Wednesday, May 27, 2009
The NCAA's contempt of court hearing did not occur on Wednesday as scheduled because the NCAA filed an appeal with the Ohio Court of Appeals requesting the contempt hearing be stayed (see this week's earlier post for more details) .
The NCAA's rationale for the stay is buried in the supporting case history, legal jargon and interesting Latin phrases (such as "sua sponte") of the latest filings. The NCAA indicates that disclosure of information at the hearing would violate attorney client privilege, stating "... the trial court, at [Oliver's attorney Rick Johnson's] instigation, has determined to parse through the privileged files of the NCAA in order to search for some evidence that might bolster an anemic claim of contempt...".
Johnson in his response to the NCAA's motion to the appeals court calls the filing by the NCAA "contemptuous behavior" and a "frivolous foray". Johnson also views the filing as an attempt to have the hearing drift past the baseball draft in mid-June.
Its not clear how long this detour from the previously scheduled path will last, but its quite clear that these two parties really don't like each other and a lot of down in the weeds legal maneuvering will be occurring as the proceedings move forward. ESPN won't have any interest, but Court TV might want to pick up the television rights.