Davis resists subpoena for personal cell phone records
Posted October 18, 2011
Updated October 19, 2011
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.