By Michael Swann

The Dan Goossen/Robert Guerrero arbitration that was on the agenda of the February 10 meeting of the California State Athletic Commission (CSAC) was considered to have been long ago settled. On February 5 we called an impeccable Golden Boy source on the matter and was advised that the purpose was merely to “rubber stamp” the decision. The source even went so far as to contact their attorney and called me back to assure me that the information that I was given was correct.

It made sense. After all, the matter was sent to the arbitrator, then Executive Director Armando Garcia, for determination on September 30.  Also, two-time featherweight titlist Guerrero fought under the Golden Boy banner on the Margarito-Mosley undercard on January 24 without question.

But as it turns out the decision was far from a done deal, and in fact there is strong evidence to suggest that one of the commissioners should have recused himself because of long time dealings with Oscar De La Hoya, the president of Golden Boy.

For what it is worth, Goossen-Tutor Promotions sent a message to the CSAC on February 6, one day after my inquiry, outlining their case. In part it said that Garcia, who by rule had until November 14 to render a decision, never issued and signed his decision before he was asked to resign in early November. Assistant Executive Director William Douglas signed on behalf of Garcia on December 12.

There is more at issue here, including alleged bias and impropriety by a California Assistant Deputy Attorney General, a Mr. Earl Plowman, who acted as a CSAC attorney in the arbitration.

 For now we’ll stick to the facts at hand, however it is curious that Plowman would display displeasure when the Goossen team objected to his intention to drive Shelly Finkel, Guerrero’s advisor who has close ties to Golden Boy, to the airport while the decision was pending as the Goossen team alleges.

Hopefully we’ll delve into the background story in greater detail prior to the April CSAC meeting. 

The Goossen concern is that Douglas, who did not attend the arbitration, could not have a true sense of the testimony such as the tone of voice, or the body language of the participant. Goossen questions how he could make a fair decision without such observation.

Interestingly, Golden Boy CEO Richard Schaeffer appeared at the CSAC meeting on February 10, sat there throughout the day, and remained until the meeting ended after 7:00 p.m. If thought to be simply a formality why would the company’s CEO deem it important enough to spend his entire day there, a day before his vacation at that?  

As it turned out, at the end of the day the Goossen request to re-arbitrate was tabled until the April meeting after a 3-3 vote. At that time both Robert Guerrero and his advisor Shelly Finkel will be given an opportunity to speak.

Here’s the problem - after the meeting broke up at 7 p.m., Schaeffer was seen talking to Peter Lopez, a commission member whose vote fell on the Golden Boy side. Lopez is a powerful entertainment attorney who is said to have represented Oscar in the past. He’s married to Catherine Bach, the original “Daisy Dukes,” worked as co-producer on “Serena,” and has composed three motion picture musical scores.

In 2004, prior to his appointment to the commission, Lopez was presented with the Oscar De La Hoya Foundation Champion Award and received a “large statue” for his “generous support” to the Foundation. Both he and Bach spoke at that Foundation dinner. And this is by no means hearsay as the information was obtained from the Golden Boy website.

For the record, I’m completely behind the personal dedication and generosity to make a difference in the lives of young people as the De La Hoya Foundation seeks to do. Furthermore I am told by more than one person that Lopez is a “wonderful person.”

But I must ask - If you reach for your wallet and end up shaking hands with Richard Schaeffer is that not a conflict of interest? If you are on a committee that has to vote on Golden Boy business and Oscar’s Foundation has given you an award for generosity, should you not recuse yourself and offer full disclosure?

In this instance committee member June Collison left prior to the vote, leaving a 3-3 deadlock. If Lopez had recused himself, the Goossen motion would have carried and the case would be re-arbitrated.

As it currently stands the ethics of the vote come under question, as well as Schaeffer’s appearance for an event thought to be just a formality. Is he psychic or just “tuned in?”

It’s actually not too late. Mr. Lopez should make a deposition under oath regarding his personal and business dealings with Golden Boy and recuse himself from all future matters regarding the company. Right now it can still be explained as an honest mistake. Later it can only be viewed as collusion if not addressed. Transparency is the key.

There’s no objection here to an athlete’s desire to improve himself, provided it is done under the rules and the law. Guerrero is certainly not the first fighter who wanted to move to Golden Boy and dreamed of sugarplums, high profile fights, fat purses, PPV and HBO. In that respect, they are the George Steinbrenners of the sport.

Guerrero fights once more before the April meeting, on March 7 on HBO. Other newly acquired Golden Boy prospects will be on the card - James Kirkland, formerly with Gary Shaw, and Victor Ortiz, previously with Top Rank.

Maybe HBO should dub the card, “The Night of the Golden Boy Back Door Players.”

NOTES:

As all boxing fans are now painfully aware, former welterweight champion Antonio Margarito and his trainer Javier Capetillo had their licenses revoked for a minimum of one year at the February CSAC meeting. Capetillo testified that he accidentally put illegal pads into Margarito’s hand wraps prior to his fight with Shane Mosley.

It’s difficult to picture a mistake of this nature, particularly on both hands, from a trainer earning $218,000 for one night. That, and the fact that his nose was growing was enough to convince the commission of guilt despite the fact that the lab reports on the pads were not completed as yet.

Despite the staunch support of promoter Bob Arum and the president of the World Boxing Council, Jose Sulaiman, Margarito’s “dog ate the homework” defense has won few supporters. In any event, Margarito couldn’t get off the hook despite being represented by high profile attorney Daniel Petrocelli of O.J. Simpson II fame. And any time a celebrity attorney can’t get a celebrity client an innocent verdict in California, that’s a bad sign.

Petrocelli’s opposite number, Karen Chappelle of the California Attorney General’s office apparently made a bad impression on Mr. Arum. After the hearing, a livid Arum allegedly called Chappell a “Nazi,” according to several witnesses.