News: It is official! Zeke suspended 6 games **merged**

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ActualCowboysFan

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Harvard,

Here's my point. These are the facts from my previous post.

1) The last DV suspension was for one game. After it was made details came out that showed over 20 instances.

2) The lead investigator is a Giants fan.

3) Many people here and elsewhere suggested that this would influence Zeke's case.

4) There are pictures of bruises.

5) The location and timing of these pictures are the only evidence discussed in the NFL's report.

6) The source of all evidence against Zeke has been shown to be willing to lie, about Zeke, regarding domestic violence.

7) The leading statement in their first defense of the suspension referred to the victim as a survivor and the eyewitness.

8) The victim only notified police after an incident that did not factor into the suspension.



To me, the only available facts are on Zeke's side. The rest is he said she said with one side proven to lie.
 

Iron_Man

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This concerns me because no 100% concrete evidence:
Ian Rapoport‏ of NFL Network noted the league told Elliott any more violations "may result in your suspension or potential banishment."

I hope all nfl players learn from this, not just Zeke.

I would think 100% concrete evidence would be required for potential banishment, but I am not sure Gooddell think this way.
 

Venger

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How can you receive a conduct suspension for conduct that predates the agreement? Is some of this alleged to have occurred post-draft?
 

Ranched

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If Elliott is indeed innocent of what he has been accused of, I hope that Thompson is held accountable for it. The legal system didn't follow through on it, but I would hope that he would civilly sue her for defamation of character.

.
He is innocent. There were no criminal charges ever filed.
The Columbus city attorney's office investigated Tiffany Thompson's allegations for more than a month before Tuesday that it will not pursue charges against Elliott because of conflicting, inconsistent information and insufficient evidence.

After announcing its decision, the city attorney's office quickly released statements from Elliott, his accuser and other people who were interviewed during the investigation. The office also released photos, a 911 call and texts messages among Elliott, Thompson and one of Thompson's friends who said Thompson told her to lie to police. The ONLY charges filed were from the NFL. What gets me so fired up is Goodell ONLY gave idiot Rice a 2 game suspension when he literally punched his fiance' in the face.

When the media got a hold of Goodell and his slap on the wrist decision on Rice, he then had Rice suspended. Criminal charges were filed against Rice. How does any of this make any sense by the NFL on Zeke. I can't stand Goodell. He's a worthless fill in the blank_______!!!!
 
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Yakuza Rich

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Language matters.; especially if he plans on taking future legal action which has been insinuated.

If you think that initial response statement was penned at the hand of Zeke himself you're naive.

There's no doubt that response was crafted or vetted by someone likely from his legal team.

I don't doubt it either.

Just saying that because he didn't say something in the exact way somebody thinks he should say it and that behavior is an indictment of him while the behavior of his accuser who LIED TO POLICE and then asked her friend to LIE TO POLICE is not the behavior that indicts her credibility is just silly and obtuse.




YR
 

Sydla

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No, the police is not the same as your job and your neighbor might be a fine analogy if you were sleeping with him/her and in a relationship, sure.

If you were sleeping with your neighbor and in an intimate relationship and 10 TV's appeared, your job can say prove you weren't involved or we'll have to let you go because we look bad if we can't offer proof to our clients, because that's what's most important to them - not your innocence.

Again, the NFL is a business, not the police.

No one is suggesting that the NFL is the police. What people are arguing is that at some level, even with all their power, should be required to at least have some level of certainty that a crime happened and that they can't willingly ignore evidence that doesn't fit their narrative. Elliott should push this as far as he can. He may lose in court but he absolutely should fight it because in the end, what the NFL did is a total travesty and once again shows that NFL players have no rights and their careers are subject to the whims of the league office and whatever PR story they want to sell that week.
 

PhillyCowboysFan

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My only concern with Zeke's defense is that none of his defense witnesses wanted to be interviewed by the NFL investigators. None of them!

That is very telling! Not in law but it screams that something just isn't right.
I ask because I don't know, but where has this been reported?

Follow link to the star telegram article. The first sentence in the last paragraph. Very interesting that supposed witnesses for him didn't want to talk.

http://www.star-telegram.com/sports/nfl/dallas-cowboys/article166812367.html
 

PhillyCowboysFan

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This is why you can't trust the NFL's word.

1. Thompson's friend, Ayran Mason, supposedly did come forward to tell of Thompson asking her to lie and being present there when Thompson was in a fight.

2. The DA had sworn affidavits supporting EE. Those are legally binding statements and carry far more weight in the world than talking to NFL investigators. I could lie thru my teeth to NFL investigators and never even have the thought of having handcuffs slapped on me. But if you get caught lying in an affidavit, it would be a very unwise move.




YR

YR you are totally right but why wouldn't they want to help Zeke and talk to the investigators. By then not doing leaves open that there statements could be perjured.
 

beacamdim

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Just to put the mail in the coffin of the notion that our recent troll is full of ****, recall him saying that fundamental fairness was subsumed by the CBA. I found this:

http://law.justia.com/constitution/us/amendment-14/52-procedural-due-process-criminal.html

Fundamental fairness is a well established legal standard where we are all guaranteed fundamental fairness in a legal proceeding as outlined by the constitution. Now I have to admit that I made a mistake in thinking that it was speaking to equal treatment as to employer's punishments but I cannot fathom how a legitimate lawyer would not know that much less claim that Goodell and the CBA Trump everything. I admit that I am not a lawyer. Please excuse my mistake.

The Constitution still trumps everything, Goodell included.

It still dug at me though. I have had experiences in my life where employers I have worked with had gotten in hot water over inequitable punishments and I can recall Doty and Nelson taking the NFL to task over it in past cases. I did some digging and I found this:



http://smallbusiness.chron.com/federal-labor-laws-regarding-discipline-termination-56444.html

That is what I thought. Anywho, the Brady Case would not have had those issues. It was within a completely different domain, game integrity vs criminal, and had no precedent. All these people saying that Zeke has no leg to stand on are not considering this facet of labor law.

The Conduct policy was amended a few years ago. bkight referenced it earlier in this thread:



I think it important to see how they defined a "disposition of a criminal proceeding"



http://static.nfl.com/static/content/public/photo/2014/12/10/0ap3000000441637.pdf

Basically if they take you to court or if you agree to a plea deal then you are subject to discipline. Zeke was never even charged nor was his case even brought before a grand jury. The DA dropped it. Arrest is never mentioned as a basis for discipline.

Now if you say to that "Goodell has the authority to do whatever he likes" then again I point to you that Federal Labor Law does not allow unequal punishment. He cannot hide behind the new conduct policy. It does not apply. He has to punish Zeke just like he punished the others without the new policy since he is not using it this time either.

Zeke has a very good case.

Dude, read the Sports Illustrated legal analysis and Fisher's tweet on Article 46. They both confirm everything I have said.

You are just wrong. You will see.
 

beacamdim

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Federal labor law prohibits unequal punishments.

Yes, and federal labor law allows private entities like the NFLPA and the NFL to voluntarily agree to the ground rules that will be used to assess fairness.

The ground rules here give Goodell the power to decide everything.

And the court has to enforce those rules.
 

toto1939

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NFL to Elliot:

We have testimony contradicting this skank and physical evidence of bruises created when you weren't around this skank, but prove that you didn't create any additional bruises when you were there. And respect skanks in the future.
 

Chuck 54

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He is innocent. There were no criminal charges ever filed!

I recognize the point you are arguing, but for the record, that's not the definition of "innocent."
Even when there is a trial and one is found "not guilty," that is not the same thing as being innocent.

Personally, I don't think for a second that Zeke is innocent. I have no idea whether or not he actually did something bad enough to to meet a legal standard of domestic violence; clearly, the prosecutor's office didn't think there was enough evidence to get a guilty verdict. But no way I think he's actually innocent or didn't violate league standards.

I can't stand Roger Goddell, but in this case, he distanced himself a bit with a panel of non-NFL people who looked at all the evidence and came to the conclusion he wasn't "innocent." Goddell is responsible for the length of the suspension, but most of us feared this all along, especially based on his other behaviors since.

I've been a Cowboys fan since 1966, and I always will be, but even though I don't approve of many ways the NFL does business or treats its employees, including head injuries, veteran treatment, and even this suspension, I refuse to defend Zeke just because he's a great player for our team. Zeke has already blown any chance to be in the same sentence as Smith and Dorsett when it comes to being Cowboy RBs, but he still has a chance to right the ship and have a long, successful career as a Cowboy. At least his apology gives me hope; now he has to prove he meant the things he said.
 

beacamdim

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Harvard,

Here's my point. These are the facts from my previous post.

1) The last DV suspension was for one game. After it was made details came out that showed over 20 instances.

2) The lead investigator is a Giants fan.

3) Many people here and elsewhere suggested that this would influence Zeke's case.

4) There are pictures of bruises.

5) The location and timing of these pictures are the only evidence discussed in the NFL's report.

6) The source of all evidence against Zeke has been shown to be willing to lie, about Zeke, regarding domestic violence.

7) The leading statement in their first defense of the suspension referred to the victim as a survivor and the eyewitness.

8) The victim only notified police after an incident that did not factor into the suspension.



To me, the only available facts are on Zeke's side. The rest is he said she said with one side proven to lie.
You are certainly entitled to your assessment of the facts. We all are.

But there is only one person under the CBA, and therefore under the law, whose facts matter. And that is Goodell.

It is a crazy system. It is inconsistent with our general sense that there need to be checks and balances.

But that won't matter for Zeke because the NFLPA gave all checks and balances away.

And that won't change until the next CBA.

The best he can hope for is that the suspension is cut back on appeal. I think there is a decent chance of that's happening, since Goodell can then argue that he exercised his authority "judiciously" and "reasonably", and considered and recognized the factual uncertainty here.
 
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beacamdim

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Falsifying evidence destroys credibility.
How can that not be crystal clear...

Lets start by signing Ray Rice!!!!!!!

That would be so I hilarious - the ultimate troll job (and if you listen to some around here I should know lol)!
 
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I'll ask again, because I don't know the answer. But where was it reported that his witnesses refused to talk to the NFL? Did the NFL rep state that?

And again, time stamped photos doesn't prove anything. I can show you a time stamped photo of my 5 year old's leg that has a massive bruise on it. You can probably put me in the room with her at some point. Using the NFL's logic, I probably beat my kid. They can put me in the room at some point with the kid, she has a bruise that might fit the time line for when she said she got a "boo boo" and because I can't explain how she exactly got the bruise, therefore, I must have beaten him.
In this scenario, if your daughter was in a hospital and doctors asked her how she got the bruises and she said Daddy hit me, you would be in a lot of trouble.

Thomson accused Zeke of beating her. The investigation decided its more likely than not he did. Right or wrong, thats all the NFL needs to suspend him. They don't need beyond a reasonable doubt, as you know.

Zeke needs to focus on getting the suspenions down to 2 or 3 games and take his medicine.
 

goshan

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In this scenario, if your daughter was in a hospital and doctors asked her how she got the bruises and she said Daddy hit me, you would be in a lot of trouble.

Thomson accused Zeke of beating her. The investigation decided its more likely than not he did. Right or wrong, thats all the NFL needs to suspend him. They don't need beyond a reasonable doubt, as you know.

Zeke needs to focus on getting the suspenions down to 2 or 3 games and take his medicine.

Agree. And he will. And Jerry won't say much more.
 
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