AJC Article: WWE refuses to produce documents in Benoit case & more
On Wednesday, October 24, 2007 at 4:51 PM EST The following article was issued by The Atlanta Journal-Constitution on Monday:
WWE refuses to produce documents in Benoit case
By JOHN HOLLIS
The Atlanta Journal-Constitution
World Wrestling Entertainment has no plans to make things easy for parties possibly looking to sue it over the deaths of professional wrestler Chris Benoit and his family.
In court papers filed Monday afternoon in Superior Court in Fayette County, the Connecticut-based pro wrestling organization called discovery motions filed by the respective estates of Benoit and his wife and son "a wholesale fishing expedition" intended to lay the groundwork for possible future litigation.
Fayetteville home before taking his own life in late June. The wrestler had roughly 10 times the normal amount of testosterone in his system at the time of his death, authorities have said.
WWE, which has long maintained it had nothing to do with the double murder-suicide, on Monday cited the possibility of lawsuits as its reason to not hand over documents regarding drug testing and related matters requested by the estates of the deceased family members.
The organization said in its court filing that the request for documents was "abusive and improper and not remotely relevant to the determination of order of death."
The information ostensibly is being sought for an upcoming court hearing that will determine who stands to inherit millions of dollars from the Chris Benoit estate. Neither Chris nor Nancy Benoit left a will.
WWE's refusal to cooperate means attorneys representing the Benoit estates will have to convince a judge the documents are pertinent to the upcoming hearing.
Fayette County authorities have maintained that Chris Benoit killed his wife first before murdering his son. However, Nancy's parents, Paul and Maureen Toffoloni, have suggested that Daniel may have died first, and not his mother.
The order of death will be key to determining who inherits Chris Benoit's millions.
Cary Ichter, the Atlanta-based attorney who represents Michael Benoit, Chris' father, responded to World Wrestling's position Monday by saying, "Nothing the WWE does that reflects bad faith surprises me."
Efforts to reach Rick Decker, the Toffolonis' Atlanta-based attorney, were unsuccessful.
The Toffolonis and Michael Benoit have sought documents from the WWE pertaining to the company's drug testing, as well as any previous deaths, drugs and illnesses other wrestlers may have suffered as a result of steroids or other performance-enhancing drugs.
WWE has taken a major public relations hit in the months since the tragedy. Even Congress appears poised to enter the fray, with an announcement likely to come soon of hearings into possible steroid abuse in professional wrestling.
World Wrestling attorney Jerry McDevitt insisted there was no way his client could be held responsible for the Benoit tragedy.
"We're going to resist," McDevitt said. "If somebody wants to take a shot at us, then go ahead, and we'll see you in court."