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June 10, 2008
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Judge's Pretrial Rulings Of Motions Favor Sonics Owners

Pretrial Rulings Favor Sonics In Lease Dispute
U.S. District Judge Marsha Pechman handed Sonics Owner Clay Bennett some “early legal victories Monday, denying several motions by the city of Seattle to limit evidence Bennett’s attorneys can use at trial,” according to Jim Brunner of the SEATTLE TIMES. Pechman ruled that the Sonics “can offer evidence of the time and money Bennett spent trying to secure a local arena deal as part of its defense.” Sonics attorneys also can “introduce evidence of ‘dysfunction’ between the city and team, as well as a January poll that showed two-thirds of Seattle-area residents wouldn’t care if the team leaves for Oklahoma City.” Pechman “did grant the city one small victory -- ruling that author Sherman Alexie can testify as a witness in the June 16 trial.” Alexie is a Sonics season-ticket holder who is “expected to testify on the team’s importance to Seattle.” However, Pechman ruled that KJR-AM host Mitch Levy “cannot testify because the city added him to the witness list too late.” Sonics attorneys also will be “allowed to present evidence of what they’ve called ‘a Machiavellian plan’ by city leaders to pressure Bennett’s ownership group … into selling the team to local investors led by Microsoft CEO Steve Ballmer” (SEATTLE TIMES, 6/10). Pechman also “denied the city’s motion to exclude evidence related to a [Sonics ownership] survey showing a lack of support for the Sonics in comparison with the Seahawks and Mariners in Seattle.” Of the six pretrial motions filed by the two sides, the city only succeeded on including Alexie on the potential witness list. Seattle-based attorney Randy Aliment, who is not involved in the case, said, “This doesn’t mean the city has lost its case, just that they might have to try the facts a little differently than they’d have liked” (SEATTLE POST-INTELLIGENCER, 6/10). In ruling that Levy could not testify, Pechman said that his testimony “concerns media access to players, and is not directly related to pertinent issues surrounding the case.” Pechman also “decided not to rule on the city’s motion to exclude testimony from city council members Nick Licata and Richard Conlin” (Tacoma NEWS TRIBUNE, 6/10). 

WHAT'S THE ODDS? In Seattle, Percy Allen writes gambling Web site Bodoglife.com has set up prop bets on the city of Seattle's lawsuit against the Sonics and the chances the team will play in KeyArena next season. The Sonics are -400 favorites to win the trial, while the city is listed at +200. Bodog Sportsbook Manager Richard Gardner: "There's been a lot of action, but a lot more smaller bets than you would typically see on your usual props. ... I think that's just a reflection of how important the story is" (SEATTLE TIMES, 6/10).


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