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

[dallasfan4lizife]

Me too Sturm. Me too.

Impressive athleticism. But this was a HB delay, and Randy didn't contain. He got baited.

 

[Stash]

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.

Yes, sorry I didn't make myself clear, I meant "potential jurors", my apologies for any confusion that may have caused.

 

[gmoney112]

The NFL operates under it's own jurisdiction, and if you aren't in the Northeastern Yankee Rotary Club meeting with the NFL office members on the reg, you're facing an uphill battle.

I'm expecting a season suspension, whether or not it's actually "justified". Has he been getting tested this entire time? I know they do more frequent testing when you're on that state in the program, and if he went to rehab, that'd probably be the weakest suspension yet.

 

[Don Corleone]

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.

They changed the testing date at the last minute per several sources.

 

[LandryFan]

Making a simple suggestion folks

Sorry, I really didn't mean to be offensive. I was simply saying that if a post number is given, then it's really easy to get there without wading through the rest of the thread. My apologies.

 

[tyke1doe]

Yes, sorry I didn't make myself clear, I meant "potential jurors", my apologies for any confusion that may have caused.

Fair enough. I always wanted to serve on a jury. But when they found out I was a reporter, they struck me. I got struck at least two times. I finally was picked for a jury, was looking forward to serving and then the defendant pleaded guilty to a lesser charge to avoid going through a trial and potentially receiving a harsher conviction.

 

[tyke1doe]

As for my opinion on the outcome, he's gone. This has happened before, where guys miss drug tests for one reason or another. I don't recall any of them winning their cases.

So long, Randy. It was good seeing what you could have been these past two games.

 

[YosemiteSam]

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.

Apples to oranges. Brady cheated and got caught cheating and destroying evidence! Gregory missed a drug test WHILE he was in rehab.

It appears now the hope for him to be eligible for the playoffs rests solely on the arguments presented at the hearing. There remains scuttlebutt the suspension was for missing a test, as well as talk the missed test occurred while he was in a rehabilitation facility.
​

They required him to be in the facility, then suspend him because he didn't show up for his test?

 

[Cowboys22]

They changed the testing date at the last minute per several sources.

How that went down is probably the center of the case. I would think he would have a good case on appeal or even to take it to court if he was in rehab, had permission to leave the facility, the league changed his test date without getting in touch with him first, and sent the tester to the rehab facility anyway. We'll know shortly I guess.

 

[LittleBoyBlue]

Catch me up please?

If he loses appeal? He is out for playoffs?

 

[DejectedFan1996]

At work, can't read through everything if you don't mind, but will we find out today if he plays in the playoffs?

 

[Stash]

Fair enough. I always wanted to serve on a jury. But when they found out I was a reporter, they struck me. I got struck at least two times. I finally was picked for a jury, was looking forward to serving and then the defendant pleaded guilty to a lesser charge to avoid going through a trial and potentially receiving a harsher conviction.

I'll let you know next time I'm called upon for jury duty! You can go in my place!

 

[Cowboys22]

Catch me up please?

If he loses appeal? He is out for playoffs?

Probably but there's also the possibility that they will take their time in deciding the outcome. People are assuming they decide yes or no right on the spot and they might but they could also wait and announce it after the playoffs.

 

[tyke1doe]

Apples to oranges. Brady cheated and got caught cheating. Gregory missed a drug test WHILE he was in rehab.

It appears now the hope for him to be eligible for the playoffs rests solely on the arguments presented at the hearing. There remains scuttlebutt the suspension was for missing a test, as well as talk the missed test occurred while he was in a rehabilitation facility.
​

They required him to be in the facility, then suspend him because he didn't show up for his test?

No, it's not apple to oranges. It's oranges to oranges.

And what I'm comparing in both cases is the Court's involvement in matters that usually don't come before the court. Organizations have a right to establish rules. The Courts are very reluctant to involve themselves in the affairs of private, non-judicial institutions. And the reasons are simple: 1.) The Courts would be tied up with hundreds of thousands of cases that should come under the jurisdiction of their organizations and 2.) The Courts' job is to rule on matters of law under its jurisdiction. So, for example, if an organization establishes a policy that all bathrooms will be unisex and an employee doesn't like it and sues, the Court is likely to toss that case because it doesn't get into matters of what kind of bathroom a business has. However, if a company decides it's only going to have a men's bathroom in doors and the women's bathroom is an outhouse in the back of the building, the Court is likely to hear that case because that involves gender discrimination.

In both cases involving Brady and this case, the issue is whether the NFL's policies are fair and if it followed its own procedures. If the Court finds that it has policy which governs the situation in front of it and that policy isn't constitutionally prohibitive, the Court will toss the case.

 

[tyke1doe]

Apples to oranges. Brady cheated and got caught cheating and destroying evidence! Gregory missed a drug test WHILE he was in rehab.

It appears now the hope for him to be eligible for the playoffs rests solely on the arguments presented at the hearing. There remains scuttlebutt the suspension was for missing a test, as well as talk the missed test occurred while he was in a rehabilitation facility.
​

They required him to be in the facility, then suspend him because he didn't show up for his test?

By the way, do you know if the NFL has a procedure for testing players in rehab?

If the NFL does not address this in its rules and policies, Gregory MAY have a case. But I doubt he does. The NFL has some of the best, high-priced lawyers in the country - as most multi-million dollar companies do. If the NFL is requiring a player to be tested while in a rehab facility, you can bet your bottom dollar that the NFL has a procedure which requires the player to accommodate the request.

With all due respect, Gregory's attempt (as described by some here) sounds childish, like my son who tries to get out of his chores by telling his mother and I he didn't hear us when we told him to clean his room before he leaves the house.

"I know I was supposed to take a drug test, but I was in rehab and couldn't get out to take it."

 

[AzorAhai]

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

Sorry, I really didn't mean to be offensive. I was simply saying that if a post number is given, then it's really easy to get there without wading through the rest of the thread. My apologies.

If you're on your phone flip it to landscape mode and the post numbers are under the post. It should be visible on PCs. Neither requires much searching once you can see the numbers.

 

[YosemiteSam]

I agree 100% except when bias it used to bypass their own rules. You cannot punish someone for something they could not do in the first place.

ie, you can't punish someone for not showing up for a drug test when your very order (must seek rehabilitation) put him in the position that prevented him from showing up for very test you are punishing him for missing.

THAT is my point.

 

[YosemiteSam]

By the way, do you know if the NFL had a procedure for testing players in rehab?
If the NFL does not address this in its rules and policies, Gregory MAY have a case. But I doubt he does. The NFL has some of the best, high-priced lawyers in the country - as most multi-million dollar companies do. If they are requiring a player to be tested in a rehab facility, you can bet your bottom dollar that they have a procedure which requires the player to accommodate the request.

With all due respect, Gregory's attempt (as described by some here) sounds childish, like my son who tries to get out of his chores by telling his mother and I he didn't hear us.
"I know I was supposed to take a drug test, but I was in rehab and couldn't get out to take it."

Are you saying Randy refused to take the drug test? They would have needed to either A) come to the facility it was in, or B) required him to come to their facility during his weekend release.

So the question is, WHEN AND WHERE was the said test scheduled?

 

[Manwiththeplan]

Impressive athleticism. But this was a HB delay, and Randy didn't contain. He got baited.

yea, I was looking at it thinking great effort, but pretty sure that was his gap...

 

[The Natural]

Sorry, I really didn't mean to be offensive. I was simply saying that if a post number is given, then it's really easy to get there without wading through the rest of the thread. My apologies.

A lot of times I'm using my phone and the post # isnt viewable unless I turn the phone sideways. Is it really a big deal if I have to turn the phone, or do a little math to get to the correct page for the post? No, probably not. Would it be really convenient if the updates were added to the Op? Absolutely, so I made the suggestion. No big deal either way.