Thursday, July 20, 2017

Judge asked to recuse himself in Ole Miss booster fight

The war between Steve Robertson and Ole Miss opened up another front yesterday.   Mr. Robertson won a round last week in his fight to obtain the names of the boosters cited in two NCAA notices of allegations that were issued to Ole Miss.  However, an unnamed booster, John Doe, asked Hinds County Chancellor Dewayne Thomas to void the Ethics Commission order.   The Scout.com reporter asked Hinds County Chancellor Dewayne Thomas to recuse himself from the case yesterday since he has connections to Ole Miss. 

The NCAA sent two notices of allegations of violations to Ole Miss in 2016 and 2017.  Mr. Robertson and JJ submitted public records requests for the notices to the university.  Ole Miss provided the notices but redacted the names of students and boosters.  JJ and Mr. Robertson filed public records complaints at the Ethics Commission.  The Ethics Commission ruled Friday that Ole Miss had to provide the records with the unredacted names of the boosters.

John Doe sued to keep the booster names private in May in Hinds County Chancery Court.  The case was assigned to Chancellor Denise Owens.  However, John Doe withdrew his lawsuit and filed the equivalent of an amicus curiae with the Ethics Commission as it reviewed the complaints.   Mr. Doe appealed the decision to the Chancery Court even though the Commission ruled he was not a party to the complaint.


Mr. Robertson accused Mr. Doe of "judge-shopping." The case was initially assigned to Chancellor Patricia Wise but she recused herself and the case was reassigned to Chancellor Owens.  The case was withdrawn.

Mr. Robertson argued in an affidavit submitted with the motion:

1.  John Doe is a booster of the University of Mississippi Athletic program.

2.  Steve  Robertson  is seeking the disclosure  of  John  Doe' s identity, as well as  twelve other boosters listed in public records held  by the  University of Mississippi.

3. The  public  records  sought  concern  violations  of  the  NCAA  rules pertaining to student athletes.
4. Upon information and belief,  the  impartiality of  Chancellor  Dewayne Thoma s might be reasonably questioned since: 1) he is an alumnus of the University of Mississippi;  2)  he is a donor to the University  of Mississippi  and its athletic program; and 3) he regularly attends athletic events held at the  University  of  Mississippi.
Mr. Robertson also filed a response to John Doe's motion to stay the Commission's final order.  The response claims that John Doe is a "non-party" in this matter.  Mr. Doe didn't file a complaint with the Ethics Commission and was not a defendant in the matter.  He thus doesn't have standing to sue or appeal the decision.  His name appeared in a public document and consequently does can't have an expectation of privacy.




Attorney Casey Lott represents Mr. Robertson.  John Doe is represented by David McCarty, Esquire.



19 comments:

A Pribbling Plume-Plucked Pignut said...

Can someone edumacate me on why this is such a hot button issue? Legally, I can see the necessity for the names to be revealed, but why would anyone care? Is this like that time ricin was sent to the White House and one Elvis impersonator was framed by one of his daft rivals?

Anonymous said...

Recusal here should be a no-brainer.

For one Ole Miss athletics booster to block an Ethics Commission order, in order to protect another Ole Miss athletics booster named in an NCAA investigation of Ole Miss athletic boosters ... that's too blatant even for Ole Miss athletics boosters, right?

Anonymous said...

Finally, some more important news.

Anonymous said...

Doesn't McCarty usually do death penalty appeals or something? Maybe that's why he missed on the standing issue. Of course, I'm not sure why he'd take this case in the first place. I guess he sees it as a crusade of some kind or other. He's a nice enough guy, but I wish he'd have gone east to Georgia when he left Alabama and not headed west to our fair state.

Anonymous said...

Won't this booster likely be disassociated from the Ole Miss program anyway?

I guess I don't understand the "why" behind going to these lengths to hide the identity. Is it a fear of social ostracism, like being banished from the Grove tailgate, or being blacklisted at CCJ or RHC? Is it a fear of losing business if this person is a professional (e.g., doctor, lawyer) or business owner?

Anonymous said...

I admire Robertson's persistence.

Anonymous said...

You keep pecking at a spot and eventually it will open up.

Anonymous said...

These same fans and boosters and website hosts went after Steve and his family and made threats that would put most people in jail. That's where Steve gets his drive to unmask these names. If John Doe hadn't done anything wrong, he would be worried about people knowing his name. Ole Miss has hidden so many facts from their fans and alumni when it comes to this cheating scandal. We went to there being no investigation, to it was only women's basketball and track and then it was football, but the previous staff only, not the current staff. Then the first NOA came out showing Bdork and Freeze to be TOTAL liars. Then there was the second NOA after the Tunsil draft confession and admission that he did receive money from coaches and we finally got the hostage video where they led the flock and media donkeys to blame it all on MSU and one of their athletes. They showed no mercy when they released the names of Student Athlete 39 which is going to come back and bite them when the third NOA shows up in the mail. Of course, as most Ole Miss fans think, they can intimidate with a bunch of lawyers and people will back down but I think they are going to find out that Leo, Nutt nor the NCAA are scared of their legal bullshit. I would pray they would sue someone so that Freezus can be deposed under oath and face perjury for all the lies he's told so far. John Doe is really a nobody when it comes to the big time Bears he is trying to protect or should I say Ole Miss is trying to protect by putting John Doe up to this. There is a certain former lawyer who spent years in a federal prison, a former QB and even a former basketball player who probably don't want their names made public is they are named in the NOA(s). Ole Miss people just need to turn around, bend over and take it from the NCAA because there is no doubt that with that many Level 1 violations, it's going to hurt and hurt really bad for years to come. They will go down as the SMU of the current college football timeline. Yeah, everybody cheats, but when you try to cheat at a level and think you will never get caught, you'd better not be sloppy when handing out those bags of cash to 17-18 yr olds.

Anonymous said...

If anyone has seen ESPN 30 for 30 on SMU they will realize why the boosters don't won't their names out.

Anonymous said...

@4:28 No, Rosebowl gets his drive because he has replaced a narcotics addiction with another addiction. Once an addict- always an addict.

Anonymous said...

Seems like 4:28 may be pretty heavily invested in this stuff. Mix in a paragraph break, dude.

Anonymous said...

Didn't the SMU boosters cause that school to get the death penalty?

Kingfish said...

Yes but that won't happen again. NCAA didn't realize how long it would take to restore a program after the death penalty was used.

Anonymous said...

KF, that is an urban legend that the NCAA will never again give the death penalty. The NCAA has given the death penalty multiple times in various sports since the SMU debacle, but not in D-1 football.

Anonymous said...

and now that freezus has lost his pay-out and been totally thrown under the bus by the bears, he is not going to care one bit about whether he is deposed or not.....at this point, he has nothing left to lose by telling the truth (if he remembers what that is anymore)

On Sides Kick said...

The Faithful are wondering this morning, "Can't all this crap just go away now that he's resigned". Well...........Nope.

Anonymous said...

Can you (or someone) give an update on the status of the Ethics Commission order?

Anonymous said...

well....at least freezus didnt shoot himself.....yet....and then Dorsey can come to the rescue and sue everybody.....and Butler Snow!

Anonymous said...

Just a thought, it happens everywhere...
https://www.sbnation.com/college-football/2014/4/10/5594348/college-football-bag-man-interview

2016 Hottest Reporter Poll

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Who is the hottest reporter?

Archives

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.