Gilbert’s lawyer critical of Kizer

RENO -- A lawyer for Joey Gilbert, fighting allegations the suspended boxer took banned drugs, is accusing the head of the Nevada Athletic Commission of witness tampering and defaming the middleweight with false statements.

Reno lawyer Mark Schopper outlined a wide range of alleged abuse of power in a motion he filed with the state regulatory panel late Monday demanding executive director Keith Kizer recuse himself from the investigation and pending hearing on the case.

Kizer, a former deputy state attorney general, has "acted in a manner so far outside the bounds of acceptable professional behavior that there is no alternative," Schopper said in the motion.

He "has orchestrated a media trial of Mr. Gilbert quite literally from day one. ... (His) false, misleading, negligent and defamatory statements in the news media have irreparably damaged Mr. Gilbert's reputation."

Kizer said Tuesday he has no intention of removing himself from the proceedings.

"I have reviewed the motion, and I do not see any merit to it," Kizer said in an e-mail to The Associated Press. He said the Nevada Attorney General's Office was drafting an opposition to the motion. He had no further comment.

Gilbert, 31, gained celebrity on the reality series "The Contender" in 2005. A licensed lawyer who was a three-time national collegiate champion at UNR, he is 16-1 with 12 knockouts as a professional.

He was suspended after he tested positive for an anabolic steroid, methamphetamine, amphetamine and three other substances before and after his knockout victory over Charles Howe in Reno in September.

The commission later dismissed the methamphetamine charge, after receiving conflicting results for the substance.

Schopper maintains the tests for the other substances also were flawed, the result of "false positives" that were not adequately screened in part because of the commission's failure to establish formal protocols for drug testing.

Schopper, in the motion, said Kizer's repeated "false and misleading statements" about results of Gilbert's drug test results have effectively convicted him through the media before his hearing.

The allegation of witness tampering involves Kizer's ex-parte communication with Dr. Robert Voy, a former chief medical officer for the U.S. Olympic Committee and former medical review officer for the NFL Players Association who is serving as a witness for Gilbert's defense.

An exhibit attached to the motion includes an e-mail Kizer sent to Voy after Gilbert issued a news release critical of the commission's lack of protocols.