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Schilling a no-show at lobbying hearing on 38 Studios, declared in default [The Providence Journal, R.I.](Providence Journal (RI) Via Acquire Media NewsEdge) Oct. 31--PROVIDENCE, R.I. -- A hearing intended to determine whether ex-Red Sox pitcher Curt Schilling engaged in unregistered lobbying concluded Thursday without Schilling or his attorney ever setting foot inside the State House hearing room. Hearing officer Louis DeSimone declared the founder of the now bankrupt 38 Studios video-game company in "default" Friday. He failed to produce requested physician's documentation of any ongoing health condition preventing him from attending the proceeding convened by Secretary of State A. Ralph Mollis. Mark Welch, an attorney representing Mollis, said Schilling had at least two months to obtain a doctor's update. He also detailed several unanswered emails sent to Schilling's attorney, Edward J. Hayes. "If there was medical documentation to substantiate his inability (to appear), then that's fine. In light of the absence of that, it seems we have no other choice but to move forward," Welch said. "Once we move forward, I'm sure the other side will have a totally different version of what's happened, and they'll try to say we're doing something improper." DeSimone said he initially had no problem postponing the hearing process that began in July when Schilling produced medical documentation explaining his condition. That documentation has been deemed confidential. Schilling announced in June that his cancer was in remission, but later said ongoing medical concerns prevented him from attending a hearing. In September, he returned as analyst on ESPN. "The concern I have at this point is we've been advised through counsel that there's an impediment to his testimony. However ... some of the facts and circumstances surrounding Mr. Schilling's employment have come to light in those two months," DeSimone said. "Frankly, everyone is aware of the fact he's back in ESPN." Schilling will be given 10 days to reverse his default status if he or his attorney provide a physician's update, a witness list, exhibit list and confirmation of whether or not Schilling intends to testify. "If we're going to circle around this carousel and then when the music stops he's not going to appear anyway, then what's the purpose of the medical information?" DeSimone said. ___ (c)2014 The Providence Journal (Providence, R.I.) Visit The Providence Journal (Providence, R.I.) at www.projo.com Distributed by MCT Information Services |