Knight public-records case likely to be delayed

The Morgan County judge who will preside over a case to decide whether IU must release a report that led to the firing of former men's basketball coach Bob Knight is likely to postpone the IU case to hear another criminal one.\nSpecial Judge Jane Spencer Craney indicated to The Associated Press during the weekend that, barring any complications, the IU case might be delayed for the trial of Morgantown, Ind., resident Aaron Neal, 44, charged with robbery, burglary and assault. Neal has requested a speedy trial.\nNo date was given for a possible rescheduled hearing.\nFormer IU President Myles Brand, former IU board of trustees President John Walda and current trustees President Fred Eichhorn were subpoenaed to provide testimony Wednesday about the roles they played in Knight's firing.\nBrand, now president of the NCAA, terminated Knight in 2000 after violating a "zero tolerance" behavior policy.\nWalda and Eichhorn -- both IU trustees at the time -- were asked to investigate the incident. They released their findings in summary form, but the University refused access to notes pertaining to their investigation.\nThe Indianapolis Star filed a lawsuit under Indiana's Access to Public Records Act in October of 2000. IU contends Walda and Eichhorn, both attorneys, were acting in their capacities as lawyers for the University when they prepared the report for Brand. As the product of attorney work, their notes are privileged information, spokesman Larry MacIntyre told the Indiana Daily Student Friday.\nWednesday's hearing was to decide whether the report for Brand was prepared by Walda and Eichhorn in their capacities as attorneys or in their capacities of trustees.\nIU counsel Dorothy Frapwell is also scheduled to testify.\nCraney ruled in November 2001 that IU did not have to release the documents related to Knight's firing because they were "education records," which contained information about students that must be kept private under federal law.\nThe Indianapolis Star appealed, and the Indiana Court of Appeals sent the case back saying IU might have to turn over the Walda-Eichhorn report if they were acting as trustees and not attorneys.\nAll Monroe County judges have recused themselves from the case.