LITTLE ROCK — Years of legal wrangling over e-mails regarding a former Razorback quarterback ended last week, a month after the lawyer who disseminated the e-mails died after a stroke.
Washington County Circuit Court Judge Mark Lindsay on Sept. 15 declared moot the contempt-of-court proceedings against Fort Smith attorney Eddie Christian Jr.
Christian had obtained 800 e-mails from the state-owned computer of Sherri Darby, a former employee of the Department of Finance and Administration. Christian sought Darby’s e-mail after Lindsay ruled June 4, 2007, to dismiss most of the claims in a lawsuit Christian filed regarding an e-mail Darby’s roommate sent to quarterback Mitch Mustain.
Christian filed suit against the University of Arkansas on April 24, 2007, on behalf of John David Terry of Mount Ida, who claimed UA administrators violated NCAA rules by failing to protect Mustain from malicious comments. Specifically, an e-mail written by Darby’s roommate, Teresa Prewett, called Mustain “Mr. Interception King,” among other comments.
Prewett was a Razorback booster and friend of former Coach Houston Nutt. Mustain later transferred to the University of Southern California.
Christian’s use of subpoenas to obtain Darby’s e-mails resulted in Lindsay holding him in contempt of court Sept. 6, 2007. Christian maintained that Lindsay left the door open to gather evidence, despite Lindsay’s ruling orderinga suspension of discovery in the lawsuit.
The Arkansas Supreme Court on Oct. 2, 2008, upheld Lindsay’s dismissal of the case and his decision to cite Christian in contempt. Christian abandoned a subsequent appeal to the Supreme Court before it was heard, and the appeal was dismissed.
A new set of legal arguments ensued when Lindsay ordered Christian on Sept. 11, 2009, to subpoena everyone whom he might have forwarded the Darby e-mails, though they were not party to the proceedings. Christian objected to the order, both because he felt he should not have been held in contempt and because he argued legal rules didn’t allow for action against those not party to the suit, according to court records.
Philip S. Anderson, attorney for respondents, including the Arkansas Democrat-Gazette, several editors and reporters, argued that the court could not order third parties to action.
Anderson also argued that Lindsay did not have the authority to issue the Sept. 11 order, because the lawsuit was on appeal at the time. He also sought for the matter to be declared moot after Christian’s death.
None of the 39 people Christian sought for return of e-mails produced any, court records show.
Arkansas, Pages 8 on 09/23/2010