Mel Tucker's attorneys seek removal of temporary ban over text messages
(CBS DETROIT) - Lawyers representing former Michigan State University football coach Mel Tucker are asking the federal court to remove a temporary ban over releasing text messages connected to Brenda Tracy, a woman who accused Tucker of sexual harassment.
Tucker's attorneys filed a motion Tuesday through the U.S. District Court in the Western District of Michigan to have the ban removed. However, Tracy's lawyers filed an amended complaint, which removed a federal claim and sought to remand the case back to state court.
Federal Judge Robert Jonker gave Tucker's team until 4 p.m. on Wednesday to respond.
Attorney Eric Delaporte, who represents Jane Does, named as plaintiffs in the case, issued the following statement:
"I did learn a new word this week. DARVO. We older attorneys used to call it "victim blaming" or "victim shaming." It seems to me that there's been a lot of that from Mr. Tucker and his representatives. A lot of shifting blame instead of excepting personal responsibility.
"Maybe I'm being a little too rational, but in my opinion, three things appear to have been proven beyond a doubt:
- By his own admission, Mr. Tucker engaged in personal gratification while on the phone.
- Ms. Tracy did not reciprocate.
- Witnesses have indicated Ms. Tracy's planned speaking engagement was canceled after the date she declined to reciprocate Mr. Tucker's self-love.
"I suspect most of the women… and men… in America can do the math. What more needs to be said?"
Karen Truszkowski, an attorney representing Tracy, said she echos Delaporte's statement.
This comes more than a week after Tucker's attorneys released pages of text messages that were between Tracy and Ahlan Alvarado, her friend and assistant who died in June.
According to an affidavit, the text messages given to Tucker's attorneys were from Alvarado's phone, which was in the possession of her husband.
Tucker's attorneys sent the letter to the MSU Board of Trustees and the university's interim president, Teresa Woodruff, on Oct. 5, the day of the Title IX hearing. The letter consisted of eight pages and is followed by nearly 100 pages of new evidence that alleges Tracy was motivated by personal gain and that she had consensual relationships with Tucker and at least one other coach.
In response, Tracy obtained a restraining order barring the former coach's legal team from releasing additional messages. The order went into effect on Oct. 6 and expires on Friday.
In Tuesday's court filing, Tucker's attorneys said the letter to MSU "enclosed only heavily redacted written communications limited to particular issues that Tracy herself raised, demonstrating the utmost care in not releasing any extraneous information."
The university officially fired Tucker on Sept. 27 after he was accused of sexually harassing Tracy during a phone call last April. She claimed Tucker masturbated without her consent, but Tucker claimed it was consensual.
The allegations were made public in a report released by USA Today on Sunday, Sept. 10.