It was a three-way overseas conference call. Davidson was in Los Angeles. I was in Manila. And the third party was Judd Burstein, another lawyer, speaking from New York.
Davidson and Burstein were in Manila for an overnight visit to confer with Pacquiao and interview possible witnesses a few weeks ago. Among those they met were Pacquiao’s former manager Marty Elorde and San Francisco lawyer Sydney Hall who was instrumental in introducing New Jersey promoter Murad Muhammad to the fighter through business manager Rod Nazario in 2001.
Davidson and Burstein said they had spoken to Pacquiao about inviting me to attend the first day of his trial as an expert witness. They said Pacquiao would send me a personal letter confirming the invitation.
What would I say, I asked. Davidson said because of my experience of having covered Pacquiao as a pro since he was a preliminary fighter, I could express my views of his star potential even before Muhammad came into the picture.
"We only want you to tell the truth, nothing else," said Davidson.
I said I was at ringside, announcing for TV, when Pacquiao won the Oriental flyweight title over Chokchai Chokvivat in 1997, when he knocked out Chatchai Sasakul for the World Boxing Council flyweight crown in 1998, when he stopped Gabriel Mira in his first WBC title defense in 1999 and when he lost the championship to Medgeon 3-K Battery in Bangkok in 1999. I was in Las Vegas when Pacquiao wrested the International Boxing Federation superbantamweight diadem from Lehlo Ledwaba in 2001 and I covered as an TV commentator his last three fights in the Philippines against Fahprakorb Rakkiat-Gym in 2002, Serikzhan Yeshmangbetov in 2003 and Fahsan 3-K Battery in 2004.
Through his friend Joe Ramos, Pacquiao sent me his letter the next day. This was the full text of his letter:
"As you are very much aware, I am currently involved in major litigation with M&M Sports and Murad Muhammad. A jury of the people is set to hear my case on June 20, 2005, in the United States District Court for the Southern District of New York. I am looking forward to my day in court and my future professional prospects.
"I have enjoyed your coverage of my career. I respect your role in our great country as an unbiased journalist. Mr. Henson, I am in need of an unbiased and truthful witness that would be able and willing to testify to the progression of my career as a boxer, especially the time period between when I turned pro and 2001, the time that I met Murad Muhammad.
"Could you please come to New York and testify as to my qualities and career progression" At issue in the case is my ability in the ring and my marketability in general. Your testimony is very much needed and would be very helpful to me in establishing necessary facts surrounding my early career.
"Please contact my attorneys at your earliest convenience regarding your availability to testify. I am most hopeful of your positive response.’"
After receiving the letter, I e-mailed Davidson accepting the invitation. Within a few days, my plane ticket arrived from a travel agency in Phoenix.
I asked to leave on Friday morning, June 17, to arrive in Newark that same day in the afternoon but there was no space on the Northwest flight. So my booking was advanced to the day before. I arrived in Newark on Thursday afternoon and stayed in my sister’s home in New Jersey until the weekend.
I went to Burstein’s office on Broadway in Manhattan last Saturday morning for a meeting with his associate Mike Quinn. He briefed me on the facts of Pacquiao’s case then we left for lawyer Julian Friedman’s office on Park Avenue. Friedman is Muhammad’s lawyer. I was to be grilled for a deposition.
My deposition came after Freddie Roach’s. I was told depositions were started a week ago.
I’ve never been involved in a trial before so this was all new to me. I took an oath to tell the truth, so help me God, and Friedman began to ask me all sorts of questions. I sat on a steel folding chair beside a stenographer surrounded by at least six lawyers and Muhammad in a long table.
Friedman asked how much I thought Pacquiao had earned in his Philippine fights. I told him I couldn’t be sure but I guessed that when he was a challenger in 1998, perhaps his purse was about $10,000. I added that in his next two defenses, his purses had to have been much bigger.
Friedman asked me about former Philippine Basketball Association commissioner Rudy Salud’s reputation. I said he is a prominent lawyer and sportsman and well-respected.
I knew what Friedman was leading to. He asked me about the US market being the gold mine for an aspiring fighter and I said there was no doubt about it.
He asked me if I only wrote favorably about Pacquiao, obviously trying to blunt my credibility. I said I wrote objectively.
Friedman asked me about my journalistic career and my employment. He also asked who paid for my trip. I said Pacquiao invited me to attend the trial and his lawyers arranged the trip.
The deposition was over in about 20 minutes.
The next day was Father’s Day, a Sunday, and I was back at the Burstein office for a meeting with Quinn. Pacquiao, interpreter Joe Ramos, Davidson and Roach were also there. We stayed at the office until we broke up for a late dinner.
Monday was the big day, the first day of the trial.
I was asked to report at 10 a.m. in Suite 12-A of the Daniel Moynihan Federal Courthouse on Pearl Street near Foley Square in downtown Manhattan.
The atmosphere in the courtroom was tense. The opposing lawyers are both brilliant. So is judge Loretta Preska. I saw for the first time the process of jury selection.
Before the jury was chosen, Preska conferred with Burstein and Friedman on their list of witnesses. It was agreed to speed up the proceedings, which they all wanted to end before July 4.
Former world heavyweight champion Lennox Lewis was supposed to testify on how the mental focus of a fighter can be affected by a manager or promoter who is remiss in his obligations. Lewis arrived in the courtroom at about 11:30 a.m. but was later told he would no longer be called to testify.
During the lunch break, Burstein spoke with me and said I would also probably not be called any longer. I understood that factual, not expert, witnesses would be given priority.
I listened to the opening statements of the lawyers after lunch and HBO senior vice president Kery Davis’ testimony as the first witness on the stand. Preska adjourned the session at about 5:30 p.m.
Then, I joined Pacquiao and the others at Burstein’s office until late that night.
I missed the chance to be a witness like Lewis but I will never forget the experience of seeing with my own eyes and hearing the proceedings of the first day of the landmark trial.