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Ex-UNC coach must give up personal cell records

A judge says he had concerns that government employees, such as former UNC coach Butch Davis, could skirt public records laws.

Getty Images (2010)

A judge says he had concerns that government employees, such as former UNC coach Butch Davis, could skirt public records laws.

RALEIGH, N.C. — A judge has ordered former North Carolina football coach Butch Davis to hand over records of calls made on his personal cellphone related to his job duties.

Superior Court Judge Howard E. Manning Jr. signed an order Wednesday for Davis to provide his phone bills, which had been requested as public records by media organizations. Those requests had been rejected for more than a year by the university, which has faced NCAA sanctions related to violations while Davis was coach.

Manning's order gives Davis 30 days to hand over phone bills that include records of calls made as part of his official job duties. The judge will allow the university to black out Davis' personal calls from the records.

In his order, Manning expressed concern about government employees using their personal cellphones to make work-related related calls in an attempt to avoid public scrutiny.

"University officials and coaches may not use their personal cellphones to 'dodge' or evade the North Carolina public records law and may not avoid public scrutiny of their cellphone records by using their personal cellphones to conduct public business," Manning said.

Davis said he respects the judge's decision. Hired at UNC in late 2006, Davis was not accused of wrongdoing by the NCAA. Still, he has faced questions about what he might have known about the wrongdoing that occurred under his watch, which ended with his firing in July 2011.

He was hired by the Bucs in February as a special assistant to coach Greg Schiano, who was on Davis' staff at the University in Miami in the '90s.

Penn State report Rebuke: Ousted university president Graham Spanier and his lawyers attacked the report on the Jerry Sandusky sex-abuse scandal, calling it a "blundering and indefensible indictment" as they wait to hear if he will be charged in the case. Lawyer Timothy Lewis called Louis Freeh, the former FBI director and federal judge behind the report, a "biased investigator" who piled speculation on top of innuendo to accuse Spanier in a coverup of early abuse complaints.

"The Freeh report, as it pertains to Dr. Spanier, is a myth. And that myth … ends today," Lewis said.

Spanier told media outlets he never understood the early complaints about Sandusky — convicted in June of molesting 10 boys and awaits sentencing — to be sexual.

"I'm very stunned by Freeh's conclusion that — I don't think he used the word 'coverup'; but he uses the word 'concealed,' " Spanier told New Yorker magazine. "Why on earth would anybody cover up for a known child predator? Adverse publicity? For heaven's sake! Every day I had to make some decision that got adverse publicity."

Coach charged: Minnesota State-Mankato coach Todd Hoffner, 46, was charged with two counts related to child pornography. He faces one count of using minors in a sexual performance or pornographic work and one count of possessing child pornography after authorities said they found nude images of children on his cellphone. Hoffner's attorney said his client will be pleading not guilty. Hoffner is on leave and a university investigation is pending.

Alabama: Athletic director Mal Moore, 72, remained hospitalized with an irregular heartbeat. He was admitted Tuesday evening as a precaution and test results were normal.

Ohio State: Dismissed from the team after begin charged with domestic violence, linebacker Storm Klein pleaded guilty to misdemeanor disorderly conduct and has asked for reinstatement to the team. Coach Urban Meyer is pondering his request. Klein was charged two months ago with hitting the mother of their child during an argument.

NCAA looking further at Kentucky hoops recruit

The NCAA sent two enforcement officials to the New Hampshire prep school of Kentucky freshman Nerlens Noel, one of the country's top recruits in 2012, reported.

The NCAA appears to be focusing on those involved in the recruitment of the 6-foot-10 center and how he paid for his unofficial visits, the report said. also said a UK chief compliance officer accompanied the NCAA investigators to the early August meeting at the prep school.

Several scouting services have projected that Noel could go No. 1 in the 2013 NBA draft.

AMHERST: Whitney Mollica Goldstein, granddaughter of Rays senior adviser Don Zimmer, was promoted to interim head softball coach, replacing Sue Everden, who is stepping down after 14 seasons to concentrate on her position as volleyball coach. Mollica Goldstein played third base for Massachusetts, where she was player and rookie of the year in the Atlantic 10 in 2006.

FSU: The defending ACC basketball champs host Duke and North Carolina among the nine conference schools visiting Tallahassee this season. UNC visits Jan. 12, Duke on Feb. 2.

Ex-UNC coach must give up personal cell records 08/22/12 [Last modified: Wednesday, August 22, 2012 11:03pm]
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