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. GAWolf 06/16/2011 at 9:12 AM #

    Who says the NCAA needs any of these records to drop the hammer? The mere excuse of lack of knowledge states lack of institutional control.

    I’m hearing that the release of the records will likely not mean much to the investigation, either they’ve already been seen by those that matter OR they won’t make a difference anyway, and that is NOT… NOT… a good thing for UNC.

  2. PackisRolling 06/16/2011 at 9:14 AM #

    “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.”

    ^VAWOlf

    This is the piece I think people are ignoring.

  3. PackManSJP 06/16/2011 at 9:57 AM #

    The documents have been released.

  4. highstick 06/16/2011 at 9:57 AM #

    “The mere excuse of lack of knowledge states lack of institutional control. ”

    “I don’t know” never did hold water in an academic setting and I sure don’t understand how it could hold water when you were supposed to have control systems in place so THAT YOU DID KNOW.

    If that’s not LOIC, it must not be much of a control system. In an audit, we have to assess risk, evaluate controls, and the lack of adequate internal controls means “something really bad”. Not necessarily that you did anything wrong, but that you don’t have a control system that would detect issues that may or may not have occurred…

  5. TruthBKnown Returns 06/16/2011 at 10:16 AM #

    Here’s what I think we can expect:

    Best-case: Some really bad stuff is in these records that justify the “delusional ABC’ers” cries of foul play.

    Worst-case: Nothing bad is in these records. People will ask why they fought so hard to keep the docs private, and they will say they really WERE concerned about FERPA. It will give them some credibility in the eyes of an objective observer.

    Expected-case: Something in the middle. Nothing truly incriminating in there, but still questionable. Anyone complaining about something will be labeled a “hater”. Anyone defending the records will be labeled a “homer”. Status Quo is maintained. Same “Stuff”, Different Day.

    I will always have my doubts about what they may have covered up. I don’t even care if NOTHING bad is found. I just want 100% of these records released so the rest of us can KNOW nothing bad is in there. But a part of me will wonder if some records were “lost” at some point. They’ve had plenty of time to sanitize these docs if they wish, and I don’t trust them to come clean if there’s something very bad in there.

    But we shall see…

  6. Prowling Woofie 06/16/2011 at 10:49 AM #

    So, they’ve released some info regarding the parking tickets for three years for 11 players, totaling 395 citations at over $13K in fines:

    http://blogs.newsobserver.com/accnow/unc-releases-phone-records-parking-tickets#comment-224333

    Can license plate numbers be entered into the DMV site and make/model/year car info revealed ? I see listings for Lincolns, Land Rovers, Nissans, BMW’s…

  7. wolffpride 06/16/2011 at 12:20 PM #

    Look what happened to OSU when the documents were released publicly. All that info about Pryor and the cars came out. Not to mention the findings that 28 total players had been guilty of trading or selling memorabilia since 2002. The NCAA’s investigative powers are weak at best. Turn journalists loose and they will create a circus. If there is something, they will find it.

  8. GAWolf 06/16/2011 at 12:39 PM #

    “Running Tags.” Sometimes, an officer will decide to “run” a vehicle’s “tag” – that is, run a computer check to determine whether the license plate on the vehicle is current and matches the vehicle, and perhaps whether the vehicle is registered to a person with outstanding warrants or who is not permitted to drive. When this is done randomly, without individualized suspicion, defendants sometimes argue that the officer has conducted an illegal search by running the tag. Courts have uniformly rejected this argument, finding that license plates are open to public view. See, e.g., State v. Chambers, 2010 WL 1287068 (N.C. Ct. App. April 6, 2010) (unpublished) (“Defendant’s license tag was displayed, as required by North Carolina law, on the back of his vehicle for all of society to view. Therefore, defendant did not have a subjective or objective reasonable expectation of privacy in his license tag. As such, the officer’s actions did not constitute a search under the Fourth Amendment.”);

    http://www.sog.unc.edu/sites/www.sog.unc.edu/files/WeltyTrafficStops.pdf

    From the Court of Appeals Unpublished opinion page, the pertinent part of the holding in Chambers is:

    “Here, the arresting officer ran defendant’s license tag
    through the Division of Criminal Information and the DMV for
    violations and warrants. Defendant’s license tag was displayed, as
    required by North Carolina law, on the back of his vehicle for all
    of society to view. Therefore, defendant did not have a subjective
    or objective reasonable expectation of privacy in his license tag.
    As such, the officer’s actions did not constitute a search under
    the Fourth Amendment. See id.”

  9. GAWolf 06/16/2011 at 12:41 PM #

    There are two more words that I think are applicable with the partial compliance with the directive of the Order:

    Show. Cause.

    As a friend just emailed me, “they’re playing with fire.”

  11. travelwolf 06/16/2011 at 3:54 PM #

    I’m just afraid that Butch will be let go… gee, a 4-0 record against a Carolina team with more talent is sweet – wouldn’t want to change that!

  12. TruthBKnown Returns 06/16/2011 at 4:57 PM #

    travelwolf, I would. Because the way Butch recruits, at some point that talent WOULD begin to pay off. I want him gone, and I make no bones about it. I also think he DESERVES to be shown the door because of the way he has been running his program.

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