Federal judge backs arbitrator, opening way for O’Neal’s return
NEW YORK – Indiana’s Jermaine O’Neal can play against Detroit on Saturday after a federal judge upheld an arbitrator’s decision to reduce the forward’s suspension for fighting with fans during the Nov. 19 Pacers-Pistons brawl.
Judge George B. Daniels ruled from the bench Thursday after listening to arguments by lawyers for the NBA and the players’ union and watching a brief videotape of O’Neal punching a fan during the brawl.
The union asked Daniels to temporarily uphold an arbitrator’s decision Wednesday to knock 10 games off a 25-game suspension imposed on O’Neal by NBA commissioner David Stern. Ron Artest’s season-long suspension and the suspensions of two other Indiana players were upheld.
Daniels said he ruled in O’Neal’s favor before deciding the merits of the case because to make the player serve a punishment that may not be upheld could have “irreversible consequences for the player, the team, the player’s future and the league itself.”
“We’re delighted,” union attorney Jeffrey Kessler said. He called the ruling “a great Christmas present for Jermaine O’Neal and all Pacers fans. It’s the fair and right thing to do.”
O’Neal, a three-time All-Star and eight-year veteran, is eligible to return Saturday when the Pacers host the Pistons in the teams’ first matchup since one of the most violent melees in NBA history. Even before the suspension reduction was upheld, Indiana coach Rick Carlisle said O’Neal would start against Detroit.
“I think it will be great for Jermaine to be back on the floor,” Carlisle said. “That will be important to him and certainly to our fans. When you’re without your best player for a long time, it’s tough.”
Pacers executive Donnie Walsh stopped short of calling the ruling a victory for the team.
“I just know it’s the best news we’ve had in about a month, since the incident occurred. It’s the only good news we’ve had,” Walsh said. “We still support our players. We still feel bad about Stephen and Ronnie being in the position they’re in.”
Jeffrey Mishkin, a lawyer for the league, suggested that upholding the arbitrator’s ruling would threaten Stern’s authority to control conduct during a game and, ultimately, the league’s image.
“The purpose is to give the commissioner authority over the game,” Mishkin said during arguments.
“While we disagree with the court’s decision and expect that ultimately Judge Daniels will find that the arbitrator had no authority in this matter, we will, of course, abide by the ruling of the court,” NBA deputy commissioner Russ Granik said in a statement. “Since Jermaine O’Neal has already served 15 games of his suspension, he will be eligible to participate in the Pacers’ games, at least until the next court hearing date.”
The league did not participate in the arbitration, contending the collective bargaining agreement between the league and the union leaves punishment for on-the-court behavior solely in Stern’s hands.
“I’m extremely happy,” O’Neal said in a statement. “It’s been a tough process. Now I can play the game I love so much.”Indiana has lost 10 of 15 games since the brawl, using patchwork lineups.