Lawyer asks judge to issue order for evidence in BU scandal

(Baylor University photo/file)
(Baylor University photo/file)(KWTX)
Published: Mar. 28, 2017 at 3:21 PM CDT
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A Waco lawyer has filed a request with the federal court that could result in the Baylor Board of Regents and its law firm having to turn over documents that relate to the extensive review of the school’s handling of sexual assaults involving athletes.

Waco attorney Jim Dunnam, represents several “Jane Doe” clients who have filed lawsuits against Baylor University.

He is asking for an order that would require regents and the Pepper Hamilton Law Firm, of Philadelphia to turn over all documents, recordings and electronic communications that relate to the Pepper Hamilton investigation into sexual assaults on the campus and all responses from regents to the law firm investigators.

Dunnam represents 10 plaintiffs in the lawsuit against the university.

“Every time you see them in the news Baylor’s board says they’re being transparent,” Dunnam said.

“We’re beginning the discovery phase now and we need to get that information,” Dunnam said.

“We’re trying to find out who made the decisions (in this matter),” Dunnam said

“No one should object to hearing the truth,” he said.

The subpoena duces tecum, as it’s called, seeks documents or records or communications relating to Pepper Hamilton’s work for Baylor beginning in 2015 to the present including all information obtained from the Advocacy Center of Waco; all information obtained from the McLennan County District Attorney’s Office; all information obtained from Waco Police Department; all information obtained from the Baylor Police Department; all information obtained from the McLennan County Sheriff’s Department; all information obtained from Cenikor; all information obtained from Baylor University and all information obtained from any other third party.

The subpoena calls for the items to be delivered to Dunnam’s office no later than April 24.

Dunnam said the papers will be served on the defendants, after which they may choose to object to the order, but if the district judge sustains the plaintiff’s request, Baylor and Pepper Hamilton will be under a federal court order to produce the items requested and would be held in contempt of federal court should they fail to do so.

Pepper Hamilton has said it did not produce any written report for the board, but lawyers for defendants suing the university over the issue say they don’t believe that.