CROSS-EXAMINATION OF WEARY DAVIS STARTS WEDNESDAY
(April 10, 2001) The direct "questioning" of Al Davis by attorney Joe Alioto
ended prior to the normal close of court Tuesday.
Over the objections of NFL attorney Allen Ruby, Judge Richard Hubbell granted a request by Alioto for an early recess that, in effect, delayed the start of cross-examination. At that time, the weary, haggard-looking Davis sighed with relief, but the jurors seemed to react with disappointment.
Davis’ testimony Tuesday covered little new ground. Davis acknowledged, however, that he had been repeatedly informed of the status of the NFL committee’s negotiations with Hollywood Park. Indeed, Davis testified that he had spoken with committee member Carmen Policy before the June 1st meeting, twice during the meeting, and several times after the session. This testimony fundamentally undermines one of the Raiders’ principal trial themes to date.
In addition, the Raiders owner did make a new accusation when he said that, at one point during the 1995 stadium negotiations, he thought that Commissioner Tagliabue "had gone crazy . . . or that something was wrong with him." This was in reference to a letter that the Commissioner had sent to Davis stating that any move back to Oakland would be subject to a League vote.
Davis’ testimony so far has been tailored for multiple purposes. While addressing issues in this case, he also has crafted his answers to protect the Raiders’ position in their current suit involving the City of Oakland/County of Alameda. In that northern California case, the Raiders contend that they were fraudulently induced by the City and County to relocate to Oakland. This charge is diametrically opposed to their allegations that they were forced to leave Los Angeles due to actions by the League and its member clubs. An attorney for the City and County has been a daily spectator -- and note-taker -- in the Los Angeles courtroom.
Judge Hubbell gave a rare reprimand in court today when he addressed the jury over a statement that Davis made Monday. The Raiders owner said yesterday that the League had withheld a key document in the case. The jury was instructed Tuesday that the document, indeed, has been in the possession of Mr. Davis’ attorneys for some time and has not been improperly withheld.
Ruby’s examination of Davis begins at 9:30 a.m. (PT) Wednesday in State Superior Court in Los Angeles.