Fulmer says subpoena lost among papers

From Staff and Wire Reports

HOOVER, Ala. — After a day of intrigue and denial, Tennessee head coach Phillip Fulmer admitted late Thursday that he had been served a subpoena upon his arrival at the Winfrey Hotel in Hoover, Ala., for SEC Football Media Days.

"I was getting out of the car and was tossed a piece of paper that I picked up, stuck it in with a whole bunch of things that I had been reading on my way in from the airport and handed it to (UT associate sports information director for media relations) Bud Ford to put in his briefcase and forgot about it," Fulmer said in a press release issued by the university.

"(Then) I got a bunch of questions (from the media) about a subpoena that I hadn't seen. I wasn't expecting a subpoena, but maybe every time I go to Birmingham, I probably will be expecting a subpoena. As it turns out it's some sort of subpoena to do something, and I will let the attorneys all handle that. The issue is it's all crap and they are trying to use the press trying to use a day that's very special to the Southeastern Conference for players and the coaches."

On Thursday morning, lawyers for a former Alabama football booster said they had staked out the annual SEC football media days and served Fulmer with a subpoena to testify about a lawsuit against the NCAA.

Fulmer repeatedly denied that he'd been given anything. But the scene was much like the one he tried to avoid four years ago when he refused to come to the event in suburban Birmingham and spoke only by phone, incurring a $10,000 fine from the league.

A process server hired by lawyers for Wendell Smith of Chattanooga approached Fulmer as he stepped from an SUV outside the suburban hotel where SEC media days is being held, said Brandon Blankenship, an attorney for Smith.

"He said, 'Coach Fulmer, I've got something for you,' and gave it to him," said Blankenship, of Birmingham.

Fulmer denied it.

"I have not seen a subpoena," he said. "This is not the place for that kind of thing. The great fans that are very passionate about the Southeastern Conference aren't interested in that kind of B.S."

He deflected a further question about the subpoena, saying, "I'm not going to talk about it."

For most of the afternoon, all that was known was that a subpoena for Fulmer had been issued. It wasn't until after he met with media to deny being served and made but an appearance as part of media days that Fulmer found the legal document among papers Ford had been carrying for him.

Attorneys have been seeking Fulmer's sworn statements in a lawsuit filed by Smith, a former Alabama booster, against the NCAA. A clerk in Jackson County confirmed to The Associated Press that the subpoena was issued Wednesday.

The clerk said Fulmer was ordered to appear to give a deposition on Sept. 25 in Birmingham. The date is two days before Tennessee plays at Auburn; Blankenship said they picked it because they knew Fulmer would be in Alabama.

"Because they can't win legally, they are trying to play the game in the press," Fulmer said in the statement. "I am more than a little PO'd about any part of that. It's sad that a few publicity hunting lawyers in one of our sister states want to keep open a chapter of history that has long since been closed and as far as I'm concerned will stay closed.

"Obviously, this is an effort to distract our football team or distract me in some way. The last time this happened, we won the division with two freshman quarterbacks. We won't be distracted. I had a good conversation with the (SEC) commissioner (Mike Slive) about it."

Fulmer participated in SEC media days by telephone from Tennessee four years ago. That move let him avoid coming to Alabama and possibly being forced to testify in another case involving an NCAA investigation of the Crimson Tide.

Tennessee appealed after Fulmer was fined $10,000 for failing to show up in 2004, but the league denied the challenge.

Blankenship said Fulmer didn't try to avoid the latest subpoena.

"He wasn't dodging us because I don't think he knew we were trying to serve him," said Blankenship. "We had hoped we could get him last night before (Fulmer's part in) media days began, but this was the best we could do."

Smith is suing the NCAA for defamation, claiming the organization and several members of the infractions committee slandered him in accusing him of violating NCAA rules.

Alabama disassociated Smith as a booster after the sanctioning body accused him of providing money to a high school recruit. Smith denied the allegation and questioned Fulmer's role as a source for the NCAA during its investigation of the Alabama football program.

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