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A letter from attorney Tommy Gallion to SEC Commissioner Mike Slive July 26, 2004
July 23, 2004
To: Mike Slive, Commissioner of the Southeastern Conference 2201 Richard Arrington Blvd., North Birmingham, Alabama, 35203
Re: Cottrell et al vs. NCAA et al
Dear Commissioner Slive,
I am writing this letter because I have great concern over matters that have erupted between two SEC football rivals, the University of Alabama and the University of Tennessee.
As you are probably aware, Philip Shanks, one of my good friends and an attorney for Ronnie Cottrell in Memphis, Tennessee, was assaulted in the early morning hours in his office and has suffered brain damage. He laid unconscious on his law office floor for approximately one hour, during which time many of his files pertaining to his representation of Ronnie Cottrell were removed. The police have concluded that this had to be related to the above referenced lawsuit. As a result of the blow to his head, Philip has to retire from the practice of law at the relatively young age of 54 years. This is just an example of the high level of intensity that has occurred because of the revelations that have come out in this case.
Two important matters have been revealed that are somewhat extraneous to our case and certainly solidify our theory that the NCAA was working with the University of Tennessee and its coach, Phil Fulmer, to bring down the University of Alabama and its football program.
1. A federal judge in Memphis released documents in the Logan Young case that showed Phillip Fulmer was a confidential source witness against Alabama on May 23, 2000. Ironically, Coach Fulmer was on The Paul Finebaum Show the following day in which Paul Finebaum asked if he had any information concerning the University of Alabama and its alleged illegal recruiting. Coach Fulmer stated that he knew of none and if he did he would follow SEC protocol and report those matters to Coach [Mike] Dubose. This is obviously an untrue statement uttered by Coach Fulmer.
2. Cecil Hurt, a noted sportswriter for The Tuscaloosa News, received an anonymous package containing the transcription of a closed hearing conducted by the NCAA concerning the University of Alabama's football program.
Neither of these matters came out of our case directly, but certainly have been the two occurrences that have caused the most ill will by Alabama football fans against the University of Tennessee and Coach Fulmer. When this information came out almost a year ago, I wrote a letter to Mike Hamilton, the Athletic Director at the University of Tennessee, asking for a convenient time to take the deposition of Coach Fulmer. I received a reply from Mr. Hamilton that this was not a convenient time and he never got back to me as to a time I could take Coach Fulmer's deposition. It is apparent to me that Coach Fulmer does not wish to go under oath concerning his involvement in the above stated matters.
Today I read an article in the Nashville Tennessean that Coach Fulmer stated, through your office, that he was in fear of coming to Birmingham for the SEC media conference next week. This presents a problem to our legal team in that we intended to serve a subpoena for Coach Fulmer's deposition when he arrives in Alabama so we could gain in pesonam jurisdiction over him. After reading this article, I have come to the conclusion that this may cause a reaction by Coach Fulmer and his bodyguards that could result in the harm to other individuals including our process serve. In order to avoid any tragic occurrences concerning this deposition, I am requesting that you, Commissioner of the SEC, arrange a time with the University of Tennessee when we could take the deposition of Coach Fulmer so the truth can finally be revealed as to his role in the above stated matters. We will take his deposition in your office and will not reveal to anyone (other than the lawyers in this case) the time and place of this deposition.
Because of what has taken place in this case and because of the other documents produced by third parties as described above, I think you should seriously consider canceling the Tennessee-Alabama football game in Knoxville, Tenn., this fall. Neither myself, any of the lawyers on our legal team nor our clients wish to have blood on our hands if any of the students or fans at this game are injured because of the high intensity of the ill feelings between the two schools at this time. To me, you are probably the only person who can resolve this matter, both as to Fulmer's deposition and as to the game in Knoxville this fall.
Your immediate reply to this letter is needed because if you cannot resolve this matter by coordinating with Coach Fulmer and/or Tennessee Athletic Director Mike Hamilton for this deposition, I have no choice other than to attempt to serve him while he is in Alabama. As far as the other matter concerning the Alabama-Tennessee football game, I now place that in your hands.
This whole matter has been tragic from the beginning and I am more convinced now than I was originally, that not only my clients but also the University of Alabama have been horribly mistreated, and the only way that we will be able to find out the real truth is to take sworn testimony from all the individuals involved. We can only do so by placing people under oath. Unlike the NCAA, we are unable to use secret witnesses and hearsay evidence in the prosecuting our case.
Please let me have your reply at your earliest convenience.
Sincerely,
Thomas T. Gallion, III
cc: Delaine Mountain, Esq.; Tyrone Means, Esq.; Ivy Williams; Ronnie Cottrell
ROLL TIDE Rick
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