LOS ANGELES – In a Wednesday decision to uphold Chael Sonnen's indefinite suspension, the California State Athletic Commission ruled that inconsistencies in the onetime middleweight contender's previous statements to the commission, as well as his recent felony charge on money laundering, ultimately constituted a threat to public safety and served as a discredit to the sport of MMA.
A 4-1 ruling in favor of Sonnen's punishment, which effectively bars him from professional competition until June 29 and could, as he said, prompt his retirement from MMA, showed the commission was swayed little by a counter-argument that his inconsistencies were not malicious and that rehabilitation had taken place in the five months since his most recent appearance before them.
MMAjunkie.com (www.mmajunkie.com) was live and on scene at a special hearing that has cast doubt on Sonnen's future in the sport, and we'll take a closer look at the arguments presented by California State in favor of the suspension, as well as those to lift it presented by the fighter and his representatives.
There were five commissioners present at the hearing: CSAC Chair John Frierson, Dr. Christopher Giza, Dr. VanBuren Ross Lemons, Eugene Hernandez and Anthony Thompson. Additionally, CSAC Executive Director George Dodd was in attendance.
Frierson, Giza, Hernandez, and Dodd were present this past December when Sonnen was suspended for six months and fined $2,500 for elevated levels of testosterone following his fight with Anderson Silva at UFC 117 (Hernandez, however, left late in the proceeding).
Representing the state at the hearing was Deputy Attorney General Karen Chappelle, who was not present this past December. She most notably represented the state when Sean Sherk appealed a one-year suspension handed down by CSAC when he tested positive for performance-enhancers following his win over Hermes Franca at UFC 73.
Representing Sonnen was Steven J. Thompson, a Chicago-based lawyer who represented the fighter during the appeal of his original suspension and has served as a lawyer for Team Quest and Matt Lindland. Also representing Sonnen was Raffi Nahabedian, who most notably represented B.J. Penn in a 2005 contractual dispute with the UFC and in the infamous "Greasegate" scandal.
Each side was given a maximum of 45 minutes to present their opening arguments and question witnesses with 10 minutes allowed for rebuttals. The remainder of the hearing stretched into the early afternoon, approximately three hours in length.
A total of three witnesses were called during the hearing: Nevada State Athletic Commission Executive Director Keith Kizer, who participated via videoconference; Sonnen and Dodd.
The case against Chael
Chappelle was first to speak to commissioners and laid the framework for the state's case. As expected, the state's case focused on Sonnen's statements to the commission about Kizer during this past December's hearing, as well as those made in subsequent interviews to the media following the reduction of his suspension. Principally, she asserted that Sonnen had been untruthful with the commission when he said Kizer had given him permission to use testosterone and advised him not to disclose it to other commissions. Although Sonnen had later modified his statements by stating that Lindland had told him that Kizer had given approval – the charge of dishonesty was still deemed valid.
Said Chappelle: "The evidence reveals a portrait of someone who makes a lot of statements, and many of them are inconsistent."
The case also focused on Sonnen's recent conviction on a federal charge of money laundering for which Sonnen was given two years of probation and fined $10,000 in addition to the revocation of his realtor's license.
Chappelle asserted that Sonnen's conduct had violated the Business and Professions Code of CSAC's statutes that specifically state that an athlete who "conducts himself or herself at any time or place in a manner which is deemed by the commission to reflect discredit to boxing, may have his or her license revoked, or may be fined, suspended, or otherwise disciplined as the commission may direct."
"Everyone deserves a second chance," Chappelle said. "The question is, how many second chances?"
In evaluating whether Sonnen had been rehabilitated, as required by the commission in cases of disciplinary action, Chappelle asked the commission to consider Sonnen's prior disciplinary record, whether he'd shown remorse, his candor and cooperation during his dealings with the commission, and whether he'd proven himself to be rehabilitated.
In defense of Chael
Thompson said Sonnen answered questions "to the best of his ability" during the Dec. 2 hearing and had no intention of deliberately misleading the commission about his use of testosterone or the interactions that took place between him, his manager, Matt Lindland, and the NSAC (Thompson added that he attempted to explain the "situation in Nevada" and was told it was irrelevant by the commission during the Dec. hearing).
Thompson urged the commission to take into account what Sonnen said on the record and not what he said in the media or on the Internet. "If you do that, you will conclude there was not false testimony whatsoever," he said.
Of the original suspension issued, Thompson argued that the basis for Sonnen's initial suspension was Lindland's dealings with the NSAC. When Sonnen testified this past December, he was giving statements based on his understanding of those dealings at the time. "The state would have to take Chael's comments and turn them into lies," Thompson said. "It's not fair, it's not right, and it's not supported by the record. Chael is not a lawyer. He is a prize fighter."
Of the criminal conviction which the state cited in the indefinite suspension, Thompson said Sonnen had accepted responsibility for the money laundering charge and had been commended by a federal judge for his remorse and a community service. He argued Sonnen's federal charge is not relevant to the licensed activity, as he said must be considered per CSAC statutes, and thus did not bring discredit to MMA.
The NSAC weighs in
Keith Kizer's appearance on the witness stand prompted some sparring between the state and Sonnen's representatives.
Kizer stated that he had not spoken to anyone about a therapeutic use exemption for Sonnen, and the fighter had not sought one or previously been granted one at two events in Nevada, WEC 33 and UFC 109. The only time the two spoke, Kizer said, was at a March 4 meeting in which he confronted Sonnen about his statements at the hearing and in the media.
"He said, 'The Nevada State Athletic Commission told me not to declare the testosterone,'" Kizer said. "That is a false statement. I never spoke to Mr. Sonnen before March 4, 2011."
Thompson later asserted that Lindland called Kizer in January 2008 about a therapeutic exemption – which Kizer said he vaguely remembered but that Sonnen's name wasn't mentioned during the conversation – and sent an exemption request to the NSAC head shortly thereafter. He questioned why the manager had gone through the steps to get Sonnen approved if it was not in relation to a fight.
But with Lindland's absence at the hearing, the state successfully argued that questions to Kizer about why the manager did or didn't do something for Sonnen were irrelevant to the proceedings.
Kizer did, however, say that Lindland disputed Sonnen's contention in this past December's hearing that he was told by Lindland that Kizer said not to disclose to other commissions his use of testosterone.
The NSAC head also said he felt a duty to speak to the press and correct the record following Sonnen's statements to the commission and in the media. Although he had earlier confronted Sonnen, he said the fighter had done the right thing by stating that the two had never spoken in a subsequent interview.
Sonnen's testimony
Chael Sonnen, the now-infamous madcap comedian, was nowhere to be found during the proceedings. The brash insults that polarized MMA fans – and, according to Sonnen, won him the title of "Best [Expletive]-talker in MMA" per ESPN and Sports Illustrated – was replaced by a soft-spoken, nearly meek 34-year-old with a heavy heart. He said he wanted to clear the record and go back to work. He reiterated that he had no intention of misleading the commission and tried to clarify the imprecise comments he made. He asked for forgiveness.
Sonnen was asked about measures he'd taken to rehabilitate himself. He spoke of volunteer work he'd done giving classes to young people – he later said it was a youth wrestling club – about thinking clearly in the actions they take.
Sonnen accepted responsibility for the actions that led to his suspension in California and said he understood why his indefinite suspension was issue.
Sonnen said he understood he was under investigation for money laundering at the time of his December hearing. He wasn't sure whether he was under active investigation at the time of his license application when he applied for a license in California in October 2009.
When he learned that Kizer said he wasn't approved to use testosterone, Sonnen said he called the NSAC head twice following his December hearing and didn't get through.
Sonnen said he is "very comfortable" with the testimony he gave in December. "I didn't personally speak with Mr. Kizer," he said. "I relied on the information my manager gave me, and I certainly never intended to make it sound as tough a mystery conversation took place with the director that didn't."
Sonnen said he received nothing of the $69,000 kickback that was part of the government's case against him in the money laundering charge.
Sonnen said he currently works two jobs with "long days" but did not disclose what they are.
A job offer "18 days from now" is ready for Sonnen – a coaching spot on "The Ultimate Fighter 14." He said the coaches would fight for a No. 1 contender spot "on free TV." Asked how his job prospects would be affected if his suspension is upheld, Sonnen said, "I will effectively be retired. That's from the boss, Dana White."
In explaining his outlandish interviews, Sonnen said, "When I'm onstage, I'm performing. It's no different than any other actor. Those interviews also are not free. I charge for them. I'm doing an entertainment service." Sonnen also said he does understands the difference between interviews in the media and sworn testimony.
In closing, Sonnen said, "There were mistakes made. But I served my time. They gave me a suspension, I walked out, I kept my mouth shut, and I served my debt. I worked for this chance my whole life – since I was nine – and I don't want to retire today."
The commission speaks
Real estate, fight contracts, and testosterone – CSAC commissioners engaged Sonnen on all fronts. He was asked what he was thinking when he participated in a deal that ultimately cost him a real estate license (Sonnen said he and his superiors signed off on the deal and didn't intend to break the law, though he was aware that impropriety was occurring and said he went to regulators to resolve it). He was asked, somewhat seriously, whether he used "fuzzy language" when writing out fight contracts. He was asked if he still used testosterone.
But commissioner Christopher Giza pointedly called upon several contradictory statements Sonnen made to the commission and the media. Those contradictions, he said, called into question the fighter's "veracity." Sonnen said he was comfortable with the testimony he gave in December, yet said he could have been more precise. Sonnen had gotten testosterone from a doctor, yet he previously said that he didn't disclose its usage because he didn't believe it was a medication. "These aren't the only examples of inconsistencies, and I would think that at some point in this process, you would really be going out of your way to dot all the i's and cross all the t's," Giza said.
Dr. Lemons had serious concerns about Sonnen's long-term usage of testosterone, particularly in relation to its possible side effects. It was Sonnen's understanding from his doctor that the treatments were needed for "survival" and he had the "testosterone of a 93-year-old man." Sonnen said he would still take the drug regardless of whether he fought or not, to which Lemons suggested he get a second opinion.
In responding to questions about his community service, Sonnen said he "absolutely" used his own life as example when talking to the youth wrestling club about making mistakes and using the right judgement.
Chair Frierson issued a bold statement, one he said was based on his decade with the commission and background in law enforcement.
"I believe in second chances," he said. "Anybody who has worked with us knows that. But in this case, I'm saying to you, sir, that without asking any questions, it's very hard for me to believe in your second chance."
Commissioner Hernandez, meanwhile, said Sonnen couldn't pick and choose when to be truthful. Public or private – it's all fair game.
"I would suggest that if you think about the Internet now where we have employers using that to do background checks on potential employees – people are gauging what you say," he said. "You can't say time out, I'm performing, this is my honesty hat and this is my character hat. It doesn't work that way in the real world."
The ruling
After the last-minute testimony of Dodd, who verified that no white-collar criminal had ever been suspended under his watch as executive director, and pleas of leniency for Sonnen on behalf of his mother, Nahabedian and a woman named Marika Taylor, the commission voted 4-1 on a motion – called by commissioner Hernandez and seconded by commissioner Giza – to uphold Sonnen's indefinite suspension.
Sonnen's official suspension runs through June 29, or when his license was due to expire in California. Dodd initially told MMAjunkie.com that Sonnen won't be able to reapply for a license in the state before June 29, 2012, as with a license revocation. However, he subsequently said that he is seeking a opinion from the commission's legal adviser, Anita Scurry, as to whether today's ruling is being treated as a suspension or a revocation.
Sonnen is free to apply for a license in other states when his California suspension ends. However, the decision whether or not to issue the license is up to each individual commission.
Source: http://mmajunkie.com/news/23652/csac-on-sonnen-inconsistencies-money-laundering-led-to-suspension.mma
