Despite Fulmer's denial, lawyers say subpoena delivered

HOOVER, Ala. -- Lawyers for a former Alabama booster said they staked out the Southeastern Conference football media event Thursday and served Tennessee coach Phillip Fulmer with a subpoena to testify about a lawsuit against the NCAA.

Fulmer initially denied seeing a subpoena, but later said he was given a piece of paper and didn't realize what it was.

The scene was much like the one he tried to avoid four years ago when he refused to come to the event in suburban Birmingham and took part by phone, incurring a $10,000 fine from the league.

A process server hired by lawyers for Wendell Smith of Chattanooga, Tenn., approached Fulmer as he stepped out of an SUV outside the suburban hotel where SEC holds its media days, said Brandon Blankenship, an attorney for Smith.

"He said, 'Coach Fulmer, I've got something for you,' and gave it to him," said Blankenship, of Birmingham.

Fulmer was not happy about answering questions from reporters about possibly being subpoenaed.

"I have not seen a subpoena," Fulmer said. "This is not the place for that kind of thing. The great fans that are very passionate about the Southeastern Conference aren't interested in that kind of B.S.

"And I would have some other choice words if there weren't so many cameras in here."

In a statement later in the day, Fulmer acknowledged receiving "a piece of paper."

"I was getting out of the car and was tossed a piece of paper that I picked up, stuck it in with a whole bunch of things that I had been reading on my way in from the airport and handed it to (media relations official) Bud Ford to put in his briefcase and forgot about it," the statement said.

He said he will let his lawyers handle the subpoena.

Fulmer also said he won't let the flap distract him or the team and added, "About being in Birmingham, I wasn't trying to mislead anybody. I hadn't looked at anything."

A judge may have to decide whether Fulmer actually received the subpoena.