LUBBOCK, TX (KCBD) - An attempt to obtain documents from Texas Tech University related to former Head Football Coach Mike Leach is now being battled out in court.
Leach hired Dolcefino Consulting, a firm out of Houston, to dig up information related to his firing.
President of the firm, Wayne Dolcefino, sent dozens of open records requests to the university, who refused to produce the documents, for reason stated in court on Thursday afternoon.
Dolcefino filed a lawsuit against the university for failure to comply with the Texas Public Information Act Request. For an hour and a half, attorneys went back and forth arguing points related to jurisdiction, unauthorized charges and word games.
Michael Hurst and Julie Pettit are representing Dolcefino.
On Thursday, they told the court Dolcefino requested documents for the complete nine-year-old investigation into Mike Leach's firing. That request was denied.
Texas Tech University's attorney told the court that is because documents for a "complete" investigation do not exist because the investigation was interrupted years ago.
The judge then asked Texas Tech's attorney if the university was word picking when it came to "complete," saying he would be very disappointed to learn the university did have an investigative report, but refused to produce it.
"Completed is when it is finished. That means nothing else is being done on it. The judge seemed to hone in on the very issue," Hurst said. "Which is when you are not doing anything else on an investigation, is it completed? Is it done? Of course it is."
"The judge also asked if the investigation was ongoing. I don't believe there was ever an answer. So, if it still is ongoing, I'm really looking forward to finding out what the results of that nine-year investigation really are," Pettit said.
"I think we can establish nobody at Texas Tech is doing anything else about this, so caught it up," Dolcefino said.
Dolcefino has sent 45 open records requests to the university and argues that Tech is creating unauthorized charges.
Tech's attorneys argued the opposite, but said if there is a complaint regarding how it is handling open records requests, it needs to be handled by the Attorney General's office.
However, Dolcefino's attorneys disagree.
"On one hand, they say this whole case should be dismissed for want of jurisdiction. On the other hand, I've heard the attorney general say specifically that the court has jurisdiction over some of these requests right here, right now," Hurst said.
The attorneys representing Texas Tech declined to comment following the hearing.
We will let you know when the judge rules on this case.