Sonics Attorneys Expose Plan Intended To Force Bennett To Sell
 |
Sonics Attorneys Use Some Of Walker's E-Mails
To Show Effort To Force Sale Of Sonics |
Sonics lawyer Brad Keller Friday in the Sonics-Seattle lawsuit over the team's KeyArena lease spent much of the day "hurling mud" at former Sonics President Wally Walker, revealing a series of previously unseen e-mails between Walker, former U.S. Sen. Slade Gorton, Seattle developer Matt Griffin and others "outlining a plan designed to use the lawsuit as part of a campaign forcing" Sonics Owner Clay Bennett to sell the team, according to Greg Johns of the SEATTLE POST-INTELLIGENCER. Keller built a "provocative case centered on a 45-page PowerPoint presentation" created by Mike McGavick, Gorton's former campaign manager and Chief of Staff. The presentation, titled "The Sonics Challenge: Why a Poisoned Well Provides a Unique Opportunity," details a "carefully crafted plan that states that 'the critical path is to separate the NBA from the Oklahomans.'" The presentation also "suggests using a 'pincer movement: increasing the Oklahomans' costs in an unpleasant environment while increasing the league's belief that an alternative solution gains it a good new owner and keeps it in a desirable market." Seattle attorneys said that Walker and Gorton, who works for the K&L Gates law firm representing the city in the case, were "operating as private citizens hoping to keep the [Sonics] in Seattle, and the city has a right to use the lawsuit to enforce its lease with the Sonics" (SEATTLE POST-INTELLIGENCER, 6/21). In Seattle, Percy Allen noted after Seattle attorneys earlier in the week sought to "demonize Bennett for acting in bad faith, Sonics attorneys on Friday turned the tables." Sonics attorneys said that the e-mails and presentation reveal a "'poisoned well' plan that they say link the city, its attorneys and potential local buyers of the team in a 'Machiavellian' conspiracy to force" Sonics owners to sell. The documents "mention an effort to 'increase pain' for [Bennett] and the other Sonics owners" (SEATTLE TIMES, 6/21). In Tacoma, Eric Williams reported Sonics attorneys released "more than 700 e-mails written by Walker." Sonics lawyers argued that the group "worked to create a wedge between [Sonics owners] and the NBA." Walker said that the group was "not trying to hurt Bennett's group financially, but simply worked to figure out a way to keep the Sonics from leaving town." Walker after his testimony said, "If Mr. Bennett was going to keep the team here, it was all moot. It certainly wasn't sinister. All we were trying to do is have a plan if the current ownership group doesn't want to take advantage of the opportunity here" (Tacoma NEWS TRIBUNE, 6/21).
NEXT STEPS: Seattle City Councilman Nick Licata took the stand after Walker, and he will return to the stand when proceedings resume Thursday. Seattle plans to call one rebuttal witness, Deputy Mayor Tim Ceis, when Licata's testimony concludes, and both sides then will offer closing arguments. Ceis after Friday's proceedings indicated that he "thought things were going well for the city." Asked if there might be settlement talks before closing arguments, Ceis said that he "hadn't talked to Bennett's representatives since an October meeting in New York and didn't expect to do so in the coming days" (SEATTLE POST-INTELLIGENCER, 6/21).
 |
Writer Feels Gorton's Passion To Keep Sonics
In Seattle Undermining City's Case In Lawsuit |
SCORE ONE FOR SONICS: The SEATTLE TIMES' Allen wrote in a separate piece, "I don't need a law degree to know the Sonics attorneys made several intriguing points. They were so good, I'm beginning to wonder if [U.S. District Judge Marsha Pechman] should toss the case out of court based on the evidence presented Friday." The Sonics got a "lot of mileage from their 'unclean hands' defense," establishing a "paper trail" between Gorton and local investors. Gorton has "been up front about his passion to retain NBA basketball in Seattle, but that passion is undermining the city's case." Gorton "should have withdrawn from the case early on" (SEATTLETIMES.com, 6/20). In Seattle, Jerry Brewer wrote of Friday's proceedings, "The Oklahoma Raiders pulled down the city's trousers in court. They attempted to catch their opponents in an embarrassing, sinister conspiracy and displayed the corruption for all to see. They executed their 'unclean hands' defense with mouth-opening precision. ... There are no victims in this trial. There are only villains, villains on both sides, villains who made shameful and dishonest choices along this road to hostility." Brewer added, "While it's admirable that people were willing to fight so hard to keep the Sonics here, it's unacceptable for the city to support that kind of mission." Seattle and the Sonics are "even now. Both did plenty of back-stabbing. Both were disingenuous. Both were exposed" (SEATTLE TIMES, 6/21). In a separate piece, the SEATTLE TIMES' Allen writes under the header, "Love Him Or Hate Him, Wally Walker Is Still Involved With Sonics." Allen writes of Walker, "There's no denying his involvement or the irony that one of the most unpopular figures in team history is one of the team's most passionate fans. ... Still, Walker is despised by many because of mistakes during his 12 years in the front office" (SEATTLE TIMES, 6/23).
NUMBERS GAME: In Oklahoma City, Chris Casteel noted Pechman has presided over the trial with "frequent admonishments to attorneys to follow the rules about phrasing questions and entering evidence, but she asked very few questions of the witnesses. The ones she did ask were about numbers." Casteel: "Because that's what this case is about -- or isn't" (DAILY OKLAHOMAN, 6/22). Boston College law professor and SI.com legal analyst Michael McCann: "I think the truth is the Sonics had the advantage going into this. The tradition of courts has been to substitute monetary damages." In Seattle, Jim Brunner wrote a "crucial test for the city to reverse that presumption may be whether it can prove that the Sonics are a unique tenant -- one that brings benefits to the city that cannot be calculated in dollars and cents." Univ. of Alabama law professor Alfred Brophy, an "expert in landlord-tenant law," said in an e-mail that the "city has 'a strong argument' when it comes to the unique benefits of having an NBA team as its arena tenant." Brophy: "Public interest is a trump card that judges throw down to resolve these kinds of huge cases, especially when you have something like a building that a lot of people use, or a highway, or in this case, a city's treasured team." But Brunner noted "no one knows" how Pechman will view those issues. Pechman last week told attorneys that "she'd discovered case law that neither side had discussed in pretrial briefs and said she'd ask them to address those cases in closing arguments." However, Pechman at least twice in the trial has "appeared interested in the notion that a monetary calculation of the Sonics' value can be made" (SEATTLE TIMES, 6/22).
Possession ARROW: In Seattle, Jim Moore wrote under the header, "One Expert's Opinion: Sonics Will Prevail." Seattle-based attorney Mike Hunsinger "thinks the city has a good case but wonders if [Pechman] will force the Sonics to honor the KeyArena lease when there is so much bitterness between the partners." Moore noted one of the "critical issues is whether Pechman thought Bennett was truthful in his testimony." Hunsinger said of Bennett's testimony that he was a "man possessed" to find an arena solution in Seattle, "I don't see how you can possibly interpret that to mean what he testified. If I were the judge, I'd be offended by Bennett. If Bennett did not come across as honest and if you conclude that he testified untruthfully about his intent, I don't think there are too many judges who would decide in his favor" (SEATTLE POST-INTELLIGENCER, 6/21).
|
Related Stories By Company
|
Related Stories By Sport
|
KeyArena, Seattle Feeling Sonics' Loss
July 2, 2009 :
SportsBusiness Daily
Clay Bennett Reflects On First Year In OKC
July 2, 2009 :
SportsBusiness Daily
Husky Stadium Funding Unlikely
April 28, 2009 :
SportsBusiness Daily
KeyArena Renovation Bill Pronounced Dead
April 23, 2009 :
SportsBusiness Daily
Investors Sought For Proposed Seattle Arena
January 14, 2009 :
SportsBusiness Daily
|
UCF-Adidas Spat May Head To Court
November 6, 2009 :
SportsBusiness Daily
Teams H1N1 Vaccinations Examined
November 6, 2009 :
SportsBusiness Daily
ESPN Interested In March Madness Rights
November 5, 2009 :
SportsBusiness Daily
Jordan Wears Nike; adidas Ending UCF Deal
November 5, 2009 :
SportsBusiness Daily
Maple Leafs, Raptors Receive H1N1 Vaccine
November 5, 2009 :
SportsBusiness Daily
|
|