Wilder claims non-produced email key to case
February 4, 2017
Meldonium is the key issue when attorneys for boxer Deontay Wilder and his promoter Lou DiBella square off against Alexander Povetkin and his promoter World of Boxing. In the latest filings, Wilder’s attorneys claim that Povetkin’s side withheld a damaging email it sent to VADA regarding Povetkin’s testing.
Now, Wilder’s attorneys are seeking to introduce the evidence to reveal that in production of documents an email was withheld.
The crux of the issue that will go to trial next week is whether Alexander Povetkin took Meldonium after the official WADA ban on the substance January 1, 2016. Wilder’s attorneys claim Povetkin took the banned substance after January 1 thus the reason the heavyweight pulled out of an anticipated fight in Russian in May 2016. Povetkin’s claim is that he took the drug prior to January 1, 2016 as prescribed by his physician and prior to the ban. They plan to introduce evidence and testimony that Meldonium can take time to leave the system.
One of the big issues will be a series of VADA drug tests on Povetkin. Tests in April 2016 reveal Povetkin had negative tests from April 7, 8 and 11 but a latter test on April 27 detected Meldonium.
Wilder’s attorney provided the court with a supplemental expert report which analyzed raw data from the tests. Povetkin’s attorneys are fighting to include a rebuttal expert report which suggests that the raw data analyzed shows that Povetkin may have had Meldonium in his system during the April 7, 8 and 11 tests.
The anticipated working theory is that Wilder will argue that the negative tests in early April plus the April 27 test show that Povetkin took the drug post April 11, 2016.
Povetkin rebuts this theory with the argument that the negative tests actually show the possibility that the fighter had Meldonium in his system at the time.
Perhaps damaging the Povetkin side is the withheld email which is purportedly from a representative of the World of Boxing, Dmitry Ivanov, to VADA’s Margaret Goodman which reads:
I would like to discuss with you about tests. In Spain it were t[h]ree times tests. It is too much. ***Recently I wrote about our best time table for.
Cause you know it will be very important fight in our career and we need have the best preparation and limit tests in order not to negative result.
We are really can’t have a tests every other days.
Hope you understand me in this issue. * * * Help to us make preparation in the good regime. * * *
p.s. I am sorry about my English. Hope you understand me right.
Wilder’s attorney claim that this email shows that World of Boxing is trying to conceal something by requesting that Povetkin’s drug tests are limited.
Povetkin’s attorneys have yet to respond.
If there is such thing as a hot document, Wilder believes that this is one that fits its theory of the case “like a glove” as it wrote to the court on Thursday of last week. It’s likely we’ll see the introduction of more dueling expert reports and rebuttals. How much will the court allow before the trial starts will be up to the court.