In a telephonic hearing Wednesday, the Nevada State Athletic Commission voted 5-0 not to hear an amended settlement agreement between Reno middleweight Joey Gilbert, his attorney Mark Schopper, of Reno, and Christopher Eccles, deputy attorney general for the state of Nevada.
Commission chairman John D. Bailey and commissioners Raymond "Skip" Avansino, Bill D. Brady, T.J. Day and Pat Lundvall unanimously elected to discuss the item at the next available in-person hearing, possibly in Reno.
The commission temporarily suspended the 32-year-old Gilbert, 16-1 with 12 knockouts, after he tested positive for several banned substances, including Stanazolol metabolite (a steroid) and the prescribed amphetamine Adderall, following his one-round technical knockout of Charles Howe, of Grelton, Ohio, Sept. 21 at the Grand Sierra Resort in Reno.
The commission also voted 5-0 to reject a stipulated agreement reached by Gilbert, Shopper and Eccles at an in-person hearing May 24 in Las Vegas and unanimously elected to proceed to a full evidentiary hearing in the future.
On the advice of senior deputy attorney general David Newton, who is representing the commission in this matter, Bailey began Wednesday's meeting by addressing some concerns that the commission had in its possible violation of the open-meeting law.
Schopper said that the commissioners were engaging in a private discussion without the presence of Schopper, Eccles and the public by not following the notice and other requirements of the open-meeting law.
The open-meeting discussion stemmed from a two-page chain of e-mails that was exchanged between Brady, Nevada State Athletic Commission ringside physician David. L. Watson, of Las Vegas, and the other commission members.
Schopper said this communication indicates two violations of Nevada statutes beyond the open-meeting law. He said the statutes preclude Brady from acting as an investigator while participating as an adjudicator in this matter and commenting directly or indirectly with any person regarding the facts of the case. Schopper also requested that Brady recuse himself from the matter.
Furthermore, Schopper said the e-mail implied that NSAC executive director Keith Kizer, who removed himself from any further involvement in the matter in January, is still participating in the proceedings against Gilbert.
Lundvall and Day said they had yet to read the two-page document in which Watson opens by addressing Brady and Keith Kizer, presents his apparent expertise on the effects of the Adderall and then expresses to Brady his personal opinion of Gilbert.
Brady refused to recuse himself. He, Bailey and the other three commissioners said they could remain impartial regarding Gilbert's guilt or innocence in spite of the contents of the e-mail.
In the document, which was provided to the Nevada Appeal by Schopper, Watson takes several personal shots at Gilbert.
"Yes, (Gilbert) is beyond guilty, and as an attorney, he is a pathetic human being, a 'non-athlete' and put his opponent at risk unethically. He took pills right before the fight to get high, be stronger, and win at any cost...I was just waiting for the three of us to jointly decide how to phrase that part of it. I think Keith would be perfect in this regard as an attorney...Always happy to help, David."
Gilbert and Kizer are both attorneys.
Gilbert took exception to the contents of the e-mail.
"All I have to say about the entire process is that I'm tired," said Gilbert, who admitted on May 24 to taking Adderall and Valium in prescribed doses in the weeks before the Howe fight and unknowingly ingesting Stanazolol metabolite (he said he was taking 72 supplements at the time). "I've taken my lumps for 10 months. I've done my time. I want to move on. I want to fight. Dr. Watson has never met me. He doesn't know me. His statements alone are so wrong that they make me sick.
"I was a three-time national champion (for the University of Nevada club boxing team). Look at my record. And he calls me a 'non-athlete'? I read that and I get sick. I'd have a hard time judging myself. It's sad a ringside physician would say that."
Schopper expressed his concern during and after the meeting.
"I don't feel Brady should remain seated on these particular matters," Schopper told the commission. "If he doesn't recuse himself, Mr. Gilbert isn't going to get a fair hearing. I object to (Brady's) participation at any level."
Schopper also told the commission that he'd like to reinstate his January motion against Kizer, citing Kizer's "long history of impropriety" in the matter.
Following the meeting, Schopper had several comments regarding Watson.
"First and foremost, why is Dr. Watson involved in the matter in the first place?" Schopper asked. "He wasn't at the fight. He's not a toxicologist (Watson is an emergency room physician). He's not qualified to give an opinion on the matter. He wasn't asked by the commission to be in the matter. And his loathsome personal attack on Gilbert is beyond unprofessional. He is a discredit to the commission."
Neither Bailey, Newton nor Watson immediately returned phone calls to the Appeal.