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Ex-Tide coaches lawsuit at crossroads Judge holding hearing on request to dismiss charges Thursday, June 23, 2005 By ALAN CLEMONS [EMAIL PROTECTED] Times Sports Staff TUSCALOOSA -- Attorneys for two former University of Alabama coaches and the NCAA will be in circuit court today for a summary judgment hearing that could affect the coaches' $60 million defamation trial scheduled to begin next month. NCAA officials recently presented a 1,400-page request for dismissal of all or some of the charges leveled by Montgomery attorney Tommy Gallion in a lawsuit filed by Ronnie Cottrell and Ivy Williams. The two former Crimson Tide football coaches claim defamation by the NCAA. The organization alleges their involvement five years ago in the recruitment of Memphis lineman Albert Means violated NCAA rules. Both have denied involvement in illegal recruiting practices. The hearing is scheduled for 3 p.m. before Circuit Judge Steve Wilson, who could dismiss some or all of the charges. The defamation case is scheduled for a jury trial to begin July 11. Gallion on Wednesday said his response to the NCAA's lengthy summary judgment motion was a 1,500-page reply that refuted their specific requests for dismissal. Two weeks ago, the documents in the response briefly were available as public records before Wilson sealed them. Since then, The Huntsville Times, The Birmingham News and The Tuscaloosa News have requested he re-open the documents. Wilson has not ruled on that request. "Alabama law says a dispute of the facts should go to a jury," Gallion said. "We've filed documents to back up what we've said all along and we'll see what the judge does. That's all we can do. I learned a long time ago never to speculate what a judge or jury might do, but we want to get it to a jury and that's what we'll argue (today). "If he throws out the major counts and leaves in the lesser ones, we'll file a writ and just go on from there and then go to appeals court. This is a case a jury needs to hear. If they think they've heard the last of me, they're wrong." The saga has had several twists, including the involvement of Tennessee football coach Phillip Fulmer and former Birmingham recruiting analyst Tom Culpepper as sources for the NCAA. Culpepper recorded a portion of a meeting with Fulmer, who reportedly as far back as 1998 was urging the NCAA to investigate Alabama recruiting tactics. Also, after initially denying Means received any money from the $250,000 reportedly given to his high school coach by Alabama booster Logan Young of Memphis, the coach indicated two weeks ago before Young's sentencing that Means' family received $65,000. Young was convicted on federal bribery charges and sentenced to six months in prison. Means has denied receiving any money, but admitted in Young's trial to lying to a grand jury about another person taking his pre-college entrance examination. Gallion attempted last summer to depose Fulmer about his involvement, but the coach has refused to submit to the deposition. Gallion also has rattled sabers with NCAA officials, including NCAA president Myles Brand, who last year filed a formal complaint with the Alabama Bar Association. That complaint alleged Gallion violated the association's Rules of Professional Conduct by discussing the case at length in the media. The complaint was dismissed in April. Gallion said when the Cottrell-Williams suit is over, he plans to take action against Brand. Today's hearing, Gallion said, will give attorneys roughly an hour each to argue their case. "We'll have to hustle to get ours in," he said. "To me it's too big of a case to shortcut it. This is a case I took because I believe my clients are right. I know what Culpepper did and I know what Fulmer did, and the public has a right to know what happened and what is going on." A second hearing is scheduled on Friday for other issues related to the case. © 2005 The Huntsville Times © 2005 al.com All Rights Reserved. _______________________________________________ RTF mailing list RTF@rolltidefan.net http://rolltidefan.net/mailman/listinfo/rtf_rolltidefan.net
