This just in – federal judge overturns the NFL’s suspension of Shady. Haven’t had time to digest the decision, but on quick glance, it appears the court decided that Shady wasn’t on notice that “general awareness” of the deflating activities (or his lack of cooperation in the investigation) could subject him to a 4 game suspension. This isn’t a legal blog, so I won’t get into whether the court adhered to the law or whether the court of appeal will reverse (assuming the NFL appeals). Here’s a story that might shed light on the decision – stay tuned for my analysis …
Apparently, some owners are willing to set the record straight. It is pathetic to hear the Shady defenders. He didn’t do it because he is fighting this; they didn’t cheat because everyone deflates the balls, blah, blah, blah. Here’s what one of the owners had to say — JJ Watt wouldn’t have destroyed his phone; they did it to gain an advantage… really? Of course.
Here, you have a “survey” players who mostly believe the Pats deflated footballs, but they don’t think it’s cheating. Surprise, surprise – a football player doesn’t think violating a written rule is cheating. Maybe next time they will find a baseball player who doesn’t think PED use is cheating. Someone hurry up and ask David Ortiz what he thinks…
Are you seated? Here’s a shocker – Tom Shady is now willing to accept a suspension. What? I thought that fact that he was fighting so hard was evidence that he didn’t do anything wrong. I know that it looked bad when his name appeared in texts involving the Deflator, it looked bad when Shady lied to the public in his first press conference, it looked bad when he admitted to meeting with one of the deflators immediately after they were caught, it looked bad when Shady declined to look at his phone for relevant texts (i.e., he wasn’t being asked to turn it over), it looked bad when we learned he had destroyed that phone… it goes on and on…
Now, in a sudden Krafty-like change of direction (see below for blog re: Krafty admitting fault…), Shady tells us that he would accept some punishment for failing to cooperate. What BS. Who does he think we are? He covered-up what was likely a much bigger scandal (maybe even involving Belicheat) by destroying his phone (hey Shady, maybe you should be the VP on Hillary’s ticket – you guys make a perfect pair). It is good to hear the NFL isn’t going to accept this belated “offer” to settle.
See here for a recap of the recent developments — http://espn.go.com/boston/nfl/story/_/id/13466823/tom-brady-new-england-patriots-open-accepting-suspension-provisions-source
See this link – Mr. Yee apparently thought no one would ever find out that Brady had ordered the destruction of his incriminating phone. http://espn.go.com/blog/new-england-patriots/post/_/id/4781278/tom-bradys-agent-explains-thinking-for-why-brady-didnt-turn-over-cell-phone
In this article, Mr. Yee is quoted and provides 3 possible reasons for not turning over the phone:
(1) He somehow believes that Brady was put in an improper situation where he was being assigned guilt and asked to prove his innocence… whatever this means.
(2) Mr. Yee didn’t want to have Brady set a precedent of turning over his private messages – that apparently would be bad for other players… oh, and destroying the phone which arguably violates state/federal law – that’s a much better option.
(3) Mr. Yee didn’t want to accept the investigator’s offer of having Brady or his representatives simply look at the message and choose which ones to provide (an amazing offer for any accused). Mr. Yee apparently believed that such cherry-picking of messages would be met with skepticism in any event… I guess destruction was the better option – no skepticism there.
What a joke. I hope Mr. Yee is no longer barred in any jurisdiction because this is type of conduct that would get him in serious trouble. Not sure if any of Shady’s lawyers advised him to destroy the phone, but they may have some explaining to do as well.
Everyone waited for the NFL to reduce or eliminate Shady’s suspension… Little did the public know — the NFL should have increased the suspension based on the new information that Shady destroyed evidence. Yes, that’s what I said “Shady (aka Tom Brady) destroyed evidence.” (See link – http://espn.go.com/video/clip?id=13332236)
While his agent and multiple representatives/attorneys argued that Shady’s privacy was at issue by being asked to look at his cell phone, what they covered up was that Shady ordered the destruction of his cell phone (even though he knew that the NFL investigators wanted to see it). What a joke… Had he shown the phone, his suspension likely would have been much worse.
This should confirm once a for all that Shady is a cheating liar. Now, we’ll hear a bunch of garbage about process and why the commissioner would hear the appeal, but what we should be hearing is real analysis of how long Shady has been manipulating the rules of the game and whether he should be allowed to pollute this game any more. Stay tuned… these idiots will keep the hits coming.
Shady heads to appeal – to challenge the Wells Report, to challenge his sentence, and to get back his name. What a joke – his name should have been forever tarnished with SpyGate. Certainly, Shady benefitted from that cheating… Anyway, see link below for an even-handed look at the current saga.
In a predictable move, Krafty now says the Pats won’t appeal the League’s discipline that was imposed on the team as a result of the finding that Shady and the team cheated. For public relations purposes (which backfired), Krafty initially reversed his promise in the wake of the Wells Report to accept whatever discipline the League hands out. After learning the discipline he did the following: (1) express dissatisfaction at the harshness of the penalty, (2) criticize the Wells Report for not contain sufficient evidence, (3) started a website to attack the report, (4) paid a high-priced law firm to issue a poorly written challenge to the Wells Report (remember, “Deflator” somehow meant weight loss…) and (5) stated that the Pats would appeal the penalty. Now, after giving it some time (and presumably assessing the evidence against his team and Shady), he has reversed course yet again – he won’t appeal. There is only one way to read this latest decision – Krafty knows his team cheated, he knows the evidence is sufficient to establish this fact, and he is now admitting as much by disclaiming any appeal.
As I have written before, if there are any PR firms out there in need of work, there are a few clients for you in the Northeast part of the US that could use some help…
Haven’t heard from Yee in quite some time – maybe Shady is finally learning a lesson and he has put the muzzle on his agent/lawyer. Whoever is responsible for this wise decision, please call Krafty and the Pats organization; they could use your help.
Stay tuned… no telling where this story will take us next.
After significant review of the evidence available, Ted Wells determined that the Patriots, with Brady’s knowledge, intentionally deflated footballs. Team Shady, with help from Krafty, have gone all in to discredit the findings of the report. If there were criminal charges in this case, they would have lawyers smart enough to tell them not to incriminate themselves with ridiculous public comments. Fortunately, that is not the case.
Tom Shady’s Agent – Don Yee
“One fact alone taints this entire report. What does it say about the league office’s protocols and ethics when it allows one team to tip it off to an issue prior to a championship game, and no league officials or game officials notified the Patriots of the same issue prior to the game? This suggests it may be more probable than not that the league cooperated with the Colts in perpetrating a sting operation. The Wells report buries this issue in a footnote on page 46 without any further elaboration.”
The one issue that Brady’s agent takes with the entire report is that the Patriots weren’t warned ahead of time. Sure the balls were deflated, but they should have been warned that the balls were going to be checked a second time to see if air was let out of them. Also, on what planet does that constitute a sting operation? When did the NFL try to get the Patriots to cheat? Do one of the ball boys work for the league office? Their entire defense was an incoherent mess.
Team Krafty – Wells Report Context
“This banter, and Mr. McNally’s goal of losing weight, meant Mr. McNally was the “deflator.” There was nothing complicated or sinister about it.”
So Team Krafty wants us to believe that a guy who calls himself the “deflator” was really talking about losing weight. It’s just an unfortunate coincidence that this guy is responsible for the air pressure in the footballs? But in case you weren’t convinced, Team Krafty places the deflator texts into context. They quote an entire text conversation between McNally the locker room attendant, and Jastremski, the equipment assistant. Here’s a crucial piece:
16:39:40 JM “Nice dude…jimmy needs some kicks….lets make a deal…come on help the deflator”
[After Mr. Jastremski does not respond for several minutes, Mr. McNally sends a follow-up text.] 16:47:15 JM “Chill buddy im just f****n with you….im not going to espn….yet”
It makes you question what Team Krafty is thinking. In this conversation, the locker room attendant refers to himself as “the deflator” and tells the equipment guy that he should steal him some shoes or else he will tell ESPN about their ball deflating scheme. Team Krafty thinks that because the nature of these texts is jocular that this completely undercuts the substance. Yes, the texts about telling ESPN are jocular but why would anyone think he is making up the parts about stealing shoes and deflating footballs?
Can someone just tell these guys to plead the fifth?
Krafty needs to discuss with his lawyer(s) the standard of proof and the type of evidence that typically is used to establish facts. Most bad acts are proven with circumstantial evidence; rarely do you have the “smoking gun.” Although, the texts between Beavis and Butthead, here, are close to that smoking gun – they were written at time when nobody had a reason to lie, and certainly evidence that they knew how Shady like his balls. But, they go even further than that – they confirm that these two had the ability to deflate the pressure and make the ball more to Shady’s liking. That, plus Shady’s later meeting with either Beavis or Butthead (after Deflategate broke) is sufficient to prove this case. I submit one more piece of evidence – does anybody recall Shady’s public speaking after Belicheat put the issue squarely on his QB? He was lying, and everybody saw it. The nation knows Shady did this, and Krafty should do what he said he would – accept the penalty and move on.
For anyone who wants to read Krafty’s admission about 2007 (where presumably he saw the smoking guns – i.e., all of the illegal tapes that Goodell subsequently burned for him), see the attached…
“There was no dispute about the facts. The team admittedly said what happened … It was illegal to videotape and in the end we admitted it and took our penance. This is very different. In 2007, we did something and acknowledged the fact of what was done. This is an accusation of wrongdoing, without proof.”
What Krafty meant to say is – in 2007, the tapes were so powerful that he couldn’t cover up the problem and hide behind expensive lawyers. Now, the evidence isn’t the same (it is only in text form, not on tape), and so he doesn’t have to admit the truth. Krafy, please go back and watch the tape of Shady’s press conference – he knew what Beavis and Butthead were doing, and he is just another Belicheat on your team.