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Cotrell, Williams back to court


quietfan

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Here it is, Sept 2...first big day of the season, and once again the courts (as in law courts) draw attention away from the gridiron for Bama:

http://www.al.com/alabamafootball/birmingh....xml&coll=2

Cottrell, Williams appeal seeks to restore defamation verdict

Saturday, September 02, 2006

Attorneys for former Alabama assistant football coaches Ronnie Cottrell and Ivy Williams on Friday filed an appeal with the state Supreme Court, requesting a $30 million defamation verdict in favor of the duo being restored.

The 110-page brief also requested oral arguments before the court on the issue of an indemnity agreement between the NCAA and defendant Tom Culpepper. If the agreement is enforced and the verdict is upheld, the NCAA would be liable for damages, Cottrell's attorneys argued.

A Tuscaloosa jury found Culpepper guilty of defaming Cottrell in July 2005, but the verdict was thrown out by Circuit Judge Steve Wilson four months later. Wilson ruling the jury's finding was "obviously the result of bias, prejudice and emotions."

Cottrell and Williams were assistant coaches on Mike DuBose's staff, working together for three seasons. The entire staff was dismissed after the 2000 season, when Alabama finished 3-8 despite a preseason ranking of third in the nation.

Williams was dismissed as a plaintiff during the trial and the NCAA and individuals, including lead NCAA investigator Rich Johanningmeier, were dismissed as well.

In Wilson's November 2005 ruling, he ordered a new trial. No date has been set.

"We want to keep our $30 million verdict against Culpepper and we want to enforce it per the indemnity agreement," said Delaine Mountain, Cottrell's attorney.

"We're also asking to have the court reinstate the NCAA, which certainly should have remained a defendant, and other individuals as defendants so we can go back and pursue them with the jury hearing the evidence against them.

``If we're not allowed to do that, we'd like to go back to trial and hear the case against everyone."

Culpepper's attorney, John Scott of Birmingham, could not be reached for comment.

Mountain said his clients were at a disadvantage during the trial because the indemnity agreement, in which the NCAA allegedly agreed to pay Culpepper's fees if the verdict went against him, was not known.

Wilson later ruled that the indemnity agreement was moot because the original $30 million verdict was flawed.

Attorneys for Cottrell believe it may take the Supreme Court 12 to 18 months to decide on whether or not to hear the appeal. (So we can look forward to more diversion during Bama's 2007 season as well?)

Cottrell is now the head coach at Carroll High in Ozark. Williams, who also coached in the NFL, is Cottrell's assistant.

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None of us Tide fans are focused on that. In fact, I didn't even know this was happening.

Let Ronnie and Ivy do their thing if they so choose, but keep it out of the news. I'm honestly sick of hearing about it.

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