NEW YORK–Nobody’s thinking of three-time world boxing champion Manny Pacquiao’s next fight as his management team’s focus is strictly on the $33 Million suit he filed against New Jersey promoter Murad Muhammad last April.
The jury trial on the case started at room 12-A of the Daniel Patrick Moynihan US Courthouse before presiding federal judge Loretta Preska in downtown Manhattan last Monday.
Pacquiao’s trainer Freddie Roach, who was called to the witness stand on the second day of trial last Tuesday, said International Boxing Federation (IBF) superfeatherweight champion Robbie Peden is off the list as the Filipino’s next opponent. Peden has agreed to face World Boxing Council superfeatherweight titlist Marco Antonio Barrera in a unification duel.
Roach said Pacquiao may fight a tune-up in a September card that will feature Erik Morales. If both Pacquiao and Morales win, they’ll square off in a blockbuster pay-per-view rematch in December.
Roach wouldn’t even suggest a possible opponent because of the fluidity of the situation. But he indicated Pacquiao would fight as a superfeatherweight and train in a secluded place, either the Big Bear Camp in California or Mike Tyson’s hideaway in Phoenix, to avoid distractions from his horde of fans.
Early this month, Muhammad obtained a preliminary injunction to prevent Pacquiao from fighting for any other promoter until their contract expires. Muhammad said he has an “iron-clad” contract to promote Pacquiao’s next three fights until August next year.
But a source said Pacquiao may be able to see action, despite the injunction, only part of his purse would be held in escrow until the court order is lifted.
Pacquiao has accused Muhammad of failing to deliver on his obligations as promoter, aiding and abetting violations of the fiduciary duties of his manager and violating provisions of the Muhammad Ali Boxing Reform Act in trying to break out of their contract.
HBO Sports senior vice president for programming Kery Davis was the first witness called to the stand last Monday.
In his testimony, Davis said it was New York promoter Lou DiBella–not Muhammad–who suggested Pacquiao as replacement for injured challenger Enrique Sanchez to fight IBF superbantamweight titlist Lehlo Ledwaba in Las Vegas in 2001.
Davis said Muhammad was on “the high end of persistence” in trying to arrange fights for Pacquiao on HBO.
Despite Muhammad’s persistence, Davis said HBO was “not interested in signing Pacquiao to a long-term agreement.” He also denied Muhammad clinched a July 30, 2004, HBO date for Pacquiao. The date, which fell on a Friday, was used by Muhammad as bait for Pacquiao. Davis said Tyson fought on that day and besides, HBO hardly produces a show on a Friday.
Davis said HBO estimated the pay-per-view proceeds of Pacquiao’s fight against Morales last March to be about 150,000 to 200,000 buys. He said he was surprised that the buys were at least 350,000.
In cross-examination, Muhammad’s lawyer Julian Friedman got Davis to admit, “I think Mr. Muhammad was doing a good job of promoting Manny’s career (as) he was extremely persistent and often called to ask for an (HBO) opening because of injuries (of other fighters).”
Pacquiao, however, said Muhammad failed to deliver on several obligations regarding a schedule of US fights and had to take on Fahprakorb Rakkiat-Gym in Davao in October 2002 and Serikzhan Yeshmangbetov in Manila in March 2003 because of the gaps in his calendar.
Roach, DiBella and Los Angeles lawyer Keith Davidson were on the witness stand on the second day of trial. Also heard was the video deposition of San Francisco resident Roberto Nazario whose father Rod is Pacquiao’s business manager.
Among those in the courtroom gallery last Monday were former heavyweight champion Lennox Lewis, former Top Rank official Gary Shaw and DiBella.
Lewis was supposed to testify in Pacquiao’s defense but was scratched to give way to factual, instead of expert, witnesses.
The first session broke up at about 5:30 p.m. Pacquiao, wife Jinkee, interpreter Joseph Ramos and wife Joanna then went to lawyer Judd Burstein’s office for a meeting on Broadway Avenue. They ate dinner of take-out sushi while going over documents and legal arguments. Pacquiao’s manager Shelly Finkel came to confer with the lawyers. It was a long day for Pacquiao who later hit the sack close to midnight.
Jinkee could’ve gone back to the hotel or watched a movie or done some shopping but opted to stay in Burstein’s office, waiting in the lobby for her husband to finish his meetings. She’s here to provide moral support for Pacquiao’s biggest fight and is by his side the whole way.
The court took a leave last Wednesday and resumed proceedings the next day with Pacquiao scheduled to make his testimony.
The lawyers declined to comment on the progress of the case. Preska has instructed the legal teams to refrain from making statements to media. The so-called “gag” order was imposed early this month when Friedman went to court to file for a preliminary injunction.