Sterling Trial Day 2: Mr. Sterling's Wild Ride
Donald Sterling took the witness stand on Day 2 of his trial and it was everything that people anticipated. He was the proverbial loose cannon: irrascible, pugnacious, preening, self-centered, tearful, funny and playing by his own set of rules. He verbally sparred with famed litigator Bert Fields, attacked the two doctors who examined him and found him to be "mentally incapacitated", accused one of those doctors of being drunk during the examination, proclaimed that the NBA was engaged in a vendetta against him and railed against the media. Virtually every live blog of his testimony used the phrase "off the rails". But the question remains, was he crazy, crazy like a fox or mostly irrelevant.
The answer is that Sterling's testimony, while highly entertaining, was largely irrelevant. Donald Sterling's mental capacity is not one of the issues to be determined by Judge Michael Levanas during this trial. Instead, he is being asked to determine whether Shelly Sterling and her doctors adhered to the procedure set forth in the Sterling Family Trust to declare him mentally incapacitated. So long as that procedure was followed, Judge Levanas must ratify Donald Sterling's removal as co-trustee. But how can you ignore a cross-examination that includes Donald Sterling bellowing at famed litiigator Bert Fields:
Be a man, for God's Sake, Be a Man!
Please follow below the fold to find the amusing quotes from Sterling's testimony, its potential relevance and a recap of the other testimony of the day.
Donald Sterling's Over The Top Testimony
Sterling Fought With Fields For Control Of The Courtroom
At the start of his testimony, Sterling attempted to take control of the courtroom by announcing that he had difficulty hearing:
First words from Donald: "I have a little difficulty hearing with my left ear."— Nathan Fenno (@nathanfenno) July 8, 2014
For the rest of his examination, Sterling repeatedly claimed that he could not hear Bert Fields questions and would only respond when Judge Levanas repeated the questions.
Sterling repeatedly belittled his questioner, Bert Fields, throughout the examination. On at least three occasions, Sterling asked Fields, "What is your name?" in an attempt to get under the skin of the famous litigator. He derided Fields as a "smart ass". He made calculated comments to attack Fields' experience and expertise:
"I don't think you have been practicing [law] very long." Fields has been practicing law since 1953.
"I've never met a lawyer like this before."
"What do my bank loans have to do with this weird lawyer?"
"You're wrong, like you've been wrong on every question you've asked today."
At that point, Judge Levanas stepped in to take control. He asked Sterling, "How can you be wrong when you ask a question?"
Sterling's Attacks On The Doctors
The most important issue before the court is determining whether the examinations conducted by Dr. James Spar and Dr. Merril Platzer complied with the procedure set forth in the Sterling Family Trust. Donald Sterling took aim at both doctors throughout his testimony. "You can call me whatever you like, but those two doctors shouldn't be practicing medicine. I know it and you know it."
In his most salacious testimony, Donald Sterling testified that Dr. Platzer was "intoxicated" during her examiantion of him on May 19.
Sterling said Dr. Platzer suggested they go for drinks at the Polo Lounge during exam and finish later. Dr. previously denied this.
— Arash Markazi (@ArashMarkazi) July 8, 2014
Sterling testified that Dr. Platzer arrived for the examination distraught about her divorce and drunk. LA Times reported Nathan Fenno tweeted that "even [the] baliff is shaking his head at answers."
Sterling also attacked the examination conducted by Dr. James Spar. He testified that Spar "snuck into my tiny little den and sat so close that I couldn't even breathe." Judge Levanas may conclude that this testimony is demonstrably false, because Dr. Spar recorded in his report that Donald Sterling arrived in the room where he was examined with his wife Shelly after Dr. Spar had already arrived and that Donald Sterling arranged the seating during the examination.
"He asked her to sit on a chair to my right, while he sat in a chair to my left, and I was sitting between them on the couch."
There are two competing conclusions that Judge Levanas might draw from Donald Sterling's false testimony. The judge might conclude that Donald Sterling is purposefully lying, which would be deadly to his credibility. Alternatively, he might conclude that Donald Sterling cannot recall the circumstances of his examination, which would re-inforce the finding of mental incapacity.
Donald Sterling's Testimony About His Wife
Donald Sterling's testimony about his wife Shelly veered from wildly complimentary to hideously insulting. Donald declared that Shelly Sterling was the only person in the whole world that he loved and trusted. But he later testified that Shelly tricked him into sitting for neurological testing by telling him that it was merely because he had recently turned 80 years old. He blamed Shelly's desire to sell the team on her caving in to extreme pressure from the NBA .
Sterling's explanation for his rescinding his permission for Shelly Sterling to negotiate the sale of the team was bewildering and contradictory. First, he testified that he had granted Shelly permission to sell the team only on the understanding that he would continue to own a percentage of the team after the sale. When he saw that the Binding Term Sheet with Steve Ballmer did not provide for any continued ownership, he rescinded his permission. Second, he testified that granting Shelly Sterling permission to negotiate the sale of the team did not encompass granting her permission to actually sell the team.
Finally, Donald Sterling contradicted his attorneys' public statements that he was fighting the sale of the team to "restore his dignity". Sterling testified that he was fighting the sale because $2 billion was not fair value for the team. According to Sterling, he could sell the team for $2.5 - $5 billion, because he would be able to sell the Clippers' cable rights for $300 million/year, similar to the deal that the Los Angeles Lakers recently signed with Time Warner Cable. Sterling further testified that he expected to receive $9 billion in damages when he prevailed in his anti-trust suit against the NBA and Adam Silver.
The Impact Of Donald Sterling's Testimony
Judge Levanas is the most important audience for Donald Sterling's performance. The judges' comments during the course of Sterling's testimony - such as admonishing him for refusing to answer questions by providing "somewhat humorous" answers - show the judge understood Sterling to be fighting Bert Fields for control of the courtroom. But the image of Donald Sterling battling for control is antithetical to the idea that Donald Sterling was duped into sitting for cognitive testing. And Donald Sterling's flights of fancy in his testimony undercuts his credibility when he accuses an esteemed doctor of having conducted her examination while "intoxicated."
Donald Sterling's testimony continues later today.