UPDATED: Arkansas court hears football e-mail case

— A lawsuit accusing the University of Arkansas of mishandling an investigation over e-mails critical of quarterback Mitch Mustain is pointless, an attorney for the school told the state's highest court Thursday.

The attorney noted that the three main players in the dispute - Mustain, coach Houston Nutt and Chancellor John White - have all since left the school.

"This is like trying to turn the scoreboard back on after the game is over and the team is pulling away in the bus," attorney Woody Bassett told the Arkansas Supreme Court.

Justices heard arguments Thursday from attorneys in an appeal arguing that a circuit judge should not have dismissed the lawsuit accusing UA of failing to properly investigate e-mails denouncing the quarterback who later left the football program.

John David Terry of Mount Ida claims public money was misused because White had Nutt investigate the e-mail. Terry's lawsuit alleged that White shouldn't have had Nutt investigate the e-mail because it was sent to Mustain by Razorbacks booster Teresa Prewett, a friend of Nutt's family.

Since the lawsuit was filed, Mustain has left Arkansas for the University of Southern California, Nutt has left for Ole Miss and White has stepped down as UA chancellor. Terry, who attended the hearing, declined to comment Thursday.

Attorney Eddie Christian told justices that he did not believe the e-mail was properly investigated.

"There was virtually no investigation ... it was handed off to the coach to investigate himself," Christian said.

The court heard back-to-back arguments on the lawsuit's dismissal and on a contempt order issued against Christian for engaging in prohibited discovery over the e-mails. An attorney for Christian, who is appealing the contempt order, told justices that Washington County Circuit Judge Mark Lindsay gave mixed signals on the whether any more discovery could be conducted.

Mustain's departure contributed to a firestorm in Arkansas that eventually led to Nutt's resignation. Nutt gave Prewett an official reprimand and barred her from the sidelines during games. He said he did not initially know about the e-mail.

Bassett said the lawsuit's claims were better suited for a coffee shop or fan Web sites than the courtroom.

"This case was never about principle. It's not about taxes. It's not even about Dr. White or (University System President Alan) Sugg," Bassett said "It was all about coach Nutt and an attempt by the appellant to use the court to influence public opinion against coach Nutt."

Christian, however, argued that his case was about holding public officials accountable for their actions.

"We're talking about high-profile public employees who have been entrusted with the heavy responsibility of nurturing, mentoring and protecting college students, kids fresh out of high school and their first time away from home," Christian said. "We have a right as taxpayers to hold them accountable."

The lawsuit faced skepticism from some justices who questioned whether the case was moot and whether Terry had the right to sue because he didn't like the way the investigation was handled.

"The governor makes decisions every day. We make decisions every day," Justice Paul Danielson said. "If somebody disagrees with us, do you think they can ... get us to write a more complete opinion or ask the governor to make a more vigorous effort to get a particular law passed because you don't agree with the way they're doing it?"

White, who stepped down as chancellor in June, attended the hearing and said he hoped to see a resolution soon to the e-mail case.

"I hate it that the court had to devote its valuable time to something like this," White said.

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