Subpoena was served, Fulmer's attorney admits

Phillip Fulmer had an interesting day at SEC Media Days. Mike Strasinger for The City Paper

HOOVER, Ala. -- After denying he had been served, University of Tennessee coach Phillip Fulmer later admitted to receiving a subpoena Thursday as he arrived for his appearance at Southeastern Conference Football Media Days.

Fulmer's attorney, Jeff Hagood, told the Knoxville News-Sentinel that the UT coach wasn't initially aware he had been served.

"Phillip was getting out of his car and focused on other things, as you might imagine, getting ready to face an audience of about 800 people or so," Hagood told the newspaper. "Someone basically threw something at him. They didn't look official, as far as he was concerned. It didn't look like a law enforcement person or that ilk. He didn't pay attention to what it was."

While speaking with the media Thursday, Fulmer denied having been served the subpoena.

"I have not seen a subpoena," he said. "This is not the place for that kind of thing. There are great fans that have great passion about the Southeastern Conference that are not interested in that kind of B.S. And I would have some other choice words if there weren't so many cameras in here."

According to reports, Fulmer was handed the subpoena by the Birmingham law firm of Blankenship, Harrelson & Wollitz law as he stepped out of an SUV Thursday morning before entering the Wynfrey Hotel in Hoover, Ala.

Hagood called the actions against Fulmer an "ambush."

Attorneys have been seeking Fulmer's sworn statements in a lawsuit filed by former Alabama booster Wendell Smith against the NCAA. Smith, a Chattanooga car salesman, was accused by the NCAA in 2002 with paying $10,000 to former Alabama signee Kenny Smith to entice him into signing with the Crimson Tide.

Kenny Smith did not qualify academically. A year later, he signed with Tennessee and played briefly for Fulmer and the Vols.

"We're trying to find out what Phillip Fulmer knows," attorney Chris Linton told the Mobile Press-Register. Linton is with Blankenship, Harrelson & Wollitz, which is representing Smith. "We feel there was so much mud slung in Alabama. Phillip Fulmer was closer to that situation than anybody. We just want to find out what he knows."

Attorneys said Fulmer has been ordered to appear to give a deposition on Sept. 25 in Birmingham, two days before Tennessee plays at Auburn.

Fulmer declined to attend SEC Media Days in 2004 after attorneys in Alabama said they would subpoena him and force him to answer questions under oath about his role in the NCAA investigation that eventually led to Alabama being placed on probation.