Lawyer still pursuing Phat Phil

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Lawyer plans to renew pursuit of Fulmer deposition

By Cecil Hurt
Sports Editor
June 29, 2005

BIRMINGHAM | An attorney for former University of Alabama assistant coaches Ivy Williams and Ronnie Cottrell said Tuesday that he would renew efforts to obtain a deposition for University of Tennessee football coach Phillip Fulmer in the $60 million lawsuit that the former coaches have filed against the NCAA.

J. Michael Redicker, who is one of the lawyers working on the Cottrell case, said he would seek a “trial deposition" from Fulmer. The attorneys for Cottrell and Williams have alleged that Fulmer is a key part of a conspiracy that resulted in damages to the two former Alabama assistant coaches. The trial in that case is currently set to begin on July 11.

“We are setting into motion a process by which we can take Coach Fulmer’s deposition," Redicker said at a Tuesday press conference at the offices of his law firm, Haskell Slaughter Young & Redicker.

Redicker also released an audio CD containing a recording of a conversation between Tom Culpepper, a defendant in the case, and Rodney Orr, owner of the Tider Insider Web site. A transcript of that recording was printed by The Tuscaloosa News last Saturday.

Redicker argued that the tape “ties in absolutely" with other evidence in the case, including affidavits from radio hosts Paul Finebaum and John Longshore indicating that they received damaging information from Culpepper. The NCAA’s lawyers have made several objections to the tape, arguing that it does not meet the standard of “damaging" Cottrell or Williams.

“We heard them argue that we were not connecting the dots, but they must not have read the affidavits," Redicker said.

In addition to citing those affidavits, Redicker also cited the affidavit of Cottrell’s agent, Jimmy Sexton, who reported that LSU coach Nick Saban, among others, refused to hire Cottrell because he was on an NCAA “pink slip."

The renewed efforts to depose Fulmer will face time constraints because of the pending trial date.

“Of course there is [a time issue]," Redicker said. “But in my career, I’ve taken depositions in the middle of a trial when it has been necessary. The subpoena power of the [Tuscaloosa Circuit] court does not reach him, so our only alternative is to get a trial deposition."

Tommy Gallion, the lead attorney for Cottrell and Williams, has frequently referred to his desire to depose Fulmer. The issue also led Fulmer to skip last year’s Southeastern Conference Media Days in Birmingham, a trip which would have placed him within the effective range for a subpoena from the Tuscaloosa court. However, NCAA attorney Robert Rutherford indicated at last week’s summary disposition hearing in Tuscaloosa that Gallion had not pursued all available options in seeking to depose Fulmer.

Redicker would not speculate on whether the renewed efforts to depose Fulmer would be successful.

“I don’t want to make a comment that would me, the judge and the other parties involved in a difficult situation," Redicker said.

In other trial-related news, Redicker said that he had cleared his schedule to take a deposition from Cheryl DeWees, the employee that the NCAA said made a “clerical error" in posting a show-cause order against Cottrell on the NCAA’s official web site. That deposition is expected to take place later this week or early next week.

Gene Marsh, the former faculty athletics representative at Alabama, was deposed in Tuscaloosa on Monday.

Charles M. Elmer, an associate of Redicker’s, said that Marsh’s testimony was “generally consistent with his affidavit."

Cecil Hurt is sports editor of The Tuscaloosa News. Reach him at cecil.hurt@tuscaloosanews.com or at (205) 722-0225.