The Triangle Choke: Erin Toughill Interview

SD- Erin, speak about your background in combat sports.

ET- I was an athlete my whole life. I started playing soccer at 4 years old then basketball, softball, all at very high levels throughout my adolescence. I started in BJJ with the Gi when I was about 18 or 19. I had been doing low level striking training before that. But I started getting VERY serious when I was about 21, and I had my first pro fight when I just turned 22, in 1999. So I found martial arts a little later in life, but I started fighting way before it was the "cool thing" to do...like it seems to be why people fight today.



SD- When did you start training for MMA specifically

ET- When I was 21. I never knew women did MMA. I was going to kickbox but overseas it was a big thing for women. So my career started there & I never looked back.
SD- How has your family reacted to you being a fighter?

ET-My family always, always supported me. My Dad didn't like that his little girl was getting punched in the face lol but he knew I was a go-getter and if I was going to fight, it was so I could be the best. He knew my dedication and he respected that. My mom typically goes to all my fights. My sister and Dad were my biggest fans, and although they're not here physically anymore, their spirits are always with me, pushing me to be the best.

********

SD- Thank you Erin. We will continue to monitor your career and look forward to the event on August 15th.

ET- I wanted to thank Neil Melanson and my sponsor, Cage Fighter. Of course MMA Agents and all the boys who work with Ken Pavia and Nate Brodnax. I am just trying to get the casual fan to know me, and I hope I can prove women can bring a great deal to this sport. Go to www.erintoughill.com and myspace.com/erintoughill for info on me.

Click here to read the entire article

WEC's "Razor" Rob McCullough recovering from surgery, seeks late fall return

Originally posted on MMAjunkie.com

Former WEC lightweight champion "Razor" Rob McCullough (17-5 MMA, 8-3 WEC), expected to miss the remainder of 2009 following two surgeries on his right hand, may be ready to return to action sometime this fall.

MMAagents' Nate Brodnax told MMAjunkie.com (www.mmajunkie.com) his client was recovering from the injury ahead of schedule and will seek a bout in the WEC as soon as September, though October or November appears a more likely date.

McCullough needed the surgeries after breaking his hand in a March split-decision win over Marcus Hicks.

The WEC is rumored to be holding an event in September, though nothing has yet been officially announced by the organization. Brodnax said McCullough was looking to return to action as quickly as possible, though the September event may prove too early.

McCullough was the WEC's lightweight champion prior to a third-round TKO loss to current champ Jamie Varner in February 2008. McCullough also lost a November 2008 decision to current No. 1 contender Donald Cerrone, who is currently slated to fight Benson Henderson at the as-yet-unannounced September event.

McCullough also mixed in the victory over Hicks, as well as a split-decision win over Kenneth Alexander, during his past four contests. While just 2-2 in that span, McCullough had put together a nine-fight winning streak before his recent .500 stretch. His sooner-than-anticipated return to action will provide further depth to the WEC's lightweight division, currently on hold while awaiting on the return of Varner, also recovering from a hand injury.

Click here to read the entire article at MMAjunkie.com

Kyle Dietz signs with WEC, meets Charlie Valencia at WEC 41 in June

Originally posted on MMAjunkie.com

A bout between recent signee Kyle Dietz (5-0) and veteran Charlie Valencia (10-5) will take place in June at World Extreme Cagefighting's "WEC 41: Brown vs. Faber II" event.

Deitz's manager, Nate Brodnax of MMAAgents.com, today told MMAjunkie.com (www.mmajunkie.com) verbal commitments are in place and that bout agreements are in the process of being finalized.

WEC 41 takes place June 7 at Arco Arena in Sacramento, Calif.

The show, including the night's main event between UFC featherweight champ Mike Brown and former title-holder Urijah Faber, airs live on Versus.

The Dietz vs. Valencia fight will likely end up on the night's un-aired preliminary card.

Click here to read the entire article at MMAjunkie.com

PRO MMA exclusive interview: Zak Cummings, TUF 10 tryouts and beyond

Originally posted on ProMMA.info

Zak Cummings trains out of Springfield Fight Club in Springfield Missouri, and is 9-0 as a professional mixed martial artist. Coming off a big win over UFC veteran Terry Martin this February at XCF: Rumble in Racetown I, fighting eight times in one year, juggling fighting, school, and two jobs, the young fighter is looking to continue to build on his momentum in the fight game.

The undefeated 24 year old fighter is at this time en route to Seattle, Washington to try out for The Ultimate Fighter season 10. He has his mind set on making the house, excelling on the show, and taking his career to the next level as a fighter in the UFC.

Regardless of what happens with The Ultimate Fighter, expect to see Zak Cummings in a major organization in the near future. With a strong wrestling background and an ever expanding well rounded game, Zak has won six of his nine fights by either KO or submission. Zak took some time out of his insanely busy schedule to talk with PRO MMA (promma.info) about The Ultimate Fighter, his career, and his camp:

PRO MMA: Zak, So I understand that you will be flying out soon for a shot at The Ultimate Fighter Season 10…
Zak Cummings: Yeah I’m getting ready to fly out of here Sunday, to see if I can’t get on the show and get a little more exposure out there.

PRO MMA: We’ve all seen multiple seasons of the show by now, and hear from former cast members how difficult and crazy it can be living in that house. How do you think being in the house would be with all those crazy guys?
Zak Cummings: I think it would be fun. I’m one of those that like to have a good time. You’re going to have the characters on there, and I’d probably just sit back and laugh at them, and feed off of them. I don’t really let too much stuff get to me, so you can kind of make fun of me or do what you want, and I’d just give it right back. I don’t really get upset about anything, I think it would be fun actually. I’m sure it could get pretty stressful, away from the outside world for so long, and be in a house with a bunch of testosterone and fighters… I don’t know, I think it would be alright, I’d make the best of it.

PRO MMA: In addition to fighting, you also go to school full time. Tell us a little bit about that.
Zak Cummings: I’m a senior at Missouri State University, majoring in exercise and movement science.

***********

PRO MMA: Zak, thanks a lot for spending so much time with us here at PRO MMA (promma.info). Are there any sponsors you would like to thank, or any shout outs you want to send out?
Zak Cummings: I really want to thank my family for standing behind me and supporting me a whole lot. All my team mates, Springfield fight club, my coaches, we just push each other and feed off each other. I have the most exposure at the gym, but I have a lot of great guys there and they’re all just so tough. I want to thank Joe with Nakato’s Steakhouse and Ken from Boyers Tel-com, they’ve really kind of stepped up and helped me, especially helping me get out to Seattle and they’ve been very supportive of my career so far. Sofa Superstore also helps me out with supplements too. MMA Agents, Nathan Brodnax, I have to thank them for getting me all the exposure. I started with those guys right after the Terry Martin fight, and I feel very confident and feel like good things are going to happen for my career.

Click here to read the entire article at ProMMA.info

Congrats to Nathan Brodnax

Everyone here at MMAagents would like to congratulate one of our own, Nathan Brodnax, for the birth of his first child this week!

MMAagents' Help in the Fight to have Elite XC Contracts Terminated

The Mixed Martial Arts Fighters Association (“MMAFA”), on behalf of its members, forwarded a demand letter today to EliteXC Live, a California corporation (“EliteXC”). MMAFA seeks an acknowledgment from EliteXC that its promotional agreements have been terminated. While hopeful that litigation will be unnecessary, a draft of complaint has been prepared and forwarded to EliteXC officials. According to the letter, EliteXC has a limited time in order to voluntarily provide the release to all of the fighters, and if EliteXC refuses, MMAFA will file a complaint.

On November 10, 2008, in an action initially spearheaded by agent Ken Pavia, a group of agents, including Ed Soares and Monte Cox, collaborated to “pool resources” to fight the proposed auction of and transferability of EliteXC’s promotional agreements. “The unity of this effort is unprecedented and the message that is being sent is clear,” declared the agents. Recognizing the success of their prior action, a number of agents sought collective action again in resolving contractual issues with EliteXC.

“This situation has gone on entirely too long,” stated agent Ed Soares. “I can’t have my fighters left in the dark and unable to sign with any promotion they choose.”

Nathan Brodnax, Esq., counsel at MMAagents, echoed Soares comments. “We have made every effort to solve this problem outside the courts and have only turned to legal action as a last resort. Unfortunately, such steps have become necessary to protect the interests of our clients and to ensure their continued ability to make a living. We are confident that the courts will uphold our legal claims and request for relief.”

“Unfortunately, individual litigation is cost prohibitive for our members. While it is our intention to reduce any unneeded expense,” stated Rob Maysey, “MMAFA has reached out to and contacted top litigation counsel and is prepared to litigate this matter to a conclusion. Fighters and their families have been put in an unfortunate position and are unfairly bearing the burden of EliteXC’s situation.”

Maysey continued, “MMAFA acts only upon the instruction of our fighter members and their representatives. MMAFA has actively solicited input from agents and their respective legal teams. This initiative is truly collaborative and support has been widespread. At this time, our focus is solely on resolving the EliteXC contractual issue for our members.”

EliteXC's Diabate meets UFC vet Sincade in Jan. 22 PFC main event

Originally posted on MMAjunkie.com

Famed French striker and recent EliteXC fighter Cyrille "Snake" Diabate (12-6-1) will meet "The Ultimate Fighter" and UFC alumnus Lodune Sincaid (14-6) in the main event of Palace Fighting Championship's Jan. 22 event.

Nathan Brodnax of MMAAgents.com, which represents Diabate, told MMAjunkie.com (www.mmajunkie.com) that bout agreements will soon be distributed and signed for the headline fight.

Diabate, a one-time PRIDE fighter who was offered an EliteXC light-heavyweight title fight before the organization canceled its Nov. 8 event, will compete for just the second time in 21 months.

.....................

Also scheduled for the card, according to Brodnax, is a bout between Xavier Foupa-Pokam (19-9), who's won 11 of his past 12 fights, and BodogFIGHT and King of the Cage veteran Kyacey Uscola (15-12).

Foupa-Pokam is one of Diabate's training partners.

The Jan. 22 PFC event takes place at the Tachi Palace Hotel and Casino in Lemoore, Calif.

Click here to read the entire article at MMAjunkie.com

A Congrats to one of MMAagents Own!

MMA Agents would like to congratulate one of our own, Nathan Brodnax, on his first MMA amateur win. Hopefully this is one of many to come. Congrats Nate!!!

Full-Time Fighter: Sean Salmon reinstated, fighting for title tonight

By: Sean Salmon (originally posted on MMAjunkie.com)

Finally, after 10 months, unexpected delays, enormous expense, sleepless nights and alienating myself from family and friends, the nightmare with the California State Athletic Commission is over.

That being said, I will be doing a column early next week to detail everything that went down. But the most important part is that it's all over. I've been cleared to fight and have been fully reinstated.

However, I do have to touch on California one more time. MMAAgents.com is amazing, and I am not just saying that because it's my agency. Everyone in that office Ken ("The Pav") Pavia, Nate Brodnax, Julian Gregorio and the new guys, Danny and Tony, went far and above my expectations to help get this cleared up. They never once let me believe that I was an inconvience in any way (believe me, I was) -- calling, texting and emailing serveral times a day. And when I was in town, I stayed at their house, they drove me everywhere, and made sure I was fed, watered and training. MMAAgents.com couldn't fire me if they tried. Like I said, though, I will be detailing all of that next week.

Up next -- and by up next, I mean tonight -- I will be fighting in my hometown of Columbus, Ohio, for the NAAFS (www.naafs.tv) middleweight belt. I take on reigning champion Mitch Whitesel.

NAAFS is one of the biggest and best regional shows, and it's shown on tape delay on Sports Time Ohio (basic cable in Ohio, but part of the DISH Network extended sports package). Greg Kalikas and his crew do a great job of promoting the fights and taking care of the fighters.

This is not a fight that I just agreed to last second. I knew three months ago that I was going to be coming off California's suspended list, so I have been training hard for the past two months -- not to mention the eight months before that I was on suspension and working to improve my skill set. Actually, the past 10 months is the first time in my career that I have actually had coaches and a proper training camp for a fight. I have been training at Relson Gracie's school in Westerville, Ohio, with head trainers Robin Geisler and Jason Gulbranson, as well as my most consistent training partners Marc Cofer (big-time up-and-comer) and Brandon Willis (another fighter with a ton of potential).

I have been working extremely hard on my kickboxing, and I've been getting further instruction in Brazilian jiu jitsu. Additionally, I've been under 200 pounds for the last month leading into this fight. (It turns out that I can actually be a lean 185-pounder with the proper training, lifting and nutrition).

I am very excited for this fight. I don't believe that I have ever been this well prepared for a competition. That being said, I understand that all that training means nothing if I don't perform to my abilities, which has been a problem in some of my fights.

Like I said, though, this is just going to be a quick update. Much more will follow in the next couple of weeks.

Start again at your beginnings and never breathe a word of your loss...

Click here to read the entire article at MMAjunkie.com

Travels with The Pav: Part II

Originally posted on MMAjunkie.com

by Ken Pavia on Sep 06, 2008 at 2:20 pm ET

Battles are won and lost in preparation. So much more goes into an agent's work at a fight than just grabbing the shoes ringside, throwing the sponsor shirt on the fighter after the fight, and taking pictures at the after party. This installment focuses on our team's preparation for the trip and the arrival in the first stage of the journey.

Such is Part II of The Pav’s self-indulgent piece, "Travels with The Pav."

The Team

While I recover from the last trip, book a few fights, do some fighter-relations calls, write memos to my staff until 4 or so in the a.m., react to crisis, and prepare for the next trip, my team handles all the details that MMAAgents' (www.mmaagents.com) clients have come to expect -- and rely on us to handle. Our attention to detail and utter devotion to every aspect of our clients' lives are just some of the many reasons why I say with confidence that we are the best and second best agency in the business.

I have a low tolerance for ignorance and error, so I frequently blow people out for falling short of expectations. Julian has survived the longest, almost two years. He is basically our compliance department, and he is doing a much better job than the two people who preceded him in that role.

The job entails booking flights and hotels, corresponding with the promotions to get both promotional agreements and bout agreements signed in a timely fashion after they have been reviewed by legal, coordinating all the commission medical requirements for each jurisdiction (and they are all different), doing the mock-ups for the fight shorts and shirts, supporting the sponsor department, and anything else I dump on his desk as I pass through during the day.

Julian often gets caught in damage control doing things like figuring out how to get Joe Riggs out from a snowed-in airport in Ohio, or making sure Sean Salmon provides all the necessary paper work to the California State Athletic Commission to get off suspension. Funny thing is, the only time his name comes up is when something goes wrong and I freak out. (I kind of like freaking out. Somehow it makes The Pav's day more interesting). It is really a thankless job.

With 51 clients, and 12 to 15 fighting each month, Julian is on call 24 hours a day. This trip was tough for him because of all the one-way flights -- some of which are booked by the promotion -- three different athletic commissions, and my insistence that the office furniture be changed up and rearranged to improve the feng shui before the fights.

Sponsorships

Danny heads up the sponsor department. When he started, I called him "Danny Donuts" because I couldn't pronounce his last name. I still can't. He thought it was a fat joke, so we are going back to the drawing board for a nickname.

Securing sponsors is challenging enough before the poachers move in. There is always the asshole in the fighter's ear saying, "Joe-over-here can get you $1.2 million if you use him." That being said, commissions from sponsors equal a third of our company's revenue.

Monte Cox was the only real option for representation in the early years of the UFC, and he hates doing sponsorships so much that he doesn’t do them at all. We solicit sponsors, have the shorts and shirts printed, provide pictures and sponsor thank-you packets, and invoice them because the revenue generated by them is crucial to our clients and helps them be full-time fighters.

Danny is new to MMAagents.com, but he is solid. While I went on the road, he went to a trade show this weekend to try to get new companies into the business. We have four guys fighting on this trip. I left with the clothes for Martin Kampmann. The rest will be FedEx'd to me on the road once the printing is done. Despite our efforts, at least some sponsor commitments always come at the last minute. We were able to get Martin and "Razor" Rob McCullough both more than $20,000. They are pretty stoked.

Yin, Yang and Counting Beans

Every effective Yin needs a Yang. Nate is my Yang. He graduated top of his law school class, is a licensed attorney, gets up every morning at like 5 a.m. to get his first of two daily workouts in, and is married with a kid in the oven. While I burn the midnight oil, work from the house in the morning and make my way into the office midday to throw things into a state of chaos, Nate runs the staff, cleans up my messes and helps implement all the things I promise.

In the days of preparation for the trip, I painted broad strokes for the appeal to the Nevada State Athletic Commission to have the Anthony Johnson decision overturned -- and had Nate support my arguments with legalese. I also had him write a memo on trademark and copyright law to make sure the cease-and-desist notice we got from the UFC for the pictures on our clients' websites had merit, and it seemingly did.

Nate also spent time cultivating relationships with new fight promotions for our clients that are working their way back to "The Show." Oh, and he is empowered to crack the whip. While I feel I have a strong bond with all of the guys we sign, some of them relate better to Nate. We are very different personality-wise. While I grow the beans, he counts them.

The Pros and Cons of Internship

We also have four interns. Sean is a bookworm second-year law student, and he oversees the MMAAgents.com blog. He is also the point-guy for media requests, which are plentiful.

When Mike Pyle won his Affliction fight in Anaheim, Calif., he decided to stay in town for a few extra days. He called me late on Sunday night and asked where he could take his friends. I told him it was slow, so he said they were taking a taxi to my house, where I was watching Japanese fights on HDNet with my bangin' lady friend.

Well, Mike shows up with three unbelievably hot Russian girls and a buzz. I immediately scrambled for back-up. "Razor" Rob was training for a fight and had a girl in his room already. Tiki Ghosn was an hour away in L.A., Tito Ortiz is married, and Sean was the only one to answer the call.

A bottle of vodka into the evening, I asked Mike how to apply the anaconda choke. He told Sean to get on all fours, and he applied it.

Well, Sean has never rolled before. So when he tapped, he began to tap his own leg. Mike thought it wasn't in tight enough, so he increased the pressure. Before I knew it, Pyle had choked out my intern in front of the Miss Universe Pageant in my living room. To this day I have to hear, "I will get your egg whites, but I didn't sign up for getting choked out. That was not cool dude. That was so not cool."

The other interns -- Tony, Meesh and Joe -- always have stacks of projects. In preparation for this trip, they wrote press releases, picked up sponsor clothes, pulled tape on our fighters' opponents and increased our sponsor and industry databases for news dissemination, etc. While I go out on the road and take all the bows, these guys all bleed with me in support of our fighters' efforts. It really is a well-oiled machine.

The Airport

Three out of every four weekends I end up on the road. Airport survival has become a necessary chapter in the MMAagents.com how-to book. I have come to learn that:
Most airlines now charge $15 per bag that you check in and $25 if your bag weighs more than 50 pounds. This sucks when you are transporting wardrobes of sponsor clothes, banners, fights shorts, and corner attire to every event.
You can't get healthy food in airports. Sorry, it just doesn't exist. Pack your own food, or you will end up looking like a baseball umpire in no time. (My life-preservation reflex kicked in and prevented me from telling a Ricco Rodriguez or Gina Carano joke there.)
Airport personnel are immune to negotiation or reason. I pride myself in the use of the Jedi mind trick that always works on $10-an-hour security guards or nightclub doormen, but airport employees are immune. This leads into my next story.
Some time ago every Nazi in America was hired to work security checkpoints in the airport. From personal experience I can tell you every belt I own, my business card holder, and my phone set the metal detector off. Tripping the metal detector twice gets you frisked, and it is a same-sex frisk only. Shoes must come off, so I have acquired slip-ons for all weather for travel. Also all liquids more than three ounces, including bottled water, are not allowed past security.

These new regulations often create damage-control situations. An unnamed athlete decided that he did not want to dispose of his travel supply of marijuana before boarding the plane. In all his brilliance, this guy decided to hide his weed, which is not allowed on the plane, in his bottle of water -- which of course is not allowed on the plane. Needless to say he got pinched.

The worst part was he was on his way home. All I could think as I was being informed was, "If you like pot that much, maybe you should probably have some at your house." He probably should have pled guilty to being stupid. True story.

The Westin and Randy

The fighter hotel for this event is the Westin. It has 73 floors and is one of the nicer ones we have stayed in. My room was on the 40th floor, but Mr. Jackson -- who happened to be in my pocket -- got me upgraded to the 70th floor. The view from my window makes me feel like a Colombian drug lord. This is the first time the UFC has come to Atlanta, so there is a buzz, and the lobby is packed with fans trying to get a glimpse of a fighter.

Randy Couture is in Martin's corner with Shawn Tompkins and me. I have known Randy for a few years and represent a number of the guys at his gym. I can say with no reservation that he is a genuine and quality guy. It is not an act. He hasn’t forgotten who he is or how he got where he is.

Last week he resolved his differences with the UFC and has agreed to return. As if it wasn't bad enough before, the attention on Randy is magnified now. Every time we have to venture out of the rooms, we have to consider the best route for Randy so we don't get stuck while he kisses babies and presses palms.

In preparation for his fight with Brock Lesnar, I was able to get him to invite two of my guys -- Josh Hendricks (who is fighting Gabe Gonzaga on the same card) and Jake O'Brien -- to come to camp with him. He needs big wrestlers. He also has extended feelers for two of my guys to participate on his wife's promotion in Las Vegas on Oct. 11.

I broke bread with the camp, and Dann Stupp from MMAjunkie.com joined us late. We sat across from my good friend Ed Soares -- who manages and translates for just about every Brazilian in the UFC -- and traded friendly barbs throughout. I actually knew Ed before I represented any fighters and he ran Sinister clothing. Good people.

After we ate we came back to the hotel to watch Martin break a sweat and then hung out in the lobby for a spell. While still with Dann, I bumped into agent Monte Cox -- with whom I have an on-again, off-again rivalry. I introduced him to Dann and told him they have a lot in common.

I said the torch has now been passed and MMAjunkie.com is now second in MMA traffic, while he is now competing to be the second-best agent. He made some comment about there should be a height requirement to represent fighters, and I said something about him looking like he ate Rich Clementi. We laughed -- me confidently, him uncomfortably -- and we parted ways.

Stay tuned for Part III: "The Weigh-Ins and the UFC."

(Pictured: Glamor and glitz on the road? Not so much. As client Martin Kampmann works with coach Shawn Tompkins, Pavia deals with the travel headaches from the WEC's canceled event.)

Ken Pavia is a frequent MMAjunkie.com contributor who also runs MMAAgents.com, one of MMA's biggest sports agencies and one that represents more than 50 top-level MMA fighters. "Travels with the Pav" is designed to give readers a behind-the-scenes look as a handful of fighters (and their agent) prepare for fight day. New columns will be available every few days. Pavia's views and opinions do not necessarily represent those of MMAjunkie.com and its staff.

Justice for All? A Retrospective on the Phil Baroni Steriod Appeal

On Weds Oct. 31 Mr. Baroni, his agent Ken Pavia, his lawyer Raffi Nahabedian, and my self (associate agent and newly licensed attorney Nathan Brodnax) participated in an administrative hearing in front of the California State Athletic Commission in an attempt to clear Phil of steroid charges. What follows below is a brief description of the factual circumstances surrounding Phil's positive steroid test, the events that took place leading up to the steroid appeal, and the debacle that was the CSAC hearing itself.

Round 1 - Factual Background

In preparation for his title fight with Frank Shamrock, Phil trained like a maniac. He spent hours upon hours in the gym and ate a ridiculously restricted diet. In order to help himself cope with this strenuous routine Phil took many supplements during his training (nearly seventy in all). A few weeks before the fight was to occur Ken (Phil's manager/agent) noticed a statistic on the CSAC website stating that 15% of over the counter supplements may result in false positives for steroids. Aware of how many supplements Phil was taking, Ken advised Phil to take a pre-test to ensure one of the many supplements he was taking didn’t cause a false positive on fight day. Phil resisted this idea at first, but after Ken noticed that one of the supplements Phil was using warned that the product may result in a false positive for steroids, Phil changed is mind.

This event led Phil to acquiesce to Ken’s request to take a steroid Pre-test. However, worried about the occurrence of a false positive, and not wanting to have a positive steroid test floating around with his name on it, Phil took the test under a false name (his fiancé’s name, Angelo Beck (her name being “Angela Beck”)). This test, taken on June 13th, 2007 (nine days before his fight on June 13th) came back negative for all steroids.

Assuming that he was in the clear regarding false positives, Phil proceeded to prepare as normal for his fight. The day before the Shamrock fight (June 21), Phil gave a urine sample as required by the CSAC. On the form that accompanied the urine sample there is a question which asks “what supplements did you take in preparation for this fight”. Of course you are only given one four inch line to answer this question, so Phil did not list the 67 supplements he had taken in preparation for his fight, rather he gave his answer in broad terms, such as “protein, gamma-o, vitamins, greens” etc.

After his fight on June 22, Phil was informed by way of a letter sent on July 3, 2007 that he had tested positive for Boldenone and Stonozolol, two veterinary steroids not found naturally in the human body. Upon hearing this news Phil was totally blown away and confused. Not only did he know for sure that he did not take those drugs, he had even taken a pre-test weeks before to ensure no false positives would occur. After racking his brain Phil consulted with Ken and together they decided that Phil should take another test to see if those drugs were really in his system. Thinking back to the threatening email received by the commission Phil and Ken were concerned that maybe Phil had been drugged unknowingly sometime after his pre-test by someone with a vendetta against Phil. This self test, administered on July 9th also came back negative for all steroids, including Boldenone and Stonozolol.

With this information in hand Ken and Phil decided that Phil should take another test under more controlled circumstances to more accurately document his negative test results. To this end, Josh Gross form Sherdogg/ESPN was contacted. He and a Physician named Dr. Frank Stile, watched and filmed Phil urinate into a cup, which was then handed to Dr. Stile and shipped off to a lab for testing. Again, this test came back negative for all steroids across the board.

Now Ken and Phil were thoroughly convinced a mistake had been made. The most likely one they could think of was that the lab (Quest Diagnostic) had some how switched Phil’s sample with someone else’s. To this end Ken and Phil decided to have Phil’s sample DNA tested to ensure that it was in fact his urine. However there was not time to get the sample released before the CSAC steroid appeal on Aug. 6th, 2007. Thus, at the Aug. 6th CSAC hearing we requested and were granted a continuance by the CSAC in order to prepare our case.

Here I would like to give a brief description of the Aug.6th hearing so as to contrast it later on with the Oct. 31 hearing. The hearing in Aug. was very informal. There was a podium which the fighters stood at and made their argument/admission to the commission. If fighter wished to present evidence to the commission, they simply handed it to the commission for discussion/review, no formal evidence admission processes were observed. There was no opposing counsel or prosecutors, just a person from the CSAC to testify as to the integrity of the sample collection process. All decisions were made via majority decision by the commission; no single person controlled the proceedings. If a commissioner had a question they simply asked the fighter. Also present as a commission panelist was Mrs. Karen Chappelle, a representative from the Attorney General’s office. Acting as an objective non-voting member during the Aug. 6th hearing, Mrs. Chappelle’s role would change greatly at the Oct. 31 hearing.

The proceedings on Aug. 6th were very informal and a bit disorganized, but things proceeded rather smoothly. The commission seemed to be rather strict in their enforcement of steroid suspensions, giving maximum sentences to the first three mixed martial artists that made appeals (this includes one MMA fighter who actually had a doctor’s prescription showing the steroids he tested positive for were prescribed for an injury). It wasn’t until the final appeal, for one James Toney, a champion boxer, that the commission gave any ground. Mr. Toney’s defense consisted of a vehement denial on his part, coupled with verbal threats and profane language directed toward Dr. Giza, the one commissioner who challenged his defense that vitamin supplements had caused some type of false positive. The only evidence Mr. Toney had for this claim was receipts showing he purchased the vitamin supplements. In spite of this weak defense and a verbal outburst, Mr. Toney was the only person that day to get a decreased sentence (a reduction from a 1 year suspension to 6 months).

During the interim period between the Aug. 6th hearing and the Oct. 31 hearing we were busy working to prepare Phil’s case. After extensive research we were unable to find what rules of procedure and evidence govern CSAC hearings. Thus, we requested from the commission the procedural rules governing the hearing to as to better prepare our case and the manner in which we were to bring in evidence. These requests were acknowledged, but were never answered. We also requested the commission turn over to us all evidence and/or documents in the possession of the government pertaining to Phil’s case. These requests too were acknowledged, but such evidence was never provided to us. Finally, we requested that Mr. Baroni’s urine sample be released to an independent lab for DNA testing. After much research we were only able to find one lab that with the ability to test urine for DNA.

The request to release Phil’s sample was originally made to Quest Labs, but was denied under the auspices that the request had to come from the CSAC. We then made repeated requests to the CSAC to have Phil’s sample forwarded to our independent lab. After a great deal of back and forth, we were informed that the CSAC would not release the sample because the lab we had chosen for independent testing was not certified by the Department of Health and Human Services (DHHS). This in fact was not true, so we contacted that lab, named Carlson Inc., and had them forward to the CSAC their DHHS certification. Upon receiving this certification however the CSAC then refused our request stating that Carlson was not on a list of CSAC approved labs. This was the first we heard of this list of some 40 labs (mind you, by this time we are only 2 weeks away from Phil’s Oct. 31 hearing and had been attempting to get his sample released for nearly three months). We then called every lab on the list and determined that none of them tested for DNA and steroids. Finally, upon learning this, the CSAC agreed (barely more than one week out from the hearing) to release the sample to Carlson for testing. However, they released it with the instructions that we were only to test the sample for DNA, and not for steroids (even now we are unclear why they gave this instruction).

At Carlson it was determined that there was insufficient DNA in the urine to determine if the urine was Phil’s or not. However, Carlson informed us that there was sufficient urine left in the sample to retest it for steroids. With only a few days left to the hearing and with nothing to lose, we decided to have the sample retested for steroids. Surprisingly, the test came back NEGATIVE for ALL steroids, Boldenone and Stonozolol included. This test, coupled with the three other negative tests Phil had taken (including the one under a controlled environment taken in front of witnesses) told us decisively that something had gone wrong with Phil’s test at Quest laboratories. However, with only three days to prepare for the hearing, it was too late to determine when or where the mistake had been made. With four negative tests in hand we prepared for Phil’s hearing as best we could.

Round 2 – The CSAC hearing

Unable to find any regulations regarding procedure, and offered no help in this regard from the CSAC, we prepared for the hearing on Oct. 31 operating under the belief that the hearing would be conducted in the same manner as the Aug. 6th hearing. Thus we prepared to make an informal presentation before the commission of all the evidence we had accumulated showing Phil’s innocence. Unbeknownst to us, the leniency shown by the CSCA to James Toney at the Aug. 6th hearing resulted in a lot of flak for them from the public and from the Attorney General’s office. In response to this outcry the Attorney General’s office took steps to ensure the commission would be much stricter in their enforcement of suspensions.

The morning of the hearing the first major change I noticed was that a lawyer from the Mrs. Chappelle, an attorney from the Attorney General’s office was sent to act as opposing counsel on behalf of the government. As mentioned above, at the Aug. 6th hearing Mrs. Chappelle had sat on the CSAC panel as a non-voting member and she was now our opposing counsel for the hearing. Possible conflict of interest issue aside, this arrangement gave the Oct. 31 hearing a much different dynamic than the Aug. 6th hearing. Rather than being an informal hearing where the information was provided in the form of a presentation to the commission, the process was now an adversarial proceeding in which Mrs. Chappelle would attempt to block and debunk our case at every turn. This change in structure was very shocking to us, as we had prepared for a presentation, and instead we were surprised with a trial.

Perhaps the most baffling part of the day’s proceedings on Oct. 31 occurred before the formal appeal hearings even began. At the opening of the CSAC meeting, Mrs. Chappelle was allowed to put on a 2 hour presentation in front of the commission touting the evils of steroids, and steroid users. Mrs. Chappelle even went so far as to begin the presentation by stating that its purpose was to ensure the CSAC did not show the same type of leniency in this hearing, that it had in the Aug. 6th hearing.

Much of this presentation was ridiculously prejudicial and inflammatory. The first two presenters provided little in the way of actual scientific information and rather delivered long diatribes full of rhetoric about how steroid use in professional sports results in thousands of children using steroids. One presenter even quoted excerpts from a book “Death in the Locker Room”, a book about how a teenage athlete dies from steroid use. Furthermore, the thrust of one presenter’s arguments was that the current CSAC suspension of one year was insufficient and that persons testing positive should be suspended for two years rather than one year because that is how the Olympic Commission does it. Of course this presenter failed to point out that Olympic athletes only compete in the Olympics every four years and that they are still allowed to compete in their home countries. This argument had nothing to do with professional mixed martial arts fighters and had even less to do with whether or not Phil was actually guilty. It only served to encourage the commission to impose a harsher sentence.

As a law school graduate, and a person who has sat in on various trials and court hearings, I cannot begin to explain to you how shocked and amazed I was that this unfair and prejudicial practice was allowed. In courts of law, evidence is routinely excluded from court if its probative value is outweighed by its prejudicial effect. Here the probative value of this information was so low, and its prejudicial value was so high, that I am certain that if this had been a case in a real court, such a presentation would never have been allowed. To draw an analogy, it was like allowing Mothers Against Drunk Driving (MADD) to give a two hour presentation to the jury on the evils of drunk driving and the need for harsher punishment of drunk drivers before the start of a drunk driving case. The vast majority of information provided had nothing to do with the facts of the cases at hand and served no purpose but to prejudice the commissioners against any person with a positive steroid test.

What little scientific information that was provided during this presentation was given in a 45-60 minute presentation curtsey of Mrs. Chappelle’s steroid “expert” from Quest Laboratories. This too was totally unfair and prejudicial. By allowing this to occur the DA was provided with nearly an hour of unchallenged, non-cross examinable testimony by her expert to the Commission. We were unable to challenge anything stated by this “expert” during his power point presentation which we might disagree with. Furthermore, this was also very prejudicial in that it placed the Mrs. Chappelle’s “expert” in a position of absolute authority regarding matters related to steroids and steroid use. This is not true, while he was a well qualified doctor with experience in drug testing, he is not a specialist in the area of steroids or steroid use and it was deceptive to hold him out as such.

This presentation however was just a taste of things to come. As we would soon see that little show was not the only step taken to ensure stricter enforcement and punishment by the CSAC.

We were to be the first case of the day. As usual in court proceedings, the prosecution presents their case first. However, at the opening of her case prosecutor Chappelle referenced a packet of materials she had prepared and distributed to the commissioners. We had never been provided with this packed, despite our numerous requests for all information pertaining to Mr. Baroni’s defense and as such requested a few minutes to look it over. However this request was initially refused by the commissions acting “judge” on all legal matters, one Mr. Walker. (Mr. Walker was a lawyer sent from the Department of consumer affairs to act as the legal decision maker for the hearing). We raised a second objection and again were denied. However, due to concerns over fairness raised by Commissioner Noonan we were thankfully allowed time to look the packet over. In the interest of fairness we took this opportunity to provide Mrs. Chappelle with our own packet of information which we had also provided to the commissioners that day, allowing her time to look it over.

Things continued much the same way for the entire hearing. Throughout the process, the rulings issued by Mr. Walker were blatantly one sided. Objections, requests and concerns raised by Mrs. Chappelle were addressed and supported, while we were constantly shot down and reprimanded. Throughout the process I felt Mr. Walker’s objectivity was questionable. Furthermore, many people present that day questioned the legality of allowing a lawyer to make evidentiary and procedural decisions normally reserved for a judge.

We began the presentation of our case by allowing Phil to testify and tell the commission in his own words that he was innocent, and that he didn’t ingest the drugs. Phil did a good job and made a heartfelt plea to the commissioners.

In her cross examination of Phil however Mrs. Chappelle attempted to cross examine him on matters that were totally outside the scope of Phil’s direct examination testimony. She began picking through the packet we had given her earlier and pulling out pieces of evidence we had not yet introduced in order to cross examine Phil on them. This I found very objectionable as anyone with a rudimentary understanding of court procedure knows that cross examination is to be limited to those matters brought up on direct examination. As such Phil’s lawyer Raffi Nahabedian made a well spoken, well phrased and legally concise objection to this attempt, explaining how prejudicial it would be to allow the opposing side to present our own evidence in this way. Of course this objection was over ruled by Mr. Walker and Mrs. Chappelle was instructed to continue her questioning. Flustered Raffi asked what code or rules of evidence Mr. Walker was relying on in making his decisions. It was only then that we were told the true of the proceedings. We were informed by Mr. Walker that there were no rules governing this proceeding and that the rules governing the proceedings were whatever he [Mr. Walker] said they were. I know that sounds like a ridiculous misquote, but I assure you once the transcript of the hearing is posted online you will be able to verify it yourself.

This ruling by Mr. Walker did a lot of damage to our case. Rather than being able to give a good explanation and prompt before introducing Phil’s pre-test (the one with his fiancé’s name on it), it was brought out as a bombshell by Mrs. Chappelle while cross examining Phil and used to discredit him, us, and our entire argument. From then on out we were struggling to do damage control. It was apparent throughout the proceeding that Mr. Walker intent and purpose was to ensure Phil received the full sentence and not to act as an impartial fact finder.

That one statement by Mr. Walker regarding the rules governing the proceeding pretty much sums up the hearing as a whole. The procedural rules were whatever he said they were. Throughout the day it became increasingly clear that there was little rhyme or reason to anything the commission did. With no formal rules of procedure or evidence, everything was up for debate, a debate that we usually lost. To use a sports analogy, arguing this case was like playing a basket ball game with a referee that changed the rules after every basket was made. It was next to impossible to mount any type of viable offense or defense.

Following the debacle with Phil’s pre-test we were allowed to continue presenting our case. We made our arguments and offered into evidence the three subsequent tests Phil took to clear his name (including the re-test of the original sample given at the time of his fight).

The first post fight test that was self administered by Phil at home was objected to by Mrs. Chappelle for lack of foundation. However, even after extensive attempts to lay the foundation on the part of Raffi by questioning Phil regarding the test and the testing process, the objection was still sustained because Phil did not have first hand knowledge as to the chain of custody of the lab that conducted the test. This was especially frustrating for us since the Quest Diagnostic lab results were allowed in based upon the testimony of Quest’s “expert”, even though he was not present at any time during that test and had no first hand personal knowledge of the chain of custody.

The second post fight test that was administered in front of a doctor and a reporter was also challenged for lack of foundation. This time we produced a signed affidavit and a notarized letter given to us by the Dr. who collected the sample, certifying that the collection process was done in accordance with all state protocols and that the chain of custody was maintained. A ruling on the admissibility of this test was never issued however as we were instructed by the commission after much debate to proceed with the presentation of our case.

Finally we pulled out our ace in the hole. We introduced our retest of the sample collected before Phil’s fight. Again, this was objected to due to a lack of foundation. We produced a signed letter from the lab technician at the Carlson Lab, certifying the validity of the lab results, and the integrity of the chain of custody. We were also able to examine Bill Douglas (the commissioner who ordered the release of the sample from Quest Labs) and the “expert” from Quest, both of whom supported our claim that the original sample was released and shipped to Carlson to be re-tested, and that the report we were trying to get in was indeed the result of that re-test. With this overwhelming mountain of proof on our side, Mr. Walker finally had to allow this test in as having proper foundation.

With adequate foundation laid for the final test result, Mrs. Chappell objected again, this time on the grounds that there was insufficient evidence of the chain of custody to allow in this final re-test. Of course, this being the most important steroid test, this objection resulted in the most heated argument thus far. We had done painstaking work to document the chain of custody for this test. Included in the packets handed out to each commissioner was the chain of custody release form issue by Quest Labs showing the sample was sent to Carlson Labs. Also in the packet was a signed letter from the lab tech at Carlson attesting to the chain of custody and the integrity of the test results. We also had Carlson photograph and document the entire testing process. These photographs were included in the packet as well. Initially Mr. Walker was going to find this test inadmissible as well due to insufficient chain of custody; however pressure from the commissioners resulted in the test being allowed in.

Finally, with a valid, documented test staring the commissioner’s plain in the face, they had to sit up and take notice. Especially interesting to them was the fact that it was a re-test of the original urine sample taken from Phil at his fight, and that it resulted in a finding of no steroids. Out of evidentiary objections Mrs. Chappelle turned to her “expert” from Quest Labs to shoot holes in the test. He argued that Quest Labs was a better lab than Carlson and that they did better tests. However a few of the commissioners saw through this argument, pointing out that the release of the urine sample had been approved by the CSAC because Carlson was certified by the DHHS, the same people who certified Quest Labs. Thus the argument that Carlson was an inferior lab was not very compelling. The “expert” from quest also stated that supplements do not cause false positives. However the commissioners pointed out that there was extensive literature to the contrary; including the CSAC’s own website which quotes an Olympic Committee study finding 15% of supplements may cause false positives. In response to this the “expert” grudgingly admitted that false positives are possible but unlikely.

After a final speech by the Quest “expert” regarding the technical intricacies of their testing methods and some explanation of “metabolites”, both sides gave closing arguments.

When it came time to vote the first motion by the commission was to impose the maximum sentence on Phil. This motion was seconded, and received two votes in favor, but was not voted for by any other commissioners. The next motion was to dismiss all charges against Phil in their entirety. This motion was seconded, and received two votes in favor, but was not voted for by any other commissioners. The final motion was to reduce Phil’s suspension to 6 months. This motion was seconded, and carried with three votes in favor, two votes against, and one abstention.

Round Three - Feelings about the decision

In the end we have mixed feelings about the result. With the deck stacked against us we managed to persuade enough of the commissioners that something unusual had happened with Phil’s test results at Quest Labs to allow for a 6 month reduction, a win in many people’s eyes, but not in ours. While this 6 month reduction allows Phil to fight again come December, his suspension for steroid use still stands. Like many other professional athletes convicted of using steroids, he will forever have an asterisk next to his name.

It is clear that regarding Phil’s initial test at Quest Labs a mistake was made, where it was made and who made it may never be known. However, one thing is apparent; Phil is the one who has paid for that mistake. He has paid financially by spending over $20,000 attempting to clear his name, and by missing numerous profitable fighting opportunities. He has also paid a heavy price emotionally and mentally, suffering a severe tailspin of depression following his suspension for steroid use. Phil, like many professional fighters has spent his entire life training and building a reputation for himself. An event like this serves to undue a life time of hard work and dedication.

I am still hopeful that we can get Phil’s name cleared. There are other avenues of defense we have yet to explore. Given how well documented the ridiculous nature of the proceedings was (not just our own, but also Sean Sherk’s) and the public outcry that is resulting from it, there is a good chance something can still be done to clear Phil’s name entirely. However, even if this does not occur it is our hope that our case will help to shine the spotlight on the glaring inadequacies of the steroid appeals system prompting positive change. However, I submit that it is only through public pressure that such change can take place. Legal scholar and well known abolitionist Wendel Phillips said it best, “Law is nothing unless close behind it stands a warm living public opinion”. Thus the onus is on us as voting Americans to speak up and make the changes that need to be made to protect others from this same brand of “justice.”

Written by,
Nathan Brodnax, Esq.

For an additional third party take on Phil's CSAC hearing go to the links below

http://www.mma-analyst.com/post/California-State-Athletic-Commission.aspx

http://www.thefightnetwork.com/news_detail.php?nid=5280

MMA goes Hollywood

MMA goes Hollywood

Wednesday Nov. 7th the World Cage fighting Organization put on an exciting mixed martial arts event at Circus Disco in Hollywood California. This event brought out many Hollywood celebrities such as Christopher Masterson (Francis from the TV show “Malcom in the middle”) and his brother Danny Masterson (Hyde from “That 70s Show”). Also in attendance was MMA legend Dan Severen, MMA fighter Jason Chambers (star of the History channel series “Human Weapon”), the New York Bad Ass Phil Baroni (who acted as announcer for the evening), former heavyweight champ Riddick Bowe, and Jason Mayhem Miller.

Originally, three MMA Agents fighters were slated to fight on the WCO card. UFC veterans Tiki and Carmelo Marrero were to fight on the under card and former UFC champ Mark Kerr was to be the co-main event. However, Tiki’s opponent backed out the day of the weigh-ins and despite a scramble to find a replacement, Tiki was unable to find an opponent in time to participate in the event.

This was Carmello Marrero’s first fight since leaving the UFC. His opponent Rafeal Real was a WEC veteran with a dangerous ground game. Early in the fight Carmello was in trouble after Rapheal scored an early take down and sunk in a deep guillotine as Carmello attempted to stand back up. However Carmello defended well and was eventually able to reverse Rapheal, gaining dominant position. Carmello then overwhelmed Rapheal by raining down numerous unanswered elbows on his opponent while in his guard. At the close of the first round, despite a slow start, Carmello was ahead on the judge’s score cards. However, due to an inadvertent eye poke, Rapheal was unable to continue fighting and the fight was stopped by the doctors after the close of the first round.

Mark “The Smashing Machine” Kerr began his mixed martial arts come back by defeating Steve Gavin in 1:39 of the first round. Gavin was a powerful wrestler fighting out of Minnesota where he trains with “Team Bison”. Mark dominated this fight from the outset, landing a stiff jab on Gavin, which allowed him to pummel in and cinch a tight body lock. Once Mark cinched the body lock he used his considerable strength and years of wrestling experience to pick Gavin up and slam him forcefully to the mat. From there Mark passed Gavin’s guard and landed a variety of punches and elbows. After coming close to sinking in a kimura, Mark used a variety of body punches and elbows to set up a key lock, which forced Gavin to tap out before the end of the first round.

Overall it was a good night for the MMA Agents team. Both fighters had dominant performances and demonstrated the benefits of UFC experience. Both Kerr and Marrero have been invited back to fight on the next WCO card to be held some time in December.

By Nathan Brodnax, J.D., B.A., A.A.