MMAFrenzy.com was the first to confirm the news via e-mail with NSAC Executive Director Keith Kizer.
“Based on advice from the Nevada Attorney General’s office, the appeal was rejected due to lack of remedy,” Kizer is quoted as telling MMA Frenzy.
Johnson was declared a loser to Burns via TKO at 3:35 of round 3. He had absorbed several pokes to the eye during the fight and received a stern poke during an ill-fated jab attempt in the fight’s final round. After receiving the final poke, Johnson turned his back and collapsed towards the back of the cage while screaming in obvious pain. The fight was stopped and Burns was ruled the winner in spite of the illegal eye poke.
Burns stated after the fight was accidental and apologized for the pokes, which he attributed to inability to close his left hand as a result of multiple fractures. As a result of the illegal blow, Johnson had to undergo surgery that has sidelined him for the past several months.
Referee Steve Mazzagatti reportedly apologized to Johnson during EliteXC and CBS’ “Saturday Night Fights” on July 26, indicating that he did not have the proper angle to rule on the eye poke.