Tyson asks Supreme Court to keep medical records private

Thursday, Oct. 8, 1998 | 11:59 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- Boxer Mike Tyson has asked the Nevada Supreme Court to keep the results of his mental examination confidential because there is a "great possibility of misuse" if they become public.

Tyson doesn't object to the report from the Massachusetts General Hospital being submitted to the Nevada State Athletic Commission, which ordered the examination as a condition for his regaining his license. But, his lawyer said, those reports should be for internal use and not public dissemination.

Tyson, through Las Vegas lawyer James Jimmerson, asked the court Wednesday to stay a lower court ruling that allowed the evaluation to be made public.

There was no indication when the Supreme Court might rule on the petition.

By allowing the public to see the results, Jimmerson says "The potential for misuse and mischief is apparent." He also said the Massachusetts hospital has been subpoenaed to produce the records in a federal court in New York considering a suit between Tyson and Don King.

Tyson's mental state and character in that suit are not at issue, Jimmerson said. Yet King's lawyers are seeking the documents.

And the release may result in Tyson not getting a fair hearing before the commission, despite the assurances of its members, Jimmerson said.

Tyson seeks an immediate ruling from the Supreme Court so the records can be submitted to the athletic commission by Oct. 12 in time for its tentatively scheduled Oct. 19 hearing in Las Vegas.

"If he can't turn over the records by Oct. 12, he (Tyson) loses," Jimmerson said, because the hearing will be canceled and that will add to Tyson's money problems.

The former heavyweight champion is "in poor financial condition. He needs to box again to support himself and his family. That is why Tyson agreed to the condition of neurological and psychological examinations imposed by the commission," the court petition says.

Tyson signed an agreement to release the medical results to the commission. There was nothing in the document about public disclosure.

Tyson lost his license for biting the ears of heavyweight champion Evander Holyfield in their Las Vegas fight last year. The NSAC revoked his boxing license July 9, 1997, with the stipulation Tyson could reapply anytime after one year.

The athletic commission, before it makes a decision, wants to know the current diagnosis of Tyson; if any treatment or therapy is needed; will he be able to handle stress in an unpredictable situation; what's the potential for him committing another major foul in the ring and is he mentally fit to compete within the rules and regulations.

It gave him a choice of examination at three hospitals.

Dr. Ronald Schouten, who supervised the evaluation in Massachusetts, advised against the public release of the results. "This would be harmful to Mr. Tyson and contrary to his best clinical interests," Schouten said in a letter to Nevada boxing authorities.

There's no opposition to revealing the results to the commission if Tyson agrees, Schouten said. But he said making the document public would serve no use.

Jimmerson says the scales tip in favor of keeping the document confidential when the interests of Tyson are weighed against "the feeding frenzy of the media and the mouths of the hungry public."

Citing prior cases and the law, Jimmerson argues there is a "strong public policy" for keeping these medical records confidential.