Fagel Withdraws Subpoena to Obtain ESPN Tape

Bruce Fagel, the attorney representing the family of Hank Gathers, said Friday that he has withdrawn his subpoena of ESPN that asked for the unedited videotape of Gathers the night he collapsed.

“We have withdrawn it, with the right to reissue it when we have reviewed all the material,” said Fagel, who has filed a $32.5-million suit charging negligence in Gathers’ death against 14 defendants.

“The other stations that had cameras at the game are preparing a copy of the tape that was broadcast, so we need to look at that first. Also, we took depositions of the paramedics today and they were helpful in giving us time frames.”

Gathers, a Loyola Marymount basketball player, collapsed March 4 at Gersten Pavilion while playing in a West Coast Conference tournament game, and was pronounced dead 1 hour 40 minutes later at Daniel Freeman Marina Hospital.

ESPN had at least one camera operator at the game who allegedly videotaped Gathers’ collapse and the subsequent events. Fagel says he requested the unedited tape from the network to determine what kind of care Gathers received when he collapsed, as well as the elapsed time.

ESPN provided Fagel with a copy of the videotape that the network aired. But ESPN attorneys cited the California Shield Law as the reason for not giving Fagel the unedited tape, which protects unpublished information.

ESPN had notified Fagel earlier this week it was going to file a motion to quash the subpoena.

In depositions taken Friday, paramedics told Fagel that Gathers had collapsed 10-15 minutes before they arrived at Loyola. The paramedics said Gathers had been defibrillated three times before they arrived, a fourth time by paramedics at the scene, and four times on the way to the hospital. Fagel said that Gathers was never revived.