Author: Luke Thomas

Despite a stinging rebuke at the hands of the Nevada State Athletic Commission (NSAC) on Monday, Nick Diaz and his legal team have not given up the fight to secure the fighter a license.

Diaz’s lawyer Ross Goodman believes the commission acted in disregard for established and unequivocal Nevada statutory code at Monday’s hearing. After being contacted by MMA Fighting, Goodman says Diaz and his legal advisors are strongly considering petitioning a district court to review the NSAC’s decision.

Should they choose to move forward, “we would file a petition for judicial review in front of a district court judge,” Goodman told MMA Fighting. “It would entitle a judge to basically look at the hearing anew.”

Judicial review is a process by which if one requires an occupational license from the state and are denied such authorization by the relevant state agency, the petitioner can ask relevant courts to weigh assess the merits of the petitioner’s claims. This method can be used in cases where the petitioner believes the state agency broke the law, acted unfairly or made a decision not based on facts.

In addition to the review, Goodman contends they could also motion the judge for a stay the suspension while he or she deliberates the larger merits of the petition.

Diaz tested positive for marijuana metabolites following his loss to Carlos Condit at UFC 143 in February of 2012. For the infraction, the NSAC suspended Diaz at a hearing Monday in Las Vegas for one year effective from the date of his last fight and fined him 30 percent of his purse, or approximately $60,000. Diaz must also pass a drug test when reapplying to earn a license.

While Goodman objected to several questions asked and conclusions reached by the NSAC, Diaz’s legal case primarily rests on whether marijuana metabolites are banned substances in the state of Nevada.

Goodman argued both Monday and in documents related to Diaz’s previous lawsuit against the NSAC that marijuana metabolites are not a prohibited substance in the state.

Marijuana is prohibited for fighters licensed in Nevada by virtue of NAC 467.850(2)(f), which incorporates all prohibited substances on the current Prohibited List published by the World Anti-Doping Agency (WADA). However, Goodman argues marijuana is only prohibited “in competition”. Goodman maintains WADA permits use of marijuana and other cannabinoids outside of competition and per the construction of Nevada’s stated regulations, in that state as well.

Goodman suggested Monday marijuana metabolites are not grounds to find Diaz guilty of violating the law. Given the outcome of the hearing, however, it appeared unpersuasive to the commission.

“It was clear by their questioning that their decision was already made up,” Goodman said. “In my closing argument I basically reminded ‘Skip’ Avansino, who is the chairman [of the NSAC], that in the TUE hearing that occurred before us [with UFC middleweight Chael Sonnen] he said ‘the presence of a prohibited substance would constitute a violation’. Those were his words. The chairman of the commission.”

“All you have to do is look at the ruling and tell me where it says that Nick tested for the presence of marijuana. Because he didn’t. And if you’re saying ‘the presence of a prohibited substance would constitute a violation’ then you have to show me where in the rules marijuana metabolite is a prohibited substance.”

“They never answered that,” Goodman continued. “They never responded to that. They just made up a rule. They read the rule in there. It was like on an ad hoc basis.”

“[Avansino] agreed with what our whole position is: that evidence of prior use of a prohibited substance is not presence of a prohibited substance. Everyone acknowledges that marijuana metabolites means that at some point before that you used marijuana, but evidence of prior use is not a violation. You have to show presence of prohibited substance according to Nevada rules to constitute a violation. That was never addressed. That was never responded to. That was never clarified.”

“Effectively what they did,” Goodman concluded, “was punish him for legally consuming marijuana more than a week before the fight and then having an inactive component sequestered in his fat tissue after the fight.”

Goodman also expressed surprise at what he perceived as the lack of basic literacy among the commissioners on Nevada’s own regulations as it related to banned substances. Early in the hearing, commissioner Pat Lundvall appeared confused regarding what Nevada’s laws and those of WADA did and did not say.

“It was clear that the commissioners didn’t really prepare for the hearing,” Goodman maintained. “It was really alarming, the fact that something so basic, so clear, which is that marijuana in general is allowed out of competition but not in competition. To kick off the hearing suggesting there is no distinction indicated what was to come after that.”

Goodman argues Nevada borrowing WADA’s Prohibited List of banned substances to help the commission regulate drugs of abuse is a key first step to regulating banned substances. If they really wish to regulate metabolites, however, then Goodman recommends they also adopt WADA’s Code.

“If they felt so strongly about the issue, then they should have amended the rule or modified the rule in the future to incorporate and adopt WADA’s code which does constitute a violation if you have any metabolite in your system. Because the rule says any prohibited substance, it’s markers or metabolites present in your sample. That’s what WADA’s Code says, which is something Nevada has not adopted. There’s no counterpart rule in Nevada. There’s nothing in the rule that says metabolites are a prohibited substance.”

Goodman was also dismayed at what he felt was a line of irrelevant questioning among the commissioners that attempted to portray Diaz’s use of marijuana as recreational or performance enhancing. On the latter charge, Goodman notes the separation of competition testing as a refutation of the commission’s argument.

“You heard him testify. That’s what happens when you have ADHD: you can’t focus. They tried to construe that as ‘oh, that must be performance enhancing’. That is absurd. There was nothing more ridiculous than that statement.”

“Instead of performance enhancing, it’s more life enhancing for Nick. It helps him out. It helps him deal with attention deficit disorder. Of course, WADA has already determined that which Nevada adopts: that marijuana is not performance enhancing because it separates it between in and out of competition. Well, they don’t do that for other performance enhancing drugs in WADA.”

As for Diaz’s attitude after repudiation, Goodman contends Diaz is still ready continue his MMA career. “Nick was disappointed obviously, but he’s in good spirits. He’s in good spirits in general. He knows the truth of it. He knows he didn’t lie to the commission. He knows he didn’t mislead the commission and he understands he did everything he was told to do legally. He got a physician’s statement, he was qualified to use it, he understands the rules do not require metabolites as a violation.”

And is the former Strikeforce welterweight champion still un-retired as he stated when previously filing a lawsuit?

“Nick’s sworn in his affidavit he’s not retired. He’s only 28 years old, he’s at the top of his game. I don’t want to speak for Nick, but I think he’s looking forward to getting back in the cage as soon as he can.”

UFC bantamweight and Washington, D.C. native Mike Easton will face Ivan Menjivar at UFC 148, the UFC announced Saturday via Twitter. Easton steps in for Renan Barao, who was pulled from the fight with Menjivar to face Urijah Faber for the interim bantamweight title at the same event.

Faber was originally scheduled to face champion Dominick Cruz at UFC 148, but Cruz was forced to withdraw after tearing his ACL. UFC President Dana White confirmed widespread speculation Saturday evening during TUF: Live that Faber’s new opponent was, in fact, Barao.

Easton, 28, was originally slated to face Yves Jabouin at UFC on FUEL 3, but was forced to withdraw due to injury. He most recently competed at UFC on FX 1 where he defeated Jared Papazian by majority decision.

Menjivar, 29, last competed at UFC on FUEL TV 1 where he stopped John Albert with strikes in the first round.

UFC 148 takes place on July 7, 2012 at the MGM Grand Garden Arena in Las Vegas, Nevada.

Is there really much at stake in Strikeforce fight cards in 2012? There’s certainly something up for grabs. The fighters are prominent enough as is the stage. More often than not, though, the relevancy of the action in today’s Strikeforce exists closer to the margins of the fight game, not the center.

There are carved out spaces Strikeforce has held onto that still matter to the larger mixed martial arts world. Mercifully, many of them that escaped UFC gerrymandering are on display tonight. There is a very important heavyweight bout, a top-tier lightweight defending his title and a few others notable figures plying their trade. All of that is worth underscoring and appreciating.

Yet, Strikeforce: Barnett vs. Cormier can’t help but be compared to the state of Strikeforce at the beginning of the heavyweight grand prix. Tonight’s event and the tournament opener from February of 2011 serve as book ends in the study of Strikeforce’s diminished state. This evening and the beginning of the grand prix are supposed to be married in the minds of fight fans as a reminder of the stature and significance of both the moment and what brought us to our present position. I cannot speak for the MMA fan base, but the opening of this heavyweight tournament feels much more like a disconnected footnote in prize fighting history.

There’s plenty on the line this evening, particularly in the main and co-main events. We should not lose sight of that. Relative to what could’ve been or what sixteen months ago Strikeforce was placing at stake and on display, though, it’s hard to not notice the difference.

Let’s examine the stakes each of today’s main card fighter faces in their bouts.

Josh Barnett vs. Daniel Cormier

At stake: a secured future as an elite heavyweight. I suspect (and certainly hope) regardless of outcome both Barnett and Cormier will end up in the UFC heavyweight division. Both are too talented to be anywhere else and their injection into the division creates a host of interesting and very legitimate match-ups. Cormier has stated the winner of this bout deserves to move into the top five in terms of rankings and it’s basically impossible to argue otherwise. They need the UFC more than the UFC needs them, but there’s mutual gain to be had all the way around.

Truth is, however, no future in MMA is ever secured. The only insurance a fighter has is popularity and wins, neither of which are easy to manufacture or maintain. That said, winning tonight could serve as a crucial springboard for the next chapter in their careers. Barnett is 34 years old. Cormier is 33. Both are still very capable, elite heavyweights, but they are also in a position where they need to maximize the time they have left in the sport. Winning the Strikeforce Heavyweight Grand Prix and transitioning to the UFC’s deeper waters presents a huge opportunity for attention, money and big fights. Accomplishing something like that is always important, but as a prize fighter in one’s early thirties that task becomes as important as it ever will be.

Gilbert Melendez vs. Josh Thomson

At stake: everything and nothing. There’s a title on the line in this fight. That makes this fight important by default, at least at this level of the game. Thomson is, in this sense, a very dangerous opponent. Moreover, because Melendez has everything to lose – and does so in a fight against an opponent he is expected to handily defeat – there is a real threat to the Strikeforce champion. Facing opposition you pretty clearly outclass can be a temptation to coast or under prepare. That risk is compounded when there’s a physical title on the line.

Yet, there’s nothing to gain from this fight for Melendez (although there’s plenty for Thomson). If he wins, he earns a check and little more. It does nothing to advance his position in the rankings or earn him a fight against a more worthy adversary. Melendez risks a lot here, but he can only move backwards. There’s no true upside to the bout.

All one can hope for Melendez is that he doesn’t inventory his circumstances to the point where he no longer cares about the stakes. Then he really will lose everything.

Mike Kyle vs. Rafael Cavalcante

At stake: revenge. Kyle’s win over Feijao is arguably his best and most unexpected. With the backing of UFC middleweight Anderson Silva and standout performances in the IFL and EliteXC, Feijao was expected to immediately make waves in the Strikeforce light heavyweight division. Yet, in his first fight – a bout with Kyle – he was stopped by strikes in the second round. This is an opportunity for Feijao to prove his freshman Strikeforce fight’s outcome was a fluke and all of the promise that surrounded his career is still worth holding onto for fans and media alike.

This may be a bit of a strained metaphor, but Kyle might be looking for ‘revenge’, too. Since his win over Feijao, Kyle hasn’t lost at light heavyweight. He’s suffered a couple of setbacks at heavyweight, but that isn’t his natural weight class. Yet, Kyle vs. Feijao tonight won’t be named a title eliminator for the light heavyweight strap by Strikeforce brass, something that visibly angered the AKA product at yesterday’s presser. For Kyle, beating Feijao twice could serve as a repudiation to the suggestion he doesn’t belong in title contention talk and that their first meeting was no accident.

Nah-Shon Burrell vs. Chris Spang

At stake: visibility. While I’m not certain this event will draw huge ratings, it’s still nevertheless good exposure for two young, athletic and striking-inclined talents. There is reason to believe both Burrell and Spang have upside, so watching their progress tonight and in the future is a worthy exercise. As for tonight, Strikeforce’s rosters are thin and a standout performance can presumably do quite a lot for young fighters. Besides, they are on the main card for a reason. Strikeforce believes both in their talent and ability to deliver action. That’s opportunity knocking.

Team Cruz’s Vinc Pichel and Team Faber’s Al Iaquinta have reached the semifinals for this season of TUF: Live.

In the two quarterfinal bouts tonight, Vinc Pichel managed to overcome a game but counterfighting Chris Saunders from Team Faber. Pichel opened hard with an inside leg kick and took center of the Octagon. Pichel drove forward with punches and attempted a single, but couldn’t get it. Yet, this would be prove to be his approach over the course of the fight – one that paid dividends later. Pichel again threw strikes and switched to a double and secured it, but not before Saunders hit an outside switch and reversed it as the round ended.

In the second frame, Pichael started to take over and this time scored a solid double. With less than a minute left, Saunders took Pichel’s back in another scramble, but with only one hook and loses it. Pichel fired and landed at close range at the end of the second round. It was enough to take the fight, earning a majority decision on the judges score cards 20-18, 20-18, 19-19.

In the other quarterfinal bout of the evening, Team Faber’s Al Iaquinta easily dispatched fellow teammate Andy Ogle. Iaquinta took center of the cage right from the start. Ogle’s right eye appeared to be bothering him immensely, either from an eye poke or contact, but managed to fought on. Late into the first frame, however, the Brit was dropped and immediately appeared to be in bad shape. He fought through and even attempted to rebound to his feet, but ate an elbow in the process, which sent him crashing to the mat. Referee Steve Mazzagatti stopped the action at 4:44 of round one.

Pichel will now face Al Iaquinta in semifinal action. In the other semifinal bout, James Vick will face Mike Chiesa.

“We’ve spared the whole time here,” Iaquinta said of facing his teammate Ogle. As for moving on to Iaquinta in the semifinals: “I’m ready to go, let’s do it.”

Top bantamweight contender Renan Barao will face Urijah Faber in place of UFC bantamweight champion Dominick Cruz at UFC 148. The announcement was made by UFC President Dana White on Friday’s episode of The Ultimate Fighter (TUF): Live on FX.

Cruz tore his ACL in training during filming of this season of The Ultimate Fighter, forcing him to withdraw from his rubber match with rival and fellow coach Faber. There is currently no clear timeline on Cruz’s return to professional mixed martial arts competition.

Barao was originally scheduled to face Ivan Menjivar at UFC 148. There is no word yet on who Menjivar will face in Barao’s absence. Faber and Barao will fight for the UFC interim bantamweight title.

Barao, 25, most recently defeated bantamweight stalwart Scott Jorgensen by unanimous decision. That performance was preceded by a higlhight reel effort against Brad Pickett at UFC 138.

Faber, 33, most recently faced and defeated Brian Bowles at UFC 139. The Sacramento native defeated Bowles by guillotine choke at UFC 139.

Bellator’s sixth season is nearing its completion, but there are still a couple of events to go. Tonight offers us a conclusion to the middleweight tournament, a continuation of the welterweight tournament, a bout between who are arguably the world’s number one and two female strawweights and a season seven heavyweight tournament qualifying match. Oh, and if you’re into prospects, keep an eye out for Andrey Koreshkov. He’s arguably the top welterweight prospect outside of Zuffa.

What: Bellator 69

When: Friday, the MTV2-televised card begins at 8 p.m. Eastern on Friday. However, Spike.com will carry the entire fight card beginning at 7 p.m. Eastern.

Where: L’Auberge du Lac Casino Resort, Lake Charles, Louisiana

Predictions below for the middleweight tournament final, a welterweight tournament semi-final, a heavyweight tournament qualifier and one additional main card bout.

David Rickels vs. Karl Amoussou

Both guys enter this bout riding a fair amount of momentum, but I’m going to lean towards Amoussou. Either guy is offensive to the point where they don’t exercise enough risk management, but Amoussou is naturally bigger and more importantly, has faced and defeated better competition. Amoussou has shown an ability swim in deeper waters and do well enough. I don’t discount the ability of Rickels to rise to the occasion. The kid has some decent striking skills and a moderately well-rounded game plus an unflappable belief in himself. I’m just not sure that’s enough to get by ‘Psycho’.

Pick: Amoussou

Jessica Aguilar vs. Megumi Fujii

Part of me wants to skip the chalk here and go for Aguilar. I actually do think this will be a competitive strawweight bout, but I have a bit of a hard time seeing how Aguilar gets over in this one. If Fujii does what she did against Zoila Gurgel, ok, then Aguilar has a chance. But Aguilar’s best skill set is also Fujii’s, which was not the case with Gurgel. At 38, Fujii has got to be nearing the end of her career. She’s certainly not in her prime anymore. But she’s enough of an old war horse to get through this one.

Pick: Fujii

Kevin Asplund vs. Ron Sparks

Neither of these heavyweights are world beaters. Asplund has been fighting against less than quality opposition in the regional circuit and Sparks is probably fighting one step above that. I’ll give Sparks the nod here for two reasons. One, despite whatever else he lacks, he packs a monster of a punch. Two, it’s impossible to gauge Asplund’s abilities against the riff raff he’s stepped in the cage against. The only x-factor is Asplund’s a very small heavyweight and could have a speed advantage.

Pick: Sparks

Andreas Spang vs. Maiquel Falcao

I tend to think Falcao won’t fall prey to Spang’s unheralded grappling and will capitalize on Spang’s lazy jab. Counterstriking from Brian Rogers nearly cost Spang in his last fight. Falcao is as technically adept as Rogers and certainly a great deal quicker. He’s also got the power punching to make anyone in that weight class pay. I hate to go all chalk for these picks and I’m sure I’ll pay for it somewhere, but there’s a reason tonight’s favorites are where they are.

Pick: Falcao