Judge bars fired MSU coach Tucker's lawyers from releasing text messages
An Ingham County judge granted a temporary restraining order against fired Michigan State football coach Mel Tucker and his lawyers, prohibiting Tucker's legal team from releasing additional text messages from a cell phone that lawyers for sexual-assault victim and advocate Brenda Tracy say were obtained illegally.
Tracy filed the complaint, along with her company, Set The Expectation, on Friday, and the order was granted by Ingham County Circuit Court Judge James S. Jamo.
Tucker, accused of sexual misconduct and harassment by Tracy, is named as a defendant along with his attorney, Jennifer Belveal, and Agustin Alvarado, court records show.
The documents were released by the court to The Detroit News on Tuesday, after a Freedom of Information Act request.
A hearing is scheduled for Oct. 17 at 10 a.m. before Judge Wanda Stokes.
The legal action came one day after Tucker's attorneys sent a letter to MSU leadership and released 98 pages of what they called "newly discovered evidence," including several text messages between Tracy and Ahlan Alvarado, a close friend of 20 years and personal assistant, who recently died following a car crash. Agustin was Ahlan's husband, whom Tracy's team says provided Tucker's legal team with her cell phone.
Tucker's lawyers said they were in possession of about 20,000 additional documents, and said there was no way they could put all of them into that one letter, suggesting that they were willing to release more in the future.
The judge's order said Tucker's legal team is prohibited "releasing, possessing, using, distributing, retaining any messages, calls, text, emails, and any other data and/or information from Ahlan Alvarado's cellphone ... relating in any way to ... Brenda Tracy, LLC, Set the Expectation LLC, its board, members, directors, officers, agents, associates, organizers, employees, clients, and/or sexual assault victims with whom they are associated."
Lawyers for Tracy filed the motion late last week, arguing the acquisition of the cell-phone records violates Michigan's eavesdropping statutes.
In an affidavit, Tracy said the release of text messages between her and Alvarado "puts outside parties at risk," given that Alvarado's cell phone includes business records, Tracy's calendar, and information between Tracy and the universities she has contracts with, plus correspondence with sexual-assault victims.
"I am gravely concerned about the mental health and safety of the individuals that have confided in me with the expectation of privacy and confidentiality," Tracy wrote in the affidavit.
Tucker was suspended last month after Tracy's allegations against him were first published in a USA Today report. He later was fired, athletic director Alan Haller said, for embarrassing the university and therefore breaching the terms of his $95 million, 10-year contract. MSU believes it is on solid ground to fire him for cause, meaning he would not be able to receive the approximately $80 million left on his deal.
Tracy, a rape survivor and sexual-assault victims advocate, was hired by MSU to talk to student-athletes, including the football team in 2021. She developed a friendship with Tucker and claims that he performed a sexual act while on the phone with her without consent in April 2022. Tucker admitted to having "phone sex" but claims it was consensual.
Tracy said Tucker's staff, at the coach's order, canceled a planned speaking engagement with her company, Set The Expectation, after the phone call. She filed a sexual misconduct complaint with MSU's Office of Institutional Equality in December. The office hired an outside lawyer to conduct the investigation, which lasted from March until July, and a Title IX hearing meant to determine if Tucker violated university policy took place Thursday.
Tucker did not participate in the hearing, which lasted about five hours, citing "a serious medical condition." His legal team, which also did not participate and instead sent the letter with what it called newly discovered evidence, to MSU president Teresa K. Woodruff and the MSU Board of Trustees. Tucker's legal team has declined to provide any details about Tucker's medical condition, which didn't keep him from coaching the first two games of MSU's season, before he was suspended.
The Title IX hearing officer in charge of the meeting is expected to release a finding by month's end.
In their letter sent to MSU leadership on Thursday, delivered about 15 minutes into the Title IX hearing, Tucker's attorneys cite text messages between Tracy and Alvarado to paint her as being financially motivated. They also claim Tracy was "personally" involved with a married, high-profile college basketball coach at the same time as her relationship with Tucker, and that Tracy attempted to delete "key" evidence from Ahlan Alvarado's electronic devices while Alvarado was in the hospital following the car accident. Tucker's legal team has claimed that the university overstepped by investigating Tucker's personal life and that they plan to sue for wrongful termination.
tpaul@detroitnews.com
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