Proceedings could get messy at Nick Diaz’s disciplinary hearing with the Nevada Athletic Commission (NAC) on Monday.
Diaz’s attorney Lucas Middlebrook told MMA Fighting that he could make a motion for Nevada deputy attorney general Christopher Eccles to be removed from the case, because he might be considered both a witness and counsel.
According to documents obtained by MMA Fighting (h/t MMAjunkie), Eccles claims that Diaz’s manager Lloyd Pierson asked him about Diaz potentially filing an application for a therapeutic usage exemption (TUE) for marijuana in the days leading up to Diaz’s main event fight with Anderson Silva at UFC 183. Pierson denies the claim.
“Now that is a contested issue to which Chris Eccles is a witness,” Middlebrook said. “In all jurisdictions, for the conduct of lawyers’ professional responsibility, you can’t act as an advocate and as a witness in the same proceeding. I may take issue with that at commencement of the hearing.”
Diaz failed a fight night drug test on Jan. 31 for marijuana metabolites and is facing a suspension and fine. The levels in his system amounted to 300 ng/ml, double the 150 allowable limit of the NAC. Diaz’s team will present Monday that Diaz also passed two drug tests on fight night. Silva beat Diaz by unanimous decision at MGM Grand Garden Arena in Las Vegas.
This is Diaz’s third time testing positive for marijuana in Nevada. Because he is a repeat offender, Diaz needed to submit a negative drug test result to the NAC before the fight. Diaz was unable to do so until Jan. 28 — three days prior to the bout.
It is presumed by the NAC that Diaz failed multiple drug tests before submitting the one that passed. The NAC has subpoenaed those test results, because Diaz wrote on the pre-fight questionnaire that he had not taken any drugs or medication within the last 30 days. Eccles wrote that Pierson told him that Diaz “had problems obtaining a negative test result” and requested information regarding a TUE. The NAC is asking for Diaz test results from Jan. 13 to Jan. 28.
Diaz’s team has filed a motion to quash the subpoena. Middlebrook said the results of those tests are irrelevant, because the failing threshold was 50 ng/ml compared to the NAC’s 150 ng/ml limit.
“They’re not gonna tell us anything,” Middlebrook said. “You can’t compare them to WADA (World Anti-Doping Agency) cutoff levels.”
Middlebrook also added that the UFC ensured Diaz that those tests would remain confidential. The motion to quash the subpoena reads that the pre-fight tests were done “at the direction and under the authority” of the UFC.
The UFC declined to comment, citing the continued legal process between Diaz and the NAC.
Middlebrook said that because Eccles made himself a witness by referencing conversations he had with Pierson, Diaz’s team could ask for his removal.
“I’ll consider it if [the pre-fight test results] issue is still contested come the hearing,” Middlebrook said. “Then it’s definitely something that we have to consider.”
Diaz’s team has not provided the records requested. The NAC has not yet responded to Middlebrook’s motion to quash as of Thursday. It could be ruled on Monday at the disciplinary hearing.
When reached Thursday regarding a potential motion for his removal, Eccles declined comment.
“They’re going to file what they’re gonna file, and we’re gonna deal with it whenever I see it,” Eccles said.