And POOF! There Goes the NFL Complaint About The Cellphone Up in Smoke!

Fixit · Jul 28, 2015

Charlotte Pats Fan said:
The term destroyed in prolly very misleading... How about deleted ,cleansed or erased

I agree, I was just using the NFL's term, not that I know why.

Charlotte Pats Fan · Jul 28, 2015

Fixit said:
I agree, I was just using the NFL's term, not that I know why.

I know exactly why that language was used... to rile up the 31 other fan bases

AzPatsFan · Jul 28, 2015

Every time I get a new phone I have the SIM copied to preserve the rolodex of phone numbers and addresses. How come these fools have not asked if this was done?

Why was this supposedly damning revelation held until today,a dn then released under the most damning ? It is character assignation pure and simple as bad as the never corrected Mort "leak". The tame Mediots have never inquired? Are they malicious/or stupid?

I can see this enduring until Brady retires in 2 or 3 years, and operating and playing under an injunction.

skinnydog · Jul 28, 2015

Destroyed means destroyed until the Brady camp explains exactly what was done to the phone.

Patriot Missile · Jul 28, 2015

AzPatsFan said:
Every time I get a new phone I have the SIM copied to preserve the rolodex of phone numbers and addresses. How come these fools have not asked if this was done?

Why was this supposedly damning revelation held until today,a dn then released under the most damning ? It is character assignation pure and simple as bad as the never corrected Mort "leak". The tame Mediots have never inquired? Are they malicious/or stupid?

I can see this enduring until Brady retires in 2 or 3 years, and operating and playing under an injunction.

I totally agree on the assassination part. It just never fails with these fools. Every major stepping point of this farce hs been met with defamation.

ANGR89 · Jul 28, 2015

The more im thinking why does the phone thing matter so much? I don't believe they offered Brady to just give them texts relating to the deflategate, that they didn't need his physical phone because even if Brady had something on the phone that made him look guilty (just playing devils advocate I don't think he did) wouldn't he just give them random texts since they don't have the physical phone they would have no idea what he was omitting. Again I don't think they offered this exact scenario and regardless even if they did and he gave it to them they would still find a way to make him look guilty by saying he did give us texts but we never saw the phone, I'm sure that would be leaked. Never would they report he complied completely with what they asked.

Charlotte Pats Fan · Jul 28, 2015

Gotta love a league that goes after one of their marquee players with no regard to the truth. When B and B are done , I'm done with the WWE, err NFL. **** them

JMC00 · Jul 28, 2015

ANGR89 said:
The more im thinking why does the phone thing matter so much? I don't believe they offered Brady to just give them texts relating to the deflategate, that they didn't need his physical phone because even if Brady had something on the phone that made him look guilty (just playing devils advocate I don't think he did) wouldn't he just give them random texts since they don't have the physical phone they would have no idea what he was omitting. Again I don't think they offered this exact scenario and regardless even if they did and he gave it to them they would still find a way to make him look guilty by saying he did give us texts but we never saw the phone, I'm sure that would be leaked. Never would they report he complied completely with what they asked.

Even if Brady did give wells the phone on March 6th he would have just spun it someway that Brady could have deleted anything relevant and would have came to the same conclusion.

Charlotte Pats Fan · Jul 28, 2015

ANGR89 said:
The more im thinking why does the phone thing matter so much? I don't believe they offered Brady to just give them texts relating to the deflategate, that they didn't need his physical phone because even if Brady had something on the phone that made him look guilty (just playing devils advocate I don't think he did) wouldn't he just give them random texts since they don't have the physical phone they would have no idea what he was omitting. Again I don't think they offered this exact scenario and regardless even if they did and he gave it to them they would still find a way to make him look guilty by saying he did give us texts but we never saw the phone, I'm sure that would be leaked. Never would they report he complied completely with what they asked.

NFL is just being cute. Fed court will kick their butts

NashuaPats · Jul 28, 2015

STLRAMBRINGER said:
yea except for the fact, they never asked for his pictures. They asked for him to show him texts between him and the ball boys. Thats it. thats the only thing they asked for.

I again will say, i was on bradys side until today.

What on Earth is the point of him showing texts to the ball boys when Wells already had it?

This is just pure deception from the league and Wells. Wells asked for the relevant texts and if Brady gave them to him, Wells would still have pointed out that Brady did not cooperate as Goodell is doing now. Yee made this point two months ago.

manxman2601 · Jul 28, 2015

I'm not an aficionado of the law but this seems troublesome:

Specifically, the duty to preserve potentially relevant evidence may arise before the filing of a lawsuit if it is reasonably foreseeable that a lawsuit will be filed. It does not matter if the individual or organization is the initiator or the target of litigation, as the common law duty to preserve evidence arises at the moment that litigation is reasonably anticipated. The situation can arise, for example, if an individual or an organization plans to initiate litigation, a potential defendant receives a demand letter, a company learns that a former employee is seriously contemplating a lawsuit, or if an event or other circumstance would reasonably put an organization or an individual on notice that a lawsuit is likely to be filed.

In Brady’s case, his or the NFLPA’s attorneys will have to argue that litigation was somehow not reasonably foreseeable or anticipated despite every sports show talking head predicting that this situation would end up in court from the first day of the scandal. It seems highly implausible that a reasonable person in Brady’s situation would not foresee litigation and not think to preserve a cellphone after receiving multiple prior requests for it.

Since Brady purposefully instructed his assistant to destroy his phone on the same day of his interview with Ted Wells, I would fully expect the NFL to seek spoliation sanctions. These sanctions can include the outright dismissal of a case, monetary penalties, or the dreaded adverse inference jury instruction. This means that if Brady or the NFLPA sues the NFL, the judge could instruct a jury that they are allowed to draw an inference that the evidence contained in Brady’s phone would have been unfavorable to his case.

http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663

ANGR89 · Jul 28, 2015

BradyFTW! said:
They already HAVE all texts between Brady and Jastremski/McNally.

The funny thing about texts is that they show up on both the sender's and receiver's phone.

This is the part I dont get the most! They say they want the texts between him and them. Well you can certainly see both responses of texts on my phone! So while the whole "destroying " it thing looks bad I would think they have already seen the texts their claiming Brady was trying to hide.

skinnydog · Jul 28, 2015

ANGR89 said:
The more im thinking why does the phone thing matter so much? I don't believe they offered Brady to just give them texts relating to the deflategate, that they didn't need his physical phone because even if Brady had something on the phone that made him look guilty (just playing devils advocate I don't think he did) wouldn't he just give them random texts since they don't have the physical phone they would have no idea what he was omitting. Again I don't think they offered this exact scenario and regardless even if they did and he gave it to them they would still find a way to make him look guilty by saying he did give us texts but we never saw the phone, I'm sure that would be leaked. Never would they report he complied completely with what they asked.

I'm in the Brady camp on all of this, but destroying the phone was dumb, dumb, dumb. Anyone with even the most cursory understanding of legal proceedings or PR would have recognized you don't destroy the phone.

Charlotte Pats Fan · Jul 28, 2015

ANGR89 said:
This is the part I dont get the most! They say they want the texts between him and them. Well you can certainly see both responses of texts on my phone! So while the whole "destroying " it thing looks bad I would think they have already seen the texts their claiming Brady was trying to hide.

The term " Destroying" has been used by the NFL to enrage the 31 other Fanbases

NashuaPats · Jul 28, 2015

ANGR89 said:
The more im thinking why does the phone thing matter so much? I don't believe they offered Brady to just give them texts relating to the deflategate, that they didn't need his physical phone because even if Brady had something on the phone that made him look guilty (just playing devils advocate I don't think he did) wouldn't he just give them random texts since they don't have the physical phone they would have no idea what he was omitting. Again I don't think they offered this exact scenario and regardless even if they did and he gave it to them they would still find a way to make him look guilty by saying he did give us texts but we never saw the phone, I'm sure that would be leaked. Never would they report he complied completely with what they asked.

It was never about the phone, it was just a trick to make Brady look guilty. It was never about the psi levels either. Just look at how they paid Exponent to massage that and how easily they dismissed Anderson's recollection of which gauge he used. It's such b.s.

upstater1 · Jul 28, 2015

Palm Beach Pats Fan said:
It would not be practical to track down a few people to get their consent to read their personal communications, but it would be practical to look at them without their consent and without having us do any work

gotcha, Roger

This is precisely what Wells asked for. Bill Polian said it today on ESPN. They gave Goodell what he wanted.

ANGR89 · Jul 28, 2015

skinnydog said:
I'm in the Brady camp on all of this, but destroying the phone was dumb, dumb, dumb. Anyone with even the most cursory understanding of legal proceedings or PR would have recognized you don't destroy the phone.

I'm with you on the destroying it not being very smart, I have no idea what would make him thunk this was a good idea that's why I wish he would clarify what it all means.

Bobsyouruncle · Jul 28, 2015

If Brady gave him his phone they would have asked for his computer. If Brady gave them his computer they would have asked for his assistant's phone. On and on, until they finally were told no, then whatever was refused proves no cooperation. They would have just used more out of context stuff to spin with the same no cooperation accusation.

AzPatsFan · Jul 28, 2015

Observer said:
Brady should never be turning over his phone without court order. But destroying the phone on the day of meeting Wells and then admitting to it is a colossally bad PR move. You have to try hard to convince yourself that he wasn't hiding something.

There is no evidence that the phone was destroyed on that date. There is no evidence that the SIM was not copied. There is ample evidence that information that the calls to Jastremski et al were offered under the rules of evidence, a Court would control under the rules of Discovery. Instead this information was released on the eve of Training Camp after months of character assignation, in the most malicious manner possible.

obgod3 · Jul 28, 2015

Well hope no one is watching national news becuase the headline is "destroying evidence"

And POOF! There Goes the NFL Complaint About The Cellphone Up in Smoke!

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