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Secret Recording of Syracuse Coach's Wife; Third Man Accuses Bernie Fine; New Tape Emerges in Child Abuse Scandal Involving a Syracuse Assistant Coach; Michael Jackson's Doctor Faces Sentencing; England's Prince William Involved in Naval Rescue

Aired November 27, 2011 - 22:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

TED ROWLANDS, CNN ANCHOR: We begin tonight with breaking news.

Syracuse University associate head basketball coach Bernie Fine has been fired. This after explosive allegations of sexually abusing two former ball boys. After the firing, head coach Jim Boeheim, who had earlier defended Fine, issued this statement.

Quote, "The allegations that have come forth today are disturbing and deeply troubling. I am personally very shocked because I have never witnessed any of these activities that have been alleged. I believe the university took the appropriate step tonight. What is most important is that this fully be investigated and anyone with information be supported to come forward so that the truth can be found.

"I deeply regret any statements I made that might have inhibited that from occurring or been insensitive to victims of abuse."

ESPN has released a secretly recorded conversation in 2002 between Fine's wife, Laurie Fine, and one of the coach's accusers, Bobby Davis. On it, potentially damming evidence that suggests Fine's wife not only knew about the abuse but allowed it to go on. We want to play some of that for you now.

(BEGIN VIDEO CLIP)

LAURIE FINE, WIFE OF BERNIE FINE: I know everything that went on. You know, I know everything that went on with him. Bernie has issues. Maybe that he's not aware of, but he has issues. And you trusted somebody that you shouldn't have trusted.

BOBBY DAVIS, ACCUSES BERNIE FINE OF SEX ABUSE: Yes.

FINE: Bernie is also in denial. I think that he did the things he did, but he's somehow through his own mental telepathy has erased them out of his mind. You know what? Go to a place where there's gay boys, find yourself a gay boy, and, you know, get your rocks off. Have it be over with.

DAVIS: Yes, but --

FINE: You know, he needs a -- that male companionship that I can't give him nor is he interested in me, and vice-versa. Because I care about you and I didn't want to see you being treated that way.

DAVIS: Yes.

FINE: And it's hard for me. If it was another girl like I told you, it'd be easy for me to accept that, because, you know what you're up against. You're -- when it's someone -- it's another guy, you can't compete with that.

(END VIDEO CLIP)

ROWLANDS: We're going to play the entire ESPN report in about 20 minutes.

Laurie Fine told a local newspaper, which declined to report the story at the time, that Davis had recorded multiple conversations with her and may have edited them to appear more inflammatory.

Bobby Davis and his stepbrother Mike Lang say Fine molested them back when they were ball boys. Davis also claims Laurie Fine had a sexual relationship with him when he was 18.

Today affiliate WCHS spoke to a third accuser who has come forward against Fine, 23-year-old Zach Tomaselli says Fine molested him in a Pittsburgh hotel when he was 13, the night before Syracuse game against Pitt. Tomaselli has his own troubles. He's facing charges for allegedly sexually assaulting a 14-year-old boy in Maine in 2009 and 2010. Tomaselli's own other father calls him a liar and denies every meeting Fine or letting his son take a trip with the coach.

When asked for a statement, Bernie Fine's attorney released this. Quote, "Mr. Fine will not comment on newspaper stories beyond his initial statement. Any comment from him would only invite and perpetuate ancient and suspect claims. Mr. Fine remains hopeful of a credible and expeditious review of the relevant issues by law enforcement authorities."

Our Deborah Feyerick is in Syracuse and has spoken with Mike Lang, one of the alleged victims.

Deb, what is he saying now in light of all of this new information coming out, including those tapes?

DEBORAH FEYERICK, CNN CORRESPONDENT: Again, Ted, just as at the scene, we want to tell you that Michael Lang and Bobby Davis, the men who made those tapes, they are stepbrothers. Both of them are alleging that they were sexually abused by the coach, Bernie Fine, but that they were abused to different degrees.

Now I spoke to Michael Lang earlier this afternoon. He told me that in fact the two boys revered Bernie Fine as a father figure. They were so close that as teenagers they were actually invited to Bernie and Laurie's wedding. That's how sort of close they were to the family.

Michael Lang telling me that when he heard the description by Laurie Fine on television on the tape today, describing the relationship that she had with Bobby Davis and the relationship that her husband had with Bobby Davis, Michael Lang told me that his hands started shaking because the account, what he experienced, was simply so similar to what his brother had experienced as well.

And really, it's the whole Penn State scandal that kind of got this all going, where both men realizing that they had to come forward and say something.

Lang, we tried to call -- we tried to call Bernie Fine several times. He did issue a statement saying that he's going to let the investigation run its course. We tried reaching out to his rife, Laurie Fine. Repeated calls did not go answered so we actually went to the home, knocked on the door, the lights were on, but no one answered the door.

There is a sign outside the home and it says, quote, "We believe in your innocence. We support you 100 percent, Dad." But that was before he was fired just a couple of hours ago.

The chancellor, Nancy Cantor, sending an e-mail out to the whole community here basically telling them that in fact they are shaken by what has happened. That they did not have a copy of that audiotape back in 2005 when they conducted their own investigation.

That tape is now in the hands of Syracuse police, who have launched their own investigation. So really, people are trying to get to the bottom of this as to why the initial allegation wasn't taken seriously, but, you know, we're also told that when Bobby Davis placed the original call to Syracuse police, they said the statue of limitations had indeed run out but then they also said that he should come in and talk to them directly.

That's not something that Bobby Davis followed up on. Instead, he decided to record this phone conversation with Laurie Fine. That tape was then given several years ago back to ESPN as well as the "Post Standard" -- Ted.

ROWLANDS: All right. Deb Feyerick for us on the ground in Syracuse.

As we mentioned, a third accuser against Bernie Fine has come forward. This one, however, may have some credibility issues.

Let's bring in Susan Candiotti who has been working that part of the story for us.

Susan, what did Zach Tomaselli tell you? I know you talked to him on the phone.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: I did. You know Zach Tomaselli is now 23 years old but when he was 13, he says, Bernie Fine molested him.

Tomaselli says he told police all about this just a few days ago and tonight Tomaselli tells me that after meeting Fine at an autograph signing in 2002, his dad told him he could go by himself to see a game in Pittsburgh. He says his dad put him on a bus with Syracuse fans and when he got to a hotel, Fine says that -- he says that Fine took him to his hotel room and molested him several times during the night.

This is what he told our affiliate WCHS.

(BEGIN VIDEOTAPE)

ZACH TOMASELLI, ACCUSES BERNIE FINE OF SEX ABUSE: I was in the hotel room and he was -- he would put his hand down my shorts whenever I was sitting there watching TV. And he would basically fondle me four to maybe even five times. And it would go in spurts between 10 and 15 minutes. And it would stop for a couple hours. And then he would start that all over again.

(END VIDEO CLIP)

CANDIOTTI: And this is what he also told me. Tomaselli says almost a year later in 2003 Fine invited him and his dad to a postgame party at Fine's house. His dad didn't go but Tomaselli says his dad allowed him to stay overnight. He was not assaulted that night.

Last night he called Syracuse police and met with detectives Wednesday. He says they grilled him for hours and pressed him to describe the inside of Fine's home. A couple of days later, federal agents and Syracuse police searched Fine's home and trash and removed file cabinets.

Tomaselli has his own troubles, though, as you heard. He's currently accused of sexually assaulting a minor in the state of Maine and has a trial coming up. However, Tomaselli's own father calls his son a liar. First he denies his son's allegations that he abused him. And he says his son is making this whole thing about Bernie fine up.

(BEGIN VIDEO CLIP)

FRED TOMASELLI, ESTRANGED FATHER OF FINE'S ACCUSER: I brought him to two or three games in Syracuse. Never brought him to a game in Pittsburgh or let him go to a game in Pittsburgh. Never went to any after-parties. Never let him alone doing that kind of thing.

We went to a few games and always in the nosebleed section. Never got good seats down near within shouting distance of Bernie Fine. And never talked to Bernie Fine or ever met him. And Zach hasn't either. So it's all fabricated.

(END VIDEO CLIP)

CANDIOTTI: So far Tomaselli's father says he has not been contacted by police. Obviously, investigators have a lot to sort out -- Ted.

ROWLANDS: Why did the -- Zach Tomaselli come forward now? What did he tell you?

CANDIOTTI: You know he said that when he first saw the Penn State story, much like the other accusers, he also heard about the Syracuse University old allegations. And he wanted to support those accusers who had come forward. And that's why he said he felt it was time, no matter what, to come forward with his allegations.

ROWLANDS: All right, Susan Candiotti, thank you.

Up next, we'll talk with sports journalists about this story. Reporter for "The Syracuse Daily" tells us how the campus is reacting to all of this and -- and then Jon Wertheim of the -- of "Sports Illustrated" joins us after the break to break down this case. Stay with us.

(COMMERCIAL BREAK)

ROWLANDS: We're bringing you the latest developments involving the firing of Bernie Fine. The Syracuse associate head coach who is accused of sexually abusing young boys. A third accuser came forward today.

And ESPN released a secretly recorded conversation between Fine's wife, Laurie, and his initial accuser, Bobby Davis. That apparently prompted Fine's dismissal tonight from the university. Syracuse students could have never imagined that the nightmare Penn State has been going through with the Jerry Sandusky scandal could unfold at their own school.

The situations clearly are different but the shock and disbelief may be similar.

Here to help us understand the reaction on campus is Michael Cohen, he's the sports editor for "The Daily Orange," the independent campus newspaper at Syracuse University. Also joining us by phone is "Sports Illustrated's" Jon Wertheim.

For Michael Cohen, first off, what are students saying about Fine's firing tonight? It must have been quite a shock.

MICHAEL COHEN, SPORTS EDITOR, THE DAILY ORANGE: Yes, it definitely was quite a shock. I was working on a group project when the announcement came from the chancellor. And all three of the people I were -- I was working with were in shock, they were surprised. And it's definitely something that no one was expecting at this point. You know, with -- obviously, the new information that came out today, people's opinions started to change a little bit but still for the firing to take place on a Sunday evening at that time I think was a little bit surprising for everyone.

ROWLANDS: Michael, do you think the comparison to Penn State is a fair one?

COHEN: No, I really don't. You know what we had at Penn State -- and I was down there reporting on that well for the "Daily Orange." What we had there was -- you know, a three-year grant jury report that produced a 23-page report that -- and there were charges filed against Jerry Sandusky. What we have to keep in mind is that there are still no charges as of this point filed against Bernie Fine. And that's something that's very important to consider. And that's one of the biggest differences.

You're also looking at eyewitness accounts of what took place at Penn State, as we haven't had any eyewitness accounts here. Just the three accusers coming forward. So they're very different situations. And while I can see why the comparisons would be made I really don't think they're warranted at this point.

ROWLANDS: Jon, is there anything to suggest that Syracuse coach Jim Boeheim acted inappropriately? Relating to this case, in the sense that he made such a strong statement of support early on here.

What's you're take on that?

JON WERTHEIM, SPORTS ILLUSTRATED (via phone): Yes. I don't think there's any indication there was inappropriate in the case of Penn State where administrators knew some of these allegations but I do think that Jim Boeheim may have been a bit too forceful with his initial statements which not only supported Bernie Fine, which is totally understandable, but then seemed to sort of strongly imply there was extortion here.

He could have said, can we look, I'm not Joe Paterno. And if you read his statement, the night that he released maybe an hour after Bernie Fine was fired, he had him take some more conciliatory tone. He even said, you know, I regret if I said anything that was sort of have a chilling effect.

But I don't think Jim Boeheim said anything inappropriate in terms of complicity or anything like that, but I do think he probably wishes he had been, you know, a little more judicious with that first statement.

ROWLANDS: Well, let me ask you this, do you think his job is in jeopardy?

WERTHEIM: You know, I think this is one of these situations where it's just going to keep evolving. I mean, even in the last 24 hours a lot has changed. Right now, I don't think so. Again, there's nothing to suggest that he knew any of this. But we saw with Penn State, sort of we had this drumbeat day by day, we sort of have public opinion.

And you know, this is a much different situation than it was even 48 hours ago. I mean I think that tape is sort of a game-changer. And I don't think -- again, I don't think Jim Boeheim is in trouble Sunday night as we talk but we saw at Penn State how quickly public sentiment can change and so this will definitely be something to watch these next few days.

ROWLANDS: Michael, what do you think of Boeheim's original defense of Fine? What do you think -- do you think his job should be or could be in jeopardy? COHEN: Well, I think his initial response was incredibly strong, as we've just touched upon. And the fact that he came out in support of Bernie Fine, like, didn't really seem to surprise anyone in the community because they've been friends and they've been coworkers for so long, 35 years together.

That's a long time. And as Jim said, that buys a lot of trust with someone. I don't think his job is in immediate jeopardy right now, obviously, because as we just discussed it seems like he really didn't know anything at the time. Obviously f that changes on a day by day basis, you know, things could be different but as of right now I don't think there's any reason why his job should be in jeopardy if it's in fact true that he didn't know anything throughout the time as he suggested in many of his comments.

ROWLANDS: All right. Michael Cohen, Jon Wertheim, thank you for joining us tonight.

Coming up in our next half hour, we'll have the complete ESPN report of the secretly taped interview with Fine's wife that apparently prompted Bernie Fine's firing tonight.

But next, total strangers pull together to save the lives of two people trapped on a California freeway. Wait until you see this video. It's incredible. Stay with us.

(COMMERCIAL BREAK)

ROWLANDS: Checking some other top stories.

An amazing rescue in Southern California. A truck flipped over on an interstate leaving three people inside pinned underneath the vehicle. Nearly a dozen people stopped to help, lifting the truck up, then pulling one of the passengers out. A second passenger also survived. The driver, unfortunately, died at the scene.

And "Occupy" showdown in Philadelphia. Protesters under an order to clear out their encampment in a city plaza aren't budging. They're supposed to get out by the end of the day, but right now they are sitting down, arms interlocked. Police are surrounding them but not moving in as negotiations continue. The protesters have been occupying the plaza for the past two months.

The family of a Florida A&M drum major who died last weekend decided to sue the school. Authorities suspected that Robert Champion's death was caused by hazing. No one has been charged but Champion's family has hired an attorney and they plan to hold a news conference on Monday. The school fired the band director this week. He's hired a lawyer to try to fight for his job.

Pakistanis are outraged by over an attack by NATO forces that left 24 soldiers dead but NATO hasn't offered a full apology yet. The Alliance's chief says the incident was tragic and unintended but there are reports that some officials suspect the NATO forces may have come under fire in response to the attack, Pakistan has closed two vital supply lines into Afghanistan used by NATO and U.S. forces. Egypt is facing the biggest test yet of its commitment to democracy. Voters choose a new parliament on Monday and it's expected to be the most open election in Egypt in decades. It will also be the first since President Hosni Mubarak resigned.

The military insists the election will go forward despite protests in Tahrir Square. Demonstrators want the army to give up power but officers say they won't be pressured to step aside.

Syracuse University fires associate basketball coach Bernie Fine. A big reason for his dismissal, a secretly recorded phone conversation between his wife and the man who's accusing the coach of sexually abusing him as a boy.

Hear the tapes for yourself coming up next.

(COMMERCIAL BREAK)

ROWLANDS: Mark Schwartz is the reporter who broke the story about Bobby Davis secretly recording a conversation in 2002 with Bernie fine's wife, Laurie. We want to play that entire ESPN report for you right now. ESPN says an independent audio analyst has confirmed that the voice you are about to hear is, indeed, that of Laurie Fine. And a warning, what you are about to hear contains some graphic sexual content.

Here's ESPN's Mark Schwartz.

(BEGIN VIDEOTAPE)

MARK SCHWARTZ, ESPN: Bobby Davis says he knew of one person who could validate that he was being sexually abused by Bernie Fine. That person was Fine's wife, Laurie Fine.

UNIDENTIFIED FEMALE: Hello?

DAVIS: Laurie?

UNIDENTIFIED FEMALE: Yes.

DAVIS: How are you? It's Bobby.

SCHWARTZ: Davis says that in October of 2002 he recorded a phone conversation with Laurie Fine without her knowledge. A legal act based on the location of both parties.

During the call, Fine, seen here in hidden camera video from 2003, discussed the alleged sexual molestation of Davis by her husband. Syracuse associate head basketball coach, Bernie Fine.

FINE: What did he want you to do? You can be honest with me.

DAVIS: What do you think? What he always does.

FINE: What? He wants you to grab him? Or (INAUDIBLE).

DAVIS: No, he's trying to make me -- I mean he's like -- at first when he grabbed me in there -- you know, towards me --- --

FINE: But you never had any oral sex with him?

DAVIS: No.

FINE: No. All right.

(CROSSTALK)

DAVIS: I think he would want to, but --

FINE: Of course he would.

DAVIS: But --

FINE: Why wouldn't he?

SCHWARTZ: After bringing these allegations against Bernie Fine, to a Syracuse police detective in 2002 and get nothing where, Davis says he was determined to confirm his story. He says he hoped Laurie fine would disclose on tape the details of her own knowledge of the abuse he says started when he was 12 when continued for more than a decade.

So what were you hoping to accomplish by recording it?

DAVIS: Laurie was a person I talked to a lot about the situation as I got older. And she was there a lot of the times and seen a lot of the things going on, you know, when -- you know, Bernie would come down the basement in his house at night, when I was laying down there. And you know she had to see him every night do that but Laurie was the only one else that knew about what was going on, you know, and saw things that were happening with her own eyes and that we talked about it.

FINE: I know everything that went on. You know, I know everything that went on with him. Bernie has issues. Maybe he's not aware of but he has issues. And he trusted somebody he shouldn't have trusted. Bernie is also in denial. I think that he did the things he did but somehow through his own mental telepathy has erased them out of his mind.

SCHWARTZ: Davis, who periodically stayed here beginning at the Fine's former home, beginning in the 7th grade. And at one point had his own room in their basement, says Laurie Fine told him she was aware that her husband was sexually abusing him.

DAVIS: Do you think I'm the only one that he's ever done that to?

FINE: No, but I think there was might have been others but it was geared to you. There was something about you.

DAVIS: I wonder like -- I wonder why --

(CROSSTALK) DAVIS: One time she's talking me incidents where she saw him through the basement window and she left, like, the blinds open a little bit one night and she's acting like she was taking the garbage out but she was watching through the window.

Bernie grabbing me and -- you know, touching me. And she said the next day, you know, Bobby, we got to do something, We got -- you know, this is when I was a little older, party like a junior in high school and you guys stepped up to it. You guys say something. You've go to be mad?

SCHWARTZ: During the phone call Davis explained to Laurie Fine that when he was 27 years old in the late '90s, he asked Bernie Fine for $5,000 to help pay off some student loans.

FINE: When he gave you the money, what did he want for it? You wanted you to grab him or he wanted to do you?

DAVIS: He wanted me to do me.

(CROSSTALK)

DAVIS: He wanted me to touch him, too. He tried to make me touch him a couple of times. He'd grab my hand, and then I'd pull away, then he'd put me in your bed, and then, you know, put me down, and I'd try to go away, and he'd put his arm on top of my chest. He goes, "If you want this money, you'll stay right here, you know.

FINE: Right, right. He just has a nasty attitude because he didn't get his money nor did he get what he wanted. He didn't get --

DAVIS: It's not about the money.

FINE: It's about the (EXPLETIVE DELETED). I know that. So you're -- I've been telling you for your own good, you better just stay away from him.

SCHWARTZ: During the call, Laurie Fine suggested to Davis what her husband should do with his need for male companionship.

FINE: You know what? Go to a place where there's gay boys. Find yourself a gay boy. Get -- you know, get your rocks off. Have it be over with.

DAVIS: But --

FINE: You know, he just needed that male companionship that I can't give it to him. He's not interested in me and vice-versa.

SCHWARTZ: At one point Laurie Fine seems to say her husband was not the only adult in the Fine household who betrayed Davis' trust.

(END VIDEOTAPE)

ROWLANDS: There's much more of that report and that secretly taped conversation ahead. Bobby Davis claiming a twisted relationship with the wife of his alleged abuser. Stay with us.

(COMMERCIAL BREAK)

ROWLANDS: Before the break we played part of ESPN's report on that audiotape. Now we want to play the rest of it. Again, we want to warn you what you are about to hear contains graphic sexual content.

(BEGIN VIDEOTAPE)

SCHWARZ: At one point, Laurie Fine seems to say that her husband was not the only adult in the Fine household who betrayed Davis' trust. Davis says he and Laurie Fine had a sexual relationship that she initiated when he says he was 18 and a senior in high school.

UNIDENTIFIED MALE: Were you ever with her sexually?

DAVIS: Yes.

UNIDENTIFIED MALE: Slept with her?

DAVIS: Yes.

UNIDENTIFIED MALE: Had intercourse with her?

DAVIS: Yes.

UNIDENTIFIED MALE: Does Bernie Fine know about that?

DAVIS: I did tell Bernie. This was when I got older, not when I was a kid. I thought he was going to kill me, but I told him about it, what was going on with me and Laurie. It didn't faze him one bit, honestly.

SCHWARZ: Later in the call, Laurie Fine tells Davis she wanted to come to his defense, but she just wasn't capable of it.

FINE: Because I care about you and I didn't want to see you being treated that way. And it's hard -- if it was another girl it would be easier because you know what you're up against. When it's a guy, you can't compete with that. It's wrong, and you were a kid. You're a man now but you were a kid then.

UNIDENTIFIED FEMALE: This is about a kid who was abused and adults who didn't help, who didn't step in, who, in fact, sort of allowed it, created a space for it to go on.

SCHWARZ: Danielle Roach (ph), who has been friend with Davis since the second grade, says as a teenager she served as the Fine's babysitter for about three years. Recently, Roach (ph)listened to the conversation again. Davis first played the call for her after recording it in 2002.

UNIDENTIFIED FEMALE: This tape tells me that Laurie knew and watched it go on, knowingly that it was going on in her home for a long time. SCHWARZ: Roach (ph), who is now a mother herself, says she cannot imagine how any mother could know sexual abuse was happening in her home and not act.

It's amazing that she can say some of the things she said to Bobby but couldn't pick up the phone and say, this isn't a place for your kid. Maybe he shouldn't be here.

SCHWARZ: At the time Davis says he questioned whether anyone would ever believe his story, yet Laurie Fine tells him she's already warned her husband one day his alleged molestation of Davis might become public.

FINE: I said to him, you know, Bobby and I talked, and I know some things about you that if you keep pushing are going to be let out.

DAVIS: Yes.

FINE: He didn't even flinch.

DAVIS: I know. That's what I'm saying.

FINE: He says, beautiful, let him go ahead, sure.

DAVIS: He doesn't think he can be touched.

FINE: No, he thinks he's above the law.

(END VIDEOTAPE)

ROWLANDS: Certainly a striking report from ESPN. But Davis first gave the tape to the network in 2003. Why did ESPN sit on it for eight years before finally reporting on it today? CNN's Fredericka Whitfield posed that question and others to the reporter who broke the story, Mark Schwarz.

(BEGIN VIDEOTAPE)

SCHWARZ: We interviewed Bobby Davis extensively in several locations for dozens of hours, both on the phone, in camera -- on camera, and we had what we thought was a very credible story. However, what we did not have at the time was someone to corroborate the facts of his story, another alleged victim of the same abuser, the alleged abuser in this case, Bernie Fine. We did have the tape at the time, as you say, and we had Bobby Davis, one victim.

But only 10 days ago, on Thursday the 17th, did a second victim actually come forward and appear on camera, and that was 45-year-old Mike Kang, who is the older stepbrother of Bobby Davis, who alleged a very similar pattern of abuse from Bernie Fine.

So at that point our goal was to, first of all, get a voice recognition expert who could verify as much as possible that this was, indeed, the voice of Laurie Fine. And we also spent time reaching out to the Fines beginning early last week, wanting to get their comment. We reached out to them through their attorneys. We did not hear from them. In fact, we got the same release that you did today, saying that Mr. Fine will not comment on newspaper stories beyond his initial statement.

FREDRICKA WHITFIELD, CNN CORRESPONDENT: So what did you authorities say, if anything, when you went to them, if you went to them, and said, hey, we have this tape, and while we can't get anybody else to corroborate the information on this tape, what can you do with this information?

SCHWARZ: Well, you know, we don't see it as our job to go to authorities with evidence that we collect. We did not go to the authorities with the tape. The authorities did speak to Bobby Davis before the tape was made in 2002. He spoke to a Syracuse police detective who he says spent about five minutes on the phone with him and didn't even do a detective report, told him the statute of limitations had come and gone.

And that is why, Bobby Davis says, he recorded the tape to try to at least corroborate his story this way. He was determined that Laurie Fine, who he says had a window into this abuse, in fact literally one time saw the abuse going on in the home through a basement window with her husband and Bobby Davis, and she alleged that actually did happen on the tape.

But once the interviews were done 10 days ago with Bobby Davis and Mike Lang, that tape then through them got into the hand of the police department, and it is evidence in this case and the district attorney Bill Fitzpatrick also has a copy of the tape.

WHITFIELD: And following November 17, that is what alerted you or ESPN to say let's go and try to get this voice recognition. Why was that not done before?

SCHWARZ: Well, it was important to do that if we were actually going to air the tape. These are grave charges. We had to do everything that we could to confirm the voice was, indeed, Laurie Fine. Bobby Davis, of course, told us it was Laurie Fine. You hear on the tape he says, hello, Laurie. She says, hello, Bobby.

But in this kind of a case you have to confirm it. And that's why we wanted to, before airing it, take the extra step to run it by a voice recognition expert who says, yes, that is the voice of Laurie Fine, because we compared it to other voice of Laurie Fine, examples that we were able to provide.

WHITFIELD: And who shot the videotape of her behind a counter?

SCHWARZ: We shot hidden camera video in 2003, which is one of the areas we had, you know, her voice on tape. So we're able to compare her voice from 2003 and the call from 2002. And that's how the voice recognition expert was able to verify for us that that was, indeed, her voice.

WHITFIELD: Now, talk to me about the legality of why that audiotape recording, why Bobby Davis was not breaking the law the way in which he did it?

SCHWARZ: OK, well, Bobby Davis made the call from St. George, Utah, and the call was received here in Syracuse, New York. Now, both of those states, Utah and New York, are one-party states. And what that means, by law, it is legal to record a conversation with someone without the second party knowing. So, in Utah and in New York, the origin and the source of the call, both states are one-party states. The call was then made legally.

(END VIDEOTAPE)

ROWLANDS: That was Mark Schwarz, the ESPN reporter talking earlier today with our Fredericka Whitfield.

Syracuse Chancellor Nancy Cantor says the university was never given the tape by Bobby Davis during their own investigation that took place back in 2005.

Well, coming up, an amazing rescue at sea. A military helicopter crew braves gale force winds to rescue stranded sailors. And one of the men at the controls was a royal. We'll tell you who coming up after the break.

(COMMERCIAL BREAK)

ROWLANDS: Now to the big stories coming up in the week ahead from the White House to Wall Street. Our correspondents tell you what you need to know and be watching out for. We begin tonight with the president's plan for next week.

(BEGIN VIDEOTAPE)

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: I'm Dan Lothian at the White House. With Thanksgiving in the rearview mirror and Christmas out the windshield, the first family will be attending the lighting of the national Christmas tree on Thursday. But before that holiday tradition takes place, the president will be focused on the global economy as he welcomes leaders of the European Union to a summit here at the White House on Monday.

On Tuesday the prime minister of the Netherlands will visit the Oval Office. Then on Wednesday the president heads to Scranton, Pennsylvania, where in a speech he'll push Congress to extend and expand the payroll tax cut.

CHRIS LAWRENCE, CNN PENTAGON CORRESPONDENT: I'm Chris Lawrence at the Pentagon. And on Monday the Navy celebrates the 50th anniversary of the USS Enterprise down in Norfolk, Virginia. The folks how handle the Pentagon's budget, they are facing up to a half a trillion in potential cuts. On one hand they will have to work up ways to where those cuts could be made while at the same time lobbying Congress to keep the budget relatively intact.

PAUL STEINHAUSER, CNN DEPUTY POLITICAL EDITOR. I Paul Steinhauser at the CNN Political Desk. Tuesday marks five weeks until the first votes in the Iowa caucuses, which is the first contest in the primary and caucus calendar. With the clock ticking, most of the Republican presidential candidates spend this week campaigning in Iowa as well as New Hampshire, South Carolina, and Florida, the first four states to vote in the race for the GOP nomination.

POPPY HARLOW, CNNMONEY.COM CORRESPONDENT: I'm Poppy Harlow in New York. Well after a short trading week Wall Street gets back to work on Monday. We'll get key readings on the housing market, auto sales, and manufacturing throughout the week. And then attention turns to the all-important November jobs report that comes on Friday morning.

This year the U.S. economy has been averaging about 125,000 job gains a month. That is not nearly enough to significantly bring down the unemployment rate which still stand at a stubbornly high nine percent. We'll watch that very closely. We'll track it all for you all week on "CNN Money".

A.J. HAMMER, HLN HOST, "SHOWBIZ TONIGHT": I'm "SHOWBIZ TONIGHT's" A.J. Hammer and here's what we're watching this week. Sentencing for Dr. Conrad Murray, so will the judge throw the book at him? Plus it's Grammy watch. You've got Lady Gaga, Bruno Mars, which stars will get all the big nods this year? Catch "SHOWBIZ TONIGHT" exclusively Sunday and Friday at 11:00 p.m. eastern and pacific on HLN.

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ROWLANDS: Conrad Murray faces sentencing Tuesday in the death of Michael Jackson. We'll talk with Murray's attorney J. Michael Flanagan coming up next. Stay with us.

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ROWLANDS: Michael Jackson's former doctor Dr. Conrad Murray faces sentencing Tuesday in Los Angeles. Murray was found guilty of involuntary manslaughter in Jackson's death. Prosecutors have asked for the maximum sentence, four years and more than $100 million in restitution to Jackson's children. Earlier I talked with Murray's defense attorney J. Michael Flanagan and I asked him what his client is expecting on Tuesday.

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J. MICHAEL FLANAGAN, MURRAY'S DEFENSE ATTORNEY: He doesn't really know what's going to happen. You know, what really should happen is he should be given probation, at worst case scenario, low term. I've talked with him a couple times in jail. His spirits are up, but I don't think that he wants to give up on this case. I don't think we're going to quit. And I'm advising him to file an appeal in this matter.

ROWLANDS: What will be the basis of that appeal?

FLANAGAN: There's numerous bases for the appeal. California law provides for sequestration in high publicity cases. The O.J. Simpson case, for example, was sequestered. That was probably the highest profile case here in California. Just recently, you recall the Casey Anthony case. That was a sequestered jury.

The potential audience for this case involving Dr. Murray is about 5 million people. There was a billion people that watched this trial. If ever there was a case for sequestration, this was the case. It was covered by all of the talk shows, and all of the commentary, a vast majority of it, was very, very negative, and the jury being exposed to that. I think sequestration is a big issue in this case.

We were also subjected to adverse rulings. The prosecutor, David Walgren, did a very good job. He was able to convince the judge that we shouldn't talk about finances of Michael Jackson.

ROWLANDS: You also wanted Arnie Klein, they said no to that as well, all of those things coming up. Do you think on Tuesday Jackson's family members will address the court? They've been there throughout the trial. Do you think someone is going to deliver an impact statement?

FLANAGAN: I would think so. We were there in court this last week, and David Walgren said he thought there was going to be individual speaking. I would just anticipate the only individual they would have speak would be a member of the family.

ROWLANDS: How about you, do you have anybody getting up? Do you have the opportunity to do so?

FLANAGAN: Yes, we do. And we are -- we are thinking about doing that also.

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ROWLANDS: You can watch coverage of Murray's sentencing on Tuesday right here on CNN.

Well, coming up, caught on tape, a dangerous rescue at sea, and the Royal Air Force sent its best royal co-pilot on the mission. Stay tuned.

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ROWLANDS: Earlier tonight we had planned an interview with an American student who returned home after being held in Egypt. Gregory Porter was one of three students arrested during pro-democracy protests. We did not talk to him. Instead, a prankster made it on air. CNN regrets this mistake and we apologize to Mr. Porter for any confusion that arose from this incident.

Checking our headlines, Syracuse University associate basketball coach Bernie Fine has been fired, this after explosive allegations of sexually abusing two former ball boys. ESPN released a secretly recorded consideration between Fine's wife, Laurie, and his initial accuser, former ball boy, Bobby Davis. It's suggested she not only knew about the abuse but allowed it to go on. A Utah man faces charges for allegedly watching child pornography on his laptop on a flight from Utah to Boston. Officers said 47-year- old Grant Smith was seated in first class on a Delta flight when another passenger alerted the flight crew on Saturday. Other passengers reportedly took a cellphone photo of smith watching the video. He is to be arraigned Monday in Boston on charges of possession of child pornography.

An act of heroism in southern California. Nearly a dozen motorists came to the aid of three people whose truck rolled over on top of them. The good Samaritans lifted the truck up and got one of the passengers safely out. Rescue crews then arrived and helped rescue a second passenger. The driver died at the scene.

An Occupy showdown Philadelphia. Protesters under an order to clear out their encampment in a city plaza are not budging. They're supposed to get out by the end of the day, they were, but right now they're sitting down, arms interlocked. Police are surrounding them but not moving in as of yet. As they continue to negotiate, the protesters have been occupying the plaza for the past two months.

This year's sales numbers are in for black Friday. And it looks like folks shopped until they dropped. Retail sales hit record numbers of 6.6 percent over last year. Consumers spent an estimated $11.4 billion on the busiest shopping day of the year. Black Friday online sales were also up 24 percent from last year.

Prince William was one of a team of rescuers that pitched in to save sailors on a capsized cargo ship. The British royal was the co- pilot on a helicopter that rescued two sailors from a life raft. This is video taken from his sea king rescue helicopter. It went down about 30 kilometers off the coast of wales. Gale force winds battered the cargo ship. Five sailors are missing. Authorities were aware Prince William was taking part in the mission.

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UNIDENTIFIED FEMALE: The coast guard station today confirmed to me they knew he was on board because they knew his voice. But they certainly never thought of him as anything other than just one of the other member of this team going out, doing their job, and that they sought very much to try and treat him in the same way as all the others.

But there's no doubt the work he was doing last night saved these two people's lives and the work that's going on today by his colleagues and other members of the lifeboat service and other emergency services is seeking to rescue or indeed recover those that are still missing at sea.

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ROWLANDS: I'm Ted Rowlands at the CNN Center in Atlanta. Have a great night.