Phil Just Got Served?

#126
#126
VolunteerHillbilly said:
I don't think he ever had to answer to the charges that Tommy Gallion accused him of and I have a feeling that Smith's lawyers may have access to Gallion's "evidence". Phil has always said that he would not testify because he did not want to prolong the issue, but it seems to me that if he had nothing to hide the best way to put this to bed would be to spill his guts.
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I'd think so. Get it over with, say what you know, and be done with it. The fact that he's done his best to avoid it completely just makes him look bad.
 
#129
#129
hatvol96 said:
If it's no big deal, why has he gone to extraordinary lengths to avoid ever being deposed in these matters?
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Hat, I have to disagree with you. He hasn't gone to extraordinary lengths. They know where he is most all of the time,I would think, if they really wanted to serve him. It's not like he's been hiding. The only time he hasn't been at media days was '04, and we played there in '05 and last year.
 
#130
#130
onevolfan said:
Hat, I have to disagree with you. He hasn't gone to extraordinary lengths. They know where he is most all of the time,I would think, if they really wanted to serve him. It's not like he's been hiding. The only time he hasn't been at media days was '04, and we played there in '05 and last year.
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Yeah, disgracing the athletic department by being the only coach in modern history to cower away from Media Days isn't extraordinary.
 
#135
#135
This gets me worried b/c of this reason. Let's say the defendent's lawyer, wendell smith, asks questions, say oh like, Have you ever done any recruiting violations under the ncaa policy while at tennessee and let's say fulmer has. maybe not as big as bama, but still stuff. He'd be screwed. He'd be labed a hypocrite. NCAA would investigate, we could be but on probation. I don't have a good feeling a/b this.
 
#136
#136
lg, the Bama speculation has been that some version of what I am posting below is true and that Phil was given "immunity" from his transgressions by providing the testimony that was used to take down Bama. I myself have a hard time believing it.

From 2003:

An alleged $50,000 line of credit for Nashville's John Henderson while he was playing for the Vols. $30,000 to Henderson teammate Travis Henry. $2,200 handed to Lineman Fred Weary.



These are allegations made by Alabama-based attorney Thomas Gallion. Gallion claims to have documents proving Vol head man Phillip Fulmer signed a $50,000 line of credit for Henderson at a Nashville SunTrust Bank, clearly an NCAA violation. He claims to have a sworn affidavit from a former Vol walk-on stating former players received improper benefits while still members of the team.



Former Vol and Cincinnati Bengal wideout and now Henderson's agent, Tim McGee, told the Knoxville News-Sentinel this week that, "Most of the information has some truth ... but when you don't represent the proper time and proper date, it looks illegal. The Western Union transfers were sent for payroll and recruiting expenses. But I didn't have any contract agreement with the players."



The former walk-on apparently served as a "runner" to deliver funds from McGee to Henderson and maybe others, is thought to be Rommie Hawkins. McGee said he has wired money to Hawkins in the past, but not with the intent to give to Vol players still on the team.



Money was sent, but McGee does not claim to know whose pockets it landed in. McGee also claims the line of credit was set up on January 3, 2002, just after the Vols participation in the Citrus Bowl which ended Henderson's college eligibility. Gallion claims he started an account for Henderson, but after the Citrus Bowl game. "And I have all the documents to prove it", says McGee.



New Tennessee athletics director Mike Hamilton has initiated an internal investigation. "Any time there is anything of this nature, even if it is Internet rumors, we check out anything in relation to our athletic department," Hamilton said.



[FONT=Helvetica, Arial, sans-serif]Gallion said he planned to turn his findings over to the NCAA, but Hamilton said Wednesday the NCAA has not contacted him.
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#137
#137
zjcvols said:
This gets me worried b/c of this reason. Let's say the defendent's lawyer, wendell smith, asks questions, say oh like, Have you ever done any recruiting violations under the ncaa policy while at tennessee and let's say fulmer has. maybe not as big as bama, but still stuff. He'd be screwed. He'd be labed a hypocrite. NCAA would investigate, we could be but on probation. I don't have a good feeling a/b this.
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That is exaclty what the Bammers hope happens, but even if you believe their version of events the NCAA already gave the Vols a pass.
 
#140
#140
zjcvols said:
This gets me worried b/c of this reason. Let's say the defendent's lawyer, wendell smith, asks questions, say oh like, Have you ever done any recruiting violations under the ncaa policy while at tennessee and let's say fulmer has. maybe not as big as bama, but still stuff. He'd be screwed. He'd be labed a hypocrite. NCAA would investigate, we could be but on probation. I don't have a good feeling a/b this.
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I don't think this kind of questioning would fall under the scope of the subpoena (maybe someone with more knowledge can help). In any case he does not have to answer anything that incriminates himself does he?
 
#141
#141
Thanks VHB. I did not realize that the gist of this was that Fulmer was being criticized for NCAA violations of his own.

I guess I don;t understand what one has to do with the other. I have a hard timeseeing the NCAA agree to overlook something like a $50,000 credit line for a player at one school in return for evidence about a rival's transgressions. I wouldn't think that the NCAA would go for that at all.
 
#142
#142
Hat-

If Fulmer "informs" or points out to an official that an opponent is lined up off sides just prior to a snap and a flag is thrown after the snap, is he a "rat"?
 
#143
#143
hatvol96 said:
Yeah, disgracing the athletic department by being the only coach in modern history to cower away from Media Days isn't extraordinary.
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Didn't CPF not go in 04 based on advice from his legal counsel? If that's the case, I wouldn't call it a "cower".
 
#144
#144
As much as we would all like to blame this on Bama, this was the actions of the attorneys hired by a car dealer from Chatanooga that Fatboy accused of buying players.
 
#145
#145
lawgator1 said:
Thanks VHB. I did not realize that the gist of this was that Fulmer was being criticized for NCAA violations of his own.

I guess I don;t understand what one has to do with the other. I have a hard timeseeing the NCAA agree to overlook something like a $50,000 credit line for a player at one school in return for evidence about a rival's transgressions. I wouldn't think that the NCAA would go for that at all.
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To play devil's advocate, I wouldn't think that the NCAA would let go of the Reggie Bush thing.
edit: although I guess they have not officially finished with him.
 
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#147
#147
SAM1171 said:
As much as we would all like to blame this on Bama, this was the actions of the attorneys hired by a car dealer from Chatanooga that Fatboy accused of buying players.
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who was a bammer booster. Like it or not (and I'm guessing you don't) this story will still be pegged to UAT
 
#149
#149
VolunteerHillbilly said:
This is so bizzare. I just cannot believe that these lawyers would lie about this, it's just not a big enough deal and he's still there so they could serve him later, or at the AU game.

http://www.mrsec.com/story.php?id=1949
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This is going to sound like splitting hairs here, but from what I've read there might be a hint of deniability in Fulmer's mind....

The intern from the atty's office who says he witnessed the service(Linton), said himself that the server laid the subpoena on the coach's lap when he(fulmer) opened the door of the SUV. Linton furhter said that Fulmer only looked at other papers that he had with him. Fulmer may not feel he was served.

It is indeed a bizarre serires of events...
 
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