Tyson will go to high court

Bill Gang

Tuesday, Oct. 6, 1998 | 12:57 p.m.

Tyson tring to get records kept secret

It appears the psychological records of embattled boxer Mike Tyson are going to become public unless the Nevada Supreme Court jumps in at the last minute.

District Judge Gene Porter refused Monday to take a step back -- even for a few days -- and block the release he ordered last week of the potentially embarrassing if not professionally damaging psychological records.

Porter ruled last week the public has the right to see documents that are turned over to the Nevada State Athletic Commission as part of Tyson's attempt to win reinstatement of the license he lost after biting heavyweight champion Evander Holyfield's ears.

Tyson's lawyer, James Jimmerson, had asked Porter to keep the records under wraps while he appeals the secrecy issue to the Nevada Supreme Court either today or tomorrow.

The tap dance for Tyson and his team is how to address the appeal issue at the high court while maintaining the tentative Oct. 19 hearing date before the commission.

The Supreme Court seldom addresses sensitive legal issues in such a short period of time, and Tyson may have to chose between the legal fight to keep his psychological profile private and his desire to regain his license as quickly as possible.

The reality is that even if Tyson's psychological evaluation is blocked by the Supreme Court, the pertinent parts are going to be revealed at the upcoming public hearing through questions asked by commission members.

Deputy Attorney General Don Haight noted that it is Tyson -- and not the commission -- who is pushing for the expedited resolution to the issue. Haight indicated the commission wouldn't mind if the hearing were delayed for months.

"I've committed to cooperating with the commission," Jimmerson said. "We don't want to lose the Oct. 19 date."

If that date is to stand, Haight told the judge, the commission needs Tyson's records as soon as possible to prepare for the second round of questioning. That preparation will include turning the records over to a commission psychologist for analysis.

Jimmerson said he was told that process will take only four days and he asked Porter for a compromise order that would keep the records secret until Oct. 13.

But Porter said he believes his ruling last week making the records public was correct and he isn't willing to reverse himself or order a delay.

He suggested, however, that Tyson simply postpone turning over the records for a few days. That would give the Supreme Court a chance to consider sealing the documents pending a decision whether to reverse Porter.

After the hearing, Jimmerson hinted that in light on Porter's decision Monday, Tyson might abandon the often ponderous appeal process.

"I think it's important that Tyson continue to focus on the meeting and all the requests of the athletic commission," Jimmerson said.

"We need to decide now whether to seek a review of Porter's ruling to disseminate the highly sensitive records to the public, no matter how embarrassing or unflattering the records may be."

"It is abhorrent to me that public interest demanded release of records that any person would agree should remain confidential," the veteran Las Vegas attorney said.