Sterling trial begins; Donald not present

ByRobert Holguin and ABC7.com staff KABC logo
Tuesday, July 8, 2014
Sterling trial underway; Donald not present
After a morning delay, the trial that could make or break the sale of the Clippers got underway Monday afternoon.

LOS ANGELES (KABC) -- After a morning delay, the trial that could make or break the sale of the Los Angeles Clippers got underway on Monday. But, Donald Sterling was nowhere to be found.

The legal battle between Donald Sterling and his estranged wife, Shelly, was caught in a "procedural limbo" during the morning session, after his attorneys filed a motion to shift the case to federal court.

But a federal judge ruled the case did not belong in federal court and sent it back to probate court.

When the trial finally started late in the afternoon, attorneys wanted to hear first from Donald Sterling, who was not there.

"We're very anxious to get Mr. Sterling here to face the music," said Bert Fields, attorney for Shelly Sterling. "I mean, he's the guy that keeps delaying, keeps doing anything he can to keep his family from getting the $2 billion they're entitled to. Why? Just because of his ego."

So, they moved on to a neurologist who says Donald has Alzheimer's disease, and has possibly had it for three to five years.

Shelly Sterling did not return for the afternoon session.

At issue is whether or not Shelly Sterling acted appropriately when she took control of the family trust that controls the Clippers. Her attorneys want the court to sign off on the steps she took to have Donald Sterling removed from the trust. That includes medical examinations from two different doctors who say Donald suffers from dementia and Alzheimer's.

Donald's attorneys say he was tricked into the exams and say he is perfectly capable. They also say he revoked the trust. They tried to argue that Donald's medical records should not have been made public, which is why they wanted the case heard in federal court.

"We still stand firm on that issue," said Bobby Samini, attorney for Donald Sterling. "We think it's a tragedy to have our client's medical records, essentially, be put out for public display. And that's something we're going to focus on when we get our turn."

Shelly's team says Donald is just trying to delay and derail the sale of the team, which Shelly negotiated for $2 billion to ex-Microsoft CEO Steve Ballmer.

"He is desperate to avoid this trial, which is now underway, and we're confident in what the result is going to be, and there is going to be a sale of the Clippers to my client," said Adam Streisand, attorney for Steve Ballmer.

Donald's attorneys plan to cross-examine the same neurologist who took the stand Monday.

Donald Sterling is expected to testify Tuesday in the afternoon session, which is set to begin at 1:30 p.m.