Judge: Cottrell attorneys can see NCAA agreement

TUSCALOOSA, Ala. (AP) A judge has ruled that former Alabama assistant Ronnie Cottrell, who won a $30 million judgment in a defamation suit against freelance recruiting analyst Tom Culpepper, can see an agreement between the NCAA and Culpepper.<br> <br> But Tuscaloosa Circuit Judge Steve Wilson said the material cannot be made public at this point and attorneys for Culpepper can appeal the order to the Alabama Supreme Court.<br> <br> On Monday, attorneys for Culpepper filed a motion seeking a new trial or a reversal of the $30 million judgment a jury awarded Cottrell on July 22 for defamation.<br> <br> Cottrell attorneys have contended that the NCAA was paying Culpepper&#39;s legal fees.<br> <br> The judge, in an Aug. 19 ruling allowing Cottrell&#39;s attorneys to see the agreement, said it could not be made public because that could ``adversely affect substantial rights&#39;&#39; of Culpepper and the NCAA in a pending case in Scottsboro.<br> <br> In the Scottsboro case, Wendell Smith is suing the NCAA for defamation for labeling him a rogue booster in its investigation of the Alabama football program.<br> <br> ``The agreement is not evidence in this case, and as such is not a public record subject to disclosure,&#39;&#39; Wilson wrote. He said it was up to the judge in Smith&#39;s case to decide if it should be made public.<br> <br> Charles Elmer, an attorney for Cottrell, told The Birmingham News he was gratified the judge decided to allow attorneys to review the documents, but was disappointed that the documents won&#39;t be turned over if Culpepper appeals.<br> <br> Culpepper attorney John Scott filed motions seeking to block the enforcement of the $30 million judgment and asking Wilson to overturn the verdict, order a new trial or set aside the damages.<br> <br> The judgment would ``destroy him financially and prevent him from being able to pay his debts and essential living expenses for his wife, children and himself,&#39;&#39; Scott wrote. He said Culpepper cannot afford to post a bond or security worth 125 percent of the judgment, as required under Alabama law for filing an appeal.<br> <br> Information from: The Birmingham News<br> <br> (Copyright 2005 by The Associated Press. All Rights Reserved.)

http://accesswdun.com/article/2005/8/127938