Sonics Trial Blog
Seattle Times reporters Percy Allen, Jim Brunner and Danny O'Neil are filing updates from the courthouse throughout the day.
June 26, 2008 11:15 AM
Posted by Danny O'Neil
Neither side was upset with the ruling that Deputy Mayor Tim Ceis won't testify.
Paul Taylor, an attorney for the Sonics, argued that to allow Ceis to testify now, on the final day of the trial, about communications with the law firm retained by the city, it deprived the Sonics of its opportunity for discovery.
Paul Lawrence, the city's lead attorney, argued that attorney-client privilege had not been asserted with respect to the things Ceis would be testifying about.
Judge Marsha Pechman said she was not going to allow Ceis to testify because there was no evidence the attorney-client privilege had been waived in the record.
"You can not use the privilege as a shield and then turn around and use it as a sword," Pechman said. "You have to decide early on if you’re going to keep matters privileged or offer them up. In this instance, the city never designated the scope of the privilege they wish to waive or decline."
Lawrence, the city's attorney, said he was satisfied with the decision because Pechman accepted the stipulation from Ceis' sworn April 2008 deposition in which he said he had never seen the "Poisoned Well" PowerPoint (distributed at former Sonics President Wally Walker's home in October 2007) until the deposition.
Also entered into evidence was the letter in which the city retained the services of the K&L Gates law firm in September 2007. The letter stated explicitly that former U.S. Sen. Slade Gorton and Gerry Johnson were engaged in a separate effort to retain professional basketball in Seattle. Lawrence termed this a "carve out," which showed the firm was involved in a separate effort that related to the team -- one that did not involve the city at all.
Jul 2, 08 - 02:01 PM
Godden: Looks like a settlement for Sonics and city
Jul 2, 08 - 11:49 AM
City and the Sonics discussing settlement?
Jul 2, 08 - 06:00 AM
Judge to rule today in Sonics case
Jun 26, 08 - 07:44 PM
Confidential? Let's talk about it: Slade Gorton's NBA meeting
Jun 26, 08 - 07:22 PM
Press conference audio
Furniture & home furnishings
Bothell (WA) Moving Boxes Seattle Moving Ki...
City of Burien NOtice of Application for PL...
City of Kirkland Notice of SEPA Determinati...
POST A FREE LISTING
Sonics attorneys focus on city's "poisoned well" plan
Bennett says Sonics could lose $60 million if forced to stay in Seattle 2 more years
Sonics CEO: Fans are apathetic
Clay's excuses sound as contrived as his arena plan
On the hot seat: Sonics' attorney trips up Nickels
Attorneys in Sonics case described as tenacious, polite
This judge will decide the fate of the Sonics
Seattle vs. Sonics: Trial starts next week, if there's no settlement
Take a closer look at the Sonics case
More revealing Sonics e-mails emerge
OKC officials inform Schultz they expect Sonics to relocate, no matter who owns team
Sonics e-mail hints at NBA's concern over breach of promise
Howard Schultz suit adds fuel to e-mail fire
NBA owners approve Sonics' move, but legal fight continues in Seattle
E-mails reveal Sonics owners intended to bolt from Seattle
Oklahoma House passes tax package designed to help lure Sonics
2007 "Poisoned Well" document (PDF)
Ward: "Are we doomed to have another lameduck season in Seattle?" (PDF)
Bennett's e-mail to Stern: "You are just one of my favorite people on earth" (PDF)
Clay Bennett and Sonics' court filing (PDF)
Gallery | Seattle SuperSonics: Lasting memories
Gallery | Bittersweet night for Sonics fans
Gallery | Sonics through the years
Gallery | 25th anniversary of Sonics world championship
Gallery | End of a Season, End of a Franchise?
Sports fan "Big Lo" seeks answers from Howard Schultz