Columns

Harry KingHARRY KING
Sports Columnist for The Morning News

Robbie NeiswangerROBBIE NEISWANGER
Sports Columnist for The Morning News



Sponsors

UA E-Mail Case Dismissed, Appeal Moot, Court Says

Last updated Thursday, October 2, 2008 8:31 PM CDT
in Razorback Central

By Rob Moritz
THE MORNING NEWS

LITTLE ROCK -- The game clock ran out on the Houston Nutt-Mitch Mustain saga Thursday when the state Supreme Court rejected a petition to reinstate a lawsuit accusing the University of Arkansas and a former chancellor of improperly investigating a fan's profanity-laced e-mail to the former UA quarterback.

In a unanimous decision, the state's highest court said the issue was moot because John White, accused in the lawsuit of mishandling the investigation as chancellor of the Fayetteville campus, stepped down from the position in June and is now teaching.

"Thus, he can no longer take any action with respect to the e-mail matter, nor is he any longer receiving a salary from the university for serving in the capacity of chancellor," the court said.

Two other key players in the lawsuit also are no longer with the university. Mustain transferred to Southern California and forme football coach Houston Nutt resigned to become the head coach at the University of Mississippi.

"We are very pleased with the outcome and we're looking forward to the future," UA attorney Scott Varaday said Thursday after the decision.

The nearly two-year saga, which has been discussed on numerous sport-talk radio shows and Internet message boards, and written about by several national publications, began in December 2006 when Teresa Prewett, a friend of Nutt, sent a profanity-laced e-mail to Mustain, criticizing him and urging him to leave the football program.

The player's mother, Beck Campbell, later complained to White, who said he would investigate. On Jan. 8, 2007, Prewett sent Mustain a letter of apology and on Jan. 12, Nutt wrote a letter of reprimand to Prewitt. Prewett also was barred from being on the sidelines during games.

Mustain requested a release from his scholarship on Jan. 16.

UA graduate John David Terry of Mount Ida later filed the lawsuit asking that White be ordered to conduct a complete investigation. He said he had standing to bring the lawsuit because he was a taxpayer who was responsible for paying White's salary. He asked that White not be paid until a full investigation was conducted.

Washington County Circuit Judge Mark Lindsay dismissed the lawsuit in August 2006, saying it was none of the court's business. The judge said allowing the lawsuit to continue would do nothing but attract every disgruntled fan to second-guess every coach. He awarded $1,000 to the university in legal fees.

Also Thursday, justices upheld a contempt of court order Lindsay issued against Terry's attorney, Eddie Christian Jr.

The attorney was cited for contempt after disobeying an order barring all discovery in the case.

Lindsay said in his ruling that Christian violated a June 2007 order when he issued a subpoena to the director of the state Department of Finance and Administration, where Sherri Darby, who shared a residence with Prewett, worked.

The subpoena ordered DF&A to produce all e-mail received or sent from Darby's e-mail address that referred to the UA football program.

Christian obtained a CD containing more than 800 e-mail received by Darby or sent from her e-mail address referring to the program.

UA attorneys and attorneys for subpoenaed witnesses were unaware of the subpoenas until the information was reported publicly, the court said in Thursday's ruling.

The high court rejected Christian's argument that Lindsay's order was unclear.




Reader Comments (2 comment(s))


The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

NUTT HATER wrote on Oct 3, 2008 9:32 AM:

" I think it's probably worth mentioning, that this could very well be part, or all of the reason White, Broyles, and Nutt are no longer at the UofA. It seem's pretty relative to me they all decided to leave at the same time, with the pecking order starting at the bottom, leading to the top. With in 6 months, all three were gone. The UofA helped these 3 men make a relatively easy transition out of thier redicules situation. Very smart on thier part to do so, considering the circumstances. I'm sure the outcome of this trial was discussed long ago, as part of the reason to leave. If they were all still here, it would be a different story, with the evidence going against them, and the university's reputation at risk. The bottom line is, these 3 men leaving, was in the best interest of eveyone involved. "

ozarks wrote on Oct 4, 2008 4:11 PM:

" Can you not get over it? And those 3 leaving was not in the best interest of the U of A. It was in the best interest of the whinners from Springdale and that baby Mustain who happens to be disliked at USC now and they regret they every brought the little boy on board. At least they have him on the bottom of the deepth chart and he may never never take another snap from center. Hope he is getting a good degree becasue he will need it. Thank you White, Nutt, and especially Coach Broyles for being the greatest Razorbacks. I will always be thankful for all of you. "


*Member ID:
*Password:
  Forgot Your Password?
 

Not already registered?
Register Now