Tyson report to become public

Tim Graham

Friday, Oct. 2, 1998 | 9:49 a.m.

For more than a decade, people have wondered what goes on inside the mind of Mike Tyson.

They are about to find out -- possibly as soon as this afternoon.

Tyson's legal team failed Thursday in an attempt to seal the findings of the psychological tests requested by the Nevada State Athletic Commission. District Judge Gene Porter ruled results from the five-day battery of tests were not covered under normal physician-patient confidentiality because they were done at the request of a third party.

The NSAC deemed the tests necessary to decide whether the former heavyweight champ was fit to receive another boxing license. The 32-year-old Tyson agreed to be evaluated.

"I'd like to help you," Porter told Tyson's local attorney, James Jimmerson. "I feel sorry for the man, but I can't help you."

The tests were conducted through Sunday at Massachusetts General Hospital in Boston. The subsequent report was ordered to be delivered on Monday, but has been withheld by Dr. Ronald Schouten until the question surrounding confidentiality was settled.

In the meantime, the results have not been released to Tyson, his attorneys or the commission.

Although the contents of the report are a mystery, Jimmerson said it was in his client's best interest to keep the results private. The motion to seal was filed late Thursday morning. The hearing was hastily scheduled after the Attorney General's office waived its right to have one judicial day of notice.

"What good it is to embarrass Mike Tyson?" Jimmerson asked Porter. "Is there a need for the public to have embarrassing records on Mike Tyson? No.

"We want to ensure this information about Mike Tyson will not be turned into one-liners on the Jay Leno show."

With the motion denied, Deputy Attorney General Donald Haight summarized Tyson's options.

"Mr. Tyson has the option to sign the (NSAC) release and turn the results over to the commission," Haight said, "or not sign the release and the commission will have to make a decision without that evidence."

The latter alternative would almost certainly result in a swift denial of Tyson's reinstatement.

Jimmerson indicated his need to speak with Tyson before considering their next move.

"We're going to talk (today)," Jimmerson said late Thursday night. "We have not fully decided what we intend to do.

"If the decision is made to go forward, (the dissemination of the report) will be immediate, either (today) or Monday."

The commission will receive the report at the same time Tyson and his attorneys do. Once released, it immediately will be made public in accordance with Nevada's Open Meeting Law.

Porter did acknowledge a confidentiality agreement between Tyson's attorneys and the Attorney General's office is legal under state law and would preclude the NSAC from making the test results public information. But Deputy Attorneys General Haight and Kirk Hendrick reiterated their intention to release the results to avoid any possible criminal charges for violating state public records laws.

"Our commission is in favor of the Open Meeting Law," Hendrick said. "The public has a right to see what type of individuals are deemed mentally and physically fit to compete in this state."

The new Team Tyson, now comprised of lawyers, doctors and advisers rather than cronies and lackeys, originally sat before the NSAC on Sept. 19. Tyson sought reinstatement from the commission's indefinite suspension for biting Evander Holyfield's ears last year.

The hearing was recessed until the test results could be digested by the five-member commission. The original date to reconvene was Saturday, contingent upon the commission's receipt of the psychological report on Monday.

The new date to reconvene has tentatively been set for Oct. 19.

"I can't set an official date until we have the records," NSAC executive director Marc Ratner said.

Tyson's psychological records won't be the only aspect of his life the commission plans to analyze at the next session. Tyson is expected to be questioned about an Aug. 31 traffic incident in Maryland. Two men alleged Tyson punched and kicked them in an altercation stemming from a fender-bender.

Tyson's attorneys are negotiating with attorneys for the two men in hopes of reaching a settlement before the NSAC hearing continues.