Day 3 of Sterling Trial: Donald Yells In Court & Calls Wife A "Pig"
On the third day of his trial, Donald Sterling put on a master class on how not to behave in court. He demonstrated a complete inability to control his anger, yelling at the court:
"MAKE NO MISTAKE TODAY. I WILL NEVER, EVER, EVER SELL THIS TEAM. UNTIL I DIE, I WILL BE SUING THE NBA FOR THE TERRIBLE VIOLATIONS OF ANTI-TRUST THAT THEY HAVE IMPOSED ON MY FAMILY."
After Shelly Sterling testified, Donald verbally assaulted his wife for having the temerity to testify about his mental decline. When she approached him, he snapped:
"Get away from me, you pig. Shelly, how could you lie?"
Under California probate law, inability to control anger is one of the hallmarks of mental incapacity.
Steve Ballmer's attorney, Adam Streisand, aptly described Donald Sterling's outburst at Shelly as "a shameful display by a seriously demented tyrant, and he proved today that he absolutely has to go."
Please follow below the fold for more blow-by-blow from Day 3.
Donald Sterling Accused The NBA Front Office Of Corruption
In testimony that came from out-of-nowhere, Donald Sterling announced that he was not being banned from the NBA for his racist statements, but rather because he had uncovered corruption in the NBA Commissioner's office. He contended that he was accused of racism solely to burnish the reputation of new NBA Commissioner Adam Silver:
This guy's been in office all of 60 days, and he's going to show the world he's not going to permit racism. But I'm not a racist. I love all people.
According to Sterling, the real reason for the disclipline against him was that the NBA front office was exacting revenge against him because he had determined that there was $150 million in missing money from the NBA. This wild accusation is new for Donald Sterling. It was not included in the five count complaint he filed against the NBA in federal court last month.
Donald Sterling's Game Plan: Fight The NBA In Court
Donald Sterling articulated the strategy behind his decision to resist the sale of the Clippers. He testified that he knows that the NBA will seek to strip him of ownership, but that is part of his plan. Once he has forced them to "get their hands dirty", he expects to be able to prevail in his anti-trust suit against the NBA and win $9 billion. If he were to acquiesce in the sale, he would not be able to pursue this claim.
Donald Sterling also again testified that he would have be willing to walk away, if only the NBA had rescinded its penalties against him in conjunction with the sale of the team. Given Donald Sterling's mercurial nature, it is hard to know whether to credit his claim. But it appears that Adam Silver and the NBA front office would rather have the problems that come from Donald Sterling's opposition than risk losing the support of the players, media, advertisers and fans by backing down on the punishment imposed.
Donald Sterling's Chaotic Testimony About Shelly
Once again, Donald Sterling's testimony about his wife was all over the map. He began his testimony by expressing sympathy for Shelly, stating that she had been intimidated by the NBA - 'the worst corporation in America" - into agreeing to sell the team. "My wife was terrified." He testified that she had been "mesmerized" by her attorneys and the NBA.
Donald's kind words for Shelly Sterling quickly turned to rage once the topic changed to his neurological examinations. Donald claimed that Shelly told him that the examinations were merely to check on his health.
" She deceived me. I trusted her. I believed in her. I never thought that a woman wouldn’t stand by her husband."
In testimony that is likely to boomerang against him, Donald Sterling disparaged Shelly Sterling's understanding of the Sterling Family Trust and the family's businesses.
"My wife, in her entire life, has never read the trust. She wouldn’t know what’s in the trust. The trust is complicated...I know what’s in the trust."
The problem for Donald is that his claim to know the terms of the Trust undercut his claim of surprise at the use of his neurological examinations. if he knew the provisions of the Trust, he would have known that he could be removed as co-trustee based upon a certification from two physicians that he was mentally incapacitated.
Donald also derided his wife's business acumen. He claimed that he was the sole officer running the Sterling family businesses and that Shelly Sterling could not even give the name of a single one of the "fifty" charities they support.
At the end of his testimony, Donald Sterling reverted to kind words for his wife. Without any prompting, he stated:
“I do it all. And I’m happy to share it with my wife. I worked a lifetime. …And, I’m happy to give her half (pauses) and maybe more.”
— Dan Woike (@DanWoikeSports) July 9, 2014
He would soon change his tune yet again.
Shelly Sterling's Devastating Testimony
Shelly Sterling followed Donald Sterling to the stand and painted a devastating picture of a man out of control. She testified that she and Donald were "sort of" separated, but that she continued to love her husband. Shelly stated that she was Donald's "sole caregiver" with responsibility to give him his daily medications.
She testified that in the past few years, Donald had slipped mentally. He had become "more forgetful. He's slurring his words. He's agitated a lot. He gets mad for no particular reason. He's just not the same person he used to be." She stated that she was in tears after watching his dreadful interview by Anderson Cooper and feared that he had suffered a stroke. For that reason, she testified, she asked him to undergo neurological testing. Shelly apparently did not provide any explanation for why her attorneys arranged for the examinations or whether she knew at that time they could be used to oust Donald as co-trustee.
When Shelly Sterling stepped down from the stand for the day, Donald Sterling ripped into her as a "pig". Judge Levanas admonished Donald, "Please don't make any comments about your wife. That's somewhat disturbing." Shelly was reduced to tears and her attorneys asked that Donald Sterling be removed from the courtroom. When that request was denied, deputy sheriffs stepped in between the two sides.
Shelly Sterling will return to the stand to conclude her testimony and cross-examination on Day 4 of the trial.
Dr. Platzer Denied Sterling's Wild Accusations
Earlier in the day, before all the tumult raised by Donald Sterling, Dr. Merril Platzer concluded her testimony. She denied Donald Sterling's accusations that she was "intoxicated" while she performed her examination. She also testified that she believed that HIPAA (the federal medical privacy law) did not bar her from sharing her findings with Shelly Sterling's attorneys, because the Sterling Family Trust has an explicit waiver of HIPAA protections with respect to medical examinations for mental incapacity.
Verdict Unlikely Before July 15
In the second biggest news of the day, Judge Levanas informed the parties that he was unlikely to render a verdict before July 15, the date of the next NBA Board of Governors meeting and the deadline for closing the sale to Ballmer. Initially, he said, "It's not going to happen" but quickly softened and said it was "unlikely." The NBA Board of Governors must meet to approve any sale of the team, and Steve Ballmer will not move forward with the purchase until Shelly Sterling receives final non-appealable court approval of her sale of the Clippers. It is highly likely that (1) Ballmer will agree to extend the deadline for closing and (2) a special meeting of the Board of Governors will have to be convened if when Judge Levanas rules in favor of Shelly Sterling.