INTO THE FIGHT.

Byline: Steve Dilbeck Staff Writer

Kevin Malone, the deposed Dodgers general manager, isn't ready to go quietly into the good night.

Two weeks after resigning under pressure, Malone held a press conference to deny challenging a fan to a fight at a game in San Diego, to discount reports of the incident and accuse the Los Angeles Times of biased reporting.

Malone had been criticized throughout his 2 1/2-year tenure with the Dodgers for poor free-agent signings, trades, handling of manager Davey Johnson, an underachieving team and for frequently mis-speaking.

But after it was reported April 17 that he had gotten into a verbal altercation with a fan at Qualcomm Stadium, and that Malone issued what the fan perceived was a challenge to fight, Malone was ousted.

Malone said reports of the ``so-called incident'' were inaccurate and his attorneys released a transcript from another fan they said was seated nearby, who supported Malone's contention.

``No challenge to fight was made by me,'' Malone said. ``I never raised my voice. My son sat next to me. Other Padre fans next to me said I was calm and a loud, belligerent Padres fan was out of line.''

Malone got into the verbal exchange with Jim Esterbrooks on April 14 after Esterbrooks made critical comments about Dodgers outfielder Gary Sheffield. Esterbrooks, seated one row in front of the Dodgers general manager and across the aisle, said Malone called him ``the mouth'' about four times, and when he responded, ``Why don't you do another interview, Dodger Boy?'' that Malone told him: ``Come over here and say that.'' Esterbrooks took that as a challenge to a fight.

Malone said he hired Newport Beach attorneys Eric Lampel and Jonathon Rivers to investigate and ``ensure that the truth comes to light.''

Rivers said they discovered a San Diego businessman, George Palermo, who was seated behind Malone and disputed Esterbrooks' account.

Daniel Kidwell, a retired Rialto police lieutenant, interviewed Palermo in San Diego for their law firm and quoted him as saying Esterbrooks initiated the exchange and baited Malone:

``I thought he was going to get up and go over to Malone, and I'm thinking, `Gee, this poor guy is sitting there with his kid and he is vulnerable and the other guy is bigger than him ... and (Malone) didn't do anything to aggravate the guy. I think he just responded.''

Esterbrooks said he's 5 feet 10 and 160 pounds.

``My son was in my lap the whole time,'' Esterbrooks said. ``And I was actually laughing when Malone said, `Come over and say that.' ''

Reached at his home Thursday night, Palermo said he thought Esterbrooks' son was in his wife's lap during the exchange.

``Malone wasn't out of line, the other guy was out of line,'' Palermo said. ``I really didn't hear Malone say much. And if you can go by body language, (Malone) never even budged.''

The original report of the incident in the L.A. Times included quotes from several fans who supported Esterbrooks' version.

The transcripts distributed at the press conference stated that Palermo called a Times reporter the day Malone resigned to give his version of the San Diego incident, but the reporter didn't return his call. But Thursday night, Palermo said the reporter did call him back and left a voice-mail message.

Malone said he did not plan a lawsuit, nor did he want his job back. But after receiving hundreds of phone calls, letters and e-mails from fans wanting to know if the report of the San Diego incident was correct, he had decided to come forward.

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Photo:

Fired Dodgers general manager Kevin Malone speaks to the media with his lawyers, Jonathon Rivers (left) and Eric Lampel, in the background.

Michael Owen Baker/Staff Photographer