Coach Fulmer's official statement about The Subpoena

by Joel Hollingsworth on Jul 24, 2008 8:30 PM EDT in Tennessee Volunteer Football

From Coach Fulmer:

I do have to be a little bit careful - a lot more than I’d like to be.

I was getting out of the car and was tossed a piece of paper that I picked up, stuck it in with a whole bunch of things that I had been reading on my way in from the airport and handed it to Bud Ford to put in his briefcase and forgot about it. I got a bunch of questions (from the media) about a subpoena that I hadn’t seen.

I wasn’t expecting a subpoena but maybe every time I go to Birmingham I probably will be expecting a subpoena. As it turns out its some sort of subpoena to do something, and I will let the attorneys all handle that. The issue is its all crap and they are trying to use the press trying to use a day that’s very special to the Southeastern conference for players and the coaches.

Because they can’t win legally they are trying to play the game in the press I am more than a little PO’d about any part of that. It’s sad that a few publicity hunting lawyers in one of our sister states want to keep open a chapter of history that has long since been closed and as far as I’m concerned will stay closed. Obviously this is an effort to distract our football team or distract me in some way. The last time this happened we won the division with two freshman quarterbacks. We won’t be distracted I had a good conversation with the commissioner about it.

About being in Birmingham, I wasn’t trying to mislead anybody. I hadn’t looked at anything.

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Comments

That must have been an amusing scene.

Some summer intern probably got stuck delivering that thing. At any rate, the paperboy certainly couldn’t have been comfortable handing it to him with all of the attention around.

At this stage, a lot of this will come down to impressions, and the lawyers made a horrible impression that got national media attention. They’ll have to go out of their way to demonstrate to the judge that the subpoena is indeed legitimate and not just a tool for the booster to get at Fulmer. I wouldn’t be surprised to see Fulmer released from the obligation entirely, to be honest. It’s already spun out like a witch hunt rather than a fact quest.

What a pain.

by David Hooper on Jul 24, 2008 10:20 PM EDT reply actions

Not Quite

“They’ll have to go out of their way to demonstrate to the judge that the subpoena is indeed legitimate”

The subpoena has already been in front of a judge, who chose to override the typical waiting period specifically so that Fulmer could be served at media days, and even if the firm hadn’t produced enough proof of service to meet their burden before, this statement of Fulmer’s gives them really all they need. The rules of service of process are not where the courts decide the merits of the case.

Further, while Fulmer seems to think it’s all about him, he’s likely a secondary or tertiary witness. Besides, as often happens at depositions, it may turn out that he has nothing to say that would interest a jury and his appearance at the deposition will be the end of his involvement with the case.

Also? Service of process is a notoriously shady practice, tossing an envelope at someone getting out of a car is hardly so bizarre as to raise the eyebrow of anyone as familiar as the judges and lawyers are with this sort of thing.

by PeteHoliday on Jul 24, 2008 10:57 PM EDT up reply actions

Thanks for clarifying a bit. Obviously I’m no lawyer (and Joel’s morning post did it far more justice). It still seems to me that this law firm really made themselves look bad, though. This is not going to play well for Alabama and her fans.

by David Hooper on Jul 25, 2008 7:46 AM EDT up reply actions