MARYLAND

Disqualified 2016 White Marlin Open winner appeals in federal court

Gray Hughes Ben Penserga
The Daily Times

The man who was disqualified from winning the 2016 White Marlin Open fishing tournament and nearly $3 million in prize money has filed an appeal of the decision in federal court.

The prize-winning tuna caught by Rich Kosztyu aboard the Hubris is weighed in at the 2016 White Marlin Open.

Philip Heasley of Naples, Florida, filed a notice of appeal of June's U.S. District Court decision Wednesday in the case of White Marlin Open et al. vs Heasley, RDB-16-3105. The ruling vacated Heasley's win from the popular Ocean City fishing contest, which is slated to begin for its 44th year Aug. 7.

Heasley's win was disputed shortly after the 2016 event over what White Marlin Open officials said was a possible rules violation. The conflict between the two sides ended up in court, where a judge ruled against Heasley in June. 

After Heasley was disqualified, White Marlin Open officials said they would disperse the the prize money among its other winners.

“We filed today’s appeal because the District Court ruling last month was fundamentally wrong. It became clear that the judge based much of his ruling on a deeply flawed assumption, and discarded facts, evidence and eyewitness testimony that contradicted it,” said Heasley, owner of the boat Kallianassa, via a news release from his attorneys, the Rasky Partners. “The Kallianassa crew and I caught the tournament’s only qualifying white marlin fairly, legally and without violating any tournament rules.”

The appeal will send the case to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.

Jim Motsko, president of the White Marlin Open, said Wednesday that he still believes the June ruling is solid.

"We have all confidence that (U.S. District Court) Judge (Richard D.) Bennett's decision will be upheld," he said.

READ MORE: Judge rules against White Marlin Open winner

READ MORE: The big White Marlin Open winner: a $2.7M tuna

Heasley's attorneys said they intend to focus on their appeal on:  

1.      The finding that the Kallianassa put fishing lines in the water early: The judge misinterpreted a statement made in deposition that it takes 15 to 20 minutes to get the lines into the water.  In reality, that preparatory work is done on the deck and the lines are then dropped into the water at the 8:30 a.m. start time, taking one to four minutes.  Dismayingly, the judge clung to this statement and then extrapolated that the boat was at trolling speed because the lines were down, when in fact it was because the baiting of hooks and other preparatory work was underway.  The judge further ignored eyewitness testimony from the captain and mate of a competing fishing boat, who testified that they were in close proximity to the Kallianassa and that they did not see any lines in the water prior to 8:30 a.m. start time.

2.      The court based its decision on polygraphs, which are generally not admissible in federal court because they are unreliable.

"The bottom line is that the White Marlin Open directors did not disqualify Mr. Heasley, nor did any other competitor lodge a single complaint. Instead, the White Marlin Open directors declined to make a determination and sent it to the court despite Mr. Heasley’s several requests to describe the catch and present his boat’s electronic information directly to the tournament directors," according to the release. The court then based its ruling on a combination of unreliable polygraphs and false assumptions."

Heasley said Wednesday that ruling has had a negative effect on his life.

“For the first time in my life, my integrity and honesty have been challenged because of a polygraph test,” said Heasley. “The impact of this incorrect ruling not only has had great emotional impact on me and my family, but also on my professional captain and crew—who are fine, upstanding men and fishermen who are being unfairly branded as cheats. Whatever the outcome of the appeal, I could not let this ruling stand unchallenged. This has become about more than a winning white marlin. We’re honorable people, and we will continue to fight for our reputation and the truth.”