Court Junks Mayweather’s Motion For House Arrest

by Joseph G. Lariosa

CHICAGO (jGLi) – Unbeaten American boxing great Floyd Mayweather, Jr. cannot invoke the arguments that his dehydration and his physical training areas “may not be consistent with his prior regiment” that he be moved into the general population or be put under house arrest for the balance of his three-month sentence.

Justice of the Peace Melissa A. Saragosa of the Clark County Court in Las Vegas, Nevada found Wednesday (June 13) in a Decision and Order “the alleged dehydration of the Defendant (Mayweather) to be self-induced as water is made available to him 24 hours a day. The Court finds the estimated intake of only 800 calories per day is also self-induced as Defendant chooses not to eat the food provided.

“Finally, the Court finds that while the physical training areas and times provided to Defendant may not be consistent with his prior regimen, he is indeed provided sufficient space and time for physical activity if he chooses.”

In denying the oral emergency motion for modification of sentence filed by Mayweather’s lawyers Karen C. Winckler and Richard A. Wright last Tuesday, Judge Saragosa also found Mayweather’s motion, suggesting a civil rights violation or potential challenge to conditions of his confinement as “outside of the jurisdiction of Justice Court.”

In her ruling, Judge Saragosa cited the argument raised by Nevada state prosecutor Lisa Luzaich that the Nevada Supreme Court considers only “two types of post-conviction challenges to judgments of conviction” that can be availed of to modify a sentence.
First, if there a need to “correct an illegal sentence,” which the Defendant admits, “there is nothing illegal.” And

Second, if there is “a materially untrue assumption or mistake of the fact by the judge as to the Defendant’s criminal record.”

NEITHER OF TWO FACTORS PRESENT

When Saragosa found neither of the two factors was present, Mayweather went back to his earlier argument that “his original understanding as to the conditions of his confinement as imposed by the Clark County Detention Center arose after he was sentenced and advised by his counsel.” Saragosa said Mayweather’s inaccurate “subjective understanding” does “not give rise to jurisdiction of this Court to modify” his sentence.

The Decision and Order of Saragosa came as a surprise as she told parties Tuesday that she was going to hand down such decision on Thursday. A copy of the Decision and Order was emailed Wednesday to this reporter by Mary Ann Price, Clark County Information Officer.

In their oral emergency motion, Mayweather’s lawyers argued that if Mayweather’s jail conditions were not eased, the undefeated champion might get out of shape and may never fight again.

If Mayweather is mixed with the general jail population, jail officials fear that they cannot assure his safety.

Mayweather’s lawyers suggested that the boxer may be confined in an apartment or somewhere less luxurious than Mayweather’s posh Las Vegas-area home.

“I’m not looking for special treatment for Floyd Mayweather,” Wright said. “I’m looking for fair treatment.”

But prosecutor Luzaich said easing the sentence would be just another accommodation, similar to when Mayweather’s jail surrender date was postponed for months after sentencing so he could fight Miguel Cotto in May.

THEY KEEP CHIPPING AWAY

“They keep chipping away, chipping away, chipping away,” Luzaich said.

Mayweather pleaded guilty in December to misdemeanor domestic battery and no contest to two harassment charges that stemmed from an attack on his ex-girlfriend while two of their children watched. He was sentenced to three months and entered the jail June 1.

Mayweather’s jail stay will be set at 87 days because the judge gave him credit for three days previously served. It could be reduced by several weeks for good behavior.

In the motion, Mayweather’s lawyers quoted his personal physician, Dr. Robert Voy, who visited Mayweather Friday, his seventh day in jail. Voy was concerned the 35-year-old fighter appeared to have lost muscle tone.

Voy estimated the boxer was consuming fewer than 800 calories a day – a drop from his usual 3,000 or 4,000 calories – and wasn’t drinking enough because he isn’t allowed bottled water and doesn’t usually drink tap water. Voy admitted in court records that Mayweather’s “low caloric intake was self-inflicted.”

Mayweather spends more than 30 minutes twice a day in two recreation areas in the administrative segregation unit. His cell, no larger than 7-by-12 feet, has barely enough floor space for pushups and situps.

But prosecutors argued he’s “deconditioning” by choice, and declining much of his food.

“He has the ability to exercise, he just chooses not to,” Luzaich said. “It’s jail. Where did he think he was going? The Four Seasons?”

Voy and Wright also pointed to Mayweather’s declining emotional state.

“I am concerned about Floyd withdrawing, developing anger he cannot dissipate through the usual means of dedicated exercise and training,” Voy wrote in an affidavit. “Boxing has been Mr. Mayweather’s life since he was a young man and we need champions of this type to continue to their natural retirement and hopefully their contributions to society thereafter.” (lariosa_jos@sbcglobal.net)

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