Tuesday, October 18, 2011

Davis fights subpoena for phone records

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.

Ken Tysiac

12 comments:

Anonymous said...

Why does the Charlotte Observer need Davis' phone records? Seriously.. WTF are you going to do with them?

Anonymous said...

He used his private phone to make business phone calls. It may also be proof that he Teflon Butch may have actually known what Black Santa was up to.

David said...

If he truly had nothing to hide, he would not be fighting so hard to keep from releasing the records. Releasing them will destroy what credibility he thinks he has left.

Anonymous said...

Would you release your personal phone records to a news paper? I think not.

Anonymous said...

Get a life Charlotte Observer.

Bill Smith said...

Maybe he has some calls on there to his boyfriend....

Les said...

good for him. absolutely no cause for him to release them now. screw the press!

Anonymous said...

Observer/N&O want 1st Amendment free press and right to info, yet disagree when BD seeks to protect the privacy guaranteed to him as an individual under the very same Bill of Rights...interesting!

Bill Smith said...

They should go after Sally Saxons or some of Charlottes biggesy banking, real estate, medical, and construction whigs phone records, but we all know they have been tolf not to...

Anonymous said...

Throw this crook in jail if he doesn't comply. And how is this not LOIC if UNC didn't monitor BD's phone call activity since he only made 4 calls during a four year period using UNC's official phone?

Anonymous said...

UNC-CHeat continues to be the most corrupt athletics and academic entities within the NCAA. CONgratulations cheaters!

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