TUSCALOOSA | Attorneys for former University of Alabama assistant football coaches Ronnie Cottrell and Ivy Williams have asked for an order to force defendant Tom Culpepper to produce a document they believe will show that his legal fees are being paid by the National Collegiate Athletic Association.
In the motion seeking the order, lawyers for Cottrell and Williams claim that such an agreement between the NCAA and Culpepper would clearly result in "bias[ed] testimony." According to court documents, the plaintiffs believe such an agreement was reached on or around Nov. 15, 2004. Cottrell and Williams are suing the NCAA and others, including Culpepper, for defamation after they were fired in the wake of a recruiting scandal. The motion claims: "The defendants (Culpepper, the NCAA et al) base their decision not to produce the confidentiality agreement on erroneous conclusions of law and attempts to apply the Alabama Rules of Evidence to discovery." The plaintiffs are seeking $15 million in compensatory damages and $45 million in punitive damages after being identified in an NCAA investigation, but later cleared. According to records released in the Logan Young criminal case in Memphis, Culpepper was a key secret witness for the NCAA in building its case against Alabama along with Tennessee coach Phillip Fulmer. Culpepper's three-year contract to provide Alabama with video content of potential high school recruits concluded this past season. In early May, both Culpepper and the NCAA filed motions before Tuscaloosa County Circuit Court Judge Steve Wilson for summary judgment "because plaintiffs, as public figures cannot establish through clear and convincing evidence that any of the NCAA defendant's statements were made with 'actual malice' needed to sustain those claims." A hearing on the matter has been scheduled for June 23. Another hearing regarding the motions to compel will be held the following day, June 24. The case is scheduled for a jury trial beginning July 11. The initial motion to compel against Culpepper was filed on May 23. In its response, attorneys for the NCAA argued that "the request seeks information that is immaterial, irrelevant and not reasonably calculated to lead to the discovery of the admissible evidence. This defendant also objects to this request for production to the extent that it seeks information that is personal, confidential and/or protected from disclosure pursuant to the Alabama Rules of Civil Procedure." The defense also contended that discovery of the agreement "would have a chilling effect on the settlement negotiations" - which plaintiffs denied. An additional motion against other defendants, including the NCAA, was filed Tuesday. In it, part of Rule 8 of the Alabama Rules of Evidence was highlighted: "This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness .." Culpepper is represented by Birmingham's John Scott, who could not be reached for comment. His firm, Starnes and Atchison, also represented the university in the initial stages of the lawsuit. In February, Young was convicted on four counts of conspiracy, crossing state lines to commit racketeering and arranging bank withdrawals to cover up a crime for paying a high school football coach to influence Tyrone Means' recruitment to Alabama. The former Crimson Tide booster is due to be sentenced Thursday by Judge Daniel Breen of the District Court for Western Tennessee. The 64-year-old businessman could receive anything from probation to jail time, with a maximum penalty of 15 years in prison and $750,000 in fines, though federal guidelines call for a lesser sentence. Breen will also rule on motions for a new trial and judgment of acquittal. Following sentencing, Young's attorneys are expected to immediately appeal. Reach Christopher Walsh at [EMAIL PROTECTED] or at (205) 722-0196. _______________________________________________ RTF mailing list RTF@rolltidefan.net http://rolltidefan.net/mailman/listinfo/rtf_rolltidefan.net
