Attorneys for Georgia Tech basketball coach Josh Pastner are asking a judge to dismiss a sexual assault counterclaim filed by an Oro Valley couple, saying that the coupleโs own statements indicate they fabricated the allegation.
In a motion filed Friday in Pima County Superior Court, Pastnerโs attorneys Scott Tompsett and Scott Palumbo asked the court to impose undisclosed sanctions against Ron Bell and Jennifer Pendley. The motion says the couple has refused to participate in the discovery process and several filings in the case are overdue.
Pastner filed a lawsuit against the couple in January, saying they tried to blackmail him for several months. In February, Bell and Pendley filed a counterclaim in which Pendley accused Pastner of sexually assaulting her in a Houston hotel room in 2016.
Josh Pastner said Jennifer Pendley, left, and Ron Bell tried to blackmail him. A countersuit filed by the couple fell apart when a witness recanted.
Last month, the coupleโs attorneys withdrew from the case, saying they believed that the couple exaggerated โ if not fabricated โ their sexual assault claim against the former Wildcat.
Bell and Pendley previously said they had a T-shirt that contained physical evidence of the assault, but refused to turn it over to their attorneys.
โThis โnoisyโ withdrawal by Bellโs and Pendleyโs counsel is extremely troubling,โ the motion states. โBell and Pendley utilized their lawyers and the legal process to further their scam, fraud and extortion of Pastner.โ
Pastnerโs attorneys also reviewed recorded conversations between the couple while Bell was in the Pima County jail earlier this year, which they say show that Pendleyโs sexual assault claim was โfalse and maliciously concocted,โ according to the motion.
Bell was in jail for a little more than 30 days before he was extradited to Georgia, during which the couple exchanged 247 phone calls and 37 video visits, the motion says.
During the phone calls, Bell repeatedly threatened to expose Pendleyโs false allegations against Pastner, according to a transcript from several calls and visits.
The motion asks the court to dismiss the counterclaim with prejudice, or at minimum order the couple to pay Pastnerโs attorneys fees for their failure to comply with the discovery process.
Bell declined the Starโs request for comment.
