Zekes accuser not required to be at hearing

[zekecowboy]

Daniel Wallach: "The NFL just gave Elliot a chance to have the suspension voided by court by not giving him access to his accuser, or provide notes from her interviews

 

[rynochop]

Invite her anyways. Pay her off with money to come and tell the truth.

She's willing to do anything for money it seems. So pay her to tell the truth. Pay her to tell the NFL she made all of this up and that she lied to get money from Zeke.

I'd love for this to happent.

That's what I was thinking too, that would be hilarious. It would be like the scene in the Godfather at the senate hearing against Michael corleone.
What's stop Zeke or Jerry floating her a quarter mil or so and come say her conscience got the better of her? Well maybe lying in a police report

 

[Texas_Pete]

Can anyone validate this:

 

[waldoputty]

actually think this is in zeke's favor.
all the fake crying and acting stuff would not be good.
this way the lawyers can attack away.

 

[Jstopper]

the NFL has said they have heard all the testimony and thoroughly reviewed the evidence. They said they will only discuss new evidence. I suspect the focus will be Zeke's team trying to reduce the suspension as compared to prior suspensions, and not rehashing his guilt or innocence.

I think it could be reduced to 4 games or so, but won't be shocked if it stays the same.

And I am confident it won't go to court.

And I am confident you are wrong.

 

[ActualCowboysFan]

And I am confident you are wrong.

I'm incontinent

 

[ksg811]

Can anyone validate this:

1. Not really. The NFL doesn't have to make her available. This isn't a legal proceeding, they have no subpoena power to force her to testify. She has every right to tell them to pound sand.

2. This is a big issue - spoliation of evidence. They don't have to make the accuser available, but they do have to provide transcripts and any related documents. Withholding of evidence works in Zeke's favor, even in the NFL's favoravlble state of NY and the 2nd circuit.

 

[csirl]

Can anyone validate this:

Theres no right to confront in a civil or quasi civil situation.

P.s. Thompson isnt a party to the hearing. Its NFL v Zeke.

 

[ConstantReboot]

Number 2 is the bigger avenue. They could argue it but there is also a high likelihood that she wouldn't come forth anyway. She would have no legal binding to attend.

With the information, that would be like prosecutors withholding key evidence in a murder trial. The crux of the evidence used in the decision to suspend Zeke was the accuser's testimony. Disallowing those notes and info is withholding key evidence. This should be the focus once this hits the court system.

How can someone who is accused know what they are accusing him of? Its like saying you molested a kid and your guilty. However, we can't show you the evidence because we don't want to.

This charade game by the NFL sounds silly to me. I'm sure it will go to court if Zeke doesn't take a lesser suspension. He shouldn't. I think he will get a better outcome in court than this silly mind games that NFL is playing.

 

[casmith07]

A few grains of salt for the masses to sprinkle on all this red meat.

My Lawyer Thought: The NFL does not have subpoena power, so they cannot compel her to appear at the hearing.

My Personal Thought: she's already accomplished her goal of putting Zeke in a bind, so she got what she wanted. Why show up even if asked?

 

[Reverend Conehead]

I don't think the NFL could force her to testify. I think only the courts could do that.

Another reason why this stuff should be handled by the courts, not the NFL. The NFL should let the courts do their jobs and then should only suspend someone if found guilty in a court of law. That's what they should do. But it's not what they will do.

 

[erod]

On second thought, to be fair to the girl, what is in this court hearing for her?

This is about a suspension by the NFL for six games. This doesn't affect her either way.

She shouldn't be cross-examined by an NFL court to decide if Zeke gets a reduction in his suspension.

 

[Everson24]

No way.

This was about PR plain and simple and they've gotten a lot of positive commentary from the anti-abuse crowd. If they cut it to one or two games, they'd be admitting it wasn't DV and the anti-abuse groups would go crazy.

They are going to make a court issue against them. I can guarantee that they already have their filing papers written up and as soon as Henderson issues his ruling, the league office will have their attorneys file in NYC and a favorable court for them.

I agree this is all about PR. It is no coincidence that they chose high profile players from the two most hated teams in the NFL to get their message out there. They knew that the NFL would have the support of the entire NFL fan base minus the Patriots and the Cowboys and they would also get the approval of most of the other owners as well.

The NFL knew they wanted Zeke and they investigated him for 13 months to make sure they got him.

 

[bsbellomy]

the appeal will be upheld and this will go to court and the suspension will be thrown out. The NFL cant be seen to go soft on DV cases so they basically went and made themselves look incompetent instead of looking soft.

The case won't be did he do it or not, the case will be did the NFL overtsep the rights provided them in the agreement they have with the players union. They can't sue for bad decisions, only did they have the right to make them. I can't see a win in any scenario there.

 

[ConstantReboot]

Yes, RXP is correct.

Any court case will be about the NFL violating Zeke's rights. The CBA does limit the players rights and the courts do recognize the CBA as a legit contract.

It is possible that a court could subpoena the girl to see if the NFL accurately got all the facts from her but the focus of a court case won't be on deciding if she lied, etc..

However, Zeke's case and Brady's case are two different circumstances. Brady's case falls under the conduct policy - behaviors and actions which can harm the integrity of the league.

Zeke's case is Domestic Violence. Domestic violence does fall under the conduct policy if it harms the integrity of the league in anyway shape or form, whether its a guilty or not guilty verdict. Zeke's case, if he proves without a shadow of a doubt that the charges brought upon him are false, how then can the NFL then suspend him under the conduct policy?

So if Zeke didn't commit any of those crimes how could he be suspended? Does the NFL have the rights to falsely accuse their players of wrongdoing? This will be up to the courts to decide and I think it will favor Zeke.

 

[ConstantReboot]

The case won't be did he do it or not, the case will be did the NFL overtsep the rights provided them in the agreement they have with the players union. They can't sue for bad decisions, only did they have the right to make them. I can't see a win in any scenario there.

Well they are punishing Zeke for the conduct policy specifying behaviors and actions detrimental to the league. If Zeke didn't commit those actions how would it be possible then for the league to punish Zeke? Zeke can still win in court proving to the public he didn't commit those crimes. So is the NFL going to punish him for what? Just because they want to?

 

[Risen Star]

Nothing's required of her. Even telling the truth.

 

[CanadianCowboysFan]

Theres no right to confront in a civil or quasi civil situation.

P.s. Thompson isnt a party to the hearing. Its NFL v Zeke.

there has to be procedural fairness, and clearly there was not

 

[CanadianCowboysFan]

However, Zeke's case and Brady's case are two different circumstances. Brady's case falls under the conduct policy - behaviors and actions which can harm the integrity of the league.

Zeke's case is Domestic Violence. Domestic violence does fall under the conduct policy if it harms the integrity of the league in anyway shape or form, whether its a guilty or not guilty verdict. Zeke's case, if he proves without a shadow of a doubt that the charges brought upon him are false, how then can the NFL then suspend him under the conduct policy?

So if Zeke didn't commit any of those crimes how could he be suspended? Does the NFL have the rights to falsely accuse their players of wrongdoing? This will be up to the courts to decide and I think it will favor Zeke.

good one

it was like their line, if you have any further negative interaction with law enforcement, to date he hasn't had any as he never been charged, in Goodell's mind, damned if you do, damned if you don't

 

[bsbellomy]

Does the NFL have the rights to falsely accuse their players of wrongdoing? This will be up to the courts to decide and I think it will favor Zeke.

But we're still now back to trying to figure out exactly what "broad powers" mean. Who can define that? Maybe a judge will throw out the CBA altogether based upon it giving the NFL too much power, but I don't see a win any other way.