Twitter: Update: Gregory appeal hearing is going forward in NY today - Post #135

zack

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I've heard these "missed test" excuses in the past and they never work. I have a feeling it's a heck of a lot harder to miss a test than many of these players make it out to be, given how harshly the league treats missed tests. I don't think it's a matter of simply missing Randy as he was walking out the door. I could be wrong. Hope I'm wrong and he wins the appeal because he would be damn valuable come playoff time.

Bell (Steelers) missed a test and his suspension was reduced by a game. I think originally he was suspended for 4 games and got it reduced to 3. Who knows what to think of all of this stuff???
 

Don Corleone

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Can't believe the league would be so reckless as to have Gregory testify w/o representation. My guess would be that they've already determined that they won't suspend him, and they're just going through the motions.

There is also a rule in the NFLPA that states he has to wait a mandatory 5 days before hiring a new agent. But that is if he fires the agent. Not sure about the vice versa as his agent actually fired him.

This is completely wrong on the league's part. Gregory can and should take this to Supreme Court if they suspend him.
 

Cowboys22

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Can't believe the league would be so reckless as to have Gregory testify w/o representation. My guess would be that they've already determined that they won't suspend him, and they're just going through the motions.

He will have representation from the nflpa and possibly any lawyer that he may have already retained through his previous agent. What he doesn't have is his agent who acts as his #1 advocate and counsel. He would be at a significant disadvantage to have a full hearing on this matter with so much at stake and not have his agent present to offer advice and make sure he was treated fairly.
 

MrPhil

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So this woman is incapable of being fair and impartial because she is a fan of a football team? That's just tinfoil hat stuff.

Seems to me that the question is not whether she is capable, the question is whether she has actually been fair and impartial. Based on a casual observer's view point, it seems that the Giants kicker got an extremely lenient punishment for some pretty egregious behavior towards his wife when compared to other DV cases. So, is that just a coincidence?
 

cowboys2233

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I hope so because suspending him for missing a drug test (NFL considers missing a drug test a failed drug test) while he was in a rehab won't fly in a court of law. (this is where I heard he was during the missed test)

The reasoning I've heard so far just doesn't make sense. If the man is allowed to leave the rehab center during the weekend, why the F would the NFL tester show up there on the weekend to administer the test?? How would that be any different than just showing up in ANY random place and say "nope, Randy isn't here, he fails!"
 

tyke1doe

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I hope so because suspending him for missing a drug test (NFL considers missing a drug test a failed drug test) while he was in a rehab won't fly in a court of law. (this is where I heard he was during the missed test)

What does the law have to do with it? Unless the NFL violated its own policy somehow, the courts won't/shouldn't interfere.
 

YosemiteSam

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What does the law have to do with it? Unless the NFL violated its own policy somehow, the courts won't/shouldn't interfere.

Yes they can. If they are showing bias by treating someone unfairly, yes they can.
 

Seven

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The reasoning I've heard so far just doesn't make sense. If the man is allowed to leave the rehab center during the weekend, why the F would the NFL tester show up there on the weekend to administer the test?? How would that be any different than just showing up in ANY random place and say "nope, Randy isn't here, he fails!"
If that's the truth then it is beyond sucks.....it blows.

My question is why didn't Randy just take a test and say "Here ya go" if he missed it.

I mean, pee in a cup and take it TO the NFL.............
 

LandryFan

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Hey mods, whenever there is an update can you guys just add it to the OP itself instead of amending the title with a post number? so we dont have to sift through the thread looking for it, just a suggestion
If they give the post #, you shouldn't have a problem finding it right away. There are 20 posts per page. You shouldn't have to sift through anything to get to it.
 

tyke1doe

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Tell it to the judge! ;)

People are dismissed from juries for far less each and every day.

Conflict of interest is never "tin foil hat" stuff and should never be taken lightly.

They are? During the voir dire process they are (but they're not jurors then, just potential jurors). But I'm not familiar with jurors being dismissed for any reason at all, and I've covered dozens of court cases.

Usually, prosecutors and defense attorneys pick more jurors than they need and at the end of a trial, they will strike those jurors who are unnecessary to get to the requisite number before jury deliberation. Unless my experience in court is not exhaustive, I don't know of any situations where a judge dismisses a juror without cause.

Having said that, I agree with you with respect to conflict of interest. I understand Abebeta's point about professionalism and tend to side with him about these "conspiracy theories." But if this woman was as loyal to the Giants as having a shrine to them in her residency (I don't know the veracity of this claim so I'm taking your word), then YES, I would be very disturbed if she is making any ruling or decisions in this case.
 

phildadon86

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I've heard these "missed test" excuses in the past and they never work. I have a feeling it's a heck of a lot harder to miss a test than many of these players make it out to be, given how harshly the league treats missed tests. I don't think it's a matter of simply missing Randy as he was walking out the door. I could be wrong. Hope I'm wrong and he wins the appeal because he would be damn valuable come playoff time.
It worked for Bell. Got 3 games and not even a tick against him. So if he misses or fails another its like his 2nd offense not 3rd
 

Cowboys22

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The reasoning I've heard so far just doesn't make sense. If the man is allowed to leave the rehab center during the weekend, why the F would the NFL tester show up there on the weekend to administer the test?? How would that be any different than just showing up in ANY random place and say "nope, Randy isn't here, he fails!"

A player in the program is supposed to keep the nfl informed about where they will be at all times. He could have permission from the facility to leave but if he didn't tell the NFL where he would be, he doesn't have a case. If he did tell them and they dropped the ball and went to the facility anyway, then I think he has a case.
 

tyke1doe

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Yes they can. If they are showing bias by treating someone unfairly, yes they can.

But that can ONLY be established IF the NFL is not following its own policy. The Court is reluctant to get involved in disputes of this nature. The only way the Court would get involved is if the NFL had a rule that said XYZ and the NFL violated its policy of XYZ. That's it.

In fact, in Tom Brady's case against the NFL, the Second U.S. Circuit Court ruled against him saying, "We hold that the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness."

The only interest the Court would have is if the NFL violated its own policies. If NFL policies establish a protocol for taking drug test and those policies cover what happens in the case of a player missing tests and if Gregory violated the NFL's protocol, any case he would appeal to a court would be summarily dismissed.
 
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