UA attorneys tell court man's appeal 'frivolous'

LITTLE ROCK — Attorneys for the University of Arkansas in Fayetteville told the state Supreme Court that an appeal filed in a case stemming from an e-mail sent to former University of Arkansas quarterback Mitch Mustain is "frivolous, vexatious and meritless."

On Oct. 18, Fort Smith attorney Eddie Christian Jr. filed an appeal from Washington County Circuit Court on behalf of John David Terry of Mount Ida and asked the high court to order the university not to destroy evidence during the appeal.

Attorneys Woody Bassett and Scott Varady, who represent the university, argued in a response Monday that the "filing of the appeal and the motion represent the misuse of the judicial system to wage a campaign of harassment to remove Houston Nutt as the head football coach at the University of Arkansas.The Motion primarily consists of Terry's self-serving theories, speculation, and conjecture which are insufficient to grant the relief requested in the motion."

In his motion, Christian said that Terry "has not been afforded the opportunity to develop the evidence in this case. If this matter is ultimately reversed and remanded for a new trial on the merits, [Terry] will suffer irreparable harm if the evidence in question has been lost, altered or destroyed."

Circuit Judge Mark Lindsay of Fayetteville dismissed the lawsuit, which named UA Chancellor John White and UA System President B. Alan Sugg as parties. In his dismissal, Lindsay called the suit "meritless."

Terry, a 1986 UA graduate, alleges that the UA didn't perform an adequate investigation of the e-mails, particularly a Dec. 7, 2006, e-mail sent by TeresaPrewett to the quarterback. It was titled "Hello Mr. Interception King."

Christian argued that White should not have allowed Nutt to investigate the matter because Prewett was a friend of the coach and his family.

White "clearly ignored an obvious conflict of interest," the suit says.

On June 4, Lindsay dismissed some of the suit but let Christian re-argue whether the UA's actions were an illegal exaction of public funds and whether a writ of mandamus forcing further action should be granted. The order dismissing part of the lawsuit was written on June 26, but the final order dismissing the illegal exaction and writ of mandamus issues was issued in August.

Christian argued that White broke NCAA rules that protect student athletes from harassment, but UA attorneys saidNCAA rules aren't enforceable by law.

The university's lawyers said Lindsay's order dismissing Terry's suit "barred all discovery in the underlying case pending further orders of the Court."

But, after the order, Christian subpoenaed records from two state agencies and a private corporation, including a request for e-mail correspondence of Sherri Darby, Prewett's roommate, who sent the e-mail to Mustain.

Darby worked for a state agency, and as a result of Christian's request several hundred e-mails from her state account were turned over to the attorney.

Included in the documentation filed by Christian in support of his motion are many of Darby's e-mails. And some of those e-mails have turned up on message boards dedicated to University of Arkansas football matters.