Fulmer asks judge to block deposition

According to Jeff Hagood, a lawyer representing Fulmer, the issue shouldn't be what Fulmer said in his dealings with the NCAA investigation into Alabama's case. Rather, the issue is whether what Fulmer said should be protected by law.

Fulmer, along with the NCAA and American Football Coaches Association, filed a lawsuit on March 10 against the parents of former Alabama recruit and Tennessee player Kenny Smith in Knox County Chancery Court. Fulmer's legal team seeks a judgment protecting statements made by Fulmer and his assistants to the NCAA as they related to the investigation into the Alabama football program.

Attorneys for Vicki Smith Dagnan -- Kenny Smith's mother -- have since filed a notice in Chancery Court scheduling Fulmer's deposition Nov. 10.

Hagood insists Fulmer shouldn't be exposed to the deposition process as it relates to this case.

"We believe this is a question of law, and not of facts,'' Hagood said. "So any kind of discovery is not appropriate; certainly the kind of discovery they want to get into is inappropriate.

"We don't dispute the facts that there was truthful cooperation by coach Fulmer along with a host of other coaches in our conference over this NCAA issue,'' he said. "The question is whether or not that (Fulmer's testimony to the NCAA) is protected, and we believe it is.''

If the judge rules that a deposition must be held, Fulmer's lawyers have requested their client be protected from questions of "annoyance, embarrassment, oppression and undue burden and expense ...," according to a motion filed Friday and obtained Monday by The Associated Press.

The Smiths filed a defamation lawsuit in Alabama last summer charging Fulmer with making improper statements to the NCAA about the relationship between former Alabama assistant Danny Pearman and Smith's mother.

Fulmer skipped the SEC's Media Days in Birmingham in July to avoid the possibility of being subpoened as it related to that Alabama lawsuit. The case was subsequently dismissed on the grounds of lack of jurisdiction. Fulmer was fined $10,000 by the conference for missing the media event.

Fulmer said the ongoing litigation has not been a distraction.

"The only time I think about it is when you guys (media) ask me about it,'' Fulmer said. "Then I think about it for about 30 seconds and answer your question and go on with my business.''