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Donald Sterling’s attorney: Mental health exam compromised when doctor went to drinks with Sterling after

Jul 1, 2014, 1:51 PM EDT

Donald Sterling Donald Sterling

The fight for the Clippers gets real next Monday — attorneys for Donald T. Sterling and his wife Shelly will face off in California probate court in a multi-day hearing.

At stake is whether the Clippers can be sold to former Microsoft CEO Steve Ballmer for $2 billion in a deal set up by Shelly Sterling. The Clippers are owned by the Sterling Family Trust of which Donald and Shelly each own half, but she had him declared “mentally incapacitated” by the terms of the trust, leaving her as the sole trustee, so she set up the sale.

Donald goes to court next week arguing Shelly did not follow the proper procedure in the trust and that the test was flawed, therefore he should be re-instated as a trustee. Then he can block the sale.

Donald’s attorney Bobby Samini says the test is compromised because the doctor, Donald and others went out to drinks right after it together, reports Ramona Shelburne of ESPN.com.

Donald Sterling will argue that the findings of one of the doctors who examined him to determine his mental capacity was compromised because the doctor went out for dinner and drinks with him, his estranged wife Shelly Sterling and a family friend after his examination, his attorney Bobby Samini told ESPN.com on Monday night….

Samini said Monday night that when the doctor in question is cross-examined during the four-day trial that is set to begin July 7, he would ask whether “any part of your professional evaluation would take into consideration the conversation you had with him at the Polo Lounge.”

The focus of the trial is not going to be whether Donald is mentally competent or not, the judge didn’t want to go down that road, Shelburne reports. Rather both attorneys agreed to focus the case on whether Shelly followed the proper legal steps in having Donald declared incapacitated, and with that whether the exam is valid.

None of this saves Donald Sterling from the wrath of the NBA. In the wake of the huge backlash racist comments he made on a leaked tape, Donald is toxic to the NBA’s business and the other owners — led by commissioner Adam Silver — want him gone.

If Sterling wins in California probate court, the NBA will return to its Plan A and just have the other owners vote him out and have the league sell his team (he would still get the profits). Remember that these are NBA franchises and people who damage the brand can be kicked out in much the same way other members could vote out someone of a country club or a fraternity. Sterling joined the private club, he has to play by its rules.

That is a messier process for the NBA, and the league likes Ballmer and wants him in the club. A sale is a much easier process as far as the league is concerned.

It all falls to the probate court now. And if you can have drinks with a guy you just gave a mental exam to.

  1. mvp43 - Jul 1, 2014 at 2:02 PM

    I wish this clown would just let it be. Let your “wife” sell the team and collect the riches. You can always fall back on your racist slumlord gig if you run into money problems.

  2. opinevain - Jul 1, 2014 at 2:02 PM

    This is still a story?

  3. bougin89 - Jul 1, 2014 at 2:02 PM

    “After 4 beers, 9 whiskey sours, and 4 lines of blow Donald Sterling has been declared completely non-functional brain wise and therefore unable to be a managing partner in his trust.”

    Where do we send the bill to Mrs. Sterling?

  4. nfl4days - Jul 1, 2014 at 2:46 PM

    Go away damn you!

  5. jerdogthompson - Jul 1, 2014 at 2:55 PM

    All this says is the lawyers for DTS have become sooooooo desperate that this has to be brought up. Last I read the medical evaluation occurred at the house and how you draw a line to dinner and drinks afterwards somehow affecting the outcome of the professional diagnosis is absurd, strike that, preposterous. But like the writer states, the end result will be the end result just having DTS removed as a trustee is “cleaner”. Like I’ve said since April, by the end of August a new owner will be in place. The ruling in probate court does not affect this regardless.

    #InDocwetrust

    • Hard On For Harden - Jul 1, 2014 at 3:25 PM

      Except for that little part where you have updated your timeline to August now in a pathetic display of hubris. Nice revisionist history, just admit you do not fully comprehend how all of the moving parts play out in this scenario and be done with it.

    • asimonetti88 - Jul 1, 2014 at 3:25 PM

      “how you draw a line to dinner and drinks afterwards somehow affecting the outcome of the professional diagnosis is absurd, strike that, preposterous”
      —————————————————————————————————————————
      You must not understand professionalism and objectivity very well.

    • mogogo1 - Jul 1, 2014 at 4:55 PM

      Your “desperate” is most people’s legal home run. It’s impossible to come up with a scenario where having drinks with someone directly following a mental competency exam would be appropriate.

  6. upperdecker19 - Jul 1, 2014 at 2:57 PM

    At what point does Balmer reduce and/or pull his offer altogether? Gift wrap double the franchises worth to the guy and he still won’t go away….jeez.

    • jollyjoker2 - Jul 1, 2014 at 11:47 PM

      The guy doesn’t get the cash – the x wife does. I would sue her too…but on the other hand, I wouldn’t have an x wife within a 1000 miles of me if I had my way. chances are, she would rip anything she could.

  7. djstickypants - Jul 1, 2014 at 3:26 PM

    Why kind of headline is this? It reads like a fcking telegram.

    Donald Sterling’s attorney: Mental health exam compromised when doctor went to drinks with Sterling after

    • jollyjoker2 - Jul 1, 2014 at 11:45 PM

      Something is fishy with this exam….how many people go with their Doctor after a mental health exam? Seriously. Lets go get bombed, I just sent a guy to the insane asylum.

  8. djshnooks - Jul 1, 2014 at 3:47 PM

    I went to school to be a drug and alcohol counselor…I’m certified in NYS to be one.

    But this is why I don’t wanna do anything with it. Now I know it’s absurd to go out with a patient…but they say I can’t go out for drinks AT ALL?!? That’s ridiculous.

    Am I wrong to think that when I don’t have a drinking problem and drink maybe once a month, and usually only on holidays? (And I’m serious, I don’t like drinking booze.)

    • sportsfan18 - Jul 1, 2014 at 7:09 PM

      Uh, what is this?

      “Am I wrong to think that when I don’t have a drinking problem and drink maybe once a month, and usually only on holidays?”

      Read that carefully, slowly and then ask yourself what does it mean?

  9. jerdogthompson - Jul 1, 2014 at 4:55 PM

    Nice screen name there hard for harden or should I say duhwhight or whatever new screen name you have to hide your shame behind. I had a minute, the thing you have to remember is you cant challenge people on previous posts as they are archived. Do you know what that means? It means they are kept around, anyways, enjoy the one from back in the beginning of June (feel free to verify on your own, wedge, mans simplest tool);

    jerdogthompson – Jun 10, 2014 at 2:28 PM
    Hay the duh,

    Your sadly mistaken to say anything other than I’ve been 100% correct all along. The ramblings of a mentally incompetent fool do not change a single thing (or did you not read the article). Look I’ve maintained all along that by the end of August a new buyer would be in place. That in fact is the case today, this is merely media fodder that changes nothing.

    Secondly, my source is not my ticket guy. Although that source is far superior to what you have. Like I’ve said since day one, my predictions were based upon the renderings of legal experts, of which none of the knuckleheads here are. So if I have a source, that would be it. You need to go back through my posts since April and realize that 100% of what I said in April holds true today. To come out and say otherwise only furthers proves your ignorance.

    #InDocwetrust

  10. jerdogthompson - Jul 1, 2014 at 4:57 PM

    Oh yeah, the name of that article from June 10th was;

    How Shelly Sterling took control of the Clippers from Donald Sterling

    Now what? I’ve maintained the same thing since April, I bet you feel pretty small about now.

    #InDocwetrust

  11. mogogo1 - Jul 1, 2014 at 4:58 PM

    Bizarre story. I can’t imagine any doctor going out for drinks with somebody directly after a mental competency exam. But, on the other hand, I also can’t imagine anyone going in for such an exam and then proceeding to invite the doctor out for drinks, either.

    • sportsfan18 - Jul 1, 2014 at 7:11 PM

      Billionaires… with a “B” are rare compared to the rest of us and they do many things that we don’t think or imagine folks doing…

      tis a different world for them…

      • mogogo1 - Jul 1, 2014 at 8:10 PM

        Honestly, if Sterling did invite the doctor along it was a genius move. Takes away all his credibility and calls all his judgments into question. But why would the doc agree to come along? Unbelievably dumb decision.

  12. jerdogthompson - Jul 1, 2014 at 5:01 PM

    Oh hardforharden, to think there are six people in the world as stupid as you, enough so to give you a thumbs up on what has now been PROVEN to be a patently false accusation. Hubris, that’s a mighty big word for a 12 year old. Run along adults are speaking.

    #InDocwetrust

  13. jerdogthompson - Jul 1, 2014 at 5:56 PM

    asimonetti and mogogo, you two easy chair legal experts should check out this quick video from an “actual” legal expert Lester Munson;

    http://hoopshype.com/rumors/tag/los_angeles_clippers

    Professionalism & objectivity, hardy har, har, har

    A legal home run? Surely you jest

    I gotta hand it to you both, those below double digit IQ comments keeps the comedy alive and well. For that I must thank you both, don’t forgot now, no playing in the streets.

    #InDocwetrust

    • mogogo1 - Jul 1, 2014 at 8:20 PM

      You might want to do a little background check on Lester Munson before you brag about his abilities as a legal expert. He consistently held that prosecutors were dominating Barry Bonds in court and even after they failed to get a single conviction on any of the charges claimed that it was still somehow a victory for them. But shouldn’t all your legal expert friends you’ve been consulting have told you all that already? Why not ask all them instead of hanging around this message board?

  14. jerdogthompson - Jul 1, 2014 at 9:54 PM

    Rather than further challenging me on my citing of a legal expert, how bout you go ahead and defend your stupid statement about a “legal home run” meatball.

    #InDocwetrust

  15. jollyjoker2 - Jul 1, 2014 at 11:43 PM

    2 billion because the ex tricked you with her Dr. Friends…wink wink..here is a wad of cash to make sure that happens. Lets celebrate. I can see it. I can’ tell ya, my x won’t get within 100 miles of me or the cops are going to be called.

  16. sixerstrong - Jul 2, 2014 at 10:48 AM

    The headline should have been:

    “Doctor rules Donald Sterling mentally incompetent after having honest conversation with him.”

  17. imakcds - Jul 2, 2014 at 7:17 PM

    You guys didn’t think Sterling would just go away, did you?
    He’s a LAWYER, I totally expected litigation, (multiple litigations) and figure this is going to take a lot of time for any kind of resolution.

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