New York state's statute of limitations in such cases is five years.
The district attorney said Davis tried to report his accusations in 2002 and criticized the Syracuse police for how the investigation was handled.
"Bobby, I'm sorry it took so long," the district attorney said. "I wish I had known you as a prosecutor in 2002 or even better in the 1990s."
Davis was not at the news conference.
Federal authorities have taken the lead in the Fine investigation since questions were raised about how vigorously the Syracuse police pursued the tip nine years ago.
Asked what might happen next in the case, Fitzpatrick said: "That's up to the U.S. Attorney's office. I can't bring Bernie Fine to justice for what he did to Bobby Davis and Mike Lang."
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