A lawyer for former University of North Carolina football coach Butch Davis has filed papers in Orange County Court requesting that a subpoena for Davis’ cell phone records be quashed.
A media coalition led by The News & Observer and The Charlotte Observer subpoenaed records of calls from Davis’ “personal” cell phone because Davis used it to make business calls while employed by UNC.
Davis’ lawyer, Jon Sasser of Ellis & Winters LLP, wants a judge to quash the subpoena and enter a protective order, calling the subpoena “unduly burdensome, unreasonable and oppressive.”
Sasser argues that the subpoena seeks production of information that is no longer relevant in the case and that the phone records sought do not constitute a public record.
In May, Wake County Judge Howard Manning Jr. granted the media coalition’s request for UNC turn over phone records of Davis, former associate head coach John Blake and athletic director Dick Baddour.
The media coalition later subpoenaed Davis’ “personal” cell phone records. Communications conducted on behalf of a public entity on personal phones are not exempted from public review under the North Carolina public records law.
In an affidavit, Davis said the media’s handling of previous records requests has caused “an extreme amount of suffering and embarrassment” for him. He objected to his home address – albeit his former address – appearing in court papers that were posted online by media outlets.
He also said that in June of 2011, after UNC “produced certain records,” someone revealed his cell phone number to “unscrupulous individuals.” He said the same thing happened to the cell phone numbers of his teen-age son and wife.
Davis said his family received unsolicited calls from media outlets and “crank calls” from fans of other college football programs. According to his affidavit, Davis and his family were forced to change their contact information.
“As a former NFL head coach, and head coach of two college teams, I am well aware of the intense scrutiny directed at my profession,” Davis said in the affidavit. “However, as a private citizen, I also believe that I have a right to protect my own privacy as well as a duty to protect the privacy of my family, friends and business associates.”
Before he was fired in July, Davis had said he would produce records of his business calls with personal calls redacted for the media. He has not released those records.
In his affidavit, Davis offered to have Manning or another person he designates review Davis’ unredacted records if Manning won’t quash the subpoena.
“I would also be happy to meet privately with the court or its designee to answer any questions that the court may have about the records, or any particular phone number, in order to address this request,” Davis said. “Again, I have nothing to hide, other than the protection of my privacy as well as the privacy of others.”
The media have been seeking records of Davis’ calls as a result of the NCAA’s investigation of UNC’s football program. The probe of academic fraud and impermissible benefits resulted in 14 players missing at least one game and seven players missing the entire season in 2010.
UNC was cited with nine major violations by the NCAA and has self-imposed sanctions including two years of probation, the vacating of a total of 16 wins from the 2008 and 2009 season, and the cutting of three football scholarships for the next three seasons.
Comments
Funniest Thing
Wed, 10/19/2011 - 11:09 — YAR8packThe funniest thing is that ol' Butchy and his family kept the same phone numbers even after all of this started going down. What a bunch of dunces. HELLO! How do you not know the Lunatic Fringe loves to prank call people?
This will all probably get bound up in legal tape for some time. However, it would seem if the man in question concerning the 216 records were so squeaky clean as some of the "sheeple" on here unfoundly claim, he would want all evidence out that would prove his innocence. Stonewalling only adds suspicion, thus why we have nothing but empty blogosphere conjecture.
Come clean, Butch. This is America. A place were you're rewarded when you %@#^ up.
Unduly burdensome, unreasonable and oppressive
Tue, 10/18/2011 - 22:01 — gvillegatrCouldn't agree more and I'd like to think I'd agree if this was someone I didn't care about as long as it wasn't "life" related.
If he was still the coach at UNC, I wouldn't feel this way. Butch even agrees as he was ready to give it up ... Until he was fired. Fast forward to the present and he's still willing to do it, but in a private manner. He says he'd answer any questions as well as talk about any phOne number.
That's more than reasonable.
The law is the law.
Tue, 10/18/2011 - 23:31 — danofncThe law is the law.
and due process...
Wed, 10/19/2011 - 18:59 — UNC1998is exactly that. I fully expect Davis to fight this subpoena at every available opportunity. I personally do not blame him. Realize also that have no real feelings about him, as he is no longer employed at my alma mater. I'm not expert enough to say whether or not his phone records see the light of day. My best guess is it will be somewhere in the middle.
BTW, if what he claims is true with regards to opponents fans calling his family and friends, business associates, etc... There are some real stupid opponent fans out there. What is to be acheived by that behavior? Maybe I'm too old, staid, or level headed to understand.
UNC paid for him to have a
Wed, 10/19/2011 - 23:14 — danofncUNC paid for him to have a phone. If he had used it for work, he wouldn't have these issues.
3 to 1
Wed, 10/19/2011 - 09:11 — gvillegatrHis personal and private phone records never see the light of day outside of the private get together.
So you think the judge is
Wed, 10/19/2011 - 09:59 — danofncSo you think the judge is going to ignore NC law because Butch claims his feelings are hurt?
If Butch hadn't made business calls on the phone, we wouldn't know it exists. Since he did, state law says that it is open to public records requests.
I still think that he was fired over the 216 records. He had 100% support from UNC administration until he said he was about to release those records.
not to mention
Wed, 10/19/2011 - 11:31 — gvillegatrthe "private get together" in the judges chambers along with Butch answering whatever questions are asked about phone numbers is apparently still a win/win.
I'm just so sorry it doesn't benfit you and your day to day duties. I guess you feel like you ought to be involved in this as well ?! It will be your poor feelings, in the end, which is hurt.
The judge looking at the
Wed, 10/19/2011 - 12:26 — danofncThe judge looking at the records serves no purpose whatsoever. None.
seriously ?
Wed, 10/19/2011 - 11:28 — gvillegatrit's funny bc you and the rest of the wuffies think everything is so 'cut and dry' when it comes to your benefit. It's always more complicated when it doesn't benefit you.
Butch and his lawyer will have this tied up in court till it gets dropped. The folks who back Butch have pockets too.
It's cut and dry because the
Wed, 10/19/2011 - 12:24 — danofncIt's cut and dry because the law is clear.
Some things are more complicated, even though I don't know any specific situation that you'd be talking about.
I don't think this will be dropped. Every delay tactic makes it more likely that there is actually something worth finding in the records.