From: Tysiac, Ken Sent: To: Cc: Subject:
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1 From: Tysiac, Ken Sent: To: Cc: Subject: Wednesday, September 15, :01 PM Baddour, Richard A; Question about steps UNC took to acquire John Blake's text messages Leslie: I hope you are well. I'm writing to gain clarification about what steps the university took to seek former associate head football coach John Blake's ceil phone text messages after Biake's connectionsto sports agent Gary Wichard and potential NCAA violations were first reported in the media on Aug. 9 and Aug. 10. In the exchange below, Stabile writes that Verizon would only gather and/or release text records if presented with a valid subpoena or court order. Did the university try to get a subpoena or court order in order to acquire these text messages? If not, why not? The university has pledged to leave no stone unturned in this investigation, it seems that attempting to obtain those text messages would be part of that process. Please call me at or to explain what steps the university took to acquire those records. Thank you. Ken Tysiac The Charlotte Observer and Raieigh News & Observer From: acuriiss [mailto:acurliss@newsobserver.com] Sent: Wed 9/15/ :22 AM To: Tysiac, Ken; robbi.pickeral@newsobserver.com Subject: Fwd: Re: follow-up documentation (public records requested 8/5/10 and modified 9/2/10) Original Message Subject:Re: foliow-up documentation (public records requested 8/5/10 and modified 9/2/10) Date:Wed, 15 Sep :07: Frormacurliss <acurliss@newsobserver,com> To.'Stabile, <regina stabile@unc.edu> i
2 Thanks for your response. Not to put too fine a point on it, but are you saying that UNC sought the text messages for its own phone and was denied? Curliss Raleigh, N.C, o; f: e: acurliss@newsobserver com i ; blogs.newsobserver.com/investigations On 9/14/2010 5:56 PM, Stabile, wrote: Dear - I write in response to your request below seeking clarification about my written statement "the University does not have any documentation regarding text messages". The University neither has copies of nor access to any text records. When we contacted the appropriate staff at Verizon we learned that they will only gather and/or release text records if presented with a valid subpoena or court order. Reg'ma J. Stabile, ID. Director, institutional Records and Reporting Compliance Office of University Counsel The University of North Carolina at Chape! Hill UOBynum Hall, Campus Box unc. edu/depts/legal/ Direct Line: Main Office Line: Facsimile: Electronic Mail: regina stabiie@unc.edu From: acuriiss froailto:acurliss(5>newsqb$erver.cornl Sent: Tuesday, September 14, :05 PM To: Stabile, Cc: iperez(5>newsobserver.com Subject; Re: foliow-up documentation (public records requested 8/5/10 and modified 9/2/10) Thanks.
3 In regard to your sentence about text messages, please clarify. Are you saying that none exist? Or are you saying that they are not now in UNC's possession? If text messages exist, then the request is that any copies be retrieved and provided. That is, our request still covers test messages that were sent to or from a state-owned cellular phone and, as such, the records of those text messages should be provided. Again, please advise. cc: Lorenzo Perez Curliss Raleigh, N.C. o: f: e: acurlissqnewsobserver.com i : blogs.newsobserver.com/investigations On 9/14/2010 2:03 PM, Stabile, wrote: Dear Mr. Curliss- Please see the attached pdf, which consists of a letter from me and the documentation referenced in that letter (in all, 44 pages / just under 140 KB). As mentioned in my letter, I am continuing to process your other requests and will follow up when I am able to provide additional responsive public record documentation. J. Stabile, J.D. Director, Institutional Records and Reporting Compliance Office of University Counsel The University of North Carolina at Chapel Hill 110 Bynum Hail, Campus Box Direct Line: Main Office Line: Facsimile: Electronic Mail: reaina stabiie@unc.edu 3
4 From: Sent: To: Subject: strohrn Thursday, September 16, :10 AM Thorp, Hoiden FW: Question regarding steps UNC took to acquire John Blake's text messages Fyi. From: strohrn Sent: Thursday, September 16, :53 AM To: 'Tysiac, Ken 1 Subject: RE: Question regarding steps UNC took to acquire John Blake's text messages Ken, The University and John Blake are not involved in litigation. There's no legal basis to subpoena the text message records from Verizon. Thanks. Leslie From: Tysiac, Ken [mailto:ktysiac@charlotteobserver.com] Sent: Wednesday, September 15, :09 PM To: strohm@ .unc.edu Subject: Question regarding steps UNC took to acquire John Blake's text messages Leslie: I hope you are well. I'm writing to gain clarification about what steps the university took to seek former associate head football coach John Blake's cell phone text messages after Blake's connections to sports agent Gary Wichard and potential NCAA violations were first reported in the media on Aug. 9 and Aug. 10. In the exchange below, Stabile writes that Verizon would only gather and/or release text records if presented with a valid subpoena or court order. Did the university try to get a subpoena or court order in order to acquire these text messages? if not, why not? The university has pledged to leave no stone unturned in this investigation. It seems that attempting to obtain those text messages would be part of that process. Please call me at or to explain what steps the university took to acquire those records. Thank you. Ken Tysiac The Charlotte Observer and Raleigh News & Observer i
5 From; acuriiss Sent: Wed 9/15/ :22 AM To: Tysiac, Ken; Subject: Fwd: Re: follow-up documentation (public records requested 8/5/10 and modified 9/2/10) Original Message SubjectrRe: follow-up documentation (public records requested 8/5/10 and modified 9/2/10) Date:Wed, 15 Sep :07: Fronvacurliss To:Stabile, <regina Thanks for your response. Not to put too fine a point on it, but are you saying that UNC sought the text messages for its own phone and was denied? Curliss Raleigh, N.C. o: i: e; acurliss@newsobserver com i : blogs.newsobserver.com/investigations On 9/14/2010 5:56 PM, Stabile, wrote: Dear - I write in response to your request below seeking clarification about my written statement "the University does not have any documentation regarding text messages", The University neither has copies of nor access to any text records. When we contacted the appropriate staff at Verizon we learned that they will only gather and/or release text records if presented with a valid subpoena or court order. J. Stabile, J,D. Director, Institutional Records and Reporting Compliance Office of University Counsel The University of North Carolina at Chapel Hill 110 Bynum Hall, Campus Box unc. edu/depts/legal/ 2
6 Direct the: Main Office Line: Facsimile: Electronic Mail: regina From: acuriiss Sent: Tuesday, September 14, :05 PM To: Stabile, Cc: Subject: Re: foliow-up documentation (public records requested 8/5/10 and modified 9/2/10) Thanks. In regard to your sentence about text messages, please clarify. Are you saying that none exist? Or are you saying that they are not now in UNC's possession? If text messages exist, then the request is that any copies be retrieved and provided. That is, our request still covers test messages that were sent to or from a state-owned cellular phone and, as such, the records of those text messages should be provided. Again, please advise. cc: Lorenzo Perez Curliss Raleigh, N.C. o; f: e: acurliss@newsobserver.com i : blogs.newsobserver.com/investigations On 9/14/2010 2:03 PM, Stabile, wrote: Dear Mr. Curliss- Please see the attached pdf, which consists of a letter from me and the documentation referenced in that letter (in ail, 44 pages / just under 140 KB). As mentioned in my letter, 1 am continuing to process your other requests and will follow up when I am able to provide additional responsive public record documentation. J. Stabile, J.D, Director, Institutional Records and Reporting Compliance 3
7 Office of University Counsel The University of North Carolina at Chapel Hill 110 Bynum Hall, Campus Box 9105 h ttp:// edu/depts/legql/ Direct Line: Main Office Line; facsimile: Electronic Mail: regina stabile@unc.edu
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