Leo Lewis denies Rebel Rags' allegations in court filing
Mississippi State linebacker Leo Lewis firmly denied Rebel Rags' accusation that he knowingly provided false information during the NCAA investigation process into Ole Miss' football program.
John Wheeler, Lewis' lawyer, also argued in response to Rebel Rags' suit that the retail clothing store's complaint is unsubstantiated and the case's venue should not be in Lafayette County. Wheeler requested that Lewis be severed from the other defendants, MSU player Kobe Jones and Lindsey Miller, Laremy Tunsil's estranged stepfather.
“You can’t stand to recover damages for defamation when you self-publish a defamatory or alleged defamatory comment," Wheeler told The Clarion-Ledger. "It’s important to remember that the truth is absolute defense to any claim of defamation. Always has been, always will be.”
The three counts in the lawsuit, which was filed last month, are defamation, commercial disparagement and civil conspiracy. Charles Merkel, who is representing Rebel Rags, said he received Lewis' response on Tuesday.
In Rebel Rags' complaint, it argued Lewis arranged multiple meetings with NCAA officials and at the urging of one of the John Doe defendants and "intentionally, maliciously and/or with reckless regard" provided false statements to the NCAA's enforcement staff.
"Defendant Lewis untruthfully alleged that he had previously obtained free merchandise through a scheme to circumvent NCAA regulations prohibiting such action involving prospective student-athletes," the complaint stated.
Rebel Rags alleged that Lewis and the others made those false statements knowing it would cause the store financial loss.
Wheeler contends that Lewis' participation, if any, was a compulsory and confidential interview with NCAA investigators; it wasn't an optional circumstance. Assuming Lewis participated in the investigation, Wheeler added Lewis didn't publish any information about the interviews and the substance was confidentially covered with redacted names and the use of John Does.
"The only publication of any alleged statement by Leo Lewis has been made by Rebel Rags itself," Wheeler said.
"I really can’t speak to whatever communication, if any, that Leo Lewis has had during the course of his compulsory, confidential participation in the investigation of the University of Mississippi football program and I can tell you he did not knowingly provide false information to anyone in the investigative process."
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From a procedural standpoint, in Wheeler's view, there is no legal basis for the claim to be in Lafayette County because Lewis lives in Starkville and the action in question — Lewis' alleged interviews with NCAA investigators — occurred in Starkville.
Merkel said he received a response from Jones' attorney, Chris Shapley, around noon Wednesday. According to Merkel, Jones' response was similar in nature to Lewis'.
Miller's attorney, Matthew Wilson, filed a motion to dismiss last week.
Depositions are scheduled for Lewis and Jones for July 19, but there's a strong belief those will be delayed.
Dan Mullen told The Clarion-Ledger on Tuesday that barring injury, he "absolutely" expects Jones and Lewis to be available for every game this season.