I must advise most strongly that any repeated action on the part of NCAA by their officials or designated investigators into the private affairs and lives of Mr. Wright or Mr. McKinney will be met with immediate court action for injunctive relief and damages.

I trust this explanation of Mr. Wright's and Mr. McKinney's positions is fully understood.

15 days.

I will expect to receive your reply and investigation report within

Please be advised that I have been retained by Clarence Wright to represent him in all matters relating directly or indirectly to an investigation of him by the NCAA.

In accordance with your prior correspondence, I understand that Mr. Wright's attendance at the NCAA Council hearing, with counsel, has already been approved. As Mr. Wright and I do wish to attend and observe the discussion related to him, please advise if there is anything we need further do, or of any additional notice necessary to preserve his ability to be present and attend the hearing.

Additionally, Mr. Wright advises that Mr. Ron Stratton
of your investigative staff, while in Oklahoma City, ́mis-
represented himself to obtain access to Mr. Wright's airplane,
that Mr. Stratton went on the plane and after he left Mr. Wright's
plane log and guest book were gone and have been missing since.
Therefore, I have been directed by Mr. Wright to make demand on
the NCAA that they immediately return his plane's flight log and
guest book.

Your assistance in this matter will be greatly

appreciated.

LJT: wh

acerely.

Sincere

Langsomme Tyree

LANA JEANNE TYREE

Mr. LENT. This letter says, "Dear Commissioner Byers. Recently two investigators for the NCAA appeared in Oklahoma City at the Wiley Post Airport where they interviewed personnel of Sky Sales and Services."

Can you tell us whether it is your understanding that there were two investigators who looked at that airplane or one?

Miss TYREE. It is my understanding that there was one that we know about and that can be identified. It was Mr. Stratton.

Mr. LENT. The affidavit of Neal Burgtorf, which you submitted to us, refers to one.

Miss TYREE. That is correct.

Mr. LENT. Yet, on October 1, 1975, the then attorneys for Clarence Wright indicated there were two investigators.

Miss TYREE. Apparently, they had been led to believe that there had been two.

Mr. LENT. In reading this letter, and I shan't read it because it is quite lengthy, there is no indication at this point that these logbooks were removed, or were missing from the airplane. Can you explain that?

Miss TYREE. No. I can't explain that. I don't

Mr. LENT. When was the first time that the complaint about the missing logbooks was raised? How long between the time of the search of the airplane-it really wasn't a search-but the look at the airplane which took place in September or October of 1975, and the missing logbooks?

Miss TYREE. I don't know, Congressman. I honestly do not know whether Mr. Wright had any conversations with anybody about it prior to the time that I represented him. But immediately upon my having represented him and engaged in correspondence with the NCAA, I did take an opportunity to so inform them. That is the only time that I have knowledge of, but I do not want to exclude the possibility that Mr. Wright might have talked with them previously.

Mr. LENT. Your letter of November 7, 1977, which was 2 years after the first complaint made by Clarence Wright's first firm of lawyers; that is, in there you raise the question of the missing logbook and guestbook as being missing.

Why is it that the question of the missing logbook was never raised, if it was a missing logbook, for more than 2 years after the investigation? Have you any explanation to offer the committee?

Miss TYREE. Congressman, I previously stated that I do not know that it wasn't previously raised. All I know is when I made written demand. I cannot say that it was not previously raised because it was around this time that I commenced the representation of Clarence Wright. I don't know what he did in the time that preceded by representing him.

Mr. LENT. So far as you know, and I assume you made some sort of an investigation and talked to the people who were involved, there was no intervening complaint about the missing logbook for a period of 2 years, between the time of the look at the airplane and the time you wrote this letter on November 7, 1977 to Mr. Byers. Is that correct? You know of no other

Miss TYREE. I know of no other, but I don't know that there wasn't any other.

Mr. LENT. Were you told by anyone in your investigation-I haven't really had a chance to digest this lengthy affidavit of Neal Burgtorf and maybe it's in there-but are you aware of the fact that an employee of the airport accompanied Mr. Stratton at the time that he looked at the Wright airplane?

Miss TYREE. I know that one accompanied him to show him where the plane was and, I believe, to grant him access.

Mr. LENT. Do you know what his name was?

Miss TYREE. No, I do not. I have not talked to any of the people at the airport, personally.

Mr. LENT. Did Mr. Burgtorf or anyone else tell you that they were not there all the time that Mr. Stratton was present looking at this airplane? They were constantly accompanied

Miss TYREE. It is my understanding that the people at the airport related to Mr. Wright that Mr. Stratton was not accompanied while he was on the airplane.

Mr. LENT. Did Mr. Stratton enter the airplane, insofar as you are aware, or did he merely stand on the outside of the airplane? Possibly on the step?

Miss TYREE. It is my understanding that he entered the airplane. It is my further understanding that he previously testified to that before the committee on infractions and then changed his mind in the hearing. I cannot confirm that because I cannot hear those tape recordings.

Mr. Moss. The Chair will ask concurrence by the committee in a requirement that those transcripts be delivered to this committee. Are there objections?

Hearing none, such will be the order.

Without objection, the hearing will remain open at this point to receive these transcripts.

[The tape recordings are on file with the Oversight and Investigations Subcommittee.]

Mr. LENT. Miss Tyree, are you aware of the fact of what the purpose of the look at the airplane was; that is, why Mr. Stratton was there?

Miss TYREE. I can surmise what he would assert would be his purpose, but it would only be speculation on my part.

Mr. LENT. Give me the benefit of your speculation, because it is my understanding that he was there for a particular reason. Why don't you tell us what you think?

Miss TYREE. He was there to go on Clarence Wright's airplane to see if he could obtain any evidence. That would be my speculation. Mr. LENT. Evidence of what?

Miss TYREE. Anything that would lead him to believe that Mr. Wright had been involved in anything that would constitute a violation of the NCAA rules.

Mr. LENT. Like transporting a student-athlete from one city to another?

Miss TYREE. I can only assume so, Congressman. That is both your and my guess, I would say.

Mr. LENT. Are you aware in any way of the fact that this particular airplane was but one in a stable of airplanes that Mr. Wright owns? Miss TYREE, I don't know how many airplanes Mr. Wright owned at the time.

Mr. LENT. Just one?

Miss TYREE. He has owned different planes at different times, I anı sure at times he would own more than one.

Mr. Moss. Do we know? The Chair was unaware of that.

Mr. LENT. The only way I can elicit

Miss TYREE. I don't know that Mr. Wright has a stable of airplanes. If he does, I will certainly increase my fees.

Mr. SANTINI. I think the expression is, "bevy of airplanes."

Mr. Moss. Maybe a "covey." Maybe you could call it a "pride." Mr. LENT. Are you aware of the fact that this particular airplane that Mr. Stratton looked at was-and everyone knew this-not the airplane that was allegedly involved in the illicit transportation of student-athletes?

Miss TYREE. No, I am not aware of that because there, again, I do not have any knowledge of which specific plane they were alleging that Mr. Wright did anything in. I do not know.

Mr. LENT. Who told you about the missing logbook and guest book from the airplanes 2 years after

Miss TYREE. Mr. Wright and Mr. Wright's pilot.

Mr. LENT. So you did have a talk with Mr. Wright and Mr. Wright's pilot?

Miss TYREE. I never denied that I talked with Mr. Wright. I could not say who else Mr. Wright had talked to. I have talked to Mr. Wright a lot.

Mr. LENT. I have no further questions.

Mr. Moss. Mr. Marks?

Mr. MARK. I have no questions.

Mr. Moss. I have some questions and I might say, at the outset, that when I finally agreed to institute this inquiry, it was because of the conviction that there was, or appeared to be, an amazing lack of due process available for those who became involved with the NCAA.

I was reluctant to take it on at this time because I had before this committee a very heavy schedule of work in other directions. I had some 70 of my colleagues request that I consider preliminary evidence and, on the basis of that, determined to go ahead.

I determined to go ahead because I found strange, indeed, the proceedings that were regularly employed or appeared to be regularly employed in determining the guilt or innocence of people. I am amazed, Mr. Lent, to learn that we have before us evidence that Mr. Wright was found guilty. I cannot find any evidence that Mr. Wright was ever found guilty in an appropriate tribunal, of anything.

As a matter of fact, I do not find any evidence that he was ever afforded the right to be heard.

I would dislike extremely the idea that I could be found guilty, or be branded as guilty, or be branded as a person who had engaged in improprieties when I had no specific detail as to the nature of the improprieties, nor an opportunity to appear, and know fully the nature and have the opportunity to refute them.