Court of Appeals denies UNC’s request for stay of records release (9:40 update — UNC to release records as early as Thursday)

UNC Scandal37

Full story.

ABC11 and other media organizations sued for access to the records – including unredacted phone records of UNC’s athletic director Dick Baddour, head football coach Butch Davis and former assistant coach John Blake.

Court of Appeals Order.

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9:40 Update: Multiple sources are now saying that UNC plans to release the records, possibly as early as tomorrow.

UNC Scandal

37 Responses to Court of Appeals denies UNC’s request for stay of records release (9:40 update — UNC to release records as early as Thursday)

  1. TruthBKnown Returns 06/15/2011 at 4:56 PM #

    How sweet it is!!!

    Part of me wonders if anyone would still try to sweep something under the rug. But I tend to think that is unlikely. Because any UNX employee caught NOT honoring a court order would likely be charged with a crime (contempt of court?) At this point, only NCAA rules have been broken. Who in their right might would risk violating STATE law just to protect a corrupt athletics department?

  2. TruthBKnown Returns 06/15/2011 at 4:59 PM #

    While I like the thoughts of UNX officials being forced to come down from their ivory towers and “opening the books”, and I also like that Butch’s phone records will become publicly available, I don’t think he was dumb enough to use official phones to make any illegal calls or send illegal texts.

    I would like to know if this information has already been viewed by the NCAA during their investigation, though. I mean, could this help them find MORE to investigate? Or is this just a matter of opening the PUBLIC’S eyes to what has been going on in that fine institution on the hill?

  3. packalum44 06/15/2011 at 5:10 PM #

    Any lawyers out there?

    What is UNC’s next step? Will they be able to keep appealing??? If not, who’s to say they say F it and keep holding them…till Kingdom Come?

  4. TheCOWDOG 06/15/2011 at 5:46 PM #

    No way the NCAA was prepared to send the NoA until the NC courts ruled on docs that they had no legal power to obtain.

    Correct?

  5. McPete 06/15/2011 at 5:50 PM #

    Cowdog,
    they must have had those documents already (parking tickets) if they wanted them. It’s one thing for UNC to tell the media to shove off, but they certainly aren’t dumb enough to obstruct the NCAA’s investigation. Assuming the NCAA thought the tickets could be useful.

  6. TruthBKnown Returns 06/15/2011 at 5:51 PM #

    TheCOWDOG, I like to think they were waiting for this.

    But like I asked earlier, is it possible that UNX cooperated fully with the NCAA and gave them all these records, knowing the NCAA would keep them private?

    I mean, can more “investigation prongs” come of this, or does UNX just not want to take yet another black eye when the public sees their dirty laundry?

  7. highstick 06/15/2011 at 6:35 PM #

    Interesting…was just reading this on PackPride…Either there’s nothing there or they are the most arrogant/stupid folks in charge over there that ever ran an athletic department. It’s hard to believe there is someone more arrogant that Lane Kiffin, but maybe there is!

  8. Packfan28 06/15/2011 at 6:42 PM #

    Nothing to get excited about here. They will just appeal to the NC Supreme Court next. That will kill another 6 months minimum.

  9. Gowolves 06/15/2011 at 6:47 PM #

    I have to believe they have shredded anything that is incriminating. Hope not but who would know any different?

  10. TAEdisonHokie 06/15/2011 at 7:13 PM #

    Gowolves – They may very well have shredded certain documents but that will leave suspicious gaps in the chronological record. Additionally, there will be references made in surviving records that refer to the missing documents and that will also attract a lot of attention. They may have redacted certain portions of the records, but that will also cause a smart investigator to look elsewhere for the missing information. If UNC is smart, they’ll just hand over their entire set of records. But, based on the idiocy they’ve demonstrated over the past year or two, that may be assuming too much.

  11. blpack 06/15/2011 at 7:16 PM #

    Liberty and justice for all. If only the holes really believed in such.

  12. WV Wolf 06/15/2011 at 7:51 PM #

    What kills me is how UNC-CH keeps talking about how they have cooperated fully but yet it’s been nothing but appeal after appeal and refusal after refusal to turn over records.

  13. HPWolf 06/15/2011 at 9:17 PM #

    One step closer to Rome burning.
    I guess the holes are finding out that maybe they aren’t untouchable. You reckon they are starting to get just a little bit nervous.

  14. gotohe11carolina 06/15/2011 at 9:29 PM #

    since the ncaa doesn’t have subpoena power I would say that it is likely that they haven’t seen the records that will be released. that said, i wouldn’t expect there to be much in there. certainly nothing directly incriminating. its not usual for a higher court to break from precedent already set (OSU or the lower courts ruling) unless they find something that actually violates the students’ or the universities’ rights about the ruling,since it will apply to all future questions about FERPA, so i doubt that they would even hear a case to try and stay the release. while i would suspect they will find some abnormally nice cars being registered in athletes names the evidence will be very circumstantial and i’m not sure what the burden of proof is for the ncaa. on the bright side though, they’re will be enough proof for the court of public opinion which is what really got tressel run.
    beyond that car titles are a matter of public record so assuming you can find out what athlete drives what you can get a document with all information necessary to know when at to whom the vehicles are registered. but i’m sure any media outlet doing due diligence would have looked at that (rolls eyes)

  15. tann84 06/15/2011 at 9:32 PM #

    It would be funny if nothing is there. But then why waste all this time and money keeping it from public eye if nothing is there? It would be the biggest head scratcher ever. Why drag this thing out if you have nothing to hide? The only logic answer is that they were protecting themselves from damaging information. I guess we’ll find out thursday what that info is.

  16. Lunatic Fringe 06/15/2011 at 9:44 PM #

    WV – It is not just the records. It seemed like every time they received a player suspension that there was a mandatory appeal they put in to the NCAA.

  17. Sweet jumper 06/15/2011 at 10:20 PM #

    The carowhina way–cheat, deny, appeal

  18. rtpack24 06/15/2011 at 10:33 PM #

    Parking tickets are the key. However, since they have control over this if they release anything it will be extremely watered down.

  19. MattN 06/15/2011 at 10:44 PM #

    This should be fun 🙂

  20. StateFans 06/15/2011 at 11:43 PM #

    REPEAT:

    “What kills me is how UNC-CH keeps talking about how they have cooperated fully but yet it’s been nothing but appeal after appeal and refusal after refusal to turn over records.”

  21. JSRy2k 06/16/2011 at 12:35 AM #

    That wolf eating popcorn cracks me up no matter how many times you post it. So is this a comedy, drama or even a horror flick?

  22. VaWolf82 06/16/2011 at 7:46 AM #

    since the ncaa doesn’t have subpoena power I would say that it is likely that they haven’t seen the records that will be released

    I suspect that you are wrong.

    Since the NCAA doesn’t have subpoena power, there is alot of info that they can’t get from John Blake. However, if UNC doesn’t willingly turn over anything that the NCAA asks for, then they get hit with the “not cooperating” tag and the penalities go up.

    Just because UNC is not cooperating with the press, this doesn’t mean that they haven’t been cooperating with the NCAA. These are two completely different things.

  23. baxter 06/16/2011 at 8:23 AM #

    ^ 82 has the crux of it.

  24. Pack1997 06/16/2011 at 8:44 AM #

    VA is right. Furthermore, all records must be kept for 7 years by State law. If it comes to light they destroyed records, they would be highly fined and people involved would be prosecuted. As for the Parking Tickets, they cannot be watered down. They have to be presented just as they were written. Certain items by law have to be in there, like year make model, license plate # and parking tag # if they had one. Since that money goes to the State and the n is redistributed, UNC CH has very little control over the information when writing the ticket.

  25. tann84 06/16/2011 at 8:49 AM #

    So the biggest question becomes, did the NCAA even ask for this information?

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