HOOVER, Ala. — Tennessee coach Phillip Fulmer’s attorney said Thursday evening that Fulmer found the subpoena given to him earlier in the day and the act was “a publicity stunt and a sorry one.”

A process server for the law firm of Blankenship, Harrelson & Wollitz, LLC, gave Fulmer the subpoena Thursday morning to testify in former Chattanooga car dealer Wendell Smith’s long-standing lawsuit against the NCAA. Fulmer repeatedly denied getting the subpoena when he addressed reporters at SEC Media Days.

“Phillip was getting out of the SUV with the sports information guys and somebody, not an official-looking person, threw something at him and it hit the ground,” said Jeff Hagood, Fulmer’s attorney. “Phillip picked it up and put it in a pile of papers with (UT sports information director) Bud Ford. It’s not uncommon for him to get things. He goes to meet the radio folks, as I understand it, without knowing what it was.”

In a statement released Thursday night by the University of Tennessee from the Davidson County All-Sports picnic, Fulmer repeated Hagood’s version of the story and lashed out at Smith’s attorneys.

“I wasn’t expecting a subpoena, but maybe every time I go to Birmingham I probably will be expecting a subpoena,” Fulmer said in the statement. “As it turns out, it’s some sort of subpoena to do something, and I will let the attorneys all handle that.”

Contending that the issue has no merit, he added, “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.”

In a room full of print media earlier in the day, Fulmer tersely answered one question about the subpoena and waved off another one.

The Associated Press
Tennessee coach Phillip Fulmer speaks to the media at the SEC football media days in Hoover, Ala. on Thursday, July 24, 2008. Fulmer was given a subpoena in the Wendell Smith case when he arrived at the Wynfrey hotel.

In the scheduled deposition, lawyer Brandon 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. Smith is suing the NCAA for defamation.

Smith was accused of providing North Jackson High School’s Kenny Smith (no relation) with $20,000 to play football at Alabama. Kenny Smith signed with Alabama but didn’t qualify academically. He was briefly on the 1998 Tennessee team.

The subpoena requests Fulmer be deposed Sept. 25 at the Birmingham firm’s offices. Chris Linton, another member of the firm, said they chose the date because Tennessee plays at Auburn two days later.

“We want (Fulmer’s) testimony because of his knowledge of Kenny Smith,” Linton said. “He knows what was going on.”

In 2004, the SEC fined Tennessee $10,000 when Fulmer skipped media days after attorneys for former Alabama assistant coaches Ronnie Cottrell and Ivy Williams threatened to serve him a subpoena. At the time, Fulmer said he wanted to avoid a “circus.” Four years later, that’s basically what he got.

Asked if the method of throwing a subpoena at someone’s feet was normal, Hagood laughed and said, “No.”

“If I hadn’t experienced this four years ago in Alabama, I’d be totally shocked,” Hagood said. “Some lawyer is trying to hijack a day that should be about the student-athletes. This has nothing to do with Phillip Fulmer and it’s a chapter that ought to be closed. There are several things we can do. I’ll deal with it.”

Fulmer said he was “more than a little” irritated about the situation.

“Because they can’t win legally, they are trying to play the game in the press,” Fulmer said in the released statement. “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.”

Comments