McNair vs. NCAA Trial Timeline
BREAKING Jury finds for the NCAA on May 21, 9-3
WEEK 1
Jury selection began April 18 in Los Angeles Superior Court.
12 jurors were selected by April 19 and four alternatives selected by April 20.
Opening statements in the case were originally intended to be held April 20 but was delayed to April 23.
On April 23, Attorney Bruce Boliet made opening statements on behalf of McNair. Over the course of a few hours, he argued the NCAA ruined McNair’s reputation with a botched investigation. He argued that McNair can’t find work as a college football coach because of the outcome of the NCAA’s investigation.
After that opening statement was made, NCAA attorney Kosta Stojilkovic made his opening remarks.
Stojikovic argued that McNair’s penalty wasn’t severe. He says McNair hasn’t taken the necessary steps to find work and argues other coaches have continued on with successful careers despite NCAA investigations.
Stojikovic also argues that while there were mistakes in the NCAA investigation of McNair, it doesn’t amount to defamation.
WEEK 2
On April 24, a video of a deposition from Shep Cooper is played. Angie Cretor also took the stand.
The trial is expected to resume April 25 with more witness testimony.
On April 25, NCAA investigator Angie Cretors was cross examined.
The biggest takeaway for USC fans is that Creators admits the NCAA made factual errors in its report against USC and McNair based on missteps in the interviews with McNair.
During the investigation, the NCAA interviewed McNair and asked if he had called Lloyd Lake in January of 2005. He said he had not. The NCAA used this as evidence McNair lied in its findings against the coach and the school.
But in fact, McNair never called Lake and the two never spoke in January of 2005. NCAA investigators meant to ask him about a phone call in January of 2006 but misspoke during an interview. The date was never corrected in questioning of McNair.
The phone call in 2006 was also initiated by Lake and not McNair.
Creators admits that this was a mistake but doesn’t budge on the idea that she believes Lake’s account over McNair’s.
On April 26, committee of infractions member Rodney Uphoff testified.
Uphoff was a nonvoting member on the committee but is accused by McNair’s attorney’s of trying to influence others to punish USC.
He’s accused of doing this because he sent a memo to others on the board that criticized the Trojan program before a decision was made. In that memo, he made it clear he felt USC had done wrong and also criticized the hiring of Lane Kiffin.
The key point for USC fans here is when asked by McNair’s attorney, Uphoff admits he wanted to influence the committee’s decision on USC.
On April 27, there was more Uphoff testimony.
He says his email trying to influence the committee’s decision on USC was not uncommon and that he regularly tried to influence outcomes of NCAA infraction cases.
He also discusses the infamous photo with Lake and McNair which was used as evidence against him and USC in the NCAA findings. McNair’s attorney suggests it was cropped and Uphoff agreed.
WEEK 3
April 30 featured video deposition of Roscoe Howard, another non-voting committee of infractions member. It will conclude May 1.
May 1 features the conclusion of the Howard video and then Committee of infractions member Brian Halloran testifies. He defends the process against McNair. A video deposition from NCAA president Mark Emmert is also started.
May 2 featured more Emmert video deposition. The biggest takeaway is that he defends the investigation and thinks it was fair but does admit that an email from COI liaison Shep Cooper calling McNair a “morally bankrupt criminal” was inappropriate.
On May 3, Todd McNair took the stand. He denies knowing that Reggie Bush took improper benefits.
He broke into tears watching a video of himself coaching at USC.
McNair denied ever meeting lake and doesn’t recall being in a group photo with him in 2005.
McNair defended the 599 phone calls he made to Bush over a 15 month period which the NCAA used to accuse him of misleading them about his contact with the tailback. He says most of those calls were short talks about football and nothing else.
McNair also defended the three phone calls he made to Lake’s phone in October of 2005. Bush was supposed to host Percy Harvin on a recruiting trip but left him at a hotel room McNair says he tried to reach Bush but Bush said his phone was dying. McNair says Bush gave him Lake’s number to call and he did, trying to find Bush and not knowing who Lake was.
McNair says Reggie Bush gave him a loan because he’s struggled to find employment over the years.
On May 4, the NCAA and Stojilkovic got their turn with McNair. His loans from Bush (which McNair says he doesn't have to pay back) were brought up. Bush gave McNair more than $61,000.
Stojilkovic tried to discredit McNair's ability as a recruiter and use that as a reason for his firing from USC and as a reason he can't find more work.
He also tried to discredit McNair by reviewing testimony he gave the NCAA during the investigation and comparing it to trial testimony.
WEEK 4
On May 7, former COI member Dennis Thomas is on the stand today. Thomas speaks on the picture of Lake and McNair that the NCAA used as evidence of a connection between the pair years ago. Thomas acknowledges that he takes pictures with people he doesn’t know all the time and that it wouldn’t be unusual for McNair to be pictured with Lake and not know him.
On May 8, former COI member Eleanor Myers testified and said she didn’t trust McNair after his testimony to committee of infractions all those years ago. She claims he lied during his testimony and knew about Bush receiving extra benefits well before Lake ever called him in 2006.
Myers says she never considered whether or not the McNair photo was cropped and said that fact didn’t matter in her eyes in regards to the investigation.
A McNair expert witness, Peter Formuzis, also testified the coach would have made $2.8 million dollars if he had been a coach at a power five school through 2018.
On May 11, McNair’s attorneys drop the breach of contact and negligence charges against the NCAA, leaving charges of libel and slander. Closing arguments are also made from both sides.
McNair’s attorney argued the former Trojan coach was bullied by a massive enterprise that never thought there would be a consequence for their actions. He asks for $27 million in damages plus punitive damages.
The NCAA attorney argues McNair doesn’t have evidence of libel or slander. He questions the legitimacy of the conspiracy (or conspiracy theory) against McNair. He argues his show clause penalty isn’t a career ending penalty and that there's no need to seek punitive damages.
Week 5
The jury starts deliberating Monday. Days pass and the jury is still deadlocked at 8-4.
There is a juror swap on May 17.
Still no verdict after May 18.
Week 6
On May 21, a verdict is scheduled to be announced at approximately 2:05 PM PST.
A verdict is reached and the jury finds for the NCAA, 9-3.
Expected Testimony
Live testimony
Angela Cretors, Peter Formuzis, Charles King, Brian P. Halloran, Todd McNair, Lynette McNair, Eleanor Myers, Phillip Smith, Patrick Rishe, Dennis Thomas, Rodney Uphoff, Elaina Whatley.
Video Testimony
Britton Banowsky, Shepard Cooper, Jim Elworth, Mark Emmert, Roscoe Howard, Richard Johanningmeier, Ameen Naijar, Patricia Ohlendorf, Josephine Potuto, Greg Salkey, Kathleen McNeely
All but six witnesses have been called by both the McNair and the NCAA. Those six witnesses are Formuzis, King, Smith, Whatley (McNair) and McNeely and Rishe (NCAA).
BREAKING Jury finds for the NCAA on May 21, 9-3
WEEK 1
Jury selection began April 18 in Los Angeles Superior Court.
12 jurors were selected by April 19 and four alternatives selected by April 20.
Opening statements in the case were originally intended to be held April 20 but was delayed to April 23.
On April 23, Attorney Bruce Boliet made opening statements on behalf of McNair. Over the course of a few hours, he argued the NCAA ruined McNair’s reputation with a botched investigation. He argued that McNair can’t find work as a college football coach because of the outcome of the NCAA’s investigation.
After that opening statement was made, NCAA attorney Kosta Stojilkovic made his opening remarks.
Stojikovic argued that McNair’s penalty wasn’t severe. He says McNair hasn’t taken the necessary steps to find work and argues other coaches have continued on with successful careers despite NCAA investigations.
Stojikovic also argues that while there were mistakes in the NCAA investigation of McNair, it doesn’t amount to defamation.
WEEK 2
On April 24, a video of a deposition from Shep Cooper is played. Angie Cretor also took the stand.
The trial is expected to resume April 25 with more witness testimony.
On April 25, NCAA investigator Angie Cretors was cross examined.
The biggest takeaway for USC fans is that Creators admits the NCAA made factual errors in its report against USC and McNair based on missteps in the interviews with McNair.
During the investigation, the NCAA interviewed McNair and asked if he had called Lloyd Lake in January of 2005. He said he had not. The NCAA used this as evidence McNair lied in its findings against the coach and the school.
But in fact, McNair never called Lake and the two never spoke in January of 2005. NCAA investigators meant to ask him about a phone call in January of 2006 but misspoke during an interview. The date was never corrected in questioning of McNair.
The phone call in 2006 was also initiated by Lake and not McNair.
Creators admits that this was a mistake but doesn’t budge on the idea that she believes Lake’s account over McNair’s.
On April 26, committee of infractions member Rodney Uphoff testified.
Uphoff was a nonvoting member on the committee but is accused by McNair’s attorney’s of trying to influence others to punish USC.
He’s accused of doing this because he sent a memo to others on the board that criticized the Trojan program before a decision was made. In that memo, he made it clear he felt USC had done wrong and also criticized the hiring of Lane Kiffin.
The key point for USC fans here is when asked by McNair’s attorney, Uphoff admits he wanted to influence the committee’s decision on USC.
On April 27, there was more Uphoff testimony.
He says his email trying to influence the committee’s decision on USC was not uncommon and that he regularly tried to influence outcomes of NCAA infraction cases.
He also discusses the infamous photo with Lake and McNair which was used as evidence against him and USC in the NCAA findings. McNair’s attorney suggests it was cropped and Uphoff agreed.
WEEK 3
April 30 featured video deposition of Roscoe Howard, another non-voting committee of infractions member. It will conclude May 1.
May 1 features the conclusion of the Howard video and then Committee of infractions member Brian Halloran testifies. He defends the process against McNair. A video deposition from NCAA president Mark Emmert is also started.
May 2 featured more Emmert video deposition. The biggest takeaway is that he defends the investigation and thinks it was fair but does admit that an email from COI liaison Shep Cooper calling McNair a “morally bankrupt criminal” was inappropriate.
On May 3, Todd McNair took the stand. He denies knowing that Reggie Bush took improper benefits.
He broke into tears watching a video of himself coaching at USC.
McNair denied ever meeting lake and doesn’t recall being in a group photo with him in 2005.
McNair defended the 599 phone calls he made to Bush over a 15 month period which the NCAA used to accuse him of misleading them about his contact with the tailback. He says most of those calls were short talks about football and nothing else.
McNair also defended the three phone calls he made to Lake’s phone in October of 2005. Bush was supposed to host Percy Harvin on a recruiting trip but left him at a hotel room McNair says he tried to reach Bush but Bush said his phone was dying. McNair says Bush gave him Lake’s number to call and he did, trying to find Bush and not knowing who Lake was.
McNair says Reggie Bush gave him a loan because he’s struggled to find employment over the years.
On May 4, the NCAA and Stojilkovic got their turn with McNair. His loans from Bush (which McNair says he doesn't have to pay back) were brought up. Bush gave McNair more than $61,000.
Stojilkovic tried to discredit McNair's ability as a recruiter and use that as a reason for his firing from USC and as a reason he can't find more work.
He also tried to discredit McNair by reviewing testimony he gave the NCAA during the investigation and comparing it to trial testimony.
WEEK 4
On May 7, former COI member Dennis Thomas is on the stand today. Thomas speaks on the picture of Lake and McNair that the NCAA used as evidence of a connection between the pair years ago. Thomas acknowledges that he takes pictures with people he doesn’t know all the time and that it wouldn’t be unusual for McNair to be pictured with Lake and not know him.
On May 8, former COI member Eleanor Myers testified and said she didn’t trust McNair after his testimony to committee of infractions all those years ago. She claims he lied during his testimony and knew about Bush receiving extra benefits well before Lake ever called him in 2006.
Myers says she never considered whether or not the McNair photo was cropped and said that fact didn’t matter in her eyes in regards to the investigation.
A McNair expert witness, Peter Formuzis, also testified the coach would have made $2.8 million dollars if he had been a coach at a power five school through 2018.
On May 11, McNair’s attorneys drop the breach of contact and negligence charges against the NCAA, leaving charges of libel and slander. Closing arguments are also made from both sides.
McNair’s attorney argued the former Trojan coach was bullied by a massive enterprise that never thought there would be a consequence for their actions. He asks for $27 million in damages plus punitive damages.
The NCAA attorney argues McNair doesn’t have evidence of libel or slander. He questions the legitimacy of the conspiracy (or conspiracy theory) against McNair. He argues his show clause penalty isn’t a career ending penalty and that there's no need to seek punitive damages.
Week 5
The jury starts deliberating Monday. Days pass and the jury is still deadlocked at 8-4.
There is a juror swap on May 17.
Still no verdict after May 18.
Week 6
On May 21, a verdict is scheduled to be announced at approximately 2:05 PM PST.
A verdict is reached and the jury finds for the NCAA, 9-3.
Expected Testimony
Live testimony
Angela Cretors, Peter Formuzis, Charles King, Brian P. Halloran, Todd McNair, Lynette McNair, Eleanor Myers, Phillip Smith, Patrick Rishe, Dennis Thomas, Rodney Uphoff, Elaina Whatley.
Video Testimony
Britton Banowsky, Shepard Cooper, Jim Elworth, Mark Emmert, Roscoe Howard, Richard Johanningmeier, Ameen Naijar, Patricia Ohlendorf, Josephine Potuto, Greg Salkey, Kathleen McNeely
All but six witnesses have been called by both the McNair and the NCAA. Those six witnesses are Formuzis, King, Smith, Whatley (McNair) and McNeely and Rishe (NCAA).
