“Anybody at his age level on a brain scan would probably show some impairment. But that doesn’t mean you forget where your car keys are and you’re incompetent,” Blecher said. “There isn’t the slightest evidence he’s incapable of managing his affairs.”
Donald Sterling said in a statement that he’s not just fighting for the Clippers but taking a stand against the NBA, which he called “a band of hypocrites and bullies” and “despicable monsters” who want “to take away our privacy rights and freedom of speech.”
“As I’ve said previously, if Donald chooses to litigate against us, so be it,” Silver said. “So it’s going to take longer than we had hoped for this transaction to close, but it’ll get done ultimately. It’s just a question of time.”
Ballmer’s attorney, Adam Streisand, said he was pleased with the trial schedule and “confident that after the trial the court is going to bless this transaction.”
The NBA’s general counsel, Rick Buchanan, warned in a court papers that if the judge didn’t confirm Shelly Sterling’s sole trusteeship and if her deal with Ballmer “is not promptly consummated, there will be substantial harm” to the Clippers, the NBA and even The Sterling Family Trust - the last of which would be responsible for the NBA’s costs related to the legal proceedings that result.
Buchanan said a recent independent survey of more than 500 Clippers fans found the majority would be less likely to support the team if Donald Sterling remained its owner. Buchanan said thousands of NBA fans worldwide have contacted the league directly or via social media to say they’re hurt or embarrassed by his views and aren’t sure they’ll continue supporting the league and its teams. He also cited NBA player worries about the impact for the team with the upcoming NBA draft.
“Mr. Sterling’s continued ownership is damaging the Clippers‘ and NBA’s relationships with existing and potential business partners and licenses,” Buchanan wrote. He said nearly all of the Clippers‘ local sponsors have terminated or suspended their relationships with the team, including Adidas, Commerce Casino and Hotel, Red Bull, Mandalay Bay Hotel, Virgin America and Mercedes.
Shelly Sterling’s court bid aims to have a judge confirm her authority as sole trustee to ensure the Ballmer sale moves forward.
“I have no doubt at the end of the day the court is not going to say he’s incompetent,” Blecher said. “That’s a very high burden in the probate court — otherwise people would get their sisters and wife and brother-in-laws and everybody declared incompetent.”