Testimony starts in ex-USC football coach’s defamation trial against NCAA

LOS ANGELES -- A superior court jury began hearing evidence Tuesday in a trial over whether the NCAA defamed an ex-USC football coach when it sanctioned him over apparent knowledge of improper benefits received by star running back Reggie Bush.

At the heart of the trial is whether the NCAA's Committee on Infractions was improperly influenced by non-committee members in reaching its conclusion that former assistant coach Todd McNair had knowledge of monetary benefits accepted by Bush from convicted felon and aspiring agent Lloyd Lake. The NCAA levied sanctions on the university in 2010 related to those benefits, and as a result, McNair was not resigned by the school as assistant coach.

McNair, who sued seven years ago for libel and slander, is represented by veteran plaintiffs' attorney Bruce Broillet of Greene Broillet & Wheeler LLP, who argued the NCAA sidestepped its own internal procedures in reaching its conclusion that McNair's conduct was unethical. The case had a stop at the 2nd District Court of Appeal, which shot down an anti-SLAPP motion by the NCAA.

The lawsuit said McNair suffered harm as a result of losing his job, struggled with depression and finding new work. McNair v. the National Collegiate Athletic Association, BC462891 (L.A. Super Ct., filed June 3, 2011).

In the video deposition of infractions committee director Shepard Cooper, Broillet asked if it was ethical for a non-voting member to express his opinion to voting members regarding the McNair investigation. He was referencing Roscoe Howard, a former U.S. attorney and an incoming committee member at the time, who Broillet said lobbied members to sanction McNair.

Cooper said such influences would not be appropriate, adding that the communications were simply protected speech. "Decisions are by members of the committee and not by someone who is not a member of the committee," said Cooper, who denied Howard was part of the deliberations.

Broillet alleged Howard essentially was part of deliberations because he insinuated his influence on committee members.

Broillet then questioned Cooper about 2010 emails he sent to committee members, claiming Cooper was attempting to influence the committee into making a finding against McNair.

"You considered McNair to be 'a liar and immoral, and not be allowed to coach anywhere,'" said Broillet, quoting an email by Cooper.

"That was my opinion to one committee member based on what I had gleaned from the proceedings. My draft does not reflect my opinion. It reflects the opinion of the committee," Cooper said.

McNair's attorneys say he was wrongly implicated by the NCAA on a single two-minute, 30-second phone call with Lake, the would-be agent. The NCAA said that phone call showed McNair knew about the thousands of dollars Lake gave to Bush. McNair's counsel said his client had no previous knowledge of this.

The NCAA is represented by Wilkinson Walsh & Eskovitz.