Judge opens files in ex-Tide coaches' suit against NCAA

TUSCALOOSA, Ala. (AP) A judge made public a hefty file of documents Thursday as attorneys for the NCAA argued that a defamation suit filed by two former Alabama football coaches should be dismissed.<br> <br> Circuit Judge Steve Wilson unsealed the files at the start of a hearing on the NCAA&#39;s motion to throw out the suit filed by former Crimson Tide assistants Ronnie Cottrell and Ivy Williams.<br> <br> They claim the NCAA, investigator Richard Johanningmeier and recruiting analyst Tom Culpepper conspired to harm their reputations in an NCAA investigation that led to sanctions against the Alabama football program in 2002.<br> <br> But NCAA attorney Robert Rutherford argued that Cottrell and Williams are public figures and, as such, they have a tougher standard to meet to prove defamation, including showing that the NCAA, Johanningmeier and Culpepper acted with malice and an intent to harm the coaches.<br> <br> Rutherford said the Tide assistants were obviously public figures, seen on the sidelines of Alabama games by thousands in the stadium and millions on television. They often spoke to public gatherings and played in charity golf events, he said.<br> <br> ``Mister Cottrell even had his own charity golf tournament,&#39;&#39; said Rutherford.<br> <br> The NCAA lawyer also said there was no evidence of any conspiracy between Johanningmeier, Culpepper or others to wreck the Alabama football program and the coaches&#39; careers. Attorneys for the coaches outlined a far-reaching conspiracy, dating back several years, that included Culpepper, described as a secret witness, and Tennessee coach Phillip Fulmer and former Southeastern Conference Commissioner Roy Kramer, who are not defendants.<br> <br> ``What happened was not only was the University of Alabama football program destroyed, but my clients&#39; careers were destroyed. They have been lied to and threatened with jail,&#39;&#39; said their lawyer, Tommy Gallion.<br> <br> The Tennessee coach has called the claim ``absurd.&#39;&#39;<br> <br> The NCAA lawyer also said there was no evidence that Johanningmeier made inflammatory statements about Cottrell or Williams. He said most of the supposedly inflammatory comments were about matters that Cottrell and Williams admitted to in the NCAA investigation.<br> <br> The judge said he would rule on the dismissal motion after he reads more than 1,000-page briefs filed by both sides. Trial of the suit is set for July 11.<br> <br> The judge made files in the case public after the NCAA&#39;s attorney withdrew its request to keep the documents secret.<br> <br> ``We have no objection to public access to those materials,&#39;&#39; Rutherford said.<br> <br> The Tuscaloosa News had sued to make the case records public, including a 1,500-page brief filed by attorneys for the coaches. A more than 1,000-page filing by the NCAA also has been covered by the protective order, as have depositions and testimony.<br> <br> (Copyright 2005 by The Associated Press. All Rights Reserved.)