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More tidbits from UM/NCAA case; Heat chatter; Broadcast notes

Notes on a Monday night/Tuesday morning:

### In UM’s motion to dismiss the case against the Hurricanes and the NCAA enforcement staff’s response, one of many caustic and fascinating exchanges between the sides details how the NCAA spread what appeared to be misinformation regarding its interview with former Canes quarterback Kyle Wright and how it came about.

To refresh: Wright was interviewed by now-retired NCAA investigator Rich Johanningmeier on Feb. 24, 2012.

Brynna Barnhart, the NCAA’s assistant director of enforcement, told UM that Wright called the NCAA to initiate an interview – not the other way around – and that Johanningmeier knew what to ask Wright because he received a tip from a confidential source about improper benefits.

UM asserted that the NCAA asked questions of Wright that it wouldn’t have even known to ask if it hadn’t used testimony from a bankruptcy court hearing with Sean Allen. Allen’s deposition and subsequent NCAA interview were tossed, as most of you know, and any information from other interview subjects that was gleaned from using Allen’s testimony was also supposed to be tossed.

Barnhart told UM that the interview happened only because Wright called the NCAA “out of the blue.”

But when UM called Wright on Feb. 25 of this year, Wright said the NCAA called him in February 2012 – not the other way around – and he agreed to the interview after hearing about Allen’s deposition from a “third party.”

UM asked the obvious question: If Johanningmeier had a tip from a confidential source about improper benefits, why would he not call Wright on his own? Why would the NCAA need to wait for Wright to call them “out of the blue?, as Barnhart claimed?

The NCAA’s claim simply didn’t add up.

In its motion to dismiss, UM said Barnhart “repeatedly misled the university” and “should be immediately removed from any continuing involvement with the university’s case.”

In its response to UM’s motion to dismiss, NCAA interim vice president of enforcement Jonathan Duncan said the NCAA originally struck Wright’s comments about a bachelor party from the evidence it used because it knew details came from the Allen interview.

But the NCAA has now agreed to strike all of the Wright interview “based on new information developed during [UM’s] subsequent interview of Wright on Feb. 25, 2013.”

Duncan then staunchly defended Barnhart, claiming she told UM only what she was told by the two former investigators on the case: Johanningmeier, who retired last summer, and Ameen Najjar, who was fired last May.

Barnhart said she was not involved in the interview with Wright and merely was repeating what Johanningmeier and Najjar told her. Of course, Najjar has his own credibility issues.

“It is clear Barnhart did not intentionally mislead [UM] and the committee on infractions should deny the request that she be removed from the case,” Duncan said. “It is insulting and incredulous that [UM] would attack her.”

### Though the infractions committee – which will decide what, if any additional punishment will be given to UM – has said it does not believe it has the authority to dismiss the case before a hearing in mid-June, UM insists there is precedent.

UM cited a case involving Pittsburgh in the late 1970s.

“Individuals involved in the enforcement at the time recall the case was dismissed by the Committee of Infractions on the basis of finding that evidence had been fabricated by a member of the NCAA staff,” UM wrote in its motion to dismiss. “The specific information that was found to be fraudulent impacted an individual allegation, but the finding so undermined the COI’s confidence in the enforcement staff’s evidence that the case was dismissed.”

UM added that ‘the scope of misbehavior by the enforcement staff [in the UM case] equals or exceeds the concerns that led to dismissal in the Pittsburgh case.”

The NCAA’s Duncan, predictably, disagrees, claiming his “enforcement staff was unable to locate any substantive information about the case because there is no public report available.” There’s no public report because the case was dismissed, Duncan. Of course you know that.

The infractions staff should consider that Pittsburgh case before deciding whether to drop the case against UM.

UM does not expect the case to be dropped before a hearing.

### Coveted four-star power forward Demetrius Henry "liked his visit" to UM this past weekend --- according to his AAU coach - and will choose among UM, USF and South Carolina later this month.

### On Monday, the Heat became the 16th team to win at least 65 games during the regular season. Of the previous 15, 12 have won an NBA title. Miami can become the 12th team to win 66 games by beating Orlando on Wednesday.

Also, Miami finished an amazing 15-1 on the second night of back-to-back games, equaling the 2006-07 Mavericks’ all-time record.

### Erik Spoelstra said his reserves have played so well that some of those players not a part of his usual rotation (including Mike Miller and Rashard Lewis) have made his playoff decisions tougher. Ray Allen, Chris Andersen, Norris Cole and Shane Battier are automatic to play, and it’s difficult to envision Spoelstra carving out regular minutes for a 10th rotation member.

### The Heat will open the playoffs against Milwaukee either Saturday or Sunday, with the schedule not expected to be released until Wednesday night. ABC – which has 3:30 p.m. games Saturday and Sunday – always has opted for the Heat when it has the opportunity, regardless of the opponent. This weekend, a tougher choice awaits for its two slots among the Heat series, Knicks-Celtics and the Lakers (if they make it) vs. the Thunder.

### Check the previous blog with a couple Monday Dolphins notes.

### Couple of broadcast items: HBO has a feature Marlins president David Samson on Real Sports at 10 p.m. Tuesday…. As expected, NBC replaced Tom Hammond with Dan Hicks as the voice of Notre Dame football... With the NBA canceling the Pacers-Celtics game Tuesday because of Monday’s tragedy in Boston, TNT will air Toronto-Atlanta instead.

### I'm on Twitter now, finally. Please follow me: @flasportsbuzz

 

Comments

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Rik

Thanks for Showing Emmert's Lap dog a few common sense ideas. As "acting" head of enforcement he is Emmert's to command and act as a lightning rod for Emmert. ### Did you see Emmert's ego on display during the NCAA tournament's trophy presentation? Every year of the tournament up to 2011, the chairperson of the selection committee gave the trophy to the winning coach UNTIL the great Emmert, in a moment of total loss of control RIPPED trophy out of the hands of the Chairperson's hands in 2012 and quickly gave it to the Kansas Coach creating the new EMMERT trophy tradition- FACT! It's all on youtube!###

u are u

So the dictorial powers of the NCAA are such that they can investigate /inquire for years and years with no time limitations??????????

Posted by: Jojo | 04/15/2013 at 09:10 AM

Once again []_[] Unreal, Dim, ClUless and just plain dUmb idiot Cane Fans don't get it... YES ! They ARE THE DICTORIAL POWER and it's THEIR Sandbox in which []_[] signed a Contract to play in and by THEIR RULES! I axe []_[] again. What about that do []_[] silly Cane Fans not comprehend and Understand about that? They DO NOT Answer to ANY State or Federal Agencey. []_[] and ALL Colleges that compete in the NCAA in ANY Sport answer to them and them only. Period. []_[] have already pleaded Guilty. U don not impose Ur own sentence. The NCAA is still gathering more info already on top of the multiple infractions they already have on Ur to PROVE that Ur a within 5 years of the last Probation Habitual offenders... U just don't get it. They are playing with []_[] like a Lion does a weasel. And they answer to no timetable or limitations.

*** "I can absolutely guarantee that the U absolutely will bring a very STRONG and POWERFUL lawsuit regardless of whatever sanctions they will have ultimately received." ***

I'd explain how absolutely fruitless and Useless that would be and how ANY "Wrongful" Lawsuit filed would be thrown out in every lower Court at first glace, but []_[] and the rest of the []_[] dreamers that have Zero Understanding of the Law would look like dogs responding to a silent whistle blown right in their face with that hUUUUUUUUUUUUUhhhhhh look.

Hang in the clUcks... It won't be long til []_[] can cry, bitchnwhine to the moutaintops how everyone hates and is out to get []_[]... dUe to []_[]r own mis"givings" by []_[]r #1 Fan Nevin

GO B.U. !

FZ B

Hey u are u,

I can just write a long, precise, intelligent response to your non sense post but I think I'll just skip all of that and call you an asswipe...

JO JO

Another pseudo-brain answer from a pseud0-brain wannabe nobody.You are irrlevant and your little forum you write is for only YOUR OWN entertainment because you demonstrate only your fantasy of how you earnestly wish for your outcome.Fool.Like I said the incompetent NCAA will receive a swift kick in more places than you think.Keep on dreaming because Miami will overcome everything and rise again anyway.Watch and see...watch and see.Thanks BTW for all the U symbols.It s clear we re in your everyday thoughts.Too funny.Keep on hating though you loser.

UMike

Hey, U are U...did your mother have any children THAT LIVED, or were they all born dead parasites, LIKE YOU?

A*S CLOWN...I can picture you now....about 400 lbs., never leave your house or the "safety" of your PC...and, a GayTurd fan.

You have all the ingredients of a yahoo, redneck, yellow-toothed, Deliverance-type, "having sex with your family members", trailor-park, Gainesville, WalMart, KKK cross-burning, stains on your underwear LOW LIFE!

This is HURRICANE COUNTRY...get outta here before I find you.

shut up already

Clearly u and u never went to law school (although I'm sure now he will cite legal sources) its not what h know but what u can prove and if the ncaa has all this mountain of evidence against the U then why the delays why the waiting why the desperate acts of enforcement acts, shows they hav nothing and public opinion is the only cardboard they have to play so shalala started running or own porpagande machine .... Can't wait to eat som gator meat ! Go ganesh (BTW 2-19 is uf record against miami last 22 meetings)_

Coke or Cherry?

Another lie comes to surface....nice...now all Wrights testimony gone....and rightly so. With that fact....I'm pretty sure were done with sanctions.

green

http://bearcatsnation.com/2013/04/09/where-in-the-world-is-pat-odonnell/

Here enters Patrick O'Donnell from Cincinatti. Has one year of eligibility left & I was told he signed his papers to UM last week for Grad School. He's probably one of the best punters in the country. Not sure if he kicks FG's but he has an incredibly strong leg. He played at the same High School that KC McDermott (Palm Beach Central) is coming from.
-- Cash

KICKSTARTER

green

http://www.youtube.com/watch?v=GSQytVLZSXM

So, apparently Shane Larkin will have a press conference on 4/28 or 4/29 to announce his decision (per Canesport)
-- isaac koppel

THE DECISION

rboud

UM is methodically taking apart the NCAA's investigation of it's own handling of the case. UM must point out each and every blunder, lie, etc. the NCAA is coming up with because the NCAA will admit to no wrongdoing. The NCAA always tells schools how cooperation with them is so important and how it will help the school in the long run. Now that the shoe is on the other foot, they are not listening to their own advice.

Putney Swope

Barry,

Once again, you've posted more of your 5 star reporting...thank you!

Hopefully 'The Miami Herald' will soon come to the realization that you are by far the most talented and competent journalist on their payroll and reward you for all that you do for them and the readers who greatly benefit from your work.

Marios

Barry, who keeps the money if the NCAA fines UM?
Do they keep it, is that why they are so gung ho on going forward no matter what?
Did they keep Penn State's 60 million dollar penalty?

Specially liked the line:
"It is insulting and incredulous that [UM] would attack her(Barnard).”

They are not the only one who are insulted and incredulous.

AnonymosCane

Great work Barry, I echo Putney Swope, every word right on the money !

For the haters please keep on hating, the U and their fans thrive on it!

General Zod

I agree with the comment about Barry -- he is bar none the best fact-gathering reporter that the Herald has (sports or otherwise). Great job, Barry.

AnonymosCane

This article shows to me at least, that the UM attorneys caught the NCAA in a lie, pure and simple. Wright stated he did not call the NCAA "out of the blue" as claimed by the liar Barnhart and not that lie is being covered up by Emmert lackey John Duncan!

Again Barnhart is the Asst. Director of Enforcement, and without doing her own due diligence repeated previous lies by enforcement staff. The same thing that the investigator who took over for Najir did when he ass-umed that working with Perez was ok.

The incompetence of this investigation and the negligence toward a fair and impartial investigation never existed and was carried on in spite of the
resignations and firing that took place because of it!

WOW Mr. Emmert you must be so proud of your staff, but hey they take their cue from their leader who always seems to be one step ahead of the pink slip in every job he has had,

AnonymousCane

correction...now that lie is being covered up.. P1

investigator that took over for Najir was a "she"P2

negligence displayed...which never existed.P3

Sorry didn't edit.

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