CHICAGO – Justice of the Peace Melissa A. Saragosa of the Clark County Court in Las Vegas, Nevada has rejected a motion of undefeated boxing champion Floyd Mayweather, Jr. that he be placed under house arrest.
Mayweather is now serving a 90-day jail term in connection with battery and harassment charges filed against him by his former girlfriend.
In asking the court that he be placed under house arrest, the boxer claimed that he is suffering from dehydration and that his physical training areas “may not be consistent with his prior regiment.”
Justice of the Peace Saragosa rejected the motion last June 13. In her decision and order, she stated that the court found “the alleged dehydration of the defendant (Mayweather) to be self-induced as water is made available to him 24 hours a day. The court finds the estimated intake of only 800 calories per day is also self-induced as defendant chooses not to eat the food provided.”
“Finally, the court finds that while the physical training areas and times provided to defendant may not be consistent with his prior regiment, he is indeed provided sufficient space and time for physical activity if he chooses,” Justice Saragosa also stated.
In denying the oral-emergency motion for modification of sentence filed by Mayweather’s lawyers Karen C. Winckler and Richard A. Wright, Saragosa stated she has found Mayweather’s motion suggesting a civil rights violation or potential challenge to conditions of his confinement as “outside of the jurisdiction of Justice Court.”
Justice Saragosa cited the argument of Nevada State Prosecutor Lisa Luzaich that the Nevada Supreme Court considers only “two types of post-conviction challenges to judgments of conviction” that can be availed of to modify a sentence.
First, if there a need to “correct an illegal sentence,” which the defendant admits, “there is nothing illegal.” And second, if there is “a materially untrue assumption or mistake of the fact by the judge as to the defendant’s criminal record.”
After Saragosa ruled that neither of the two factors was present, Mayweather went back to his earlier argument that “his original understanding as to the conditions of his confinement as imposed by the Clark County Detention Center arose after he was sentenced and advised by his counsel.”
Saragosa said Mayweather’s inaccurate “subjective understanding” does “not give rise to jurisdiction of this court to modify” his sentence.
In their oral-emergency motion, Mayweather’s lawyers argued that if Mayweather’s jail conditions were not eased, the undefeated champion might get out of shape and may not be able to fight again.
If Mayweather is mixed with the general jail population, jail officials fear that they could assure his safety.
Mayweather’s lawyers suggested that the boxer may be confined in an apartment or somewhere less luxurious than Mayweather’s posh Las Vegas home.
“I’m not looking for special treatment for Floyd Mayweather,” Wright said. “I’m looking for fair treatment.”
But Prosecutor Luzaich said easing the jail condition would be just another accommodation, recalling that the court accommodated Mayweather for the first time when his jail surrender date was postponed for months due to his fight with Miguel Cotto last May.
“They keep chipping away, chipping away, chipping away,” Luzaich said.