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North Carolina

Davis resists subpoena for personal cell phone records

Posted October 18, 2011
Updated October 19, 2011

Butch Davis

The attorney representing former University of North Carolina head football coach Butch Davis responded Tuesday to the subpoena requesting Davis' phone records and bills in relation to the NCAA investigation into the UNC football program.

Ellis & Winters LLP filed a motion to quash the subpoena and moved for the entry of a protective order. They claim the information in Davis' phone records is no longer relevant in the matter and the phone records sought do not constitute 'public records.'

Davis filed an affidavit to explain his position to the court. In the affidavit Davis states, "During the past year, I have been interviewed by representatives of the NCAA and the University, and had my deposition taken by attorney from the North Carolina Secretary of State's office. None of them found any impropriety on my part." 

Davis noted that the notice of allegations from the NCAA against UNC did not name him and reiterates that he did not have any knowledge of any NCAA violations.

Multiple media outlets, including WRAL News, have sought the release of records from Davis' personal '216' area code cell phone which he had since he worked in Cleveland. Davis says due to the investigation he and his family have had to change their contact information which "has created a tremendous burden."

"The handling of the previous records request has already caused an extreme amount of suffering and harassment," Davis stated in the affidavit.

Stevens Martin Vaughn & Tadych, PLLC, which represents WRAL and other local media, sent Davis a letter on Oct. 12 requesting him to “produce all documents responsive to the subpoena for inspection and copying” by Friday at 10 a.m.

The school released records in June showing only a few calls from Davis' office and university-issued cell phone in 2009 and 2010. Davis said shortly before he was fired in July that he planned to release the records, with numbers for personal calls redacted.

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  • Miltonroadwarrior Oct 21, 10:31 a.m.

    grggaetner07: I appreciate your admission that not all UNC fans are bad. (Now if you could... View More

    — Posted by mountainlover

    Your only flaw in your position is your willingness to walk away from an incomplete investigation. There are actually a great many details that can be ascertained from simply looking at the business numbers that were dialed on Davis' personal cell. That is precisely why our state recognizes these records as public property when they are used to conduct state tax-payer business. But that has been repeated on this comment thread for 25 pages and you still refuse to recognize the point of this law. Until alum and financial supporters start standing up for integrity, the case will remain an open sore. This is not about hatred as much as it is about demanding the same scrutiny and accountability for all citizens in this state, regardless of the shade of blue on their sweater vest and the team of lawyers and government officials who willfully assist them in hiding behind legal nuances.

  • mountainlover Oct 20, 11:08 a.m.

    grggaetner07: I appreciate your admission that not all UNC fans are bad. (Now if you could bother to capitalize UNC as I have capitalized NCSU and will continue to do so.)

    You will not believe me; however, I do care about the integrity of UNC-CH and I care about justice. I am not even defending Davis; I am not a football fan and do not know that much about the man. My agrument is twofold: (1) I am a right to privacy person--to the point of being a "nut case" on it--whether it is Davis' privacy, Coach K's privacy or NCSU's coaches' privacy. I simply feel that it is none of anyone's darn business what is on a person's personal cell phone (and yes, I know what the NCGS say). (2) Unless you get recorded conversations of what Davis talked about, you still will not have hard evidence of wrongdoing when you get those phone records. (Wait, some "typical" NCSU and Duke fans will speculate that they have some hard evidence of wrongdoing but it is all speculative.)

    You make some good points and I too detest some of those UNC fans. There is one in my hometown and I do not like to be around him. However, here is the way that I figure we all change the atmosphere and get away from the hatred mentality and have a relationship like my Dad and I had. Things can only be changed one person at a time. I am not going to be be the "typical" UNC fan that NCSU fans love to hate. I refuse to play a get-even game. I will show the "class" that I want to be shown to me. I will "let things go, because not doing so will only eat me up inside.

  • Miltonroadwarrior Oct 20, 10:24 a.m.

    TBK: For you, perhaps; in your world, anything suspicious relating to UNC-CH leads to a reason... View More

    — Posted by mountainlover

    I am glad that you had such a decent father and had good experiences together. What you may not display individually as a unc fan is not the prevalent tone that we have heard for decades from 'typical' uncch fans. If you are unable or unwilling to see or admit that there have been very public criticism of NCSU's athletics department by the pro-uncch crowd then I will spell it out for you and all others.

    NCSU has not graduated a high percentage of its athletes, especially black male athletes. We have similar academic support staffs. We offer similar majors that should be manageable for an athlete to navigate through to graduation. But we have seen for decades that uncch graduate 80-90% of its black athletes and they have been very critical of NCSU for 'mistreating' our athletes, even accusing NCSU of abusing their athletic gifts for the school's gain.

    Now, we are getting a glimpse of the academic shenanigans at uncch and it only confirms what we have suspected for decades. You cannot rub our collective faces in our lower grad rates for those many years and then expect us to have short memories. This is no simple 'OOPS!' moment. Toss in the fact that many of us lived through the Valvano smear campaign of the late 80s/early 90s (an event that has been used against us for many years) and we want to see the same degree of scrutiny applied to your many scandals.

    What have we seen over the last sixteen months? Any BOG demands for an independent investigation?....no. Any BOG demand that the SBI be included in the investigation?....no. I won't even go into the media smear campaign that slammed us every day for over a year.

    If you truly appreciate uncch, have respect for the rule of law, are concerned about your school's integrity, you would not be arguing about the 216 phone records being released. You would, if you were concerned about justice, demand an immediate release of the data.

  • mountainlover Oct 20, 8:29 a.m.

    TBK: For you, perhaps; in your world, anything suspicious relating to UNC-CH leads to a reason to condemn the university and that makes your your day. Getting those phone records will not prove anything to me; only a recording of the conversations would prove something to me. I shall close by saying that I am thankful that my dad raised me better than some people on this thread. He graduated from NCSU and I graduated from UNC-CH. We cheered for each other until they played each other. When they played each other, we watched the game together in the same room and congratulated the other on a good play. After the game, we had dinner together and laughed and talked with other family members. We pulled for other ACC teams if they remained in tournament play after NCSU and UNC had been eliminated. He once stated that Dean Smith was the best basketball coach ever. I was on the road when I heard that Jim Valvano had died. I cried so hard that I had to pull off the road. To sum it up, I do not understand the hatred of some of you folks where you just cannot let something go. Here is wishing all a good day.

  • TruthBKnown Banned Again02 Oct 20, 7:20 a.m.

    TBK: You are wrong in saying that keeping work calls on a work phone and private calls on a cell... View More

    — Posted by mountainlover

    We'll find out very soon who is wrong and who is right, won't we.

  • Miltonroadwarrior Oct 20, 12:31 a.m.

    Butch is no longer at Carolina! Lets move on............

    — Posted by larrys080

    Carolina has moved on. They put themselves on probation, vacated wins, withdrew scholarships,... View More

    — Posted by rduguyhere

    \

    You have moved on but justice has not been served. Your school has hired an army of lawyers to resist every step of the ncaa investigation. Your ex-coach has now done the same as he tries to hide his phone records. You are obviously unqualified to even comprehend justice so I will gladly open the door for you to leave the conversation. Maybe you majored in Swahili and were never academically challenged so I will overlook your ignorance. However, the pathetic self-administered punishment by the uncch athletic dept will not satisfy those of us who are able to comprehend the magnitude of the scandals.

    If uncch has simply possessed the integrity to open their program to an independent investigative team, we might have moved on to other sports topics. That has not been the case. It is now common knowledge that there has been widespread academic fraud along with blatant disregard for the rules of college athletic recruitment.

    What a pathetic fanbase that includes people who believe what you do. Forget the rules, turn a blind eye to cheating, just win at any cost and accuse those who demand that you abide by the rules of just being jealous. Does that about cover it as a definition of the typical tarheel fan? LOL!

  • Miltonroadwarrior Oct 20, 12:16 a.m.

    Wow....you carolina posters are having a hard time with laws regarding public records. You... View More

    — Posted by Miltonroadwarrior

    Is it difficult to compre

    No, It is not difficult to comprehend. Wouldn't you want to know if... View More

    — Posted by rduguyhere



    I do not have a reason to demand anything from our football program or any other program at... View More

    — Posted by Miltonroadwarrior

    Ummm.... Ding ding ding ding....

    You said: "I do not have a reason to demand anything from our... View More

    — Posted by rduguyhere

    For a coach who was renowned for being a micromanager during his tenure as coach at Miami, I find it preposterous for you Butch fans to believe that he changed his stripes so completely. You are wishing that he knew absolutely nothing about:

    1. the many players who were jetting around the country to sports agent's testing facilities
    2. the many players who were jetting around the country to parties that were sponsored by sports agents.
    3. the sleazy reputation of his friend of 30+ years, John Blake
    4. the mingling of agent runners like Hawkins who, by the way, is also facing legal consequences for being arrested with large quantities of cocaine during a traffic stop....but had unimpeded access to the football program and facilities.
    5. that Jennipher Wiley was helping his players cheat in academics.
    6. that Jennipher Wiley was fired from her athletic dept job as a tutor to athletes before he hired her to 'tutor' his son.

    So your suggestion that Davis was never accused of wrongdoing is a joke. Davis was not CAUGHT in any wrongdoing. Of course, your own university employed compliance officers chose to look the other way when it was obvious that Davis was not using his university supplied phones for four years. HELLO! What is your position with regard to that blatant red flag?

    I find it comical that you ignore this point! How can you claim with a straight face that his personal phone records should be ignored! You are exhibiting the same hypocrisy that the uncch leadership has shown for the last sixteen months of these scandals by ignoring and deflecting attention away from obvious transgressions, ones that your leadership wishes to sweep under the rug. Your act is not to be believed. You have chosen to present yourself as a willful ignoramus as you choose to overlook incredibly obvious facts that can only be revealed by an open and independent investigation. Shame on you.

  • Tom Bombadil Oct 19, 8:02 p.m.

    If you have changed all of your contact information, why would you care if the unredacted... View More

    — Posted by Tom Bombadil

    Again, speculate what he is hiding. Be specific. If you boys are on a hunt, you don't just... View More

    — Posted by GhostofSmitty

    Did you read my post that you commented on? Procuring, paying players, agents endorsements, and diploma mill/cheating are all on the table until the records come out. If he is innocent, he would have no problems releasing the records, but he wont do it. and if unc was innocent, they would want the records out months ago to clear the air. But they lost the records and somehow didnt make copies. I do not think Butch's phone records will necessarily change the punishment UNC gets. That is virtually irrelevant to me...though it seems that anything other than that is irrelevant to you. It may however, reveal UNC athletics for what they have been for decades. CHEATERS! I have inside knowledge of their cheating in the early 1990s. None of this surprises me.

  • cussmikemeout Oct 19, 7:22 p.m.

    Just as I thought another LIBERAL DEMO!!NIXON WAS NOT A CROOK!IF HE HAD BEEN A CROOK THERE WOULD... View More

    — Posted by issmittyfunny

    So, I guess you were infavor of Nixon turning over the Watergate tapes.

  • mountainlover Oct 19, 7:20 p.m.

    TBK: You are wrong in saying that keeping work calls on a work phone and private calls on a cell phone will solve a privacy issue. Also, you obviously have no idea how some state jobs work. One has no control over when a person phones you and most state employees are not going to sit in the office 24-7 to be sure they are there to get that call. There are many cases in which the state employee is required to carry the phone after hours (or have his/her cell available). If that were the case for me, I would use a throw away cell to solve my privacy issue. Second, Davis and Nixon are two entirely different issues and here is why: Nixon had recorded tapes and those tapes told plenty. If Davis' records are released, you have nothing that IS recorded. Third, do I think you have a right to Davis' records? The NCGS say yes. So legally, yes. Ethically, I don't think so. I think you want them because you hate Carolina, not because you want the truth. And just for the record, I would take the same position if this were NCSU's coach on the hotseat or if it were Coach K on the hot seat (and yes, I know Duke is a private school. I am including him for the sake of argument.) Privacy is privacy to me. When you get these records, you will not have anything!

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