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Great points about Deflategate by lawyer Paul Izzo


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NashuaPats

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Here's one of his points that is well thought out.


"7. Much has been made of Brady's refusal to turn over his cell phone. The suggestion has been made that Brady, obviously, had something to hide and that it related directly to the entire business about deflating footballs. And the suggestion that Brady must have been hiding something is strengthened, critics claim, by the fact that Brady refused to produce self-selected texts addressing just the issue of deflated footballs.

In my judgment, based on my years of experience as an attorney, my belief that this part of the story represents a clever legal maneuver by the wells legal team. Wells new, for several weeks, that Brady had refused to produce his phone for examination. Very late in the process, he made another request for the phone, probably because he knew that the request would be declined a second time. Bradys declination, however, for the wells and important opening-it would give him the opportunity to claim that the refusal to turn over the phone was, in and of itself, proof on Bradys part of consciousness of guilt. Now, I can tell you that in an ordinary legal proceeding, That would've been a lot of arguing over whether the refusal to produce the phone could be presented to the Jury as evidence that Brady had done something wrong. But in the court of public opinion, no opportunity was given to Brady to keep that fact from being disclosed. This allowed Wells to get out in front of the issue, and paint Brady and someone hiding the truth before Brady even had a chance to defend his decision and argue that his failure to produce text messages, in any form, was a relevant given the absence of other direct evidence against him."
 
Interesting. Wish Brady's agent pushed that point more about the phone. Does the CBA actually say anything about it one way or another?
 
I don't blame him one bit. I will try to put myself in Brady's shoes. I am famous, my wife is famous, and I try to keep my kids out of the tabloids. I can give my phone to an organization that is notorious for leaking any and all information and that can not under any circumstances guarantee that my information will be kept secret.

It's the biggest no brainer in the history of Earth. Even though I'd be fighting all the way to clear my name - this would easily be the line in the sand. It's just not worth it to have my phone in the hands of people who are paid to destroy me....
 
Interesting. Wish Brady's agent pushed that point more about the phone. Does the CBA actually say anything about it one way or another?

Yes and no. Keep in mind there was a PR war going on in May and imo if Yee started down the road of saying, "if this was a court..." that could make things worse than the explanation he gave (anything we gave them would have been met with skepticism).

I thought was the right approach personally.
 
I don't blame him one bit. I will try to put myself in Brady's shoes. I am famous, my wife is famous, and I try to keep my kids out of the tabloids. I can give my phone to an organization that is notorious for leaking any and all information and that can not under any circumstances guarantee that my information will be kept secret.

It's the biggest no brainer in the history of Earth. Even though I'd be fighting all the way to clear my name - this would easily be the line in the sand. It's just not worth it to have my phone in the hands of people who are paid to destroy me....
your famous? so am i.
 
I don't blame him one bit. I will try to put myself in Brady's shoes. I am famous, my wife is famous, and I try to keep my kids out of the tabloids. I can give my phone to an organization that is notorious for leaking any and all information and that can not under any circumstances guarantee that my information will be kept secret.

It's the biggest no brainer in the history of Earth. Even though I'd be fighting all the way to clear my name - this would easily be the line in the sand. It's just not worth it to have my phone in the hands of people who are paid to destroy me....
100% agree. You might also remember an interview the former Dolphins OL coach did about Ted Wells and he himself said Brady made a very wise choice not to hand over such a personal item to someone like Wells.
 
And keep in mind that Brady is also a players' rep, if I remember correctly. Can you imagine if he had texts from players with an issue or complaint how the NFL would have used those in the future against a player? That phone was his personal property. An employer cannot demand that it be turned over for any reason without a subpoena, which they never would have gotten because it would have been deemed a fishing expedition.
 
One think to keep in mind. The texts they got from the Dorito Dinks was not actually on their phone as text messages. They were deleted texts that were forensically recovered by a firm that specializes in that. Wells could argue that he is looking for texts from Brady that do not show up on the Dink's phone as they were deleted and could not be recovered.

I do wonder why Brady did not simply say, since Wells claims they could have only given texts that applied to the investigation and not have to physically turn over the phone, "I don't keep old texts. Anything to these 2 guys is long since erased so I have nothing to turn over."

Edit - I just read the whole article and the last set of points answers my question.
 
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One think to keep in mind. The texts they got from the Dorito Dinks was not actually on their phone as text messages. They were deleted texts that were forensically recovered by a firm that specializes in that. Wells could argue that he is looking for texts from Brady that do not show up on the Dink's phone as they were deleted and could not be recovered.

I do wonder why Brady did not simply say, since Wells claims they could have only given texts that applied to the investigation and not have to physically turn over the phone, "I don't keep old texts. Anything to these 2 guys is long since erased so I have nothing to turn over."

Where did you read the texts from Dorito Dinks were "forensically recovered"?

This is the first time I have read about that, maybe I missed it being said earlier.
 
Where did you read the texts from Dorito Dinks were "forensically recovered"?

This is the first time I have read about that, maybe I missed it being said earlier.

I was wrong on a point - McNally never turned over a phone only copies of text messages as it was his personal phone.
From Page 29, 30 and 77 of the Wells Report:

Text Messages and Call Logs. The NFL retained Renaissance Associates, an investigative firm with extensive forensic expertise, to retrieve data (including text messages, contact information and telephone call logs) from the Patriots-provided mobile phones of certain Patriots personnel. These mobile phones were provided directly to Renaissance Associates by the Patriots.5 The Patriots also provided copies of select text messages and a call log retrieved from Jim McNally‟s personal mobile phone, which had not been provided to Renaissance Associates

5 On January 21 and 22, 2015, Renaissance Associates collected from counsel for the Patriots the Patriotsprovided mobile phones used by John Jastremski, Brenden Murphy, Zach Struck, Dave Schoenfeld and Berj Najarian. Renaissance created forensic images of the phones for the purpose of extracting data concerning electronic communications made or received using those phones. Unless otherwise indicated, the information about text messages and phone calls presented in this Report consists of data retrieved from Jastremski‟s phone. In certain instances, the information concerning the timing of text messages or length of phone calls retrieved from Jastremski‟s phone, as cited in this Report, differed by up to 30 seconds from information provided by the Patriots regarding Jim McNally‟s phone. We do not view these differences as material to this Report and do not list them herein.

According to Renaissance, the recipient cannot be identified (and is referenced as recovered-19) because these messages had been deleted, but were still partially recoverable by the forensic tools used to image Jastremski‟s cell phone. Although Renaissance was able to retrieve limited information about certain deleted messages from Jastremski‟s phone, the contact information could not be fully recovered. In addition, Renaissance was unable to determine with certainty when the recovered messages were deleted or whether there were other relevant deleted messages (i.e., deleted messages that left no recoverable information at all).
 
As good as this was I cant even read any more about this subject. It's disgraceful and just proved what a corrupt joke the NFL and most of this country is.
 
Does Goodell and his SS Stormtroopers have the authority to search a players home?
Does Goodell and his propaganda-ists have the authority to search a player's vehicle?
Are cell phones the only personal property Goodell and his fleet of legal mercenaries can legally seize under the collective bargaining agreement?
 
The funny thing is you hear people who trash Brady for not turning over his phone say that if they were in the same position, they would never turn over their phone.
 
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One legal point missed.
If your accuser is an admitted pill-popping-junkie, the credibility and motive of the accuser need be called into question.
The NFLPA should have been screaming for a urine sample from Irsay the day these accusations came out.
On Day 1 of Brady's court action vs the NFL, I am calling this man to the stand
upload_2015-7-26_12-3-56.jpeg

Next, Brady's attorney needs to confront Steve Bisciotti
images
upload_2015-7-26_12-14-24.jpeg

....and explore to what extent Bisciotti interjected himself in the liberations of Ray Lewis and Ray Rice.
"Is it not true Mr. Bisciotti that. in the past, you have moved heaven and earth to advance the fortunes of your football team?"
 
It's funny that Rice admitted that Bisciotti tried to bribe him with a job. He was the perfect dirt bag to buy the Ravens.
 
One legal point missed.
If your accuser is an admitted pill-popping-junkie, the credibility and motive of the accuser need be called into question.
The NFLPA should have been screaming for a urine sample from Irsay the day these accusations came out.
On Day 1 of Brady's court action vs the NFL, I am calling this man to the stand
View attachment 9746

Next, Brady's attorney needs to confront Steve Bisciotti
images
View attachment 9747

....and explore to what extent Bisciotti interjected himself in the liberations of Ray Lewis and Ray Rice.
"Is it not true Mr. Bisciotti that. in the past, you have moved heaven and earth to advance the fortunes of your football team?"
Doesn't it make your stomach turn to see that drunken bum Irsay, living a lavish lifestyle. No offense to the drunken bums out there, but that guy never lifted a finger to earn a living in his life. Handed on a silver platter . What a dirt bag. Enjoy, Colts fans. Losers
 
Yes and no. Keep in mind there was a PR war going on in May and imo if Yee started down the road of saying, "if this was a court..." that could make things worse than the explanation he gave (anything we gave them would have been met with skepticism).

I thought was the right approach personally.

Many people assume that if you do not "cooperate" then you are guilty when the actual reality is that you should never hand over free information without representation. There is a way to properly "cooperate" with lawyers and police officers which in the end protects both parties.

I am sure that Brady's lawyers told him not to turn over his phone which, if they did, turned out to be incredibly good advice after seeing how Wells spun a story out of the text messages and timelines from both the ball handler's phones.

Saw this video on youtube awhile ago and thought it was interesting. By the way I am not one of those who play stupid legality games with law enforcement officers. I respect police officers for what they do.

 
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