http://www.tidesports.com/apps/pbcs.dll/article?AID=/20031101/NEWS/311010316/1011

Sports analyst wants testimony kept private
Tom Culpepper says publicity could cost him jobs or breach confidentiality agreements

By Scott Parrott
Staff Writer
November 01, 2003

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TUSCALOOSA | Attorneys for Tom Culpepper are asking a judge to order that the 
freelance sport recruiting analyst�s testimony be kept private in a $60 million 
defamation lawsuit filed by two former Crimson Tide football coaches.

Culpepper is one of seven defendants, including the NCAA, being sued by Ronnie 
Cottrell and Ivy Williams. The former coaches� attorneys have requested out-of-court 
testimony and documents from Culpepper in preparation for the trial, for which a date 
has not been set.

In the court filing, Culpepper�s attorneys said the sport analyst could suffer 
irreparable harm and lose future employment if the coaches� attorneys �freely spin" 
the testimony and other information to the media or others not directly involved in 
the case. Tuscaloosa County Circuit Judge Steve Wilson is scheduled to hear arguments 
on the motion Nov. 14.

�This is a case that has tremendous public appeal and interest, so why should it be 
treated as confidential? Let the thing open up and let the public see what they�re 
doing," said Delaine Mountain, an attorney representing Cottrell and Williams.

Defense attorneys repeatedly have criticized the coaches� attorneys, Tommy Gallion and 
Mountain, for courting media attention since the lawsuit was filed in December 2002.

The latest motion, referring to Gallion, said the attorney has commented on specific 
testimony as well as other information obtained in the case on radio shows and through 
other media outlets in �an apparent effort to enhance the public�s perception of his 
clients, as well as his clients� case, and 'to try his case in the media.�"

The motion asks that the judge bar the attorneys from discussing or providing any 
information about Culpepper�s out-of-court testimony to the media or others not 
directly associated with the case. Much of the information Culpepper might have 
regarding issues in the case came from confidential sources, the motion said. 
Culpepper might breach confidentiality agreements if he were to provide some of the 
information, the motion said.

Efforts to contact Culpepper and his attorney, John Scott of Birmingham, were 
unsuccessful Friday.

The former coaches claim they have been unable to find reliable work since the 
December 2000 dismissal of former Crimson Tide football coach Mike DuBose and his 
staff. Williams was the Crimson Tide�s running backs coach under DuBose. Cottrell was 
the recruiting coordinator. The lawsuit includes claims of libel, slander, defamation, 
conspiracy and invasion of privacy against Culpepper.

Other defendants in the lawsuit are Gene Marsh, formerly the university�s faculty 
athletics representative; Marie Robbins, then the university�s NCAA compliance 
committee�s compliance coordinator; Thomas E. Yeager, the chairman of the NCAA�s 
committee on infractions; Richard A. Johanningmeier, an enforcement representative 
with the NCAA and lawyer Richard Hilliard.

Reach Scott Parrott at scott.parrott@ tuscaloosanews.com or 722-0200.


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