• BREAKING NEWS ABC shows live and on-demand -- Download the WATCH ABC app!

Dodgers ownership hinges on 'drafting error'

September 21, 2010 12:00:00 AM PDT
The lawyer who drafted the postnuptial agreement for the McCourts admitted that he switched versions of the postnuptial agreement to make the Los Angeles Dodgers Frank McCourt's separate property.Larry Silverstein testified Tuesday in the couple's divorce trial saying that he changed the agreement in 2004 after it had already been signed.

Silverstein admitted that he did not tell Jamie McCourt that the new version he had manipulated gave Frank McCourt sole ownership of the baseball team.

The discrepancy comes down to one word, which is different from one set of documents to the other. One says the couple's separate property "excludes" the Dodgers, while the other says it "includes" the Dodgers.

Silverstein said he made the changes to the agreement in 2004 and that it was a "clerical error."

"He admitted, finally, that it was the difference between Jamie McCourt having the Dodgers and not having the Dodgers," said an attorney for Jamie McCourt, David Boies. "If that's a clerical error, that's one hell of a clerical error."

The dispute between the McCourts revolves around the postnuptial agreement. The document could decide who owns the Dodgers and the surrounding land worth hundreds of millions of dollars.

"What he did was to remove an exhibit -- a critical exhibit, we now know -- from a document that was signed, notarized and stapled," said Dennis Wasser, another Jamie McCourt's attorney."It was then unstapled, taken apart and a new document was inserted. That's wrong."

Both of the McCourts apparently signed copies of both versions of the prenuptial agreement, but Jamie McCourt testified on Monday that she merely skimmed over the document and did not bother to read it carefully.

"We've argued to the court that there's only one fair and honorable thing to do, which is to throw both agreements out and have the McCourts come in and be treated like any other couple in the state of California, which is under California community property law, " said a Jamie McCourt's attorney, Michael Kump.

The couple, who married in November 1979 and have four grown sons, separated on July 6, 2009.

Frank McCourt, 57, fired his 56-year-old wife as the Dodgers' chief executive officer a day after the team lost a playoff series to the Philadelphia Phillies. She filed for divorce five days after her firing.

The Associated Press contributed to this report.

Do you want the Eyewitness News team to call you? Get a FREE Morning Wake-up Call and personalized weather report at abc7.com/wakeup


Load Comments