SUPER BOWL XXI : THE AFTERMATH : Judge Rules That Rozelle Does Not Have to Testify in Klein’s Lawsuit Against Davis

Judge Gilbert Harelson of the San Diego Superior Court has ruled that NFL Commissioner Pete Rozelle does not have to testify in former San Diego Charger owner Eugene Klein’s lawsuit against Al Davis, managing general partner of the Raiders.

Attorneys for Davis had Rozelle served with a subpoena by a private investigator during a news conference Friday in Anaheim.

Harelson ruled that Rozelle, as a New York resident, cannot be ordered to appear in a state court proceeding.

“Commissioner Rozelle said as much when he was subjected to Al Davis’ publicity stunt last Friday,” NFL spokesman Joe Browne said. “He never took a stutter step. As originally planned, he’s on his way to Honolulu for the Pro Bowl.”

Al LoCasale, a Raider spokesman, said Rozelle was served as a technicality.

“Our attorneys did not want to compel him to testify,” LoCasale said. “He already was listed as a potential witness for Klein. If he had shown up, our attorneys wanted to make sure they had access to the same records that the other side had.”

Klein won a $5-million judgment last month in his malicious prosecution suit against Davis. Klein claimed that a heart attack he suffered in 1982 was a result of Davis’ naming him as a defendant in the Raiders’ antitrust suit against the NFL.

The punitive damages phase of the trial began Monday in San Diego.