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Stephen A Smith: Brady's suspension to be upheld, Brady destroyed cell phone


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I hate to say it, but Stephen A Smith got one right. Hey a broken clock is right twice a day.
 
Very dumb move by Brady here.

I can't believe his lawyers let him do that.
 
I hate to say it, but Stephen A Smith got one right. Hey a broken clock is right twice a day.

a broken clock is correct more often than SAS.
 
Why would brady destroy his phone? There is nothing good to come out of that. He may not even win in court now.
 
Actually thinking about it, it makes sense. All the data on the phone is actually archived by the carrier. However, without a legal request from Brady himself - or law enforcement - no body can see it. It almost guarantied that this would go to court and now Brady will be in charge.
 
The league has no right to his phone so why wouldn't he destroy it? I'm told it's nearly impossible to wipe a phone clean so if I thought somebody would have my phone without my approval I'd do the same thing. I wouldn't be surprised if he wasn't counseled to do something like that as it would be a huge precedent to set if somehow the league got access to it over his objections.
 
The league has no right to his phone so why wouldn't he destroy it? I'm told it's nearly impossible to wipe a phone clean so if I thought somebody would have my phone without my approval I'd do the same thing. I wouldn't be surprised if he wasn't counseled to do something like that as it would be a huge precedent to set if somehow the league got access to it over his objections.

No lawyer worth his salt would ever encourage his client to destroy evidence in this manner. As you say, they can't compel Tom to turn it over, so there is no need; it creates the appearance of guilt and nothing more.
 
Very dumb move by Brady here.

I can't believe his lawyers let him do that.
Unless, unless it wasn't to hide text messages, but maybe private communication or pictures from Giselle?? You can have all the assurances you want but if there were risque pictures of one of the world's most famous supermodels, those things are getting leaked to TMZ. What if he just decided it was better to destroy the phone and take his chances arguing personal property than take the chance the league gets to see very personal stuff.....?
 
The fact remains that he didn't need to turn his phone over! He could have just kept it locked in a safety deposit box for the duration of the investigation if he wanted. So why destroy it?
 
Usually, a litigation hold letter or email is sent to the client instructing him or her to preserve electronic and physical evidence. It's spoliation of evidence to destroy evidence that may be relevant and that usually leads to the court drawing an inference against the party who destroyed the evidence on the issue where the evidence is relevant. That said, I find it hard to believe anything Goodell says. There must be more to it than the destruction of the phone - I suspect this decision leaves out substantial evidence favorable to Brady - including the reason why the phone was destroyed, assuming the phone was actually destroyed.
 
The real shocker is Brady's phone being destroyed was not leaked until now.
 
So we can expect same penalties to Packers and Rodgers who admitted to over inflating his footballs over LEGAL PSI requirements right? He said it clear as day....... But NOOOO, Not Goodell's* Poster Boy!
 
Usually, a litigation hold letter or email is sent to the client instructing him or her to preserve electronic and physical evidence. It's spoliation of evidence to destroy evidence that may be relevant and that usually leads to the court drawing an inference against the party who destroyed the evidence on the issue where the evidence is relevant. That said, I find it hard to believe anything Goodell says. There must be more to it than the destruction of the phone - I suspect this decision leaves out substantial evidence favorable to Brady - including the reason why the phone was destroyed, assuming the phone was actually destroyed.
Like maybe they copied all the text messages on the phone that were relevant, handed them to the league and figured the rest of the stuff is personal and not relevant.....
 
i get im an outside fan, and will probably be blasted for this. But I was actually on Bradys side until today.

Let me ask this, if you are innocent, why destroy your phone?
 
i get im an outside fan, and will probably be blasted for this. But I was actually on Bradys side until today.

Let me ask this, if you are innocent, why destroy your phone?
I'd ask why would Brady destroy his phone if he's not obligated to hand it over? Doesnt make a lot of sense.
 
because you want to prove you are innocent yes?
 
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