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The former USC football assistant [McNair] says the Committee has made a flawed case far worse by bringing in, contrary to its own rules of procedure and evidence, new, mistaken, immaterial, irrelevant, contradictory and false allegations against him, even to the point of inventing quotes and making a first-ever "phantom finding."
A "fundamental violation of due process," is how McNair describes what the NCAA has done here.
The Infractions Committee's response "confirms that the findings against McNair are clearly contrary to the evidence," McNair and his attorney, Scott Tompsett of Kansas City, say in a November rebuttal to the Infractions Appeals Committee that was obtained by USCFootball.com.
So ingrained was the misguided mythology of the Bush Impala in the mind of the Infractions Committee, former USC head coach Pete Carroll had to interject himself at the end of his Tempe hearing testimony to correct a comment from COI member Missy Conboy, Notre Dame's deputy AD.
Carroll said this: "Okay I just wanted to say we left something out there, that Missy [Conboy] said that the car was a cool car. It was not. It was not a car that kids really cherished and all that. That is - anyway, the kind of car that everybody would covet. It was kind of 'Why would you get that one?' It was really more so. You kind of left it out there like it was a hot-shot car and it really wasn't."
McNair's rebuttal finishes off the Committee's car silliness with this comment: "The COI has wide latitude in making credibility determinations. But that latitude does not extend so far as to denounce a person's credibility for voicing his personal opinion about a 1996 Impala."