Manny pursues landmark court case

NEW YORK—Three-time world boxing champion Manny Pacquiao’s lawyer Kevin Davidson said yesterday the case he filed against New Jersey promoter Murad Muhammad here is the first test of the far-reaching effects of the protective clauses in the Muhammad Ali Boxing Reform Act.

"Manny’s not doing this for money," said Davidson, a Los Angeles lawyer who’s teaming with Manhattan litigator Judd Burstein in representing Pacquiao. "He’s doing this for other fighters who are not financially capable of going to court but are similarly prejudiced. This is a historic case in that it’s the first-ever case filed to protect a fighter against violations of the Ali Reform Act."

Federal judge Loretta Preska is presiding at the trial in the Southern District of New York. In the agenda are the opening statements of the opposing parties, jury selection and initial testimonies from witnesses. The case is numbered 05-CIV 4200. The Southern district covers civil and criminal cases from eight metropolitan New York counties.

A source said of the 24 private citizens nominated for the jury, only 12 will be chosen by the opposing sides.

Pacquiao and Joe Ramos, a Filipino living in Los Angeles, left Manila for Los Angeles last June 12. They flew here the next day with Davidson, lawyer Nicholas Khan and trainer Freddie Roach. Pacquiao’s wife Jinkee was expected to arrive from Manila Monday afternoon.

Pacquiao and his traveling party stayed in a Bergen County, New Jersey, home Sunday. They were to check in at a New York hotel later.

Pacquiao’s deposition was taken by Muhammad’s lawyer Julian Friedman in his Park Avenue office in a total of four hours last Tuesday and Thursday. At least 12 others, including HBO Sports senior vice president Kerry Davis, were deposed by Friedman and Burstein last week.

"My co-counsel Judd Burstein and I are very confident in the strength of Manny’s case," said Davidson. "Every day, our case gets stronger as we gather more evidence."

There was no indication of the kind of evidence Pacquiao’s lawyers were able to compile but a source said bank records formed the bulk of the documents to establish a money trail. Under scrutiny are Pacquiao’s purses from seven fights that Muhammad arranged in the US since 2001.

Former world heavyweight champion Lennox Lewis will reportedly be called to the witness stand to testify against Muhammad. Lewis was expected to shed light on Muhammad’s failure to protect Pacquiao’s interests particularly in the Erik Morales fight last March.

Burstein, 52, won a $7.4 Million federal court judgment for Lewis against promoter Panos Eliades on grounds of racketeering and fraud in 2002. He also won cases over several promoters, including Don King, in behalf of other fighters like Terry Norris and Julio Cesar Chavez.

Burstein’s law office is on the 15th floor of a building on Broadway. His office staff consists of five associate lawyers and three full-time paralegals. He graduated summa cum laude at Brandeis University in 1975, earned a master’s degree at McGill and finished law at New York University in 1981.

One of Burstein’s lawyers Mike Quinn said he expects the case to be resolved before July 4.

Quinn said under ordinary circumstances, the case would be calendared two years for trial after filing. But Burstein requested for a speedy trial which was granted by Preska despite reported objections from Muhammad’s camp.

Muhammad has insisted that Pacquiao is contractually bound to him for three more bouts up to Aug. 31, 2006. But Pacquiao, citing violations of the Ali Reform Act and specific alleged instances of breach of contract, said he will never fight for Muhammad or his company M&M Sports ever again.

Roach said there are no definite plans for Pacquiao’s next fight although he hinted of a possible tune-up bout in September. He ruled out International Boxing Federation superfeatherweight champion Robbie Peden as a likely opponent.

Roach said Morales will tentatively see action on the same card as Pacquiao in September and his opponent is also undetermined. A candidate is Jesus Chavez who recently outpointed Carlos Hernandez in an eliminator. Both Chavez and Hernandez had lost decisions to Morales.

"I’m not sure if Morales will fight Chavez," said Roach. "Chavez gave Morales a hard time in their first fight which was close. Chavez could’ve won if he only didn’t injure his hand. I don’t think Morales is going to take a chance against a tough opponent in a tune-up for Manny. And I’m not sure if Manny would like to fight Hernandez who’s coming off a loss."

Roach said once Pacquiao’s case is resolved, the air should clear up on his next fight.