From (
Jets videotaped Patriots last season in Foxborough - NFL - ESPN) - Dec 7, 2007...
"HEMPSTEAD, N.Y. -- The spy games between the New York Jets and New England Patriots began last season.
The Jets were caught videotaping at Gillette Stadium last season and the Patriots had that New York employee removed from the area, according to published reports Wednesday. Jets coach Eric Mangini said his team received permission to film behind both end zones during the playoff game in January.
"We taped the game is what we taped, and we taped end-zone copy of the game, and we tape a double-end zone, which is standard operating procedure for us," Mangini said Wednesday. "We request that every single road game, and it's usually granted if physically it's possible. And when people request it from us, we do the same thing: We grant it." ....
"This is just the latest in the long-running rivalry between the teams. After helping Belichick and the Patriots win three Super Bowls as a defensive assistant, Mangini left to become coach of the Jets. The relationship between the two has been frosty since.
Things got even chillier after a Patriots video assistant was caught taping from the sidelines during their game against the Jets in Week 1, a move some speculated fueled New England's drive to perfection. The NFL punished the Patriots by taking away their first-round draft pick, fined them $250,000 and fined Belichick another $500,000.
A league rule prohibits teams from using a video camera on the sidelines for any purpose. In the Jets' case, they were filming from the end zone. The Jets film from both end zones during practice, a common procedure used by NFL teams. ....
"Mangini was unsure how many teams have asked for similar permission from New York but said the Jets have granted it to those that have. He also said the Jets have not been turned down by any teams this season.
"It's usually just a function of whether there's a location that we can do it from or not," he said. "It's a pretty common courtesy.""
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And from (
http://www.boston.com/sports/football/patriots/reiss_pieces/2007/12/videotaping_rul.html):
"In a memo to NFL head coaches and general managers on Sept. 6, 2006, NFL executive vice president of football operations Ray Anderson wrote: "Videotaping of any type, including but not limited to taping of an opponent's offensive or defensive signals, is prohibited on the sidelines, in the coaches' booth, in the locker room, or at any other locations accessible to club staff members during the game."
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So there you go. On Sept 6, 2006, the memo which supposedly clarified the league rule, came out, stating that videotaping of any type...is prohibited...at any location accessible to club staff members during the game.
On Jan 7, 2007, in a playoff game, the Jets are taping the Patriots. Apparently the Patriots don't like it and have the videographer removed. But the Jets are clearly not punished by the league for it. In fact, Mangini's defense is: it's a very common thing that teams do.
On Sept 9, 2007, the Patriots are taping the Jets, and they have Estrella thrown out of the game. Moreover, the NFL confiscates Estrella's tapes. (so suddenly the NFL is involved??) According to (
Timeline of events and disclosures during Spygate saga - NFL - ESPN), "Clubs had been reminded of the prohibition against taping sideline signals in a Sept. 6, 2006, directive from league headquarters: "Videotaping of any type, including but not limited to taping of an opponent's offensive or defensive signals, is prohibited on the sidelines, in the coaches' booth, in the locker room or at any other locations accessible to club staff members during the game.'' Ok, so now clubs had been reminded of the memo...I guess the Jets hadn't been reminded of the memo during the playoff game the previous year, eh?
On Sept 13, 2007 - just four days after the taping - Goodell hands down his verdict. From that same espn article I cited in the previous paragraph, "Goodell issues an "emergency" order mandating that New England must turn over all videotape and sign-stealing material in violation of league policy. At the same time, before receiving the requested tapes and materials, Goodell fines Belichick the NFL maximum of $500,000, and the Patriots are ordered to pay $250,000 for spying on an opponent's defensive signals. In addition, Goodell orders the team to give up its first-round draft choice in 2008 if it reaches the playoffs this season, or its second- and third-round picks if it misses the postseason."
So *before even seeing the tapes and knowing what was on them*, Goodell issues the maximum possible fine and penalty. The memo that was sent out in 2006 was the basis for the harsh penalty. Yet that same memo was issued before the Jets were caught taping the Patriots, and *NOTHING* happened to the Jets.
So yeah, if you're Belichick, and you saw that the Jets taped with zero repercussions whatsoever, why in the world would you think that, with no new memo coming out, you would be subject to such a harsh penalty?
EDIT: Or possibly BB knew it was wrong, but had the following mentality: Most (all?) teams do it anyway. If someone doesn't like it, they just kick the guy out and deal with it in-house. That's how they handled it in the game where the Jets were taping the Patriots. But when the Jets were pissed off and caught the Patriots taping, instead of handling it in-house and just kicking the guy out, they complained to the NFL. Kind of like two kids in the sandbox, and there's a rule against throwing sand...Joey tosses sand at Bobby, so Bobby tells Joey to leave. Joey is unhappy because Bobby has never objected to having sand tossed at him before...in fact, it's a pretty common thing in the sandbox. But the next day, when Bobby tosses sand at Joey, Joey gets up and runs to the principal, and has Bobby suspended.
That's pretty much what happened with "spygate".