Attorneys for Mel Tucker, Brenda Tracy agree on matter of cellphone messages
MASON — Attorneys for former Michigan State University football coach Mel Tucker and Brenda Tracy, the woman who reported him for sexual harassment, agreed to an order limiting what information from a cellphone could be released.
Issued Thursday, the Ingham County Circuit Court order prevents the release of health information about sexual assault, harassment or gender discrimination victims’ communications to the extent it exists on a phone owned by a friend of Tracy’s, who has since died.
The order also bars the release of information that would identify sex assault survivors or the identities of people who may have had a romantic or sexual relationship with either Tracy or Tucker.
Additional measures in the order relate to the destruction of materials in certain email or dropbox accounts on the phone but includes a provision that Tracy preserve such information as possible evidence.
Finally, the order indicates that “any data images of the phone” will be destroyed and no additional text messages between Tracy and her friend, Ahlvan Alvarado, will be disclosed unless ordered by the court.
Another hearing is scheduled for February.
On Oct. 5, the day of a key hearing in the sexual harassment case, Tucker’s legal team released pages of text messages between Brenda Tracy and her friend Ahlan Alvarado, who later died. Tucker’s attorneys say the messages show Tracy had a personal relationship with Tucker that was consensual.
Tracy sought a court order preventing Tucker’s team from releasing additional messages, arguing further releases would include sensitive or confidential matters that could cause irreparable harm. Tucker’s attorneys unsuccessfully attempted to move the matter to federal court, but the case was sent back to Stokes’ courtroom on Oct. 19.
Michigan State’s head coach Mel Tucker, right, signs autographs for fans on Saturday, April 16, 2022, during the spring game at Spartan Stadium in East Lansing. At left is honorary caption Brenda Tracy, sexual violence prevention educator.
More: Couch: Mel Tucker’s firing is a sad ending to a thrilling and frustrating era of MSU football, leaving big decisions ahead
In their legal filings leading up to Thursday’s hearing, Tucker’s attorneys summarized their position in three points. The first is that Agustin Alvarado, Ahlan Alvarado’s husband, is representative of her estate and therefore owns the phone. The second claim is that arguments from Tracy’s attorneys are legally deficient and aren’t likely to succeed on their merits.
Third, Tucker’s attorneys said there was no medical history or identifiable information of sexual assault survivors on the phone. And they proposed a protective order that would bar the release of any information on the phone that might include such sensitive information.
More: Personal text messages in Mel Tucker harassment case called largely irrelevant by experts
The legal fight over text messages comes about a month after USA Today published a story detailing a long-running sexual harassment investigation of Tucker by the university. The university suspended him without pay the same day the story was published and, on Sept. 27, fired him for cause.
Tucker — who denies any wrongdoing and said he and Tracy had a consensual, intimate relationship — has taken steps to file a lawsuit over his termination. According to his contract, signed in 2021, he was owed about $80 million in guaranteed money when he was fired.
More: The post-Mel Tucker era at Michigan State has begun. Experts say ugly, expensive litigation likely
On Wednesday, the MSU hearing officer hired to adjudicate the sexual harassment proceeding issued a 73-page report that found Tucker responsible for violating the school’s sexual harassment policy. He has 10 business days to file an appeal.
USA Today reporter Kenny Jacoby contributed to this story.
Contact reporter Matt Mencarini at 517-377-1026 or mjmencarini@lsj.com. Follow him on X, formerly known as Twitter @MattMencarini.
This article originally appeared on Lansing State Journal: Attorneys for Mel Tucker, Brenda Tracy agree on matter of cellphone messages
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