Zeke's Got Next

(If you need to get caught up here are links to my coverage of Day 1, Day 2, and Day 3)

So I missed Day 4 in the Zeke Trial, but from all indications, the parties did not heed the judge's warning to pick up the pace because nothing too exciting happened. The videotaped testimony of James Dolan, chairman of the board of Madison Square Garden, was played for the court, in which he says he alone made the decision to fire Browne Sanders for what he said was a "failure to fulfill her professional responsibilities." I wonder what that means.

Anucha Browne Sanders did wrap up her case, so now it's Zeke's turn to present his cavalcade of character witnesses for at least a week. What, you mean the Knicks don't mind wasting money in court and on it? But that's not why I didn't post. Work called. I tried to hit ignore, but then it bust through my door and slapped me in the face, so I had to give it some attention. I digress.

News about the trial is becoming increasingly hard to find. If you click on the links you'll note that coverage of Day 5 actually comes from a Canadian website. It seems that once the salacious details were revealed, nobody really cares about the rest of the procedure other than who agrees with the plaintiff and who doesn't. Yes folks, I hate to break it to you but real trials are not like Law & Order. Especially if they aren't televised. I did find this article on SI.com discussing 5 things we've learned from this trial. I don't have time to discuss it here, but do check it out if you're interested.

In Day 5 of the trial, MSG Sports president and CEO Steve Mills took the stand. (Check that link for Zeke's complete, unedited deposition testimony). He says that in 2005 (the one year there is no documentation about Browne Sanders' job performance, and the one year she did not get glowing reviews), Browne Sanders was almost fired for her poor job performance. Here are some excerpts from his testimony:

• Mills says he never heard a single complaint from Browne Sanders about Zeke using profanity or making inappropriate sexual contact until a Dec. 15, 2005, e-mail. By that time, according to Mills, "Browne Sanders had already approached him in tears to say she was overwhelmed by work" and wanted to quit her job. Mills testified to earlier meetings with Browne Sanders in which she came to him in tears about her unwillingness to continue working in her position. He says that he agreed to let her keep her job while she looked for employment elsewhere.

• Mills noted that their conversation followed a "disastrous financial forecast meeting" in which Browne Sanders was unable to answer questions posed by Dolan, which was followed by statements from MSG vice-chairman Hank Ratner that MSG "should fire her right now." Mills testified that Dolan was the one who stepped in to save her job. He also testified to a number of other problems that occurred while she was in her position.

• Mills denied that the emotional meeting with Browne Sanders was sparked by allegations that Stephon Marbury had referred to her as a "black b*tch," although he did acknowledge that some possibly "explosive" event had prompted the meeting.

• Responding to Browne Sanders allegations that Zeke asked her to go off site, Mills stated that the only mention he had heard of going off site was from her, when she mentioned going on an overnight trip to Connecticut during the off-season. He acknowledged that Zeke was told not to hug Browne Sanders, to which he says Zeke replied, "Ok, cool."
  

Ok, all of this is sort of interesting because it refutes her testimony that she was doing a great job until she started complaining about sexual harassment by Zeke. But here is where it gets even more interesting:

Prior to Mills' appearance, presiding U.S. District Court Judge Gerard Lynch said Browne Sanders' lawyers had presented a "weak case" that the Knicks coach was involved in the woman's firing - one of the allegations made in her suit.

"Of all the claims in this case, this is the one that looks to be a stretch," Lynch said before he nonetheless denied a defence motion to dismiss that claim. He said it was an issue better left to the jury at this point.

First, let me point out that this had to be said outside of the presence of the jury. There is no way that the judge is going to comment on the facts in front of the fact finders. Although this is just the judge's opinion, which is no indicator of what the jury may think (and they have been known to surprise a judge or ten), this can't be a good sign for Browne Sanders' case.

I can't speak for Madison Square Garden, but I think Zeke is gonna skate on this one.