Tuesday, June 29, 2004 | 8:45 a.m.
A U.S. magistrate is considering whether to allow tape recorded conversations about throwing a boxing match into a sports bribery trial.
Judge Lawrence Leavitt heard arguments Monday on the motion made by boxing promoter Robert Mitchell's attorney to have the tapes kept out of the trial.
Mitchell is charged with sports bribery and conspiracy to commit sports bribery for allegedly fixing fights to promote the career of boxer Richard Melito Jr. According to a federal grand jury indictment returned in August 2001, Mitchell offered boxer Thomas Williams $15,000 to throw an August 2000 match at Paris Las Vegas against Melito Jr.
Mitchell's lawyer, Thomas Naylor, argued Monday that tape recordings of a conversation between Mitchell and a South Carolina fighter in 1999 should not be allowed as evidence in the trial.
The tapes are of telephone conversations between Shelby Gross and Mitchell about a planned fight between Gross and Melito Jr. that never occurred. Gross was allegedly offered $6,000 to fight Melito Jr. or $15,000 to throw the fight.
Naylor said that Gross wanted out of his contract with Mitchell and that on the tapes Gross brings up throwing a fight in order to get Mitchell on tape talking about the illegal activity so that he could blackmail Mitchell.
Assistant U.S. Attorney Eric Johnson, head of the Organized Crime Strike Force, said that Gross did not make the tapes for any illegal purpose and that he turned them over to his attorney.
Leavitt said he would soon issue a written order about whether tapes can be among the evidence considered in the trial.
Thomas Williams is also charged with sports bribery and conspiracy, and a third defendant, boxing promoter Robert Mittleman, has pleaded guilty to fixing two fights including the match between Williams and Melito Jr.
Mittleman's sentencing is scheduled for July 26 before U.S. District Court Judge Robert Jones.
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