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Hirsch sentenced; fatal chlorine leak; tourist plunges off cliff

  • Aug 17, 2015
  • Aug 17, 2015 Updated Sep 7, 2015

Odd and unusual news from the West.

Mayweather-Pacquiao fight a fraud, suit says

LAS VEGAS— Plaintiffs who say the May 2 Las Vegas fight between Manny Pacquiao and Floyd Mayweather Jr. was a fraud and they deserve their pay-per-view money back will argue their cases in front of a federal judge in California.

Judge R. Gary Klausner, the same judge hearing arguments in cases filed against the Sony movie studio related to a computer hacker attack last year, will decide if the Pacquiao cases are granted class-action status before any trial proceeds.

A panel of judges that decides whether to consolidate similar claims brought in different jurisdictions into a single courtroom ruled Friday that lawsuits filed in several states will be heard in the Central District of California where Pacquiao was said to injure his shoulder while training for the fight.

The U.S. Judicial Panel on Multidistrict Litigation said in its decision that determining the severity and timing of the boxer's rotator-cuff injury could require "significant factual, and possibly expert, discovery."

The panel said questions about the facts of the case, including for example who knew about the injury, are sufficiently complex to warrant consolidating the large number of related cases.

At least 32 lawsuits had been filed as of mid-May in California, Nevada, Florida, Illinois, Maryland, New Jersey, New York and Texas. Several more appear to have been filed since.

Pacquiao and his promoter Top Rank Inc. are named in all of the lawsuits, and most include Mayweather, his promoters and cable companies HBO and Showtime.

In court filings, attorneys representing Pacquiao and Top Rank have said the claims are without merit.

An attorney for the defendants declined to comment Monday. So did representatives for HBO and Showtime. Attempts to reach Mayweather's promoter by phone and email were unsuccessful.

The lawsuits argue the injury wasn't revealed until after the fight, too late for 4.4 million viewers who had already paid up to $100 each to watch it. HBO and Showtime have said they earned more than $400 million from the fight.

Each of the fighters earned more than $100 million.

BLM readies wild horse roundup

GRAND JUNCTION, Colo. — The Bureau of Land Management is planning to gather more than 160 wild horses in northwest Colorado next month, a move that could be put on hold by an organization looking to pursue legal action.

Paula King of the Cloud Foundation said the organization will make a decision soon on whether to seek legal action against BLM in an effort to prevent the roundup in West Douglas, The Daily Sentinel reported.

BLM spokesman Steven Hall said the proposed gather is "both lawful and in keeping with good management of natural resources and with good management of wild horses."

But the foundation claims that removing the horses from the West Douglas area has more to do with eliminating competition for grazing by cattle than protecting resources.

"BLM's historic scapegoating of wild horses is a smoke screen," said Ginger Kathrens, executive director of the foundation. "Western rangeland damage is caused by millions of head of privately owned livestock, not our publicly owned and theoretically protected wild horses."

The foundation is also seeking to protect the history of the horses in the West Douglas area. They claim that they are descendants of horses brought to the New World by Spanish explorers. Hall said while some of the horses may have come from the Spaniards' steeds, the "overwhelming bloodlines are of the 19th and 20th centuries."

The foundation was successful in preventing a gather from the West Douglas area after filing a lawsuit in 2009. The BLM has since conducted a gather in 2011, removing horses from the nearby Piceance East Douglas Herd Management Area, and in 2012 when horses from the West Douglas area were taken due to a lack of water.

Next month, the agency is planning to remove 167 horses from West Douglas and from the Piceance East Douglas Herd Management Area.

Actor Emile Hirsch sentenced in assault

SALT LAKE CITY  — Actor Emile Hirsch began serving 15 days in a Utah jail Monday after pleading guilty to misdemeanor assault for putting a female studio executive in a chokehold and body-slamming her at a nightclub during the Sundance Film Festival

The "Into the Wild" star told a judge he was sorry and was learning to take responsibility for his actions, saying he has no excuse for what happened Jan. 25 at Tao Nightclub in Park City. But the victim said Hirsch's punishment should have been tougher.

Hirsch was intoxicated and taking medications when he dragged the woman across a table, according to police and prosecutors.

"I know it was completely wrong and reckless and irresponsible," said Hirsch, 30, who wore jeans, a sport coat and tie to court. "I have no excuses for not remembering. I put those chemicals inside me."

Hirsch's deal with prosecutors also calls for a $4,750 fine and 50 hours of community service. In exchange, a more serious felony assault charge was dropped and the misdemeanor will be dismissed if he completes his sentence.

Daniele Bernfeld, an executive for the Paramount Pictures subsidiary Insurge Pictures, said in a statement read in court that the violent and unprovoked attack has caused long-lasting effects beyond physical injuries.

"It took two people to pull him off me, and if not for their intervention, the attack would have continued," she said. "I thought I was going to die."

She said authorities treated her with respect and dignity, but she's disappointed that prosecutors agreed to a deal that meets the bare minimum.

"If a violent attack in front of a roomful of witnesses can be labeled a misdemeanor and dismissed, what of women who are assaulted while alone in hallways or bathrooms, or behind the closed doors of their own homes?" Bernfeld said in a statement sent by Los Angeles attorney Don Etra.

Defending the deal, Summit County Attorney Robert Hilder noted that Hirsch has accepted responsibility, shown remorse and went to rehab in Utah immediately after the incident. The prosecutor said he will ensure Hirsch, of Encino, California, serves the full 15 days in jail and that his community service is meaningful.

Hilder said of Bernfeld's complaints: "That was a terrifying experience. I don't think we could have given enough jail to satisfy her."

Hilder, a former state judge, said he thinks the jail time will affect Hirsch.

"I don't how many of you good gentleman have spent 15 days in jail, but 15 minutes is too much for me. I think he will learn from that," the prosecutor said.

What motivated Hirsch to attack Bernfeld that night remains unclear. The actor said in court that he still doesn't remember what happened but took responsibility for drinking an enormous amount of alcohol and putting himself in that position. He also was taking medications, Hilder said, but didn't reveal what kind.

State Judge Kara Pettit agreed that there were no excuses for the attack but credited Hirsch for going to rehab, staying sober and offering what she considered a sincere apology. She noted he had no previous history of violent or criminal behavior.

She said he would serve one year in jail if he doesn't complete all the stipulations of the deal.

The prosecutor acknowledged that he's troubled he does not know what motivated Hirsch in the "shocking" attack.

Hirsch was at Sundance for the premiere of the drama "Ten Thousand Saints." He is best known for his starring role in "Into the Wild" and has also appeared in "The Girl Next Door," ''Milk," and Universal's Navy SEAL drama "Lone Survivor," Peter Berg's account of a disastrous 2005 military operation in Afghanistan.

As part of the deal, Hirsch was ordered not to drink alcohol or use drugs. He told the judge he will continue going to Alcoholics Anonymous meetings.

Hirsch, who has a young son, said he's grown up after going to rehab, learning the importance of "not just saying I'm sorry, but letting my actions line up with my words."

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