Leach suit defendant: Former coach's story inconsistent
May, 25, 2010
5/25/10
10:47
AM ET
By
David Ubben | ESPN.com
Larry Anders, chairman of the Texas Tech Board of Regents, filed his response to former Red Raider coach Mike Leach's lawsuit on Monday. Though most responses to lawsuits tend to be short, Anders' response was 48 pages long.
His Dallas lawyer, Steven Rasch, says its length comes from comparing the accounts of the events surrounding Leach's firing.
"We think it's the first time somebody has really pieced together the sworn testimonies in the case that demonstrate the discrepancy between what the events were at the time, as recalled by the witnesses, versus what Leach is saying now," Rasch told ESPN.com.
Leach was fired on Dec. 30, 2009, two days after being suspended amid allegations that he mistreated receiver Adam James. Among the seven defendants named in Leach's suit is Craig James, Adam James' father, a former NFL player and ESPN college football analyst. The other six defendants filed joint responses or responses using the university's lawyers, Rasch said.
In the response filed on Monday, Leach agrees with the description of head trainer Steve Pincock as "honest and reliable." Later, Pincock's sworn testimony says that despite Pincock's diagnosis and warnings, Leach did not believe James had a concussion.
Pincock's sworn testimony reads: "Leach asked me multiple times if James really had a concussion. Leach told me he had seen the video from practice, and that there was no way James had a concussions from the hit he had taken. He also asked me multiple times how easy would it be to fake a concussion. I responded repeatedly that the doctor diagnosed James with a concussion. I also relayed that James had told me after the practice in which he sustained the concussion, he had gone to eat at IHOP with a teammate, gone home, and suffered dizziness forcing him to sleep sitting up."
Pincock also says James reported vomiting that evening, and Leach asked for a sample of vomit, which Pincock says he "of course" could not produce. But Pincock says later in the statement that he told Leach that a doctor had diagnosed James with a concussion and he could not practice.
Leach has continually maintained he did nothing wrong in regards to the incident.
"Mike Leach is trying to reconstruct the events to say that he did believe there was a concussion and what he did to Adam James was some sort of bizarre form of treatment for Adam James' light sensitivity," Rasch said. "We think the sworn testimony makes it very clear that Leach, by all the questions he asked and the statements he made, thought Adam James was faking it, he treated it as if he were faking it, he tried to punish and humiliate him by making him stand in a dark shed for several hours during football practice."
Whether or not that constitutes a fireable offense is a point of contention in the suit. We may never know the absolute truth about what happened after James suffered what the trainers diagnosed as a concussion. But Anders and his attorney feel confident that their own sworn testimonies contradict what Leach is arguing in his suit.
The details are up to the law-types to decide, but clearly, Anders has little doubt of how he believes the events unfolded.
His Dallas lawyer, Steven Rasch, says its length comes from comparing the accounts of the events surrounding Leach's firing.
"We think it's the first time somebody has really pieced together the sworn testimonies in the case that demonstrate the discrepancy between what the events were at the time, as recalled by the witnesses, versus what Leach is saying now," Rasch told ESPN.com.
Leach was fired on Dec. 30, 2009, two days after being suspended amid allegations that he mistreated receiver Adam James. Among the seven defendants named in Leach's suit is Craig James, Adam James' father, a former NFL player and ESPN college football analyst. The other six defendants filed joint responses or responses using the university's lawyers, Rasch said.
In the response filed on Monday, Leach agrees with the description of head trainer Steve Pincock as "honest and reliable." Later, Pincock's sworn testimony says that despite Pincock's diagnosis and warnings, Leach did not believe James had a concussion.
Pincock's sworn testimony reads: "Leach asked me multiple times if James really had a concussion. Leach told me he had seen the video from practice, and that there was no way James had a concussions from the hit he had taken. He also asked me multiple times how easy would it be to fake a concussion. I responded repeatedly that the doctor diagnosed James with a concussion. I also relayed that James had told me after the practice in which he sustained the concussion, he had gone to eat at IHOP with a teammate, gone home, and suffered dizziness forcing him to sleep sitting up."
Pincock also says James reported vomiting that evening, and Leach asked for a sample of vomit, which Pincock says he "of course" could not produce. But Pincock says later in the statement that he told Leach that a doctor had diagnosed James with a concussion and he could not practice.
Leach has continually maintained he did nothing wrong in regards to the incident.
"Mike Leach is trying to reconstruct the events to say that he did believe there was a concussion and what he did to Adam James was some sort of bizarre form of treatment for Adam James' light sensitivity," Rasch said. "We think the sworn testimony makes it very clear that Leach, by all the questions he asked and the statements he made, thought Adam James was faking it, he treated it as if he were faking it, he tried to punish and humiliate him by making him stand in a dark shed for several hours during football practice."
Whether or not that constitutes a fireable offense is a point of contention in the suit. We may never know the absolute truth about what happened after James suffered what the trainers diagnosed as a concussion. But Anders and his attorney feel confident that their own sworn testimonies contradict what Leach is arguing in his suit.
The details are up to the law-types to decide, but clearly, Anders has little doubt of how he believes the events unfolded.



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