Judge denies late-punch victim’s request

Friday, Jan. 28, 2000 | 2:20 a.m.

The judge said he could not rely on the claim that Orlin Norris was orally promised a rematch to say he believed that a late hit he took from Tyson during a fight last October was accidental.

State Supreme Court Justice Barry Cozier noted that one of Norris' lawyers was in his dressing room when the alleged deal was done, yet nothing was put in writing. The judge said it appears unlikely that Norris will win his case.

Tyson, 33, punched Norris after the first-round bell during a bout on Oct. 23 in Las Vegas. Norris, 34, who apparently injured his knee when he hit the canvas, was unable to continue and the fight was declared no contest.

Norris, 34, of Lubbock, Texas, says he reluctantly agreed to speak on Tyson's behalf because Shelly Finkel, the former heavyweight champion's manager, promised Norris an immediate rematch in return for the favor.

Norris' lawyer, Judd Burstein, asked Cozier to order Showtime, the cable TV network that carries Tyson's fights, to withhold $2 million from Tyson's Jan. 29 fight with Julius Francis in England until the case is decided.

Burstein said $2 million is what Tyson's people promised to pay Norris for the rematch. He also asked for a temporary restraining order, or TRO, to stop the Tyson-Francis match, but Cozier denied that application, too.

Cozier also said that based on the evidence before him, "It would be inappropriate to grant a TRO against third nonparties (Showtime)."

Tyson's lawyer, Jerry Bernstein, said no deal exists between the two fighters. "This is a ludicrous claim and we'll be filing a motion to dismiss," he said. "There's no written evidence at all, and that's what the judge relied on."