Fulmer gets subpoena

[quietfan 233]

http://blog.al.com/live/2008/07/tennessee_...mer_issued.html

HOOVER -- Tennessee head football coach Phillip Fulmer was subpoenaed Thursday at the Winfrey Hotel as he attended the Southeastern Conference's annual media days.

The subpoena stems from disassociated Alabama booster Wendell Smith's lawsuit against the NCAA and others.

Fulmer was directed to give a deposition Sept. 25 at the Birmingham law firm of Blankenship, Harrelson & Wollitz, according to a copy of the subpoena obtained by the Press-Register. The Volunteers play a game at Auburn two days later.

Fulmer was handed the subpoena by a process server as he walked through "radio row" near the hotel lobby, according to the Tuscaloosa News.

Alabama cut ties with Smith after the NCAA accused him of providing illegal benefits to prep football player Kenny Smith (no relation).

Fulmer skipped the 2004 SEC Kickoff to avoid being served with a subpoena in a similar lawsuit against the NCAA by former Alabama assistants Ivy Williams and Ronnie Cottrell. Fulmer was fined and reprimanded by the SEC for his absence.

Wow, they just won't drop it...but if they (Smith & his lawyers) want to keep getting their name and SPUAT's associated in the news with cheating, NCAA violations, etc. who am I to argue? Is Smith also suing SPUAT?-'cause they also blackballed him, disassociated him, and "damagd his good name"?

Interesting though: Bama fans constantly complain about how they are"discriminated against" in SEC scheduling because so many of their opponents allegedly get off weeks, easy games, or fewer distractions before their big games. Now one of their own turns around and voluntarily distracts one of Auburn's biggest opponents just two days before we play 'em. Guess they really do hate Tennessee more than us.

[runswithscissors 33]

http://blog.al.com/live/2008/07/tennessee_...mer_issued.html

HOOVER -- Tennessee head football coach Phillip Fulmer was subpoenaed Thursday at the Winfrey Hotel as he attended the Southeastern Conference's annual media days.

The subpoena stems from disassociated Alabama booster Wendell Smith's lawsuit against the NCAA and others.

Fulmer was directed to give a deposition Sept. 25 at the Birmingham law firm of Blankenship, Harrelson & Wollitz, according to a copy of the subpoena obtained by the Press-Register. The Volunteers play a game at Auburn two days later.

Fulmer was handed the subpoena by a process server as he walked through "radio row" near the hotel lobby, according to the Tuscaloosa News.

Alabama cut ties with Smith after the NCAA accused him of providing illegal benefits to prep football player Kenny Smith (no relation).

Fulmer skipped the 2004 SEC Kickoff to avoid being served with a subpoena in a similar lawsuit against the NCAA by former Alabama assistants Ivy Williams and Ronnie Cottrell. Fulmer was fined and reprimanded by the SEC for his absence.

Wow, they just won't drop it...but if they (Smith & his lawyers) want to keep getting their name and SPUAT's associated in the news with cheating, NCAA violations, etc. who am I to argue? Is Smith also suing SPUAT?-'cause they also blackballed him, disassociated him, and "damagd his good name"?

Interesting though: Bama fans constantly complain about how they are"discriminated against" in SEC scheduling because so many of their opponents allegedly get off weeks, easy games, or fewer distractions before their big games. Now one of their own turns around and voluntarily distracts one of Auburn's biggest opponents just two days before we play 'em. Guess they really do hate Tennessee more than us.

really, i don't hate UT more than AU, LSU more than AU, vice versa, etc. i don't understand some people's deal with UT. i'm not thrilled that we were on probation, and i don't know if CPP turned us in or not. even if he did, we were still doing something wrong in the NCAA's eyes, so its not really CPP's fault. if the rules wouldn't have been violated in the first place, it never would have been an issue.

[Birmingham 0]

I wish our name wasn't connected to him being served. I'm not happy about it. The U of A didn't have it done, I KNOW CNS didn't want it done (I'm sure you will disagree but why would he want to bring up a probation period before he was at Alabama???) This is no good. I hope people realize this is a disgruntled man and lawyer who are pursuing this.

[quietfan 233]

really, i don't hate UT more than AU, LSU more than AU, vice versa, etc. i don't understand some people's deal with UT. i'm not thrilled that we were on probation, and i don't know if CPP turned us in or not. even if he did, we were still doing something wrong in the NCAA's eyes, so its not really CPP's fault. if the rules wouldn't have been violated in the first place, it never would have been an issue.

I wish our name wasn't connected to him being served. I'm not happy about it. The U of A didn't have it done, I KNOW CNS didn't want it done (I'm sure you will disagree but why would he want to bring up a probation period before he was at Alabama???) This is no good. I hope people realize this is a disgruntled man and lawyer who are pursuing this.

I agree! Very sane, rational responses from both of you.

[Or has someone else logged in under your names? .... ]

[AUesquire 1]

Unless I'm mistaken, U of A was never involved in any litigation. The perception was always that it was Bama when it was Cottrell and Williams. And now Smith? Most fans used the Cottrell verdict, now in limbo, to exonerate the University and prove a bit of the conspiracy theory. But, Alabama never actually filed anything to my knowledge.

Still, it can't be good to dredge it up again and put it in the public eye.

[BZ770 2]

You know the Media will hype this up going into the game. The old adage there is no bad publicity.

[Hoopie 6]

I don't think that anyone that follows sports thought that the university was involved in the lawsuits. It was more craziness from some of the frighteningly ego-centric segment of Bama boosters. "How could anything we do be wrong if it helps the Tide?"

Actually, I'm glad FatPhil finally got served. He's got away with ducking too long.

[AUslug 1]

How much longer is this silliness gonna drag out? Why don't they just move media days and then Phil wont' have to dodge paper servers.

[WAR-MATT 2]

Most bama fans i've talked to just wish this would all go away. What's done is done and let's move on. But Wendell Smith has never had UAT's best intrest in mind with any of his actions in the past.

[quietfan 233]

I have to agree with Gene Estes below--the way in which that legal team handled this was tacky and designed for media attention. Handing out copies of the subpeona to the press at SEC Media Days? There was no reason to make the serving such a media event. Fulmer could have been served in a less public manner without affecting the wheels of justice as far as the case is concerned.

http://blog.al.com/bamabeat/2008/07/just_a...ec_media_d.html

I first heard that Tennessee coach Phillip Fulmer had been served a subpoena while I was tracking Alabama coach Nick Saban from room to room on the second floor of The Wynfrey Hotel. Honestly, I first thought it was a joke.

What changed my mind was a piece of paper I soon saw. The Birmingham legal team attempting to depose the Volunteers coach made sure to have copies of the subpoena and hand them out freely to the mass of media members. Yes, the subpoena was legit. And yes, it appeared to have been delivered this morning to Fulmer, who continued to deny it when quizzed in passing on "Radio Row."

....

Fulmer was the victim of a planned, well-orchestrated move meant to embarrass him publicly and relive past actions and accusations involving his role the NCAA investigation against Alabama. It worked. I covered Fulmer during a year on the UT beat and rarely saw him more flustered and perturbed than this morning.

In other words, this result was exactly what Fulmer feared when he didn't attend media days in 2004. One wonders if he's going to ask the SEC to return the fine he incurred.

Four years later, today surely was a surprise to everyone here. Legal representatives waited for Fulmer outside the hotel, presented the subpoena and then proceeded to tell everyone. The media spotlight at this event in unlike anything in the world of southern college football, and don't think the parties involved didn't know it.

Had copies of the subpoena not been distributed, it probably would have been kept secret. But that went against the idea. In fact, the law firm involved was not difficult for any media outlet to reach. The story predictably roared through the assembled media, becoming THE story on a day that already featured plenty of good ones in a national title contender (Georgia), the local team (Alabama) and an old coach in a new place (Ole Miss).

Fulmer's mistake, in my opinion, was speaking to Tennessee reporters and flat out denying that he had received a subpoena. I understand he was caught very much off guard. I grasp the legal reasons for not saying you were served, but surely there was a better way.

...

And I'll make this promise: There is no way Fulmer testifies two days before the Auburn game. None. He'll have to take legal steps to get out of it, and I'm sure he will. It's very doubtful the goal of deposing the UT coach will ever be realized in this lawsuit.

But again, that wasn't the point. The point was to get all of us talking, and in that goal, it was very successful.

I don't know if Wendell Smith is still a fan of Bama after being disassociated, but he just gave Bama's two biggest rivals a boost: Auburn gets the benefit of a distracted CPF the week before gameday (even if he legally avoids the deposition, you know he'll get asked about all that week.) , and Tennessee gets a big extra motivation for stomping the Tide when they come to Knoxville. Nothing like giving Vol fans, coaches, and players more reason to be angry and fired up on Oct. 25th

[WAR-MATT 2]

I have to agree with Gene Estes below--the way in which that legal team handled this was tacky and designed for media attention. Handing out copies of the subpeona to the press at SEC Media Days? There was no reason to make the serving such a media event. Fulmer could have been served in a less public manner without affecting the wheels of justice as far as the case is concerned.

http://blog.al.com/bamabeat/2008/07/just_a...ec_media_d.html

I first heard that Tennessee coach Phillip Fulmer had been served a subpoena while I was tracking Alabama coach Nick Saban from room to room on the second floor of The Wynfrey Hotel. Honestly, I first thought it was a joke.

What changed my mind was a piece of paper I soon saw. The Birmingham legal team attempting to depose the Volunteers coach made sure to have copies of the subpoena and hand them out freely to the mass of media members. Yes, the subpoena was legit. And yes, it appeared to have been delivered this morning to Fulmer, who continued to deny it when quizzed in passing on "Radio Row."

....

Fulmer was the victim of a planned, well-orchestrated move meant to embarrass him publicly and relive past actions and accusations involving his role the NCAA investigation against Alabama. It worked. I covered Fulmer during a year on the UT beat and rarely saw him more flustered and perturbed than this morning.

In other words, this result was exactly what Fulmer feared when he didn't attend media days in 2004. One wonders if he's going to ask the SEC to return the fine he incurred.

Four years later, today surely was a surprise to everyone here. Legal representatives waited for Fulmer outside the hotel, presented the subpoena and then proceeded to tell everyone. The media spotlight at this event in unlike anything in the world of southern college football, and don't think the parties involved didn't know it.

Had copies of the subpoena not been distributed, it probably would have been kept secret. But that went against the idea. In fact, the law firm involved was not difficult for any media outlet to reach. The story predictably roared through the assembled media, becoming THE story on a day that already featured plenty of good ones in a national title contender (Georgia), the local team (Alabama) and an old coach in a new place (Ole Miss).

Fulmer's mistake, in my opinion, was speaking to Tennessee reporters and flat out denying that he had received a subpoena. I understand he was caught very much off guard. I grasp the legal reasons for not saying you were served, but surely there was a better way.

...

And I'll make this promise: There is no way Fulmer testifies two days before the Auburn game. None. He'll have to take legal steps to get out of it, and I'm sure he will. It's very doubtful the goal of deposing the UT coach will ever be realized in this lawsuit.

But again, that wasn't the point. The point was to get all of us talking, and in that goal, it was very successful.

I don't know if Wendell Smith is still a fan of Bama after being disassociated, but he just gave Bama's two biggest rivals a boost: Auburn gets the benefit of a distracted CPF the week before gameday (even if he legally avoids the deposition, you know he'll get asked about all that week.) , and Tennessee gets a big extra motivation for stomping the Tide when they come to Knoxville. Nothing like giving Vol fans, coaches, and players more reason to be angry and fired up on Oct. 25th

nobody ever said they were smart....

[quietfan 233]

How much longer is this silliness gonna drag out? Why don't they just move media days and then Phil wont' have to dodge paper servers.

Funny you should mention that:

http://www.al.com/sports/birminghamnews/ks...&thispage=2

As he should've been, the SEC commissioner was angry that Kickoff 2008 became a sideshow at a legal carnival. The subpoena brought back a flood of ugly memories of the league's old Cold War.

Slive was asked if the subpoena hurts Birmingham's chances to keep the SEC Media Days here.

After a pause, he said, "It doesn't help."

See you in Atlanta next July.

[CircleDrill 178]

We hear about probation all the time, since you know, that is the only reason we have been beating uat. So let's keep it going!

It's interesting that anyone at all associated with the crimson tide eventually fails at life.

[quietfan 233]

Mark McCarter--Huntsville Times:

http://www.al.com/sports/huntsvilletimes/m...&thispage=1

Fulmer's mad, and Alabama should be, too

HOOVER - It was classless, it was grandstanding, it was inappropriate and it was exactly as described as Phillip Fulmer.

Except maybe that he didn't mean the initials stood for Boorish Shyster. Or Billable-hours Showoff.

You know the story by now.

A process server, at the behest of Birmingham attorney Brandon Blankenship of the firm Blankenship, Harrelson & Wollitz, handed Fulmer, the Tennessee football coach, a subpoena as he arrived Thursday morning for the SEC Media Days.

It's all part of a lawsuit filed by former Alabama booster Wendell Smith, a suit that threatens to outlive us all. But if you're charging by the hour, why not?

It didn't make a dent in Fulmer. All it did was let a lawyer detract from the good stories from media days and to reflect poorly again on the University of Alabama.

Fulmer wisely didn't even look at it, all the better to testify in front of the media jury.

"I have not seen a subpoena," Fulmer said in the huge ballroom where print reporters had gathered. "As I said to all the other groups, this is not the place for that kind of thing. There are great fans that have great passion about the Southeastern Conference that are not interested in that kind of BS. And I would have some other choice words if there weren't so many cameras in here."

Moments before, in a smaller group, he accurately applied the same initials and the same disgust

"We spent, three or four years ago, time putting up with all that BS that had nothing to do with football in the Southeastern Conference and darn if I'm going to start it again if I don't have to. Somebody is just screwing around," he said.

Amen.

Any Alabama fan celebrating Fulmer's subpoena is dead solid wrong. First of all, he'll no more be at that deposition on Sept. 25 than me, you, O.J. Simpson or the Easter Bunny. It doesn't reflect badly on Fulmer nearly as much as it does on the University of Alabama.

Alabama director of athletics Mal Moore, who was in the Wynfrey Hotel en route to a speaking engagement, was said to be "exasperated" by the news, according to an acquaintance.

He should be.

Everybody who truly cares about Alabama athletics should be exasperated.

Everybody with a pulse should be exasperated.

The lawsuit is ostensibly to clear the name of Smith, a Chattanooga businessman who claims to have been slandered by the NCAA during its investigation of Alabama's football violations. Blankenship alleges that Fulmer "conspired" with the NCAA to damage Smith's reputation.

But every time these lawsuits come to light, it is Alabama's reputation that is damaged. It's a reminder that Alabama spent five years in NCAA purgatory. That it narrowly avoided the NCAA death penalty. That much of the nation regarded Alabama as a crooked program with slimy boosters. It's a past that Alabama is desperately trying to put behind itself, but can't seem to do because of its "boosters" and their lawyers.

Then, there is the despicable timing of the serving.

We're not talking about a man on the lam, with his picture on a post office wall. Fulmer is more than a little recognizable and findable.

Why not catch him at the airport? Why not do so outside the hotel as he leaves?

Instead, the process server catches him just outside a hotel lobby that is full of fans and media.

He does it early in the morning, just as the proceedings begin.

He does it where it creates a buzz that detracts from the anticipation of a fresh football season.

He does it to create a story that must be written and told, taking away time and space from telling the stories of athletes and their teams, for which this event is meant.

Classy. Really classy.

BS. Blankenship-Smith. Bothersome Suers. Bitter Smell.

I think he sums it up well.

[SouthLink02 8]

It's time this went away

[AUloggerhead 2,249]

"... That much of the nation regarded Alabama as a crooked program with slimy boosters. It's a past that Alabama is desperately trying to put behind itself, but can't seem to do because of its "boosters" and their lawyers. ..."

Truer words never spoken.

Word of advice for ya, Wendel -- beware of dining on salads.

[TitanTiger 20,506]

I honestly had some bammer the other day talking to me all excited that this happened. Like somehow justice for their "wrong treatment by the NCAA" is just around the corner now. I just stared at him like he was an idiot.