A Pima County Superior Court judge ruled Thursday that the blackmail and defamation lawsuit filed by Georgia Tech basketball coach Josh Pastner against an Oro Valley man will proceed in full.
Judge Brendan Griffin said he believed a reasonable jury could conclude that there was actual malice committed against Pastner by Ron Bell in the case.
Bellโs attorneys had argued in court papers that Pastner will be unable to satisfy the heightened burden of proof โ malice โ that applies to a public person in a defamation case.
Bell has been locked in litigation with Pastner since February 2018, when Pastner filed a lawsuit against Bell and his fiancee, Jennifer Pendley, accusing the couple of unsuccessfully trying to blackmail him.
Bell and Pendley filed a counterclaim in which they accused Pastner of sexually assaulting Pendley in a Houston hotel room in 2016 and groping her on several subsequent occasions. Court documents said an eyewitness to one of the alleged groping incidents admitted during his deposition that he had lied about the incident. He said Bell and Pendley offered to pay him a portion of any settlement they obtained in the lawsuit, according to court documents.
Pastnerโs lawyers have also cited recordings from jailhouse phone calls between Bell and Pendley made last spring. Pastnerโs lawyers contend the couple appeared to admit fabricating the claims.
In December, Bell filed a motion for partial summary judgment in the case on all defamation-based claims relating to Bellโs statements that Pastner knowingly committed or condoned NCAA rules violations, saying the statements were justified. A summary judgment is a court order saying that no factual issues remain to be tried in a case and all or some of the causes of action in the complaint can be decided based on certain facts and without trial. Pendley was not included as a party to the motion.
The motion spent several pages outlining Bellโs claims of various NCAA violations by Pastner, a member of the UAโs 1997 national championship team and a former Wildcats assistant coach. Some alleged violations were made public during the 2016-17 basketball season, when two Georgia Tech basketball players were disciplined for receiving impermissible benefits.
Pastnerโs lawyers opposed the motion, saying it appeared it โwas not filed to be successful in obtaining summary judgment, but instead as a publicity stunt in furtherance of Bellโs ongoing defamation scheme to cost Pastner his job.โ
Bellโs attorney, Justin Niedzialek, said in court Thursday that text messages between Bell and Pastner show that Bell communicated with a recruit, a violation of NCAA guidelines, and that Pastner knew about it.
Scott Palumbo, one of Pastnerโs attorneys, argued that contacting a player isnโt the same as paying thousands of dollars in impermissible benefits, as Bellโs previous statements claimed.
Niedzialek cited the substantial truth doctrine, which says that a defendant can avoid liability if the gist or sting of their statement is true.
Griffin denied Bellโs motion for summary judgment Thursday, saying he didnโt think that Bellโs statements in his motion reflected the gist of all of the allegations in the complaint.
On Tuesday, Pastnerโs lawyers filed a supplement to the response citing new evidence. An NCAA notice of allegations letter sent to Georgia Tech last week contends Bell provided impermissible benefits to basketball players and had impermissible recruiting contacts with one student-athlete in violation of NCAA rules.
The notice of allegations does not say that Pastner violated any NCAA rules, โnor does it allege or suggest that Pastner was aware of or knew of Bellโs alleged violations,โ according to the supplement.
โThe NCAA ... found that Bell, not Pastner, violated NCAA rules relating to impermissible benefits being provided to student-athletes,โ the supplement says, adding that the jury should be able to use the NCAAโs finding to determine whether Bell defamed Pastner when he publicly said that Pastner knew about and condoned Bellโs behavior.
โJosh cooperated fully with the NCAA investigation and he has not been charged with any violations,โ said Scott Tompsett, Pastnerโs lawyer.
In late February, Bell filed a separate lawsuit against Pastner, Tompsett and Palumbo, accusing them of abuse of process, aiding and abetting and civil conspiracy. The lawsuit says that the men have used โa number of legal processesโ to interfere with Bellโs ability to defend himself against Pastnerโs claims, and made false statements in an attempt to vilify Bell.
Last week, lawyers for Pastner, Tompsett and Palumbo sent a letter to Niedzialek, requesting that the lawsuit be dismissed within 10 days on the grounds that it was filed for an improper purpose. The letter also said that the lawsuitโs claims are โnot supported by existing, non-frivolous lawโ and that the suit is an attempt to manufacture a conflict of interest between Pastner and his attorneys.
The letter says if the lawsuit isnโt dismissed, attorneys will pursue sanctions against Bell and Niedzialek.
