Motion for Mistrial Is Denied in Klein’s Malicious Prosecution Suit Against Davis

A judge denied a defense motion Wednesday to declare a mistrial in a $5-million malicious prosecution suit won by Eugene Klein, former owner of the San Diego Chargers.

Attorneys for Al Davis, managing general partner of the Raiders, based their mistrial motion on comments Klein made on a local radio talk show just a few hours before jurors announced their verdict on Dec. 9.

Klein disclosed during the broadcast that jurors had sent a note to the trial judge asking if some award money could be earmarked for charity. Klein then told KSDO talk show host Roger Hedgecock that “every penny” of an award would go to local hospitals for heart research. A few hours later, the jury returned a $5,048,606.82 judgment against Davis.

A tape recording of the comments was played for San Diego Superior Court Judge Gilbert Harelson.

Klein’s suit against Davis stemmed from a May 28, 1981 heart attack he suffered while testifying as a defendant in Davis’ antitrust suit against the NFL.