Mel Tucker's attorneys release new evidence as the former MSU football coach's Title IX hearing begins this week
(CBS DETROIT) - Former Michigan State University football coach Mel Tucker will not be participating in the Title IX hearing amid sexual harassment allegations, and there is new key evidence in the case, Tucker's attorneys said in a letter Thursday morning.
Tucker's attorneys sent the letter to the MSU Board of Trustees and the university's interim president, Teresa Woodruff, on Thursday morning.
In the letter, Tucker's attorneys said he would not be participating in the hearing, which was scheduled to begin Thursday, Oct. 5, "due to a serious medical condition." No other details about the medical condition have been released.
Jessica Belveal, one of Tucker's attorneys, wrote in the letter that there is new evidence, primarily messages from Brenda Tracy, an activist and rape survivor and Tucker's accuser.
"This evidence completely contradicts Ms. Tracy's claims and suggest that she manipulated a key witness, the University, Mr. Tucker, and the public," said Belveal in the letter. "You should know that Ms. Tracy allegedly deleted key evidence and provided only self-serving excerpts to OIE to sustain a claim of "harassment" that MSU never should have been investigating in the first place. Ms. Tracy pulled the wool over the University's eyes, and maligned Mr. Tucker's reputation for personal gain."
The letter consists 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.
Messages between Tracy and Alvarado
The messages obtained were between Tracy and Ahlan Alvarado, her and friend and assistant who is now deceased.
Relationships in her field
Tracy had told investigators she was "single on purpose" and doesn't date people in her field of work, but she had texted Alvarado multiple times about her alleged relationship with Damon Stoudemire, who is currently a head coach at Georgia Tech University.
Brenda: Why is every man in my DMs asking me out now? It's like they can sense that I'm dating someone already. I will NOT get distracted. I have a good thing with Damon.
Brenda: Watching the DJ at halftime. Thank God I graduated to a coach on the bench LOL
Brenda: I leave tomorrow at 1pm!! Get home Tuesday afternoon. He chose the flight that gets me there the earliest for us to spend more time together
(the next day)
Brenda: His place is so nice
Brenda: He's at work but things are going good
Brenda: I worked out already today. Girl, I could get used to this lifestyle.
Relationship between Tucker and Tracy
The next set of messages alleges a personal relationship between Tucker and Tracy:
Brenda: I haven't even heard from Damon since Monday
Alvarado: He'll pop up
Brenda: For sure. He's not going nowhere. Lol. He was supposed to find time to see me before the 20th
Brenda: Coach Tucker told me he loved me last night. It wasn't weird tho. He made sure I knew it was about being a friend.
Alvarado: In other news lol
Alvarado: Coach Tucker isn't going anywhere either
Brenda: Def not lol
Brenda: He went to some retreat for his birthday. Came back all zen
Brenda: He's one of those - in another life
Alvarado: Can't wait til we get to go on retreats
Brenda: I know!!!
Brenda: I guess they talked about trauma and he said he thought about me and how amazing it is that i can speak about mine. He said I'm a brilliant human and too special for this world
Brenda: Damon is so cute in his tight shirt and pants lol. I like seeing him on tv.
Tracy on accepting gifts
Tracy claimed she would accept any gifts from Tucker after he became interested in her romantically.
Brenda: Michigan state might be going to the Rose Bowl or one of the other major ones. We should check this calendar and keep dates open. I know coach Tucker would give us tickets
---
Brenda: Tucker signed his contract. I can't even wrap my brain around 95 million. Sheesh
Brenda: Can you imagine around 700k going into your account every month
Brenda: I'm gonna ask him to finance the doc part of it
Brenda: He for sure will.
Brenda: And sounds like I'll get booked this spring too so that's more money
New witness claims phone call was consensual
A new witness, "familiar with Ms. Tracy's representations regarding their relationship" came forward under oath and said Tucker and Tracy "were in some sort of relationship when the conversation took place . . . the phone sex was consensual."
This is the only witness, including Tracy, who has made a statement under oath.
The witness claims Tracy went to great lengths to get hold of messages between herself and Alvarado so they wouldn't be seen by anybody.
"As detailed in the new witness's sworn statement, while Ms. Tracy's supposed friend lay dying in a hospital, and even after her death, Ms. Tracy sought to sleep over at Ms. Alvarado's house (in her room) and repeatedly asked Ms. Alvarado's
family for access to Ms. Alvarado's phone and computers," according to the letter.
The witness said, "It really struck me odd that she would want Ahlan's things and would be asking Ahlan's family for them as Ahlan lay dying in her hospital bed."
***
"Another [odd] comment Brenda made in the hospital, after the doctor told us that Ahlan was not going to make it, Brenda stated
that "I need to call my therapist because I don't feel supported right now."
MSU spring game
In the next text thread, Tracy insinuates that Tucker brought her to the spring game because of ulterior motives.
Brenda: I saw an interview with Tucker about the practice and he said "Brenda Tracy was in town and educating our players is important" or something similar but not she's serving as captain. Or we're wearing shirts to raise awareness or even a mention of set the expectation
Brenda: I wonder if it's bc of the behind the scenes stuff that he's now being weird
Brenda: Like he's nervous to talk about me now?
Brenda: "She's in town" what??
Alvarado: who knows fren. Men are weird no matter what. They think acknowledging is doing something. I don't see why it's a secret, they announced you at the game?
Brenda: Idk but he didn't do a good job. I expected more from him
Alvarado: Agree
Brenda: Don't have me there if you aren't going to talk about it. We're not checking boxes
Alvarado: They took care of us but the important part was to raise awareness.
Brenda: Exactly. It's not about you and me
Alvarado: It's always about them somehow
Brenda: I gotta step all the way away. I can't have this messing with the message or mission
Brenda: That's not something I can do
Alvarado: You know what to do
Alvarado: It's just easy to get caught up
Brenda: We'll just have to tell Liz we don't really know what the deal was and move forward but whatever all that was is over for me.
Brenda: But maybe this is what I needed to see as well. Sometimes I act like it's not that important or I'm not doing enough. I minimize it sometimes
Alvarado: It's def allowing you too see something
Brenda: But now I see a missed opportunity and I feel terrible. Like I failed people.
Alvarado: I just thought they were taking care of the social stuff. I really thought we would see if by end of day.
Brenda: I'm sorry God. I will do better.
Alvarado: You didn't know either. Can't blame yourself.
Alvarado: I see what you're saying though
Brenda: True. I've also asked him to do stuff rather than letting him lead. I mean he asked but... maybe it's not 200% genuine. I mean Damon had two reasons for bringing me to speak to his college team.
Brenda: I've been more assertive than other coaches bc I know I can. No more of that.
Alvarado: Do you think you can have a convo about it?
Brenda: We will at some point. Have to.
Brenda: A lot of this is just me and things I can adjust and control
(later that day)
Brenda: MSU posted and Coach isn't being weird at all. Feels like all is good
Brenda: And I all of a sudden have a tshirt discussion with licensing at MSU and some non athletic staff and a T-shirt company. Blessings on blessings when you stay the course and do what's right.
Motivated by financial gain and tax problems
The next text thread alleges Tracy used the university's investigation process because she was motivated by money.
Brenda: Karen - a lawyer is reaching out to the head lawyer at MSU to discuss what this might look like moving forward. She's going to gauge their response and we will go from there but sounds like we will be asking Tucker to not speak on me or the incident and him or MSU will need to make an anonymous donation to STE so that we can further our work. Karen said once she can test their tolerance - like do they just want this to just go away - then she'll be able to better help me make decisions. Having him just sign an NDA tho just means he did it no one will know and there are no consequences for him.
Brenda: Money is my only recourse to make him feel like there is a punishment and I can request it be anonymous so that he can't take credit for it
Brenda: Not even sure he would agree to it but I think I should try and if it leaked then it's a donation to my work and not me
Brenda: They said it would be a bad idea to call him. Could look like I tried to extort him and then followed it up with a lawyer
---
Brenda: When they do the money I should make him pay me 10k directly
Brenda: Or ask anyway
---
Brenda: I'm filing a formal complaint with MSU.
Alvarado: When does this happen?
Brenda: Next step is interviewing with Rebecca and she'll file it. And he will be notified. Karen said after that we can let him know that we want to come to an agreement then it doesn't have to go to a hearing or anything unless he wants it to
In addition, Tracy sent messages to Alvarado acknowledging tax problems would affect her lawsuit.
Brenda: So apparently I was supposed to be paying down 2018 taxes and not staying caught up on the other years bc now the IRS wants their money. I have to come up with 25k over the next 6 weeks. No one told me to pay on the earliest year first.
As the conversation continued Tracy also said, "Having the IRS after me in a way that is known publicly surely won't help my lawsuit."
The university officially fired Tucker on Wednesday, Sept. 27, after he was accused of sexually harassing Tracy during a phone call last April. She claims Tucker masturbated without her consent, but Tucker claims it was consensual.
The allegations were made public in a report released by USA Today on Sunday, Sept. 10.
