banner
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.

242 Comments

Please to add a comment.

Oldest First
View all
  • Miltonroadwarrior Oct 21, 2011

    View quoted thread



    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, 2011

    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, 2011

    View quoted thread



    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, 2011

    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, 2011

    View quoted thread



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

  • Miltonroadwarrior Oct 20, 2011

    View quoted thread

    \

    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, 2011

    View quoted thread



    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, 2011

    View quoted thread


    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, 2011

    View quoted thread

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

  • mountainlover Oct 19, 2011

    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!

More...

 

 

  • NASCAR: Folds of Honor 500 in Atlanta

    Today at 1:00 pm on FOX50

  • AAC: SMU at UConn

    Today at 2:00 pm on WRAL-TV

  • Big Ten: Michigan State at Wisconsin

    Today at 4:00 pm on WRAL-TV

  • ACC: Wake Forest at Duke

    Tomorrow at 8:00 pm on WRAL-TV

  • NBA: LA Clippers at Chicago

    Today at 1:00 pm on 99.9 The Fan

  • Big Ten: Michigan State at Wisconsin

    Today at 4:00 pm on 99.9 The Fan

  • NHL Hurricanes at Chicago

    Tomorrow at 8:30 pm on 99.9 The Fan

  • ACC: NC State at Clemson

    Tuesday at 9:00 pm on WRAL-FM

Scoreboard
Local
Final
UCF 66
ECU 71
Final
BC 79
NCSU 63
Final
MIAMI 64
UNC 73
Final
NCCU 72
COOK 49
 
Final
NYI 3
CAR 5
Final
DUKE 73
SYR 54
6:00pm Tonight
ORL
CHA
 
1:05pm Today
PHI
UTA
 
Final
WAS 99
DET 95
Final
MIA 91
ATL 93
Final
NYK 103
TOR 98
Final
MIN 97
MEM 101
Final
DAL 94
BRK 104
Final
UTA 82
MIL 75
Final
PHO 74
SAN 101
1:00pm Today
CHI
LAC
 
3:30pm Today
HOU
CLE
 
6:00pm Tonight
ORL
CHA
 
6:00pm Tonight
BOS
GSW
 
6:00pm Tonight
IND
PHI
 
6:00pm Tonight
SAC
POR
 
6:30pm Tonight
LAL
OKC
 
8:00pm Tonight
DEN
NOP
 
Final
LIP 94
KNST 75
 
Final
GHND 47
NAVY 57
 
Final
LAF 74
ARMY 64
 
Final
AMER 69
BUCK 71
 
Final
UCF 66
ECU 71
Final
STJ 81
GEOR 70
Final
CLEM 70
GT 63
Final
COL 61
LEH 55
 
Final
FSU 59
LOU 81
Final
MD 66
MICH 56
Final
UGA 68
MIZZ 44
Final
BC 79
NCSU 63
Final
LAS 56
RIU 59
Final
UNH 65
MAINE 56
 
Final
IUPUI 80
NEOM 87
 
Final
WINT 80
PBY 53
 
Final
VMI 69
SAMF 80
 
Final
CITA 54
WCU 67
 
Final
DEP 53
BUT 67
Final
LONG 70
CAMP 65
 
Final
TULA 47
CIN 63
Final
VCU 55
DAY 59
Final
TOWS 60
DEL 65
 
Final
WMARY 66
DREX 80
 
Final
JVU 75
FLGC 67
 
Final
EVAN 67
ILLST 69
 
Final
BRAD 52
INDST 60
 
Final
MIAMI 64
UNC 73
Final
WICHS 74
NIOWA 60
Final
UWGB 83
OU 63
 
Final
LSU 73
MISS 63
Final
OKLA 67
TCU 60
Final
BING 76
UMBC 69
 
Final
AFA 60
UTST 74
Final
GTDNS 79
VERM 73
 
Final
XAV 66
VILL 78
Final
MNTER 74
WAGN 64
 
Final
ILLCH 61
WRST 46
 
Final
YALE 90
SARAHLAW 55
 
Final
UAB 100
MTST 95
Final
NDAK 65
SUTAH 71
 
Final
LIB 77
UNCA 95
 
Final
CHIST 65
WLVRN 44
 
Final
UMO 57
BGU 62
 
Final
SHU 84
LIU 73
 
Final
APP 66
LAMON 43
 
Final
VANDY 73
ALA 66
Final
KENT 84
ARK 67
Final
NCCU 72
COOK 49
 
Final
MRGST 77
COPST 88
 
Final
SHU 67
CREI 66
Final
BONA 92
DUQ 75
Final
MERC 69
ETST 64
 
Final
UMASS 82
FORD 74
Final
RAD 72
GWEBB 62
 
Final
JMU 82
HOF 73
 
Final
BU 70
HC 77
 
Final
KYST 70
ISU 69
Final
DELST 65
MDES 69
 
Final
LOYC 65
MIZST 51
 
Final
IDAHO 80
MNTST 73
 
Final
MCNST 83
NICST 78
 
Final
TTU 63
OKST 62
Final
PORT 66
SDU 78
 
Final
BRY 61
Terriers 51
 
Final
RMU 71
RFLSH 70
 
Final
UVA 69
VT 57
Final
BAY 78
WVU 66
Final
FUR 60
WOFF 62
 
Final
SILL 63
DRAK 57
 
Final
FD 73
CCST 66
 
Final
WMICH 80
EMICH 72
 
Final
CSOU 97
HIGH 93
 
Final
UNCG 58
CHAT 61
 
Final
SD 80
SDKST 64
 
Final
CARK 74
SELA 72
 
Final
KU 69
TEX 64
Final
EWASH 76
MONT 77
 
Final
TROY 64
UGST 75
 
Final
TXST 70
ARKST 60
 
Final
UNT 57
ODU 70
Final
CORN 45
DART 56
 
Final
NCAT 77
FAM 65
 
Final
PSU 77
IOWA 81
Final
MORE 87
JVST 55
 
Final
PEPP 65
LMU 49
 
Final
SCAR 81
MSST 68
Final
BRO 62
PRIN 80
 
Final
NEV 62
SJST 51
Final
SCST 57
SAV 68
 
Final
BEL 88
TENST 62
 
Final
UF 66
TENN 49
Final
ALAST 49
TXSOU 58
 
Final
SOUTH 71
ALCOR 63
 
Final
JST 73
MVSU 49
 
Final
SEMIZ 89
PEAY 65
 
Final
TOL 70
BST 59
 
Final
KSU 65
BUF 71
 
Final
LBSU 70
CSFU 47
 
Final
MARS 79
FATL 63
Final
STLU 50
GMAS 78
Final
DAVID 77
GWU 66
Final
CLMB 70
HARV 80
 
Final
LAM 79
INCWORD 66
 
Final
YOUNG 74
UWMIL 82
 
Final
ELON 74
UNCW 55
 
Final
ILL 86
NW 60
Final
YALE 55
PENN 50
 
Final
STJOE 57
RICH 63
Final
UNF 86
STET 71
 
Final
HART 59
USB 74
 
Final
DUKE 73
SYR 54
Final
EKENT 70
TENT 67
 
Final
LATU 76
TXSA 66
Final
NKENTUCKY 84
USCU 65
 
Final
MAST 84
WILL 64
 
Final
UMKC 70
GRCN 65
 
Final
NO 75
ABCHRIST 55
 
Final
TENNM 67
MURST 73
 
Final
HOW 67
HAMP 68
 
Final
ALAAM 72
PVU 75
 
Final
SDST 46
BSU 56
Final
NILL 73
CMICH 55
 
Final
RICE 76
CHAR 77
Final
ORU 60
DEN 57
 
Final
WKENT 77
FIU 61
8:00pm Saturday
TXPA 0
NMST 0
 
Final
COC 56
NE 65
 
Final
SCU 71
GAELS 70
 
Final
HOUB 87
STEPH 102
 
Final
SMISS 63
UTEP 60
Final
MEM 72
TULSA 74
Final
UNLV 69
WYO 57
Final
TXARL 82
ARKLR 73
 
Final
TEXAM 80
AUB 55
Final
LALAF 68
GSOUT 58
 
Final
ARKPB 66
GRAM 57
 
Final
TAMCC 61
SHSU 59
 
Final
UTAH 57
ARZ 63
Final
NCOL 76
NARZ 74
 
Final
GONZ 70
BYU 73
Final
WEBER 61
IDST 57
 
Final
FRES 59
NMU 55
Final
USF 65
PAC 55
 
Final
CPSL 56
UCD 66
 
Final
PORST 60
SACST 73
 
Final
SEAT 53
CALST 43
 
Final
CSNO 83
UCR 76
 
Final
USC 70
WASH 55
Final
UCSB 54
UCI 51
 
2:00pm Today
NIAG
FAIR
 
2:00pm Today
PETE
IONA
 
2:00pm Today
RIDE
MAR
 
2:00pm Today
MAN
QUIN
 
2:00pm Today
UCONN
SMU
 
3:00pm Today
CAL
ORST
 
3:00pm Today
HOU
SFLA
 
3:30pm Today
PROV
MARQ
 
4:00pm Today
WISC
MSU
 
4:30pm Today
MON
SIENA
 
6:30pm Tonight
WAKE
PITT
 
7:00pm Tonight
STAN
OREG
 
7:30pm Tonight
OSU
PURD
 
8:30pm Tonight
COL
ARST
 
9:30pm Tonight
UCLA
WASU
 
Final
FLA 5
BUF 3
Final
NAS 3
DET 4
Final
NYI 3
CAR 5
Final
CLB 0
NJD 2
Final
BOS 4
ARI 1
Final
MON 4
TOR 0
Final
PHI 4
NYR 2
Final
COL 1
MIN 3
Final
SJS 2
OTT 4
4:00pm Today
WIN
LOS
 
5:00pm Tonight
PIT
CLB
 
5:00pm Tonight
FLA
TAM
 
7:00pm Tonight
WAS
TOR
 
8:00pm Tonight
DAL
ANA
 
9:30pm Tonight
VAN
STL