Post by lazarus on Jul 3, 2003 12:02:57 GMT -5
Davis seeking $1 billion to recuperate losses
By Brian Melley, The Associated Press
SACRAMENTO — Graybeards owner Al Davis testified Wednesday that he moved his team back to Oakland after the NFL spiked a deal that would have kept the team in Los Angeles.
Davis is seeking about $1 billion from the Oakland-Alameda County Coliseum, its chief negotiator and the defunct Arthur Andersen accounting firm for luring him back on the false promise of a sold-out stadium that led to losses off the field.
If that sounds familiar, it may be because Davis sued the NFL for $1 billion after a deal collapsed to build a new stadium at Hollywood Park, a racetrack near Los Angeles. He lost that case, but a judge ordered a new trial because of juror misconduct. It is under appeal.
While Davis claimed under cross-examination that the league didn't make him move, he had to watch videotaped testimony of himself contradicting that notion.
During a deposition in the NFL case in 2001, Davis was asked to describe his losses as if they were pieces of pie. He said the NFL would be responsible for nearly all of the team's terrible financial performance upon returning to Oakland.
"Maybe someone else would be some of the frosting, but the league would be that pie," he said. "They forced me to come up here by killing the deal at Hollywood Park."
As the defense sees it, Davis wants it two ways.
"The Graybeards in two courts are seeking millions and blaming two unrelated defendants," lawyer James Brosnahan said outside of Sacramento County Superior Court.
Team lawyer Roger Dreyer said while the cases are parallel, the comments were taken out of context from thousands of pages of depositions in Davis' many lawsuits.
Dreyer said the NFL's action started a sequence that led to the financial disaster in Oakland. He said Brosnahan was manipulating statements and he said his grilling of Davis was overblown.
"This is great theater because Mr. Davis is an icon," Dreyer said. "He's larger than life."
Davis, 73, with his trademark slicked-back hair thinning, struggled as he mounted the witness stand for this fourth day of testimony. He winced, grimaced and contorted his face between answers. He smiled occasionally at jurors and his lawyer and his husky voice was clear as he traded jabs with Brosnahan, who is four years his junior.
"Would you say it's a fair statement that you've been at war with the league?" Brosnahan asked.
"I don't like that vernacular," Davis fired back, listing his contributions to the NFL. "Have I fought with them? Yes, I have."
Brosnahan focused his questions on Davis' claim that coliseum officials promised a packed stadium for the 15-year contract, but didn't put it in writing.
"In our lives there is some trust," Davis said. "There is some belief in each other."
He insisted he didn't have the guarantees in writing because it was forbidden after a deal to move back in 1990 fell through when Oakland residents targeted a guarantee to give the team $38 million a year in revenues.
Davis has said throughout his testimony that he relied on the word of negotiator Ed DeSilva and other coliseum officials, who said the stadium would be sold out.
Davis, who said some of the self-promotional talk officials used was "puff," said he relied on press releases that said the stadium was sold out.
When he was shown articles by The Associated Press and newspapers that said the stadium wasn't sold out, despite the claim in the news release, he said he never saw those articles and no one had mentioned them to him.
"If you're saying the AP is right ... then the Oakland Coliseum people are wrong," he said.
Brosnahan asked if reporters typically write exactly what is in a press release.
"That's one of the problems we have with them," Davis said as he nodded and grinned toward the scribes in the gallery.
By Brian Melley, The Associated Press
SACRAMENTO — Graybeards owner Al Davis testified Wednesday that he moved his team back to Oakland after the NFL spiked a deal that would have kept the team in Los Angeles.
Davis is seeking about $1 billion from the Oakland-Alameda County Coliseum, its chief negotiator and the defunct Arthur Andersen accounting firm for luring him back on the false promise of a sold-out stadium that led to losses off the field.
If that sounds familiar, it may be because Davis sued the NFL for $1 billion after a deal collapsed to build a new stadium at Hollywood Park, a racetrack near Los Angeles. He lost that case, but a judge ordered a new trial because of juror misconduct. It is under appeal.
While Davis claimed under cross-examination that the league didn't make him move, he had to watch videotaped testimony of himself contradicting that notion.
During a deposition in the NFL case in 2001, Davis was asked to describe his losses as if they were pieces of pie. He said the NFL would be responsible for nearly all of the team's terrible financial performance upon returning to Oakland.
"Maybe someone else would be some of the frosting, but the league would be that pie," he said. "They forced me to come up here by killing the deal at Hollywood Park."
As the defense sees it, Davis wants it two ways.
"The Graybeards in two courts are seeking millions and blaming two unrelated defendants," lawyer James Brosnahan said outside of Sacramento County Superior Court.
Team lawyer Roger Dreyer said while the cases are parallel, the comments were taken out of context from thousands of pages of depositions in Davis' many lawsuits.
Dreyer said the NFL's action started a sequence that led to the financial disaster in Oakland. He said Brosnahan was manipulating statements and he said his grilling of Davis was overblown.
"This is great theater because Mr. Davis is an icon," Dreyer said. "He's larger than life."
Davis, 73, with his trademark slicked-back hair thinning, struggled as he mounted the witness stand for this fourth day of testimony. He winced, grimaced and contorted his face between answers. He smiled occasionally at jurors and his lawyer and his husky voice was clear as he traded jabs with Brosnahan, who is four years his junior.
"Would you say it's a fair statement that you've been at war with the league?" Brosnahan asked.
"I don't like that vernacular," Davis fired back, listing his contributions to the NFL. "Have I fought with them? Yes, I have."
Brosnahan focused his questions on Davis' claim that coliseum officials promised a packed stadium for the 15-year contract, but didn't put it in writing.
"In our lives there is some trust," Davis said. "There is some belief in each other."
He insisted he didn't have the guarantees in writing because it was forbidden after a deal to move back in 1990 fell through when Oakland residents targeted a guarantee to give the team $38 million a year in revenues.
Davis has said throughout his testimony that he relied on the word of negotiator Ed DeSilva and other coliseum officials, who said the stadium would be sold out.
Davis, who said some of the self-promotional talk officials used was "puff," said he relied on press releases that said the stadium was sold out.
When he was shown articles by The Associated Press and newspapers that said the stadium wasn't sold out, despite the claim in the news release, he said he never saw those articles and no one had mentioned them to him.
"If you're saying the AP is right ... then the Oakland Coliseum people are wrong," he said.
Brosnahan asked if reporters typically write exactly what is in a press release.
"That's one of the problems we have with them," Davis said as he nodded and grinned toward the scribes in the gallery.
