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AP
HOOVER, Ala. - Lawyers for a former Alabama football booster said they staked out the Southeastern Conference football media event Thursday and served Tennessee coach Phillip Fulmer with a subpoena to testify about a lawsuit against the NCAA.
Fulmer initially denied seeing a subpoena, but later said he was given a piece of paper and didn’t realize what it was.
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 took part by phone, incurring a $10,000 fine from the league.
A process server hired by lawyers for Wendell Smith of Chattanooga, Tenn., approached Fulmer as he stepped out of an SUV outside the suburban hotel where SEC holds its media days, 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 was not happy about answering questions from reporters about possibly being subpoenaed.
“I have not seen a subpoena,” Fulmer 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.
“And I would have some other choice words if there weren’t so many cameras in here.”
In a statement later in the day, Fulmer acknowledged receiving “a piece of paper.”
“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 (media relations official) Bud Ford to put in his briefcase and forgot about it,” the statement said.
He said he will let his lawyers handle the subpoena.
Fulmer also said he won’t let the flap distract him or the team and added, “About being in Birmingham, I wasn’t trying to mislead anybody. I hadn’t looked at anything.”
A judge may have to decide whether Fulmer actually received the subpoena.
“I’m confident the evidence will prove he was served,” said Blankenship.
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.
By participating in SEC media days by telephone from Tennessee four years ago, Fulmer avoided 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.
Miami coach Al Golden says the worst is behind him, but his headaches figure to continue now that former booster Nevin Shapiro, now in jail, says his involvement with the Hurricanes program will result in stiff penalties.
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