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Former UFC heavyweight champion Josh Barnett has four days to add his name to the agenda for an upcoming meeting of the California State Athletic Commission and is unsure whether he wants to do so.
The CSAC denied Barnett a license this past July to fight Fedor Emelianenko at "Affliction: Trilogy" on Aug. 1 when Barnett tested positive for a designer steroid. Barnett immediately declared his innocence and informed the commission of his intent to appeal the decision.
But after four delays to his appeal process, Barnett said he may simply wait until June, when he said he is re-eligible to apply for a fight license.
"I will talk to my legal team before I make any decisions," he told MMAjunkie.com (www.mmajunkie.com) this past Friday. "I'll let them help me make that decision."
CSAC executive officer George Dodd recently told MMAjunkie.com that Barnett must contact his office by April 10 to have his appeal heard at the commission's upcoming meeting, which takes place April 20 in Los Angeles.
If he does not, Dodd said, the absence will "not bode well for [Barnett's] career."
"That's a threat, if you ask me," Barnett countered when told about the comment.
After Barnett no-showed a Feb. 22 CSAC meeting in which his appeal was placed on the agenda, and Barnett's lawyer, Michael DiMaggio, was not allowed to present his case, Dodd told MMAjunkie.com the commission would make a final ruling on Barnett's appeal during the April 20 meeting.
Barnett's manager, Shannon Hooper, said the fighter was unaware his presence was required and was overseas participating in a pro-wrestling match at the time of the Feb. 22 meeting.
Dodd said the CSAC sent a letter informing Barnett that he needed to be at the meeting, but Barnett denies that he received the letter.
"They certainly never called or emailed as well, which they have that information," Barnett said. "The delays were based on the fact that we requested information and didn't receive it. The delays are only a course of their own actions."
Barnett and DiMaggio postponed appeal dates on Aug. 24 and Oct. 26 of last year when they said they didn't receive requested case information on the license denial from the commission. A third appeal date on Dec. 8 was rescheduled when the New York-based DiMaggio was unable to make a commission meeting due to bad weather on the East Coast.
Barnett was unsure whether DiMaggio currently has the case materials needed to present his case. DiMaggio did not respond to repeated requests for comment.
"[The commission] is doing what they want, however they want, when they want," Barnett said. "They weren't all that compliant to begin with, and it wouldn't surprise me if they continued to be not entirely compliant – for whatever reason – at this point.
"But I know that we've tried our best to meet their schedules, deadlines, standards, and present ourselves within the regulation that they lay forth."
Asked whether the CSAC hasn't given him a fair shake, Barnett said, "I don't know. Only time will tell on that."
Barnett added: "I have no particular understanding why they would make some sort of what sounds like a veiled threat when they denied my licensure. OK, well that's what they decided to do; that's what is within the laws – to my understanding – that they abide by.
"Now it sounds like they want to trump up more charges and do more stuff against me when even if I just waited out my proposed suspension as a disciplinary action – handed out by them – they're going to come after me."
In the meantime, the heavyweight said he will continue to train as well as participate in pro-wrestling matches in addition to acting in film projects.
Dodd did not respond to phone calls and emails to verify that Barnett will be eligible to reapply for a fight license in June and to respond to Barnett's comments.
A career of fighting cans in Japan, and perhaps pro-wrestling looms for Barnett methinks. What a waste he is....
