Antonio Margarito?s attempt to get his boxing license back in the United States was thwarted on Friday when the Nevada State Athletic Commission tabled his request and told him to appear before the California State Athletic Commission, who suspended Margarito indefinitely in the wake of his hand-wrapping scandal that took place prior to his bout with Shane Mosley on January 24th, 2009.
Attending the meeting was Margarito, his attorneys and representatives from Top Rank, including their president, Todd DuBoef.
Keith Kizer, the executive director of the NSAC, told Maxboxing, “The commission asked them a bunch of questions, mainly in regard to what happened before the Mosley fight. But they asked him what he?s done since then and questions like that. At the end of the day, what the commission decided was- Commissioner [Raymond ?Skip?] Avansino made a notice, seconded by Commissioner [Bill] Brady- to table the matter, postpone the matter until he files an application with the California Athletic Commission and they have a chance to consider that application. They didn?t put a condition on the outcome of that; of course, it?s completely up to the California commission on whether or not to grant that license.
“The reasoning was, as part of his act of contrition and rehabilitation or remorse, whatever term- they used all different terms- that should include going back to the state that had the most knowledge of what occurred on this night on January of 2009 and give them the opportunity to weigh-in,” continued Kizer.
It turns out that Margarito is in litigation with the California commission.
“They had pointed out, ?Well, he?s appealed the decision; he got affirmed by a superior court judge in California and now they?ve appealed that to the appellate court,? Kizer said. ?So that?s still pending. And that was the reason they gave; his attorney actually said, ?We advised him not to go to California because we have a legal pending matter against the California Athletic Commission. But obviously, they can still apply; it doesn?t preclude them from applying with the California commission. I?ve been informed by Top Rank; they plan to file an application with the California commission on Monday or Tuesday.”
When reached for comment in Puerto Rico, Bob Arum said, “Well, they said we should go to California first because there was no fight pending in Nevada. If Mayweather passes [on the Pacquiao fight] and we have no Mayweather fight for November 13th, than [Pacquiao?s] going to probably fight Margarito November 13th and we?ll try again with the Nevada commission for a conditional license and if we fail in that, we?ll go fight in Mexico.”
For whatever reason, Arum seems reluctant to go back to California. But he insisted, “There is no reticence; we have no intention of fighting in California. So why the hell go to California? If that?s what they want us to do, that?s what we?ll do.”
Sergio Diaz, co-manager of Margarito, said of the turn of events, “We?re really disappointed, very disappointed by the outcome. Antonio, as well as the attorneys, did a real good job presenting everything to the commission. They didn?t want to vote on it. The main commissioner (Pat Lundvall) was actually a little upset that they didn?t want to vote on it; she actually thought Antonio deserved to be re-licensed. She thought that he had already done his time; he apologized for what had happened. He took responsibility- because they were his hands- but Antonio insisted he had no knowledge of what happened but, because they were his hands, he should?ve been more cautious with what?s going on.”
So what?s their next move?
“We don?t know,” admitted Diaz, “We?ll be getting together in the next day or two with Top Rank and the attorneys and see which direction we?ll be moving, as far as the options we have.”
PRECEDENT
This move to table this issue and send Margarito back to California is not unprecedented.
“It?s unusual but not unheard of,” said Kizer. “It kind of happened with Mike Tyson. Remember when he had done his year-plus after the second Holyfield fight?”
If you recall, back in 1998, after he had sat out his time after being suspended by the NSAC, Team Tyson had ideas of getting him re-licensed in New Jersey.
“They actually had a hearing on that and at the end, they kind of indicated that they weren?t going to grant him a license or they thought that he should go to Nevada first, or however they worded it; I can?t remember for sure. He withdrew his application and came back here. We had a day hearing; there were still some questions about the Maryland road rage so we continued it for a month. And then he came back and was able to answer those questions. So this is kind of akin; there we had to deal with the Maryland issue. This boxer [Margarito] has to deal with the California issue.”
In light of these end-arounds that are attempted, as it relates to these administrative suspensions, should there be a strict regulation that forces the offending parties to go back to the jurisdiction where they are sanctioned?
“I don?t know,” answered Kizer. “I know for example, if you recall again, using Mr. Tyson as the best example, we had him here for the Lennox Lewis fight, the commission denied him and he was able to go to Tennessee and apply and legally do so. Different states have different standards and he got to fight Mr. Lewis. A denial is not disciplinary. If you want to take your driver?s exam and you failed the parallel parking test and you got denied, that?s not discipline. Now, if you got 20 speeding tickets and they take your license away and revoked it, it, of course, is discipline.
“So I definitely think there has to be- and there is- a dichotomy in the law between what is considered disciplinary action and what is considered non-disciplinary action, i.e. denial.”
Kizer added, “This, of course, was disciplinary action; it was a revocation. California has the same law that we do- that for a full year, you can?t even think about applying. But after that year, you?re free to apply and you can apply elsewhere. I don?t think anything has been circumvented or any loophole exploited. He had to sit out, not just in California, [but] everywhere else for at least a year. So I think at least the spirit, if not the letter of the law, has been complied with.”
SEANTREL TO THE U FLURRIES
Arum told me that the deadline for Mayweather to accept the Pacquiao fight is next Friday. I guess the gag order is off, huh?…By the way, Arum was rather subdued, surprisingly, when I called him- but Puerto Rico can have that effect, I?m told. I was ?this close? to calling Cavs owner Dan Gilbert for his reaction on this whole sordid affair…I was informed that the ?Super Six? battle between Carl Froch and Arthur Abraham will take place in Monte Carlo, not the hotel in Las Vegas but Monaco?There is the possibility that Vic Darchinyan will kick off the September 18th telecast on Showtime that will have Rafael Marquez face ?JuanMa? Lopez from the MGM Grand in Las Vegas, provided nothing disastrous happens tonight in Puerto Rico…Manager Cameron Dunkin has informed Maxboxing that Steven Luevano has been given his release by Top Rank following his loss to Lopez in January. Geez, one loss and you?re told to hit the bricks? That seems harsh…I was at the Maywood Boxing Club on Friday and I saw Daniel Ponce De Leon working out with veteran trainer Dub Huntley. He says he might be fighting in September…Does anyone else kinda like what the Knicks got back in their sign-and-trade for David Lee? I like the upside (yeah, that dreaded work) of Anthony Randolph…I can be reached at [email protected] and you can follow me at www.twitter.com/stevemaxboxing. You can also become a Facebook fan of Maxboxing at www.facebook.com/MaxBoxing.
