Tennessee: Fulmer denies seeing subpoena

Thursday, July 24, 2008


By:
Darren Epps

HOOVER, Ala. — Tennessee coach Phillip Fulmer denied seeing a subpoena today despite the claims of two lawyers involved with former Chattanooga car dealer Wendell Smith’s case against the NCAA.

“You know, a couple of guys have asked me about that, and I haven’t seen anything like that,” Fulmer said. “We spent, three or four years ago, time putting up with all that BS that had nothing to do with football in the Southeastern Conference and darn if I’m going to start it again if I don’t have to. Somebody is just screwing around.”

Staff File Photo by Angela Lewis
Coach Phillip Fulmer denies seeing a subpoena today, though two lawyers involved with a former Chattanooga car dealer say otherwise.

Not true, said lawyer Chris Linton of the Blankenship, Harrelson & Wollitz firm that served the subpoena Thursday morning. He said the subpoena was served while Fulmer was in an SUV outside of the Wynfrey Hotel, site of SEC Media Days. He said the act is on video tape.

The subpoena, obtained by the Chattanooga Times Free Press, states: “You are ordered to appear to give testimony before the court or by deposition; and/or produce and permit inspection and copying of books, documents, or tangible things; and/or permit inspection of premises as stated below until otherwise excused. Failure to obey this subpoena may be deemed a contempt of court from which the subpoena was issued.”

The subpoena requests Fulmer be deposed Sept. 25 at the Birmingham firm of Blankenship, Harrelson & Wollitz. Tennessee plays Auburn two days later.

Asked if he could give a deposition during football season, Fulmer shook his head.

“You’re talking hypothetical stuff, and if you don’t want to talk about my team, this interview is over,” Fulmer said.

In the deposition, Blankenship said Smith and the legal team “want to address what role (Fulmer) played in cooperating — or I believe the legal term is conspiring — with the NCAA” to damage Smith’s reputation.

For complete coverage, see tomorrow’s Chattanooga Times Free Press.

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