Firm representing Mike Leach argues case against Texas Tech in c

Firm representing Mike Leach argues case against Texas Tech in court

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LUBBOCK, Texas -

The legal saga of the 2009 firing of Red Raider Football coach Mike Leach continued Thursday. 

A judge heard arguments over the release of information regarding the decision to terminate Leach. 

Attorneys for Dolcefino Consulting claim Texas Tech is refusing to turn over documents under the Texas Public Information Act. 

Attorney Ann Hartley with the Attorney General's office argued residing judge Bill Sowder's court does not have jurisdiction over the case given Wayne Dolcefino never properly responded to Tech's response to the open records request. She also argued Tech is protected from releasing the documents when it is being used for  "a side show" and a "public spanking" of the University.

Dolcefino said the claim was ridiculous. 

"Those who lived in Lubbock nine years ago know that when people were outraged after Coach Leach was fired, right," Dolcefino said. "What did Tech do? They released some of the documents from investigation. They did to sort of justify what they did. So I just say, let the sun shine. Release it all. What are you hiding? What's so juicy in there that you're afraid for people to see?".

The sticking point, Dolcefino's attorney's said, is addressing the claim Tech never completed its investigation per the open records request. 

Judge Sowder asked Hartley if the investigation had actually been completed. Her response was "I do not believe so".

"When you sign an affidavit, that's a sworn statement, you sign an affidavit saying we're not withholding any documents in that regard and we're going to attach a couple letters and one of the letters is, or one of the emails that they attached to the affidavit says, well we're withholding an interrupted report as it reports to coach leach, well you're withholding information," Michael Hurst, attorney representing Dolcefino. "You swore you weren't going to withhold anything and in the same email you saying you're withholding something. And so that's why I went back and forth. That's the very information, some of the information we want to get to."

No decision was made on the jurisdictional issues or whether the proceedings can move forward. 

Mr. Hurst said if approved, the next step is to record a deposition from Texas Tech. 

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