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June 18, 2008 9:11 PM

Day 3 triumphs and defeats

Posted by Percy Allen

Compared to his counterparts, city attorney Jeffrey Johnson looks very young. His bio on the K&L Gates website says he graduated cum laude from Gonzaga University in 1990. So unless he sailed through school, he's probably about 40 years old.

His age isn't relevant at all, however, Johnson seems to be the least experienced of the attorneyes and at times it shows.

Still, he recovered from the opening day when he appeared to momentarily freeze after an objection and he was not allowed to introduce a letter from a sports bar owner into evidence.

A few courtroom observers said Johnson was too soft on Sonics CEO Danny Barth during his initial questioning. Johnson tried to establish the unique connection a city has with a basketball team by highlighting various charitable activities the Sonics are engaged in.

During one amusing clip, Kevin Durant, Jeff Green and Kurt Thomas read the children's tale "The Eagles Who Thought They Were Chickens" to middle school kids. One attorney told me, the city needed to hammer the point that the unique relationship can't be qualified with a dollar amount and Johnson didn't do that.

Still, Johnson might have delivered the best exchange of the day during redirect. Let me set this up.

Sonics attorney Brad Keller allowed Barth to detail a series of setbacks that the team had endured during the 2007-08 season. He mentioned a loss of $27.6 million, plummeting TV ratings, the loss of 23 employees etc.

Barth said things have gotten so bad and the fan apathy is so high towards the Sonics that no one called the team to buy or renew tickets when the Sonics claimed the No. 4 pick in the lottery.

Barth went so far as to say that the team received calls when it drafted no-name Mouhamed Sene two years ago.

Here's the transcript from Johnson's redirect on this point.

Q: And now you're talking about tickets -- you were talking about you weren't getting phone calls for next year?
A Yes.
Q You're not selling tickets for next year?
A We are --
Q You haven't let any season ticket holder that wants to renew for next year?
A We are not actively out marketing. Didn't think it was prudent to go ahead and take people's money until we knew where we were going to be.
Q You're not accepting ticket sales -- I can't give you money right now to reserve tickets, can I?
A You cannot.

That's a slam dunk in my book, however, the city's attorneys didn't score enough of them.

Seattle's lead lawyer Paul Lawrence hammered away at owner Clay Bennett all morning and his use of the phrase "the man possessed" lost the powerful effect it had early in the trial.

Still, Lawrence kept to this talking points which are Bennett is a smart businessman who knew the risks before he bought the team.

It's amazing how Keller continues to confound Lawrence and Johnson with timely objections. If you ever get a subpeona from Keller, leave the country. He's that good. Same goes for Paul Taylor.

Still as one attorney who watched today's trial told me: "Having this case before a judge makes all the difference in the world becasue a judge will look at the facts and not be swayed by the theatrics of the lawyers."

The attorney told me he thinks the Sonics crew has presented better arguements, but there's no getting around the specific language in the lease that says the Sonics have to play at KeyArena for two more years.

I'm calling it a draw for today, which allows the Sonics to maintain their narrow edge.

For some strange reason, the city has not established that the lack of fan interest in the Sonics is due to the crummy team that took the court for 82 games last season. Former Seattle Center director Virginia Anderson talked about this, but the attorneys didn't use this arguement when questioning Bennett and Barth. Barth said the Sonics were 27th in average paid attendance and yet no one asked which teams were 28, 29 and 30. Without looking it up, I guarantee you those teams were lousy. K-I-S-S.

Some quick points, co-owner Aubrey McClendon will not testify in court, which is a wise move for the Sonics. Thursday may not be as exciting as the first three days because there's no one on the witness list that has the star power of Mayor Greg Nickels or Bennett.

Author Sherman Alexie is scheduled to appear in Thursday morning, however, the next interesting witness is probably former Sonics President Wally Walker. City Councilmember Nick Licata may also provide some sparks.

Remember it was Licata who told Sports Illustrated in Feb. 2007 the economic impact of the Sonics leaving would be "near zero."

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Posted by geezer

1:18 AM, Jun 19, 2008

Please stop dwelling so much on objections -- e.g., who makes them, who wins them, etc. They're really not that important. There are many reasons an attorney might make an objection, and he may not care if it's sustained or not. He may just want to break up the other attorney's rhythm, or give his witness a chance to regroup and take a breather.

On the flip side, an attorney may try to admit evidence knowing full well that the other side will object and that the evidence may not come in; there's no harm in trying to get it in, and you can't get it in if you don't try. There's no jury here to impress.

Which goes to the point of "scoring" impressive arguments -- I guarantee Judge Pechman is not swayed by slick lawyer tricks or minor errors in presentation (such as Johnson's "momentary freeze"). In a bench trial the substance is important, and today the city had a good day. Bennett's credibility is crippled; the owners knew the team was losing money when they bought it; the city showed how the team adds intangible benefits to the community; the lease says what it says. Keller has been unable to combat any of this, no matter how impressive his delivery is.

And if you're looking for "slam dunks," wait until the closing. That's when a lawyer puts it all together, and when he's allowed to really "argue." Questioning witnesses is all about the lob pass... the closing is the dunk.

Posted by Ziasudra

10:03 AM, Jun 19, 2008

On the economic impact question - If the city/area is getting $180 mil a year, why wouldn't they put up $300 mil for a better facility?
Because those figures are non-sensical, as they only represent stirring the pot of money already here. Boeing and Microsoft bring in IMPORTED monies, for example.
If there is one dollar of imported money, the person can spend 80 cents of it in the store, because the IRS gets 20 cents. That means you have a multiplier of 5 to 1 - a person working on IMPORTED money can support 4 or 5 others. Total.
Remember the player's salaries and team workers are paid by money from the local population, not imported cash. If a MS or Boeing worker doesn't go to a game, they can spend that money on other local commodities. Net cash flow equals zero.

Posted by Ryan

10:30 AM, Jun 19, 2008

The net cash flow is not zero. The whole idea is that the team brings in others to come and spend money. Those others hail from other parts of Washington, Oregon, Idaho, and road warriors supporting visiting teams.

However the key to drawing the "others" is having something worth seeing.

Posted by Ziasudra

10:48 AM, Jun 19, 2008

Does that account for $180,000,000 a year?

Posted by Transplant

11:28 AM, Jun 19, 2008

Well Said Geezer. No theatrics are needed during a federal bench trial, none at all. PBC attorneys are putting on a show for their clients, and Mr. Johnson knows that. If 40 is "too young," then I have no idea what 20 years of experience means these days. In the end, it will all come down the facts and legal arguments made - not the theatrics.

Posted by sman

12:09 PM, Jun 19, 2008

It is sad it has come to this. The money being spent to keep the Sonics there, could have gone to keeping them without all of the drama. If the Sonics do come to OKC, Seattle will have a great start as an alternative entertainment destination. The Circus!

Posted by crypticsailor

5:08 PM, Jun 19, 2008

What is the direct economic impact of visiting opponents and enterouge?

Posted by Ryan

7:25 PM, Jun 19, 2008

The 180 Million is hard to account for. Hosting some play offs would sure help. I sure don't have inside information as to the economic impact. The huskies tried to show the economic benefits but did not convince anyone..

I wonder what portion of the financial obligation the sonics are expected to cover. Can the storm, concerts, and other events help make up the difference? I know when LA hosts concerts such as coldplay people fly in, stay in hotels, eat out, and spend money.

All this said a quality sonic team will draw fans look at Portland, people are jumping on the rip city bandwagon.

Posted by DAWGONE in AZ

10:00 PM, Jun 19, 2008

Sman:

Why don't you OKC folks concentrate on the facts. It was reported this week during trial that Seattle has budgeted (or was it spent?) only $1M in fees so far in the fight to keep the Sonics here. No, spending $1M would not have gone far in getting an arena approved in legislature in time...as you seem to reason.

Thank you...come again...please feel free to grace us with your intellegence and blast our city anytime.

Posted by sman

6:55 AM, Jun 20, 2008

Well dog gone, dawggone. Your assumption being that you have indeed blessed this board with your intelligence...stay at your end of the latte bar and on one will be hurt. Fact is, I was blasting these procedings being necessary in the first place...only 1 million thus far, yes that is an impressively low amount of money. I am sure the 65% of the people that voted they did not care if the Sonics left or felt it would not make a difference, agree wholeheartedly with you. My post was not intended to be an analysis of say someone with your keen legal awareness. There were opportunities for the Sonics to stay there without all this. If you think saying Circus, which was directed at this court process, blasted your city...AZ?, then you have obviously missed the many slams of OKC by the fine people of Seattle, including the sports writers. This is between Seattle and the Claymations. OKC is just the possible destination. I think I had a right to make my post, although you and the other aspiring or expiring attorneys may wish to keep the board limited to your intellectual, latte smacking, legal briefs. Of course these are only my opinions. I felt the need to respond, since you all but called me out into the street, but I will probably leave the rest to the real court, which is not the slam dunk many of you previously thought. Take care dawg! No harm intended.

Posted by DAWGONE in AZ

8:44 PM, Jun 20, 2008

Huh?...wow, I went through a wirlwind of emotion with that post...

You are wrong on so many accounts I don't know where to start...but no, latte's do not tast good in 114 degree weather...and if you were questioning my being a seattleite, yes, I rode my bike down to Ray's boathouse and went to the beach on a weekly basis as a kid.

Have fun with the cows...

Recent entries

Jun 19, 08 - 10:15 PM
Day 4 follies and fumbles

Jun 18, 08 - 09:11 PM
Day 3 triumphs and defeats

Jun 17, 08 - 09:50 PM
Second day scorecard for the trial

Jun 16, 08 - 07:45 PM
First day winners and losers

Jun 13, 08 - 04:27 PM
Mayor Nickels will be the first to testify

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