by Pedro Fernandez

Three years ago the government tried to bring boxing promoter Don King down with a weak indictment on Fraud charges relating to a 1991 bout between Julio Cesar Chavez and Harold Brazier.

The main charges stated that King had falsified a contract, and in the process cheated insurance magnate Lloyd's of London out of somewhere in the neighborhood of $250 grand.

That first panel of jurors were deadlocked six-six as to whether or not the promoter had indeed broken the law. Given the "white collar" crime alleged, if it were any other defendant the "G" would of folded up their tent and went home.

But this is the most prolific Black businessman in the United States, and I'm of the opinion that Race played a role in their decision to retry the world's greatest promoter.

But it wasn't only the "R" word that was behind the G's obsession with King. Some of it can be attributed to his success in prior court battles and his arrogance. To be blunt, his "style" has pissed off a lot of powerful people in this country.

Had it been "anybody" else, the "G" would of went for a proposed settlement with Lloyd's. But no, they pressed on because there are those who could no longer stand that "Nigger saying 'Only in America' anymore."

The presiding judge in the case is one William McKenna. He stated in writing that the government's case was a weak one built on supposition when Janet Reno's Justice Department decided they would retry the Don after the first hung jury.

I can vaguely remember the figure the "G" stated that it cost to prosecute King the first time. One person said it was $6 million, while another was quoted as saying it was well over $10 million.

In a country where more people are starving than they will admit, the "G" instead spent that kind of money prosecuting a man who paid $35 million in income taxes last year. Now I'm not inferring that having money means you can skirt the law.

I'm just saying that after the first mistrial that if this wasn't some kind of vendetta, why would the "G" spend that kind of money again in retrying him when there could of been a settlement?

On Tuesday Federal Court Judge McKenna was given a note by one of the jurors stating that the panel was hopelessly deadlocked. And that there seemed to be one juror that would not change his mind, no matter what.

The United States legal system says that all 12 jurors must be in agreement to reach a verdict of guilty or not guilty. A hung jury means the "G" can drop the charges, or refile them.

The jurors had brought issues before the judge on two occasions before Tuesday's note indicating they were hung. Their first request was to ask if King had been the subject of prior investigations, or even an ongoing probe.

Judge McKenna ruled that that had no bearing on this case. Then the panel asked the court to the define the letter of the law when it came to "the intent to defraud."

Judge McKenna will meet with the attorneys in the case at 9 AM ET this morning. The Judge can do one or two things. He can declare another "mistrial" and send the jury home. Or he can order them to spend some more time deliberating.

I'm told that even if the Judge instructs the jury to continue deliberating, the case will be over by 5 PM ET.

Either way the jury hangs, it'll be interesting to see if the "G" decides to put King on trial a third time.

Pedro Fernandez

The writer can be reached at

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