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Thursday, August 25, 2005

Ind. Law - Star argues for release of more records in 2000 Bob Knight firing

The Indianapolis Star has a story today by Tom Spalding, headlined: "Star questions trustees' role in Knight probe: Newspaper's attorney argues in court that IU should release records on 2000 investigation." Some quotes:

BLOOMINGTON, Ind. -- Former Indiana University President Myles Brand wanted both an in-house and an inexpensive investigation of then-basketball coach Bob Knight. So in 2000, he turned to two loyal trustees.

Those trustees were also attorneys, and their quick but detailed probe eventually led to the coach's ouster.

But their dual role -- as both attorneys and trustees -- was called into question Wednesday by an attorney for The Indianapolis Star who maintains more records on Knight's firing should be released. * * *

The university maintains that information about Knight compiled by now-former trustees Eichhorn, Bloomington, and Walda, who now practices law in Indianapolis, is protected by attorney-client privilege. The two men were not paid a salary for their work but were reimbursed for their expenses.

A special judge, Morgan Superior Court Judge Jane Spencer Craney, called the hearing to determine whether some -- or none -- of that investigative material in question should be released.

A recent Indiana Court of Appeals ruling declared some documents off-limits. Those same appellate judges, however, have ruled that the university cannot decree that all records on the topic remain secret because some of the information they contain may not be confidential. Information that is opinion, or involves legal theory, can be blacked out, the appellate court said, and still be released.

The Star's attorneys want documents that might contain public information, including notes from an interview with a member of the IU athletic department about whether Knight choked Reed in 1997 or displayed soiled toilet paper to players, as some have alleged. * * *

Craney said she expected attorneys on both sides to file additional arguments. She did not offer a timetable for when she hoped the case would be resolved.

I believe the "recent Indiana Court of Appeals ruling" referenced (please correct me if I'm wrong) is Indiana Newspapers dba The Indianapolis Star v. The Trustees of Indiana University (May 2, 2003), available here.

Posted by Marcia Oddi on August 25, 2005 07:55 AM
Posted to Indiana Law