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How I Feel - MERGED (by accident - Ian) Brady Suspension Upheld


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Also Curran has a source re: Brady who says there's more to the phone thing.
Like personal things???? I wouldn't trust the NFL either and I'd destroy it before handing it over....
 
Also Curran has a source re: Brady who says there's more to the phone thing.


That would be entirely consistent with this matter. To date the NFL has come out repeatedly with damming charges only to have the light of day show they are full of sh.t every time.
 
Bradley: "Evidence spoliation mostly applies when the state or opponent is entitled to that information. Union guy's cell? Nah"

In other words, there is nothing compelling Brady here to turn over his phone.

In fact, KNOWING ahead of time that the case may go to court, he was perfectly within his rights to destroy the phone. This doesn't fall under evidence spoilation because there is nothing in the CBA about it.
 
Brady needs to be suspended for shear stupidity.
What moron A) destroys his cell phone when there was zero need to do so and then B) confesses to it.

This is why Kraft stood down. What an idiot.
 
It is perfectly reasonable. There's no way you allow people to look at your phone if you're Tom Brady. We have talked about this for 6 months now, and 99% have agreed. So suddenly the NFL makes this somehow relevant?

I continue to have questions (why the delay? how can you pretend Exponent wasn't thoroughly refuted?) but destroying potential evidence at the time when it would be requested and not saying anything when it is requested is legitimately eyebrow raising.
 
From Schefter on facebook:

Statement from Tom Brady's agent, Don Yee:

"The Commissioner’s decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness.

Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred.

The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn’t have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent’; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said.

These are just two examples of how the Commissioner failed to ensure a fair process.

Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties.

Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don’t know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days.

The Commissioner’s decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.”
 
It is perfectly reasonable. There's no way you allow people to look at your phone if you're Tom Brady. We have talked about this for 6 months now, and 99% have agreed. So suddenly the NFL makes this somehow relevant?

Yes, but many of those same 99% (including me) assumed that the messages were still in existence and thus could be the subject of discovery in a future court case. With that evidence destroyed, there are now bad optics to deal with as Brady starts a tough road to get a court to 1. hear this case and 2. rule in his favor.
 
I'm going to wait until all the details are out. Right now we have leaks and reports flying at us from every direction.

When the Well's report was first released it sounded damning as well but after everyone had a chance to devour it we learned that it wasn't as concrete as it initially appeared and in fact it was actually quite flawed.

The destruction of the phone does sound bad but the Science still stands regardless of what happened to the phone.
 
I continue to have questions (why the delay? how can you pretend Exponent wasn't thoroughly refuted?) but destroying potential evidence at the time when it would be requested and not saying anything when it is requested is legitimately eyebrow raising.

I would have purposely destroyed it for exactly the reason I already have given. I don't want people prying into my billion dollar personal life.

But regardless, legally, he's fine here. Someone's personal phone is not part of any discovery process. It is not even part of the CBA. So this isn't even a matter of destroying evidence. In fact, for this very reason, I would bet you that a good attorney would have advised him to destroy it.
 
Yee coming out swinging with harsh words on the sham process.
 
Like personal things???? I wouldn't trust the NFL either and I'd destroy it before handing it over....

Jennifer Lawrence would agree with you.

I don't think Brady has that kind of stuff on his phone but it's personal- and his property and the NFL and their merry band of framers have any right to it.

The suspension may be upheld in court, but Tom absolutely did the right thing.
 
Also Curran has a source re: Brady who says there's more to the phone thing.

The NFL has lied, or misled, about every finding up to this point. I find it both comical and pathetic that people are still willing to buy into the NFL's take on anything, and the fact that they are willing to do so about something that is so clearly aimed at PR is a really sad reflection on human wisdom.
 
Yes, but many of those same 99% (including me) assumed that the messages were still in existence and thus could be the subject of discovery in a future court case. With that evidence destroyed, there are now bad optics to deal with as Brady starts a tough road to get a court to 1. hear this case and 2. rule in his favor.

Sorry, this makes no sense. I wrote that 99% of us assumed he'd never give over the phone for discovery. We have talked this over for a long while. We have actually discussed getting rid of the phone. I have stated months ago that this is what I would have done.

As for the legal case, this will play no part in it, since such evidence was never required for discovery. It is immaterial. It will play no part in the case at all.
 
I would have purposely destroyed it for exactly the reason I already have given. I don't want people prying into my billion dollar personal life.

But regardless, legally, he's fine here. Someone's personal phone is not part of any discovery process. It is not even part of the CBA. So this isn't even a matter of destroying evidence. In fact, for this very reason, I would bet you that a good attorney would have advised him to destroy it.

Why would they even need it? They can get all of the communications from the providers. We have now gone from mere weapons-grade stupidity (HT to another poster) to galactic stupidity.
 
From Schefter on facebook:

Statement from Tom Brady's agent, Don Yee:

"The Commissioner’s decision is deeply disappointing, but not surprising because the appeal process was thoroughly lacking in procedural fairness.

Most importantly, neither Tom nor the Patriots did anything wrong. And the NFL has no evidence that anything inappropriate occurred.

The appeal process was a sham, resulting in the Commissioner rubber-stamping his own decision. For example, the Wells investigative team was given over 100 days to conduct its investigation. Just days prior to the appeal hearing, we were notified that we would only have four hours to present a defense; therefore, we didn’t have enough time to examine important witnesses. Likewise, it was represented to the public that the Wells team was ‘independent’; however, when we requested documents from Wells, our request was rejected on the basis of privilege. We therefore had no idea as to what Wells found from other witnesses, nor did we know what those other witnesses said.

These are just two examples of how the Commissioner failed to ensure a fair process.

Additionally, the science in the Wells Report was junk. It has been thoroughly discredited by independent third parties.

Finally, as to the issue of cooperation, we presented the Commissioner with an unprecedented amount of electronic data, all of which is incontrovertible. I do not think that any private citizen would have agreed to provide anyone with the amount of information that Tom was willing to reveal to the Commissioner. Tom was completely transparent. All of the electronic information was ignored; we don’t know why. The extent to which Tom opened up his private life to the Commissioner will become clear in the coming days.

The Commissioner’s decision and discipline has no precedent in all of NFL history. His decision alters the competitive balance of the upcoming season. The decision is wrong and has no basis, and it diminishes the integrity of the game.”

Strong words by Yee.

A nice appetizer for what is to come.

It didn't have to come to this.
 
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