Baylor.... it's about to go down

Judge orders Baylor to release evidence used by Pepper Hamilton
https://www.thescore.com/news/1348880
(via http://thesco.re/theScore_app )

 

The Piper is always paid with interest.

 

The supply of black ink in Philadelphia is about to evaporate while the cost skyrockets.

It will be interesting to see if there is any white left on any of the pages of production after redaction, which I assume will done with spray paint equipment much like that used to paint cars.

 

I've been waiting for this. The Judge confirmed my thoughts that the privilege was waived to some degree when the report was published. This should get real interesting now. I particularly liked, "Coach Briles admitted that he was operating an internal disciplinary system outside Baylor's policies that left their team unaccountable under university procedures." Briles is a real piece of work. I hope this stuff is enough to keep him from ever coaching again...I'd like to see his assistants locked out of coaching college ball as well.

 

And I still marvel that some wanted that "real piece of work" to be our coach.

 

Can BU redact on this production request, or would they be required to disclose everything?

 

How long will it take for this production issue to get to New Orleans?

 

Placeholder motion is probably already in place through e-filing...

 

I'm no lawyer (thank God), but the way I read it, BU is allowed to redact anything that can be construed as "legal advice" from Pepper-Hamilton.

 

Let the Bailor Nation "I didn't know", excuses and general butt covering begin!

 

There are two basic attorney-client privileges: the "attorney-client" privilege that protects, generally, all communications--tilted toward advice,though, and not including outside documents exchanged--between them, and the "work product" privilege, which protects a wide swath of the planning and strategy of litigation matters, which can protect exchange of otherwise nonprivileged documents if that would unfairly reveal trial strategy to the other side.

Here, the judge says Baylor waived its attorney-client privilege but not its work-product privilege. BTW, this is a federal judge, so there's no playing around. What Baylor will do is release a set of documents that they admit (if any) that relate only to advice about what to do or how to act as a university. They will withhold ( or redact portions of documents produced) what they can with any straight face argue relates to defense of any litigation they "anticipated."

For everything withheld, they produce a privilege log, which is a description of each document (date, to, from, copied to, topic, general purpose and content) sufficient to show the basis of the privilege claimed. Then, the plaintiffs challenge that by motion, and typically the judge looks at the

 

This X100. Disgusting, just as Briles is disgusting.

 

original documents and decides whether the claim of privilege is valid (an "in camera" review). So, since probably all kinds of litigation could have been anticipated, they will probably claim a lot of work product. The judge, though, has already signaled that he is aggravated by the unfair release of part of the investigation results publically, so my guess is that he will balance out the unfairness by releasing things Baylor and its lawyers don't like.

The time frame for those bad documents to hit, after production, review, motion, in camera review, etc., is months away at least. Some privilege point can be appealed, too.

 

Very good explanation of the process and what to expect VYFan. I suspect you are an attorney at law.

 

Good analysis VY. This will be interesting to follow.

 

and it just.keeps.coming...:

Baylor didn't randomly drug test players, regents say
https://www.thescore.com/news/1350982
(via http://thesco.re/theScore_app )

 

WOW! Imagine that, the school with the second worst steroid problem in D-1, and the worst coke problem throughout the 90s, is suddenly discovering that drug testing either did not exist or the samples were doctored. Those Baylor regents are really on top of things, just about 30-35 years too late. Mr Gray, let me introduce you to Mr Fix, one of the men the regents and BMDs gladhanded with back in the day.

Sounds to me like more regents are trying to cover their *** by deflecting the investigators to other areas. These people are disgusting, and as a Baptist, I find them totally repugnant, including some I used to consider friends.

 

Agreed and this Judge is a no nonsense Federal Judge with a prosecutorial past with no ties to Baylor. No doubt he will be firm but fair. I just don't see how the rats leaving the sinking ship don't ultimately disclose "everything" trying to protect themselves.

I think the NCAA is a toothless tiger but the only way Baylor doesn't get the death penalty is to join the SEC SEC SEC.

 

Once this Bailor affair fully exposes their former renegade head coach and his absolute lawless and out of control excuse for a football program, I think the toothless NCAA may have to give serious consideration to the death penalty once again.

Even if the NCAA doesn't speak of it in public, I suspect the sports media and general public will be talking loudly and often about the whole sordid affair being grounds for the death penalty....we will see.

 

I wrote down the name of that book and will be buying it when it is released...

 

Seems he must not have taken good notes to fail as many of them in the NFL as he has...

 

BU deserves it but I'm not terribly excited about the prospect of the only two schools that were dirty enough to be given the death penalty are both Texas schools with a religious affiliation. That is a bit of a black eye if you ask me.

 

Anybody have a problem with this kid being helped to make millions of dollars and then turning on them? I guess he feels they should have kicked him off the team. He's busting them for not engaging in tough love.

 

The joke for decades was Baylor cornered the market on "water soluble steroids"

 

Yep. I have zero doubt it goes on other places too. Makes it look like Texans are just dumber than everyone else about it (I guess with SMU, it was more arrogance than anything else)

 

Federal judge in Austin sanctioned Pepper Hamilton for withholding docs

U.S. District Judge Robert Pitman Friday sanctioned the Pepper Hamilton law firm for failure to comply with court orders and subpoenas in Jane Doe sexual lawsuits against the university, saying “The evidence of Pepper Hamilton’s conduct in violation of the Court’s orders is so ‘clear, direct, weighty and convincing’ that the court reaches this conclusion with clear conviction and without hesitancy.”

He ordered the firm to pay all of the plaintiff’s “reasonable expenses in making their Amended Motion to Compel and Motion for Sanctions, including attorney’s fees.”

Pitman did not sanction Baylor’s attorneys, but cautioned “that even inadvertent violation of a discovery order is eligible for sanctions and the court will consider sanctions if Baylor makes further production of Pepper Hamilton materials without adequate explanation.”........​

Pepper Hamilton sanctioned for withholding materials in Jane Doe suits

 

I had this feeling about BRILES from the get-go....something was not right...with all the success Baylor had...there was no cheating to get the players there, yes, but once they were there.....YIKES...much worse than sending a $20 bill to their Momma in a FedEx envelope....

 

Looks like USC is racing Baylor to the bottom of humanity: