Michael Oher is back on the legal offensive.
On Monday, the former Briarcrest Christian star, whose life story was the basis for the Academy Award-nominated “The Blind Side,” filed a new motion (obtained Wednesday by The Commercial Appeal) in Shelby County probate court. It alleges that Sean and Leigh Anne Tuohy − who were appointed his conservators in 2004 − have never filed “a single accounting,” despite being required by law to do so annually.
The Tuohys have “flagrantly disregarded their statutory and fiduciary duties to (Oher) for over 19 years,” the motion reads in part. Oher, a star offensive lineman at Ole Miss from 2006-09, “has been kept in the dark, forced to rely on the verbal assurances from” the Tuohys.
Oher’s most recent legal filing is an effort to have the Tuohys provide a court-ordered accounting within 14 days. Oher’s lawyers also requested the court allow a 180-day discovery period once the Tuohys file their “first ever accounting in this conservatorship.” They also requested Monday that a jury trial be held within 90 days of the discovery period “on all disputed issues of fact.”
Last week, Randy Fishman and Steven Farese Sr. (two of the Tuohys’ three-person legal team) told reporters their clients entered into a conservatorship with Oher only to “make him part of the family,” giving him the opportunity to attend Ole Miss (where Sean is considered a booster) without violating NCAA rules.
“After that, nobody really gave a damn,” said Fishman.
Fishman also said there’s a reason no accounting ever was filed.
“They were appointed conservator of the person. There was no estate for which to file accounting for,” he said. “(Oher) did all his own finances. He entered his own contracts. Hired his own agents. The Tuohys have never had to sign off on any of that. He’s done that all himself.”
Oher’s motion is the latest development in his attempt to have the conservatorship terminated. On Aug. 14, he filed a petition in probate court also requesting the Tuohys be prevented from using his name, image and likeness, while also forcing the family to pay him all money that should have been his, plus interest.
TUOHY ATTORNEYS:Michael Oher received $100K in ‘The Blind Side’ profits, same as everyone in family
The Tuohys say they received about $500,000 of the proceeds from “The Blind Side” and that they divvied it up evenly among themselves, their two biological children (SJ and Collins) and Oher.
The Tuohys’ attorneys have called Oher’s legal maneuvering as his most recent attempt at a “shakedown.” They said he has made threats in the past “about what he would do unless they paid him an eight-figure windfall.”
“We believe that to be correct and will be shown in court through text messages,” said Farese.
Reach sports writer Jason Munz at [email protected] or on Twitter @munzly.