J O'Neil's suspension reduced [Archive]

ducks

12-22-2004, 02:46 PM

NEW YORK -- Jermaine O'Neal won a 10-game reduction Wednesday in his suspension for fighting with fans during the Nov. 19 Pacers-Pistons brawl, but an arbitrator also upheld NBA commissioner David Stern's bans on Ron Artest and two other Indiana players.

The league said it would go to federal court to challenge arbitrator Roger Kaplan's decision, which could make O'Neal eligible to return Saturday when the Pacers host the Detroit Pistons in the teams' first matchup since one of the most violent melees in NBA history.

"We have consistently maintained that the arbitrator has no legitimate role in this matter," NBA deputy commissioner Russ Granik said. "While we obviously agree with Mr. Kaplan's decision upholding virtually all of the suspensions, we don't agree with his conclusion that the conduct did not occur on the playing court, and we have no choice other than to challenge it in federal court."

A hearing was set for 10 a.m. Thursday in U.S. District Court.

In a 28-page decision, Kaplan upheld Artest's season-long suspension and the penalties given to Stephen Jackson (30 games) and Anthony Johnson (five games).

O'Neal's ban was reduced from 25 games to 15.

The union had asked for substantial reductions in the penalties during a six-hour arbitration hearing at a Manhattan law office. The NBA declined to participate, saying Kaplan had no jurisdiction to arbitrate penalties for on-court behavior -- an area in which the league contends the commissioner has sole discretion.

"We're extremely pleased that Jermaine will have the opportunity to play, although we respectfully disagree with the decision on the other three players," players' union director Billy Hunter said. "We are also pleased that the arbitrator has affirmed the right of players to appeal disciplinary measures."

Kaplan ruled that he had jurisdiction to hear the case, and that Stern had just cause to issue the suspensions he gave to Artest, Jackson and Johnson.

The reasoning for his reduction of O'Neal's suspension was not immediately clear.

"We're gratified that the arbitrator ruled in our favor," said Arn Tellem, O'Neal's agent. "Jermaine is anxious to put this matter behind him."

The NBA has already filed a lawsuit in U.S. District Court challenging Kaplan's authority to hear the grievance, a complaint that remains pending before U.S. District Judge George B. Daniels.

Each of the players testified before Kaplan during the hearing, and union attorneys submitted three lines of argument on the issue of jurisdiction.

The union cited a 1995 modification to the collective bargaining agreement allowing for appeals in cases where the financial penalty to the disciplined played exceeds $25,000. The union also argued the definitions of what constitutes "reasonable" punishment and "on-court behavior."

The arbitrator also reviewed videotape of the entire 12-minute brawl, in which Artest sprinted into the stands and confronted a fan he believed had thrown a drink at him. Jackson also went into the stands and exchanged punches with fans, while O'Neal and Johnson punched fans who came onto the court.

Five Pacers players and seven fans face criminal charges.

Indiana coach Rick Carlisle said he had no immediate comment on the ruling. Team spokesman David Benner said the Pacers would not comment until the league responded to the ruling.

Indiana has lost nine of 14 games since the brawl, using patchwork lineups in an effort to make up for the loss of three of the team's five leading scorers. O'Neal, a three-time All-Star and eight-year veteran, was to serve the 15th game of his suspension Wednesday night when the Pacers played Philadelphia.

"We need him. We've been going through a tough stretch here, short-handed every night, guys banged up, not knowing who is going to be in the lineup," Pacers guard Jamaal Tinsley said. "We've got a couple of games coming up that we need him."