http://www.ajc.com/uga/content/sports/uga/0104/27tide.html
Tide-Vols rivalry could play out in court By MARK SCHLABACH Atlanta Journal-Constitution Staff Writer Montgomery -- One of the nation's most storied college football rivalries is being played out in a federal lawsuit, a criminal case and, if one lawyer gets his way, a congressional investigation. It's Alabama vs. Tennessee, but it's much more than that. The lawyer for two former Alabama assistant coaches alleges they were the victims of a plot by Tennessee coach Phillip Fulmer, three Tennessee boosters, the NCAA, the FBI and the Memphis office of the U.S. Justice Department. There's at least one shred of truth. Evidence ties Fulmer to the NCAA investigation that resulted in Alabama receiving a five-year probation, a two-year bowl ban and a reduction in football scholarships. Documents the NCAA was forced to release this month show that Fulmer spoke at least twice with the NCAA official who investigated Alabama. Fulmer called enforcement director Rich Johanningmeier on May 23, 2000 and Aug. 7, 2000 and told him about wrongdoing by Alabama booster Logan Young, Johanningmeier's report says. Young was the key figure in Alabama's infractions case. Thomas Gallion of Montgomery, who is representing former Crimson Tide assistants Ronnie Cottrell and Ivy Williams in a $60 million defamation suit against the NCAA and six other defendants, charges that Fulmer and Tennessee informed on Alabama to win NCAA leniency for themselves. Since 2000, Tennessee has been cleared of allegations of academic fraud and paying a player, and the NCAA accepted the school's self-imposed slap on the wrist for a recruiting violation. Gallion accuses the NCAA of ignoring violations at Tennessee in exchange for Fulmer's testimony against Alabama. And he accuses federal agencies of working with the NCAA to undermine the Crimson Tide football program. In an Oct. 22 letter to Tennessee athletics director Mike Hamilton, Gallion wrote: "We have reason to believe the U.S. Justice Department in Memphis, together with the FBI, have been working with the NCAA and these Tennessee boosters to further inflict harm on the University of Alabama football program." "The Tennessee boosters had their sources at the FBI and Justice Department, and they used them," Gallion said Monday. The Memphis FBI office did not return calls seeking comment. At a news conference in Birmingham today, Gallion said, he will ask for a congressional hearing into the NCAA's investigation of Alabama and the FBI's involvement in it. The NCAA doesn't comment on investigations, spokesman Jeff Howard said, but he said the NCAA was "disappointed with the cavalier way documents -- including confidential interviews -- have been handled by some attorneys involved." Recruitment of Means SEC commissioner Mike Slive said he doesn't believe the NCAA would overlook violations at Tennessee in exchange for Fulmer's testimony against Alabama. "I just don't see the NCAA giving an institution a free pass under any circumstances," Slive said. "That would just have ramifications the NCAA wouldn't want to have to answer to. I don't think that's the case at all." Gallion said last week he is sending evidence to Hamilton and the NCAA that proves the Volunteers committed NCAA rules violations. Hamilton and Fulmer declined to be interviewed for this story. Alabama and Tennessee wage one of the nation's most intense interstate rivalries, a game so famous that fans throughout the South used to refer to it simply by its spot on the calendar: The Third Saturday in October. The rescheduling of the game to the fourth Saturday in October -- and Tennessee's victories in eight of its last nine games against Alabama -- have done nothing to lower the passion on either end. Young, a longtime Alabama booster, was indicted in October by a federal grand jury in Memphis on charges of conspiracy, crossing state lines to commit racketeering and arranging bank withdrawals to cover up a crime. Young pleaded innocent; he faces up to 15 years in prison and a $900,000 fine if convicted. The charges stem from the Crimson Tide's recruitment of defensive tackle Albert Means of Memphis. Means signed with Alabama in February 2000 but left school when his high school coach was accused of accepting $150,000 from Young to influence Means to sign with the Tide. Cottrell and Williams lost their jobs after the NCAA's investigation of Alabama, an investigation Cottrell criticizes for relying on unnamed witnesses. The NCAA defends its use of anonymous witnesses, claiming that, because it lacks subpoena power, it must be able to offer anonymity to obtain the information it needs. Fulmer not given anonymity The NCAA intended to grant Fulmer anonymity. Johanningmeier's interview summaries of both conversations state: "Fulmer should be considered a confidential source of information and this memorandum should not be included in any custodial arrangements that could be made in the future with the University of Alabama." But a court forced the NCAA to give Johanningmeier's reports to Young's lawyer, Jim Neal, a former Watergate prosecutor, who subpoenaed the tapes as part of Young's defense. Neal gave copies of Johanningmeier's reports to Gallion. Johanningmeier's reports state Fulmer told him that Tom Culpepper, an Internet recruiting analyst from Birmingham, met Young when the Tide played Michigan in the Orange Bowl in 2001. Young asked Culpepper to drive him from Miami to Memphis after the game. Johanningmeier's report states: "During the trip to Memphis, Young indulged in alcoholic beverages and bragged about how Young had provided inducements to Alabama football student-athletes for former Alabama football coaches Paul 'Bear' Bryant and current Alabama football coach Mike DuBose. According to the source, Young told Culpepper that Young provided benefits to [six Alabama football players, including] Albert Means." On the same day Fulmer gave the information to Johanningmeier, the SEC announced it had closed its investigation of alleged academic fraud at Tennessee. Academic records of 29 Tennessee athletes included 105 grade changes over a five-year period, 1995-99. The SEC said it was satisfied Tennessee thoroughly reviewed the academic fraud allegations and submitted a proper report to the NCAA. Was Alabama targeted? In early 2003, the NCAA said it had closed two other investigations at Tennessee. Those investigations, which lasted two years, involved former quarterback Tee Martin, who, while still a student, allegedly received money from a booster, and former Alabama player Eric Locke, with whom Fulmer had an improper meeting when Locke was thinking of a transfer to Tennessee in 1999. The Vols penalized themselves the loss of two scholarships for the Locke meeting; the NCAA determined the woman who gave Martin the money wasn't a Tennessee booster. In an affidavit, Kenny Smith Sr., father of former Alabama football signee Kenny Smith, said he was interviewed by Johanningmeier and Alabama officials. The NCAA accused Alabama boosters Wendell Smith and Ray Keller of giving Smith and his father $20,000 cash and other improper benefits. Those allegations were part of the NCAA's case against the Crimson Tide. In his affidavit, Smith's father said: "I continued to tell them that Alabama had done nothing wrong. They continued to get me to say they had. I even went so far as to say the only violations committed were committed by the University of Tennessee. . . . Mr. Johanningmeier stated that the NCAA had no interest in any of these violations concerning the University of Tennessee and were only interested in getting the University of Alabama." ______________________________________________________ RollTideFan - The University of Alabama Athletics Discussion List "Welcome to RollTideFan! Wear a cup!" To join or leave the list or to make changes to your subscription visit http://listinfo.rolltidefan.net
