Questions about Zeke's Appeal

[casmith07]

Those cases wouldn't be precedent as those instances occurred before the DV policy was put in place.

Legal precedent, no (and they're not legal precedent anyway in a collectively bargained league), however:

I mean precedent in the colloquial sense, which is using previous similar instances as persuasive evidence in arguing to a judge for a particular outcome. I assumed that most people here can read context, but I'll be much more careful with my words and treat them as if I'm writing the complaint my damn self at this point.

 

[casmith07]

I agree that the NFL will cut the suspension in half. However, if I'm innocent, there's no way I'm serving a three game suspension just because the number of games I'm out is insignificant. If Zeke does serve the suspension, he's guilty, and I have no respect for him.

I think having no respect for him over something as ridiculous as a moderate suspension is a bit extreme.

 

[Kevinicus]

Legal precedent, no (and they're not legal precedent anyway in a collectively bargained league), however:

I mean precedent in the colloquial sense, which is using previous similar instances as persuasive evidence in arguing to a judge for a particular outcome. I assumed that most people here can read context, but I'll be much more careful with my words and treat them as if I'm writing the complaint my damn self at this point.

It wouldn't be compelling in any sense since they were different circumstances with different policies in place and diffefent reasons for the various punishments and rulings. The distinctions are clear.

 

[Tenkamenin]

I think having no respect for him over something as ridiculous as a moderate suspension is a bit extreme.

It's not the moderate suspension that's my concern, it's the fact that he's serving it as a domestic abuser.

 

[ElGatoGrande]

Yes, you can get an emergency injunction in 1 day if you have a strong case and can show irreparable harm.

I think that's the key to everything,,, "irreparable harm",,, the NFL is prepared to tag and punish this man as guilty of an ugly crime despite reasonable doubts. These are not minor accusations, the NFL punishment isn't minor, and the long term damage to the player is far from being minor and is probably irreparable. I don't see how they can justify levying these judgements without incontrovertible proof.

 

[punchnjudy]

Will she have to face cross-examination during the appeal?

If not, and they decide to sue the league, why not also sue her? If Elliott is innocent, I feel like she might crack at the prospect of having to testify under oath in a court of law and have trained attorneys go after her. And then you don't settle unless she redacts her statement to the league, which leaves them with no justification for a suspension. I'm not an attorney; that's just what I would be asking if I were falsely accused.

 

[casmith07]

It wouldn't be compelling in any sense since they were different circumstances with different policies in place and diffefent reasons for the various punishments and rulings. The distinctions are clear.

You a lawyer?

 

[Nightman]

The NFL is required to hear the appeal within 10 days. However there is no timetable for them to rule.

they were required to set a date for the appeal within 10 days but for Brady it took them a month before they actually heard it

if I was repping Zeke I would push for a postponement for a few weeks to get more witnesses together

 

[Cowboys22]

I think that's the key to everything,,, "irreparable harm",,, the NFL is prepared to tag and punish this man as guilty of an ugly crime despite reasonable doubts. These are not minor accusations, the NFL punishment isn't minor, and the long term damage to the player is far from being minor and is probably irreparable. I don't see how they can justify levying these judgements without incontrovertible proof.

I agree however I think that Josh Brown receiving 1 game due to mitigating circumstances is going to be a very big factor. He was an admitted abuser and got 1 game. Zeke is claiming innocence and has exculpatory evidence and gets 6 games. If I'm Zeke's attorney, I play this up as much as I can. What were the mitigating circumstances? Was it because he was a Giant and the decision maker is a Giants season ticket holder? Was it because he was white? Also, if I'm the judge, I think I make the NFL explain to me the disparate treatment of the two players before I allow any punishment to occur.

 

[casmith07]

I agree however I think that Josh Brown receiving 1 game due to mitigating circumstances is going to be a very big factor. He was an admitted abuser and got 1 game. Zeke is claiming innocence and has exculpatory evidence and gets 6 games. If I'm Zeke's attorney, I play this up as much as I can. What were the mitigating circumstances? Was it because he was a Giant and the decision maker is a Giants season ticket holder? Was it because he was white? Also, if I'm the judge, I think I make the NFL explain to me the disparate treatment of the two players before I allow any punishment to occur.

Nope. Take a look around at all of the armchair attorneys around here - Zeke has literally no argument and none of those things matter at all. 6 games - he should be lucky! Should've been suspended for life! /ZoneExperts

 

[Nightman]

It's not the moderate suspension that's my concern, it's the fact that he's serving it as a domestic abuser.

Leveon Bell had them settle on 3 games instead of 4 but he had his progressive punishment reset to 2 games.... his next suspension will be 4 games instead of 10

Zeke needs the same deal ................if something else happens he can't face banishment like they warned... he needs to get reset or it is worth fighting

 

[Nightman]

I agree however I think that Josh Brown receiving 1 game due to mitigating circumstances is going to be a very big factor. He was an admitted abuser and got 1 game. Zeke is claiming innocence and has exculpatory evidence and gets 6 games. If I'm Zeke's attorney, I play this up as much as I can. What were the mitigating circumstances? Was it because he was a Giant and the decision maker is a Giants season ticket holder? Was it because he was white? Also, if I'm the judge, I think I make the NFL explain to me the disparate treatment of the two players before I allow any punishment to occur.

The abuse with JBrown happened at the ProBowl hotel rented by the NFL.... NFL security was there to remove Brown..... it is absurd he got 1 game...... he is a serial abuser and should be banned.... he is the real bad guy

 

[Cowboys22]

The abuse with JBrown happened at the ProBowl hotel rented by the NFL.... NFL security was there to remove Brown..... it is absurd he got 1 game...... he is a serial abuser and should be banned.... he is the real bad guy

That is what I'm talking about. They didn't even need an investigation. They had league personnel that were basically witnesses, had to physically separate him from his wife, and he admitted to abusing her. What mitigating circumstances could justify knocking 5 games off his punishment? Why are those circumstances being kept secret? I'm bringing all this up in court and if I'm a judge, I want the answers from the NFL before I allow a punishment of Zeke.

 

[Kevinicus]

You a lawyer?

No, but I can read, analyze, and apply logic and reasoning.

 

[Kevinicus]

Nope. Take a look around at all of the armchair attorneys around here - Zeke has literally no argument and none of those things matter at all. 6 games - he should be lucky! Should've been suspended for life! /ZoneExperts

Yep, most of them probably also rightly said that Brady didn't have a good case and would lose as well. There are very few arguments that Zeke can make, and most of those would be very difficult to prove.

 

[jday]

1) If, after the NFL's appeals process for Elliott is complete, and Elliott's camp is unsatisfied with the result, they can seek a temporary injunction to basically put the suspension "on hold" while the issue is litigated in federal court. This would be similar to the route that Tom Brady took, where he played all 16 games the previous year, but eventually lost to the NFL in appellate court and served the 4-game suspension last September.

2) I think that it's most likely that the suspension is halved in an attempt for the NFL to show it's "tough" on domestic violence up front, but that it has a "fair" appeals process. I think anything less than 3 or 4 games after appeal is probably too optimistic.

If they offered 2 games to put it behind him versus attempting to have it completely removed over litigation that would be a distraction throughout this year, I'd lean towards taking the 2 and running with it.

You?

 

[casmith07]

If they offered 2 games to put it behind him versus attempting to have it completely removed over litigation that would be a distraction through this year, I'd lean towards taking the 2 and running with it.

You?

I would agree if they didn't do the other stuff that they've done.

In a vacuum, where there was no public outcry, etc., sure -- 2 games is nothing, and you move on.

But with everything that's been made public, and then the NFL's absurd public statement that the Union responded to - absolutely not. I'm going full bore to clear my name.

 

[jday]

I would agree if they didn't do the other stuff that they've done.

In a vacuum, where there was no public outcry, etc., sure -- 2 games is nothing, and you move on.

But with everything that's been made public, and then the NFL's absurd public statement that the Union responded to - absolutely not. I'm going full bore to clear my name.

That's a really good point and I could certainly understand why Zeke would take more issue with the accusation over the amount of games they are asking him to miss. They have dubbed him a womanbeater. That changes the nature of this case considerably, so, yeah, I could see why he would fight this all they way through. I just can't wait for the day that we can put this otherwise ridiculous conversation behind us.

 

[ABQCOWBOY]

The question I would have is, why would you want him to server suspension later? Later could be the end of the season or the playoffs. No, I hope it's games 1 thru 6, or less if the appeal reduces that number.

 

[Cowboys22]

If they offered 2 games to put it behind him versus attempting to have it completely removed over litigation that would be a distraction throughout this year, I'd lean towards taking the 2 and running with it.

You?

I'd take the two games but the league would have to issue a statement taking back their finding of guilt for DV and impose the two games for simple misconduct and they would have to allow the team to chose which two games he will serve by delaying the announcement until the team chooses allowing him to play until then.