Courtesy www.tuscaloosanews.com by Christopher Walsh
Attorneys Tommy Gallion and Delaine Mountain are already working on two lawsuits against the National Collegiate Athletic Association, and now have a third in the on-deck circle. Jim Johnson, who claims he was falsely accused of violating NCAA rules when the University of Alabama was penalized in 2002, formally asked for an apology and the lifting of his disassociation from the athletics program on Monday. If the NCAA does not respond or issue a retraction within five days, a time limit mandated by Alabama law, Johnson will apparently file a lawsuit to clear his name. "I am officially asking the NCAA for a public apology for defaming me and my reputation," Johnson said in a statement. "I ask the NCAA to clear my name with the same vigor in which they defamed it. I have sworn testimony under oath as to my involvement in the alleged violations, as have University of Alabama [former] compliance officials Dr. Gene Marsh and Marie Robbins. All of the allegations against me have been proven false and/or manufactured." The NCAA ruled that a violation occurred when former Alabama linebacker Travis Carroll received a 1994 Jeep from Johnson's dealership in Columbus, Ga., despite not providing a down payment, trade-in or co-signer for a loan. It also cited the involvement of a former assistant coach, Neil Callaway, who was friends with Johnson. NCAA investigator Rich Johanningmeier told the NCAA Infractions Committee he believed Johnson told Carroll that he didn't have to worry about making payments and warned him against telling anyone. However, the university disagreed and appealed Johnson's disassociation, among other things, when Alabama was placed on five years probation, including a two-year bowl ban and scholarship reductions. Marsh said in his sworn affidavit: "We disputed the allegations concerning a car Travis Carroll purchased. I have expertise in credit transactions, and my analysis of that transaction was presented to the NCAA to demonstrate that it was legal and legitimate. Jim Johnson, who was vice president of the automobile dealership, came over to Tuscaloosa and met with Mr. Johanningmeier, Marie Robbins and myself. He explained the whole transaction in detail with documentation which I felt proved that there were no violations." According to the dealership's general manager, Steve Kash, 40 percent of its business was considered on-the-spot sub-prime financing, which provided high interest loans to very high-risk credit individuals, including many students. "I never owned or had title of the vehicle in question and could not have given Travis Carroll this vehicle or free use of it," Johnson said. "All of the records show that no one gave this vehicle to him and the vehicle had to be reprocessed and/or picked up by my employer for non-payment." The NCAA noted the car was repossessed almost immediately after Carroll transferred from Alabama. School officials testified that they believed it was a coincidence and he did not receive any extra benefits. "Surely, the NCAA would not have appointed Dr. Marsh to such a high position as chairman of the committee on infractions if they did not believe he was an intelligent and truthful person," Johnson said. He added: "I again challenge the NCAA to do the right thing and admit their mistake. That is all that I ask." In addition to Johnson's statement, Gallion sent letters to both Johanningmeier and NCAA president Myles Brand. "This matter has caused Mr. Johnson and members of his family great embarrassment and humiliation," Gallion wrote. "It has also cost Mr. Johnson severe financial losses." The Montgomery-based attorney also recently sent a letter to ESPN's John Saunders asking for a retraction on comments he recently made on the Sunday morning program "The Sports Reporters" regarding Tennessee coach Phillip Fulmer's decision not to attend SEC Media Days. Saunders compared the Kenny Smith lawsuit against Fulmer, the NCAA and others -- which was dismissed in Alabama and will likely be re-submitted in Tennessee - to "a bank robber suing the witnesses who testified at his trial." Gallion and Mountain, of Tuscaloosa, also represent former Alabama assistant coaches Ronnie Cottrell and Ivy Williams in their $60 million lawsuit against the NCAA and others. A scheduling plan for depositions submitted in Tuscaloosa County Circuit Court on July 30 has been approved. Cottrell and Williams will give depositions by Sept. 1, and will followed by recruiting analyst Tom Culpepper (by Oct. 15) and Johanningmeier (by a date to be determined). Meanwhile, in the Mike Price lawsuit against Time Inc., U.S. District Judge Lynwood Smith of Birmingham has denied another motion by the plaintiffs for reconsideration to lift the discovery stay while the confidential source issue is on appeal with the U.S. Court of Appeals for the 11th Circuit. Price's defamation lawsuit against Sports Illustrated and writer Don Yaeger is for $20 million. ______________________________________________________ RollTideFan - The University of Alabama Athletics Discussion List "Welcome to RollTideFan! Wear a cup!" To join or leave the list or to make changes to your subscription visit http://listinfo.rolltidefan.net
