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« | Home | »

Nevada amends complaint against Nick Diaz, shifts strategy

By Zach Arnold | March 29, 2012

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When we last talked about Nevada’s suspension of Nick Diaz for marijuana usage, we noted that Nick’s attorney (the uber-powerful Ross Goodman) used a variation of the now famous Jonathan Tweedale article at Bloody Elbow on how to argue against the complaint filed by the Nevada State Athletic Commission.

After Team Diaz filed their response to Nevada’s complaint, Keith Kizer telegraphed (in the media) what the response would be. Rather than confront what Goodman & Tweedale are arguing regarding WADA standards & Nevada law, Keith Kizer & company are now shifting to what I call “the Al Capone” strategy. Kizer’s side is now going after Team Diaz over the way the medical questionnaire was answered regarding Nick Diaz & his medical marijuana usage.

I guess it isn’t a total surprise to see Nevada shift their complaint strategy since they hinted this would be the direction they would be heading in, but to see it on paper and the complaint amended is rather interesting.

*********

CATHERINE CORTEZ MASTO
Attorney General of Nevada
CHRISTOPHER ECCLES
Deputy Attorney General
555 East Washington Avenue, Suite 3900
Las Vegas, Nevada 89101
Telephone: (702) 486-3105
Facsimile: (702) 486-3416
E-mail: ceccles@ag.nv.gov

BEFORE THE NEVADA STATE ATHLETIC COMMISSION

FIRST AMENDED COMPLAINT FOR DISCIPLINARY ACTION AND NOTICE OF HEARING

KEITH KIZER, Executive Director for the ATHLETIC COMMISSION of the DEPARTMENT OF BUSINESS AND INDUSTRY, STATE OF NEVADA, complains for disciplinary action against NICK DIAZ (DIAZ), as follows:

JURISDICTION

1. DIAZ is now, and was at all pertinent times alleged herein, licensed in Nevada as a professional mixed martial artist by the NEVADA STATE ATHLETIC COMMISSION (Commission).

2. As the holder of a Nevada professional mixed martial artist’s license, DIAZ is subject to the provisions of Chapter 467 of the Nevada Revised Statutes (NRS), and of Chapter 467 of the Nevada Administrative Code (NAC).

3. Pursuant to NRS Chapter 467, the Commission is vested with the sole discretion, management, control and jurisdiction over contests, exhibitions and licensees of unarmed combat, which includes mixed martial arts.

FACTUAL ALLEGATIONS

4. On April 18, 2007, the Commission, by unanimous decision, suspended DIAZ’s mixed martial artist’s license for a period of six months after the presence of Delta-9-THC Carboxylic Acid, the major metabolite of Delta-9-THC (the active ingredient in marijuana), was detected in DIAZ’s urine following his February 24, 2007 mixed martial arts contest in Las Vegas, Nevada.

5. After serving the suspension and paying a fine, DIAZ participated in a professional mixed martial arts contest in Las Vegas, Nevada on February 4, 2012, which he lost by unanimous decision (the “Contest”). The Contest was conducted under the direction of the Commission.

6. The day before the Contest, on February 3, 2012, DIAZ completed his Pre-Fight Questionnaire, attached hereto as Exhibit 1, wherein he answered “No” to each of the following questions:

DIAZ signed his Pre-Fight Questionnaire directly below the statement: “I hereby attest that the above information is true and accurate to the best of my knowledge.”

By answering “No” to one or more of the questions referenced in paragraph six, DIAZ provided false or misleading information to the Commission or a representative of the Commission.

On February 8, 2012, a Complaint for Disciplinary Action and Notice of Hearing was filed against DIAZ.

On March 7, 2012, the Commission received DIAZ’s Response to Complaint for Disciplinary Action. Attached to DIAZ’s Response as Exhibit “A” was his sworn and notarized affidavit, wherein DIAZ swears that he discontinued use of medical marijuana eight days before the fight.

DIAZ used marijuana within the two weeks prior to February 3, 2012.

In his affidavit, DIAZ swears that he is in full compliance with the registry laws for medical marijuana in California.

13. California’s Medical Marijuana Program is codified in California’s Health and Safety Code, Article 2.5, Sections 11362.7 — 11362.83 (“Medical Marijuana Program”).

14. Section 11362.7 (h) of the Medical Marijuana Program, attached hereto as Exhibit 2, defines the term “serious medical condition.”

15. Section 11362.715 (a) (2) of the Medical Marijuana Program, attached hereto as Exhibit 2, requires a person who seeks an identification card to provide to the county health department, written documentation by the attending physician in the person’s medical records stating that the person has been diagnosed with a serious medical condition.

16. Immediately after the Contest, on the same date, DIAZ voluntarily submitted to a urinalysis (the “Urinalysis”) and provided a urine sample for testing.

17. The Urinalysis reflects a positive result for the presence of Marijuana Metabolites, which are prohibited by the regulations of the Commission. The results of the Urinalysis are reflected in the Laboratory Report, attached hereto as Exhibit 3.

18. The administration of or use of any drug that has not been approved by the Commission by a Nevada licensed mixed martial artist is prohibited by the regulations of the Commission.

ALLEGED VIOLATIONS

19. Based upon and incorporating by reference the foregoing Factual Allegations, the Executive Director alleges that DIAZ violated Nevada Administrative Code (NAC) 467.850. NAC 467.850(1), (2), (5) and (6) provide as follows:

1. The administration of or use of any:
(a) Alcohol;
(b) Stimulant; or
(c) Drug or injection that has not been approved by the commission, including, but not limited to, the drugs or injections listed in subsection 2, in any part of the body, either before or during a contest or exhibition, to or by any unarmed combatant, is prohibited.

2. The following types of drugs, injections or stimulants are prohibited pursuant to subsection 1:

(f) Any drug identified on the most current edition of the Prohibited List published by the World Anti-Doping Agency, which is hereby adopted by reference. The most current edition of the Prohibited List may be obtained, free of charge, at the Internet address www.wada-ama.org.

5. A unarmed combatant shall submit to a urinalysis or chemical test before or after a contest if the commission or the commission’s representative directs him to do so.

6. A licensee who violates any provision of this section is subject to disciplinary action by the commission. In addition to any other disciplinary action by the Commission, if an unarmed combatant who won or drew a contest or exhibition is found to have violated the provisions of this section, the Commission may, in its sole discretion, change the result of that contest or exhibition to a no decision.

20. Marijuana Metabolites are not drugs approved by the Commission.

21. NAC 467.886 provides in pertinent part as follows:

1. A person licensed by the commission shall not engage in any activity that will bring disrepute to unarmed combat ….

22. By testing positive for Marijuana Metabolites, DIAZ has violated NAC 467.850 and 467.886.

23. By providing false or misleading information to one or more questions on his Pre-Fight { Questionnaire, DIAZ has violated NAC 467.885 (3).

DISCIPLINE AUTHORIZED

24. NRS 467.157 provides that, “Any license issued under this chapter may be revoked for cause deemed sufficient by the commission upon a hearing provided for in NRS 467.113.”

25. NRS 467.158(2)-(4) provide in full as follows:

2. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:

(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat, the commission may prescribe a penalty pursuant to subsection 3.

3. A penalty prescribed by the commission pursuant to subsection 2:

(a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the commission.

4. If disciplinary action is taken against a person pursuant to this chapter, the commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorney’s fees.

26. NAC 467.885(2), (3), and (5) provide in full as follows:

The commission may suspend or revoke the license of, or otherwise discipline or take any combination of such actions against a licensee who has, in the judgment of the commission:

2. Violated any provision of this chapter [467];

3. Provided false or misleading information to the Commission or a representative of the Commission;

5. Conducted himself at any time or place in a manner which is deemed by the commission to reflect discredit to unarmed combat ….

RELIEF SOUGHT

27. Based upon the allegations contained herein which constitute sufficient cause for disciplinary action against the licensee pursuant to the provisions of NRS Chapter 467 and NAC Chapter 467, the Executive Director prays for relief as follows:

A. That DIAZ be fined a monetary sum pursuant to the parameters defined at NRS 467.158;

B. That the Commission take action against DIAZ’s license pursuant to the parameters defined at NAC 467.885;

C. That DIAZ pay the costs of the proceeding, including investigative costs and attorney’s fees;

D. That DIAZ provide the Commission with a negative urine test for prohibited substances upon filing his next application for an unarmed combatant’s license; and

E. For such other and further relief as the Commission may deem just and proper.

NOTICE OF HEARING

THEREFORE, DIAZ is directed to answer in writing the First Amended Complaint for Disciplinary Action within 20 days from service. Thereafter a hearing into this matter will be scheduled at the offices of the Nevada Athletic Commission, 555 East Washington Avenue, Suite 3200, Las Vegas, Nevada 89101, or such other place as may be designated, in writing, by the Commission. The Commission will, at that time, take such action as may be just and proper pursuant to the proof and pertinent laws.

DIAZ is entitled to be represented by counsel of his choice at the hearing. Additionally, DIAZ is entitled to cross-examine witnesses, present evidence and argue on his behalf before a decision is made by the Commission. If DIAZ fails to appear at the hearing, a decision may be reached in his absence.

DATED this 28th day of March, 2012.

Topics: MMA, Media, UFC, Zach Arnold | 52 Comments » | Permalink | Trackback |

52 Responses to “Nevada amends complaint against Nick Diaz, shifts strategy”

  1. Jason Harris says:

    So you are zero tolerance on TRT (prescribed medical treatment), but are taking a neutral stance on Nick Diaz’s medical marijuana usage? What happens when a medical marijuana user finally kills someone in the ring?

    • Zach Arnold says:

      First off, wonderful sarcasm there.

      Second, I’m not supporting drug users in MMA. You can try to put words in my mouth, but it’s not working.

      Third, if you want to make the argument that marijuana is more dangerous than testosterone and that marijuana is on the same level or higher level (pardon the pun) than testosterone as a performance-enhancer, be my guest.

      • Jason Harris says:

        I don’t think marijuana is a performance enhancer, I was just pointing out how selective the outrage on the site is about one banned substance versus a legal one.

        • Norm says:

          Joe Rogan argued on one of his recent podcasts that marijuana is a performance enhancer. He’s had intimate experience with it, so while he has no medical proof, he does have anecdotal evidence.

        • 45 Huddle says:

          I got sh!t on big time on this very website by a few people who said I was basically fully of sh!t for calling weed performance enhancing.

          Looks like I wasn’t talking out of my #ss like some of the people here claimed.

          Joe Rogan should know. He smokes enough of it.

        • The Gaijin says:

          Ummmm…Joe Rogan – a noted wackjob and pot user is your source/backup for pot actually, maybe, sorta, once, kinda, being a performance enhancer and you not talking out your ass?

          You know you’re really reaching when…

        • edub says:

          Your I told you so is in the form of a thought from Joe Rogan because he is a regular Marijuana user.

          Let’s just let that one sink in….

          And Jason, one is testosterone, the other is marijuana. Not hard to see the difference.

        • The Gaijin says:

          “Your I told you so is in the form of a thought from Joe Rogan because he is a regular Marijuana user.”

          Well, let’s not forget he tried to pull an “I told you so” by providing a link to a couple of dunces on the Underground forums saying weed helped them “train” better.

      • Norm says:

        There is a very hypocrital tone with regard to TRT users vs. marijuana users. Generally speaking, most feel marijuana has mellow sedative qualities, while TRT invokes aggresive strength.

        So in that vain, I personally would be inclined to think a marijuana user would be more likely to die in the cage by being on the wrong side of a beating due to slowed reacation and pain numbing qualities of marijuana vs. a TRT user beating someone to death with raw super human strength.

        If there is going to be a crusade to save fighter’s lives lets just lump it all together. No weight cutting, no mary jane, no TRT, no whey protein, no multi vitamins, no bone shaving, no knee surgeries, no pre w/o supps, no lasik, etc.

        What we are seeing is better living through chemistry, similar to how we are all living better due to technology.

      • Norm says:

        I’d argue marijuana is more dangerous to the user that TRT, in so far as they have slow reaction and perhaps some pain numbing aspect, which could result in the user being on the wrong end of a serious beating.

        • Bob says:

          Then the only safe thing to do is to use both

        • The Gaijin says:

          “perhaps some pain numbing aspect”

          Not in any sense that would be helpful in an mma fight.

        • Norm says:

          The pain numbing aspect wouldn’t allow you to take more punches than you typically would?

        • The Gaijin says:

          Marijuana is used by and prescribed for those who are seeking relief from chronic/long-term pain – e.g. patients with cancer, AIDS, IBS, arthritis, burn victims, etc. These are not exactly the equivalent of acute pain suffered by taking blows to the skull and body in the middle of an athletic competition.

          And the idea that someone would toke up to get the advantage of numbing the pain from taking hits (something they’d have to do immediately before the fight and isn’t necessarily proven to be something it would have efficacy at enhancing) when they’ll suffer far more performance inhibiting side effects ignores a lot of logic and basic physiology.

        • edub says:

          Bob:

          (starts slow clap)

    • @MMAonthereg says:

      Jason,

      “What happens when a medical marijuana user finally kills someone in the ring?”

      That comment/question is so absurd that I don’t even know where to begin.

      Marijuana has NO legitimate performance enhancing benefits for a MMA fighter. Smoking marijuana hurts your dieting, motivation, memory and lung capacity to such a degree that it could easily be classified as a performance reducer.

      Let’s say Nick Diaz fought GSP and killed him during the match. The one thing that could be ruled out as a cause of death is Nick Diaz’s marijuana use advantage. In reality, authorities would check GSP for all types of drugs. If Marijuana was found during the autopsy, they would blame it for GSP’s lackluster performance and subsequent death.

      TRT does have legitimate performance enhancing benefits for a MMA fighter. TRT allows fighters to feel younger, train harder, heal faster, etc. This makes fighters stronger, faster and a lot more dangerous.

      Let’s say Dan Henderson fought Bisping for a second time and wound up killing him during the match. The one thing that would be investigated is Henderson’s TRT use and the role it had in Bisping’s death.

      In conclusion, Jason’s comment “What happens when a medical marijuana user finally kills someone in the ring?” is completely illogical.

      What rational people should be asking is “What happens when a TRT user finally kills someone in the ring?”

      • Jason Harris says:

        I’ve never understood the argument that medicinal marijuana is totally OK but doctor approved TRT is a crazy performance enhancer that is being abused by everyone in the UFC.

        Nick Diaz is a great counter example because while he doesn’t use TRT, he’s using marijuana, anti depressants, plastic surgery and cadaver skin in his face so he bleeds less…and he doesn’t raise the ire of the “if you can’t do it naturally, you shouldn’t fight” crowd.

        But if someone uses injections to raise their testosterone to normal levels, we hear “you shouldn’t be fighting” and “that guy is going to kill someone”. I just don’t get it.

        Obviously it’s not something that should be abused, and perhaps commissions like NV could do a better job of policing it, but creating a scarlet letter on TRT users as a whole (most of whom aren’t even doing well enough to be in the UFC) as these superhuman world beaters is ridiculous.

        I don’t think marijuana is a performance enhancer but Nick Diaz was an idiot for going into a fight with it in his system when he knew it was banned and deserves the punishment for deciding to break the rules and failing. If he had gotten an approval ahead of time for his medicinal use (which honestly doesn’t sound that unlikely) then this would be a non-issue, but Nick Diaz continues giving none of the fucks all the way to the drug test day.

        • Wonderjudas says:

          “I don’t think marijuana is a performance enhancer, I was just pointing out how selective the outrage on the site is about one banned substance versus a legal one.”

          The proof is in the pudding. TRT helps one fighter hurt the other. Marijuana helps a fighter hurt himself. Both should be avoided, but one is moraly worse than the other.

          “I’ve never understood the argument that medicinal marijuana is totally OK but doctor approved TRT is a crazy performance enhancer that is being abused by everyone in the UFC.”

          That argument has never been made. You’re the only one who has hinted at it. You’ve been asked on many occasions to cite your sources. You’ve yet to do it. Is it because you make it up in order to demonize Zach?

        • The Gaijin says:

          “but doctor approved TRT is a crazy performance enhancer that is being abused by everyone in the UFC.”

          Just take a look at some of the “doctors” that are approving TRT and try to tell any of us with a straight face that this is anything more than a rubber stamp to cheat and that is and will continue to (increasingly) be abused.

          1. Get rube/mark doctor to write you a TRT scrip. [either b/c you've messed up your body from past roid use or to just to get an exemption to use them]
          2. Cycle hard on your “TRT” of choice to blow your T:E levels sky high.
          3. Cycle off and get yourself back down to a very generous 6:1 ratio.
          4a. Have all the benefits of using what is an otherwise prohibited substance going into your fights.
          4b. If for any reason you eff up and don’t get back inside the normal range/ratio, you just take your little doctor’s note and complain that you got too many TRT shots and it’s totally not your fault, and you even got a doctor’s note to prove it! But you’re not cheating – you’re just an elite professional athlete who magically developed testosterone problems!
          5. Everyone else sees how easy it is – now everyone has a testosterone problem.

          See how that might create a problem in this sport? See how that’s not exactly an issue with medical weed?

        • Jason Harris says:

          @Wonderjudas: TRT helps one fighter hurt another? SOURCE??? Since every comment I make you ask me to “cite my sources” (even when directly replying to the article above) then let’s see your source. Back that up. Where is the evidence that people on TRT are more able to hurt their opponent than people who aren’t? Rampage sure didn’t look more able to hurt his opponent in his last fight, which was his first fight using.

          So how, exactly, does TRT enable one to hurt their opponent more? If used as intended, it is supposed to restore someone’s testosterone to normal levels. Not superhuman levels. So, how exactly does this enable the fighters to hurt people more than another person with normal testosterone levels? And where is the evidence that this is happening?

        • RST says:

          What makes me suspect that you use steroids?

          ;)

        • edub says:

          Not exactly proof, but Dan Henderson reportedly started using TRT right before the Wanderlei Silva rematch. Since then his KO % in fights is at least 10 points higher than what it was before then. Now his technique improvement could have very well helped this, however it’s also worth noting that the majority of his KO’s before that fight were at 185 lbs, and only one has come there after.

  2. Megatherium says:

    Guys, I think Jason Harris is, you know, joking.

  3. [...] – Nevada amends complaint against Nick Diaz, shifts strategy (Fight Opinion) [...]

  4. 45 Huddle says:

    Two time offender for the same banned substance. It’s extremely hard to feel bad for Nick Diaz in this situation. In fact, I don’t feel bad for him at all. He spit in the face of authority and bragged about how quickly he could get the weed out of his system. Now it has bit him in the behind.

    Throw the book at him. Anything less then a year would be a travisty.

  5. 45 Huddle says:

    And more along the lines of State Athletic Commission issues…

    http://sports.yahoo.com/blogs/mma-cagewriter/media-had-wrong-commissioner-wasn-t-racist-lawal-223324740.html

    Looks like Lawal is out of luck on this one. The NSAC member has used this line of questioning before. She isn’t a “racist”…. She is just a good lawyer who is covering the basics.

    There is no sympathy for a black guy playing the race card when life doesn’t go his way. It’s even worse when he plays the race card after being a blatant cheater and is unable to stand up to basic questions by the AC’s.

    • The Gaijin says:

      He was totally off base with his accusations against her. She was doing what a good lawyer/admin tribunal participant does. Closing off all exits and loops – this was purely to ensure he couldn’t say he didn’t understand the form or what he was filling out.

      Mo is an idiot and an a-hole for trying to turn this into a “race” issue rather than face the real issues. Pure attempt to deflect.

  6. Phil says:

    If there was any wiggle room with the argument that weed was neither an over the counter or a prescription drug, it goes out the window with Nick saying he doesn’t have a serious medical condition even though that is a requirement for his card for marijuana.

    The whole thing seems silly, but this is the road Nick started heading down when he decided that the best way to be able to fight was to try to beat the test instead of trying to gain approval for his marijuana use.

  7. 45 Huddle says:

    I’m going to go on a little swear filled rant here. I am going to release my inner Dana White….

    F#ck Nick Diaz & King Mo… And all the rest of these cheating #ssholes….

    You got caught. Stop hiding behind a lawyer…. Man up, and take the penality like a man.

    I’m sick of these fighters… Who act all tough…. Do the crime… But then cry like little b#tches when it is time to do the time….

    First with King Mo…. Stop throwing around the f#cking race card. No, the lawyer wasn’t racist. She is just educated and much smarter then you. And with this education, she has figured out how to ask questions to make sure you don’t wiggle your way out of the sh!t you did. That’s all she is. Is a lawyer who is not letting you get away scott free after you injected steroids into your body and then KO’d a fighter with those steroided muscles…. F#ck you. Be a man, take your 9 months and stop acting like the rest of the world is against you.

    King Mo f#cked King Mo…

    And now for Nick Diaz…. Dude, you smoke weed all of the time. You smoke so much weed that you have already been suspended once for having it in your system during a fight. YOU EVEN BRAG ABOUT HOW YOU SMOKE AND AVOID GETTING CAUGHT!!

    Instead of realizing your mistake and fixing your problem, you hire an expensive lawyer to find any loop hole to get yourself out of this. F#ck that.

    Don’t Be Scared Homie!! You smoked weed as an adult. Now be that adult and take what the NSAC tolls back at to you like a man.

    For a fighter who always whines and b#tches about other fighters being scared to fight you the way you want…. You sure are acting scared with your b#alls tucked between your legs and your lawyer by your side.

    When did the 209 start hiding behind lawyers? F#ck that!! You smoked weed. You got busted. Go do your time and stop making a spectacle of all of this.

    I love MMA fighting. These fighters being b#tches once they get caught doing something wrong is getting pathetic….

    • 45 Huddle says:

      And let me add a point here.

      If a fighter is innocent… Then by all means hire the best lawyer money can afford you and fight to clear your good name as much as possible.

      But that’s not what we are dealing with here.

      Nick Diaz cheated. He admits he cheated. And he can’t just sit back to say “I f#cked up” and be done with it.

      And for King Mo…. He brutally KO’d a fighter while on steroids. That is seriously f#cked up and completely lost in this conversation. And instead of feeling remorseful for using a banned substance to aid him in KO’ing another fighter…. It’s the rest of the worlds fault including bogus “racist” accusations.

      These fighters are making me sick with their b#llshit antics….

      • Justin Crossno says:

        3 word my dude…..AMEN TO THAT!

      • RST says:

        Well, as far as Mo, he identified the supplement that he took that introduced the agents into his body.

        A supplement that was either shortly afterwards or after he purchased it at least, discontinued.

        The last I heard, he did buy it off the shelf.

        He never denied taking said supplement, he didn’t sit there and bald face lie about it like some others have.

        And its not as if its the first time he KO’d someone, and it was suddenly due to steroid rage.

        As far as the racist thing, he wasn’t directing that as a comment on his guilt or not, that was directed at how he felt he was being spoken to by that b1tch.

        Yes she seems to be a b1tch to everybody of every race, but Mo has not studied this persons history of b1tchiness.

        All he see’s is someone with a smart alleky attitude asking him if he can speak english.

        After speaking it.

        Here’s a hint from growing up around black people, they get hyper sensitive about stuff like that.

        Not just Mo, most black people.

        Walk up to a black person and ask them if they know how to speak english, and then tell us what happens.

        And with all the black athletes in sports, that b1tch should know that.

        Lastly, that putz dana is always trying to get the fighters to ramble on that stupid twitter thing like he does, and then when they get on there and speak their own mind, he fires them.

        Hire some script writers then dana, and pass out approved scripts.

        Or even better, hire a programmer to write a program that rambles inanely and inserts f bombs every three words.

        (Then we can fire dana.)

        dana has been picking on Mo for at least the last 6 months, looking for an excuse.

        dana and joel have been making UFC into their personal playground to take vengeance and manipulate peoples lives for the last year or two.

        They’re getting bad.

        • The Gaijin says:

          @RST do you know how a courtroom/administrative body/deposition/quasi-legal proceeding works?

          B/c this wasn’t a person being condescending or b1thcy. It was someone who is actually competent at their job crossing their “T”s and dotting their “I”’s to make sure that the person that was subject to the proceeding didn’t have any outs or loopholes.

          By asking if he or she can speak, read and understanding English – there is no way for him or her to wriggle out by saying they were confused by the requirement, the question asked in the proceeding or the requirements/questions in the form. All doors are closed and the room is sealed – it was simply good work (and she asks this of everyone, apparently).

        • nottheface says:

          Should Mo have been that familiar with how courtroom/administrative body/deposition/quasi-legal proceeding works ahead of time? if you say yes that we could also to Lundvall that she should have been aware how offensive asking a black man if he can read or write English could be.

          I have no problem with Pat Lundvall’s line of questioning nor do I think she was being racist. but I laugh at white men claiming that Mo shouldn’t have been offended by the statement, that he is somehow playing the race card. He said he thought it was racist when he heard it and based on his life experience and the likelihood that whenever he heard such sentiments expressed before they were done so by racists I have no reason to doubt his reaction was genuine. He retracted and apologized for afterwards as he should have but his originally reaction was an understandable one considering the historical precedents (plus lets not forget he just survived an expensive health scare, was fined $39,000, and suspended 9 months. I’ll cut his state of mind a little slack with those problems)

        • edub says:

          IMO it doesn’t have to be one way or the other.

          Should Mo hold the right to call out call out racism whenever he encounters it? Yes.

          Should he also understand that despite his background not all insulting remarks lobbed his way have racist intentions? Of course.

          Our society contains racism. There’s no disputing it. It needs to be corrected whenever encountered (in the legal system or otherwise. However, we must also understand that the accusation of racism carries a lot of weight behind it for public officials. It should have a fair bit of evidence behind it, when it is claimed.

          Ones background, does not give him free reign to make whatever accusations he pleases against Public Officials (when that person is subject to punishment; free speech of course is a different situation). When the only evidence on the subject is the insulting remark “Do you speak english?” (or whatever) and a white woman says it to a black man; there is a lack there of.

  8. Justin Crossno says:

    First of all, as good of an athlete as Diaz is, he has a real problem with listening to authority figure and I dont agree that weed is a performance enhancing drug, however, Diaz knew that he should not have smoked/taken it before the fight or during his training. So are they suppose to not punish him because everyone jumped on the bandwagon? If your told not to smoke, drink, or inject something before your fight comes up and you do it anyway then you obviously don’t pay attention to the rules that well. It’s simple no ones being racist “Nicky boy”, you’re mad you got caught and you knew you shouldn’t have done it while getting ready for Condit to put a hurting on you. Case in point, If you wanted a hit that badly, why not wait till AFTER the fight???????????

  9. ergface says:

    Having a problem with Diaz’s drug use or rule breaking that’s one thing but asking that he ‘man up instead of hiding behind lawyers’ is funny. This is America and this sport is big business. Diaz is handling his business the American way.

  10. RST says:

    I certainly hope that the hearing soebody asks Diaz if he can speak or read english?

    “Tu comprende senor?”

    Shame Mo apologized for that.
    I would have gone to WWE before apologizing for speaking my own mind.

    So now only Dana gets to say wild BS, and never shuts up about it.

  11. klown says:

    There is no comparison between marijuana and T.

    Marijuana is a harmless recreational drug with no bearing on performance. Its illegal status is a travesty.

    Testosterone is a dangerous, performance-enhancing drug whose use ought to be entirely barred from competition.

    That’s the only principled position possible on this matter.

    • The Gaijin says:

      But at this point in time marijuana is still on the list of banned substances, so I don’t feel bad for anyone that gets busted for being dumb enough to get caught with it in their system.

      I could argue at length as to why I think the people trying to dumb down the whole TRT thing are total idiots by saying “Well, you’re ok with marijuana if it’s medically prescribed!” or even comparing the two in any way – but that’s a whole other story.

    • 45 Huddle says:

      Weed should be 100% legal in America. And not just for medical reasons. I am saying legal across the board.

      But it still shouldn’t be allowed to be in your system during a fight. Just like alcohol is legal but you can’t fight drunk.

      Certain substances need limitations on when you can use them. For example, you are not allowed to drink and drive.

      And you shouldn’t be able to fight high as a kite.

      As for Testosterone…. Yes, it can be used to create a very dangerous fighter.

      But with TRT, if done right, it will not give the fighter any sort of competitive advantage…

      • The Gaijin says:

        “But with TRT, if done right, it will not give the fighter any sort of competitive advantage…”

        I agree. But we all need to be honest – the current state of TRT/TUE is a total blackhole and needs to be entirely revamped before we can rightly say that it’s being done right. Right now it’s an absolute joke and is being abused…and frankly it only makes sense, b/c the TUE (in its current state) is giving the people who are inclined to abuse it a huge advantage – so obviously it’s moving the line towards the point that if you’re not finding a way to get one, you’re at a big disadvantage.

        • edub says:

          “But it still shouldn’t be allowed to be in your system during a fight. Just like alcohol is legal but you can’t fight drunk.”

          We disagree on a lot, but this I wholeheartedly agree with (and I really think that’s the only valid opinion).

          Did a little research on the mouth swab method of detecting the drug, and supposedly it is very good. Put a little more research behind that and I think we have a valid test for marijuana use in sports.

  12. [...] NSAC Changes Complaint Against Diaz (FightOpinion.com) [...]

  13. AfroSamurai says:

    Zach i seriously cannot believe how many people argue for TRT and act as if your 0 tolerance policy is so ridiculous.

    Sometimes i think people are such big fans of their favorite fighter that they would just hate to see him retire because his natural body won’t allow him to compete without it.

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