Video: Sonics trial, day 3: Bennett wraps up testimony

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SEATTLE – SuperSonics owner Clay Bennett testified Wednesday that he made mistakes in dealing with the city of Seattle after he bought the team in 2006 - and that he is indeed a civic villain.

"We bought this team with grand visions for success," he said. "Did we do everything right, and did we understand everything there was to understand? Certainly not."

Bennett began his second day on the witness stand in a federal trial over the Sonics' lease at KeyArena under friendly questioning from team attorney Brad Keller, and didn't specify his mistakes.

Bennett is also on the Sonics' witness list, so he may testify again in the final three days of a trial that is to end June 26. He will remain in court seated at the defense table, his spokesman said.

Bennett suggested he misunderstood the region's political climate. But he also testified he simply wasn't willing to commit to the things that his local advisers told him would be necessary to win government support for a new arena and keep the Sonics in town: make an out-of-pocket contribution toward the construction, and agree to cover cost overruns.

The 48-year-old Oklahoma business tycoon, who received calls of "Liar!" when he entered federal court Monday, also said he's regretted his failure "to integrate more completely with the people" of Seattle -- it's to the point "I can't go to games."

"I'm not real popular," he said with a rueful smile.

Some fans seated in the rear of the courtroom chuckled.

Bennett is trying to move Seattle's oldest professional sports franchise to his hometown of Oklahoma City, two years before the KeyArena lease expires.

He said that if U.S. District Judge Marsha Pechman forces the team to honor the final two years of the KeyArena lease, it would cost the Sonics $60 million and make it tough to attract good players and coaches to improve from a franchise-worst record of 20-62 last season. The league's most talented players probably wouldn't be interested in moving to Seattle for just two years, he said.

He also extolled the virtues of Oklahoma City's Ford Center, where, he said, the team could make $17 million over the next two years. He cited the "wildly enthusiastic" support for the NBA there when the Hornets relocated temporarily from New Orleans.

Seattle lawyers say Bennett's a sophisticated businessman who knew what he was getting into when he bought the team, can absorb the losses without difficulty, and should not now be allowed to plead hardship in breaking the lease.

Bennett testified Tuesday that he was a "man possessed" to keep the team in Seattle -- despite e-mails that show he and co-owners discussed relocating soon after buying the team. He cited his efforts to have a new arena built in the Seattle suburbs.

"I believed in the bottom of my heart that we would succeed. And I am personally disappointed that we did not," he testified Wednesday.

The city argues that Bennett's demand for a new $500 million arena -- presented late in the 2007 legislative session -- was so unreasonable as to have been designed to fail. The team offered $100 million from future revenue, such as ticket surcharges and parking fees.

In e-mails to his lobbyists, advisers and others, Bennett said any team contribution would be "nominal" or "negligible," and suggested the amount could be offset by a credit for the team's ongoing financial losses.

AP

Sonics owner Clay Bennett scowls as he walks into the Federal Courthouse in Seattle, June 17, 2008.

The city also tried to pick apart Bennett's definition of "good faith best efforts" as it relates to the Sonics in Seattle. The city's attorney, Paul Lawrence, showed several e-mails to make that point.

One was dated December 2006 – just two months into the 12 month "good faith" period. Bennett wrote consultant Tim Romani about his efforts with government and legislators at that point.

"In doing the work we have done and now advising Washington leadership of our findings and inviting them to actively participate in a response - Have we met our obligation of "good faith best efforts? Legal question. Of course much more," Bennett wrote.

Lawrence also pushed Bennett to admit that his team of consultants essentially stopped working on a new arena solution six months into the "good faith" period, and he showed an e-mail consultant Brent Gooden wrote the ownership group in July 2007 about new " the tactics we are executing in Seattle tomorrow are part of our strategy to lay the groundwork to explore several options, including relocation."

Bennett, being questioned by his attorney, testified that he only contacted Oklahoma City, the NBA and his lawyers to see if it was even possible to move after his failed attempt for a new arena.

Bennett was followed by Sonics interim President and CEO Danny Barth. Attorney for the City Jeff Johnson walked Barth through all the charitable organizations and public appearances tied to the Sonics as an example of the community importance of the team. Keller followed that up with a list of sobering statistics about the drop in the team's TV ratings, revenue and season ticket sales, attendance over the past several years, and the continued projected losses the next two years if the Sonics become a lame duck team.

Barth predicts if the market doesn't change, the Sonics could potentially rank dead last in NBA attendance before it's all over. He also said morale is low inside the Sonics organization, pointing out that 23 of its 125 staffers including a vice president have left over the past six months.

Barth also testified there was some fan apathy towards buying tickets after the NBA approved the Sonics move and after the Sonics secured the fourth pick in the NBA Draft, but Johnson pointed out that the Sonics aren't even accepting season ticket orders. Barth concurred, saying the team didn't feel it was appropriate with the future of the team in the air.

KING 5's Chris Daniels, KING5.com's Travis Pittman and the Associated Press contributed to this report.