Zekes accuser not required to be at hearing

[bsbellomy]

Here is what is required for the conduct policy to take into effect:

f you are convicted of a crime or subject to a disposition of a criminal proceeding (as defined in
this Policy), you are subject to discipline. But even if your conduct does not result in a criminal
conviction, if the league finds that you have engaged in any of the following conduct, you will be subject
to discipline. Prohibited conduct includes but is not limited to the following:

Zeke was never convicted or even prosecuted for any crime whatsoever. I'm just stating what the policy states - that they need to be convicted and subject to being prosecuted in the a court of law. Zeke never fulfilled those requirements. Thus I feel that the NFL's case is entirely moot.

Just my two cents. I'm not a lawyer so correct me if Im wrong on this.

I mean it pretty much says right there it doesn't have to be a criminal offense. To me that says the NFL can punish as they see fit even if they deem it just to be a bad look for them.

 

[hornitosmonster]

She will be required in court. This is 100% headed to court. If she commits perjury I hope they prosecute

 

[bsbellomy]

Didn't Brady destroy his phone after the NFL requested it...

The court ruling didn't say anything about that. They concluded that the NFL was within their right to suspend Brady under the agreed upon contract.

 

[LocimusPrime]

Based on everything Jerry Jones has *not* said about this issue, I'll be shocked if it does not in one form or fashion. I expect Jerry's going to legally challenge the league's authority to upset the competitive balance in some form or fashion on behalf of the Cowboys.

He's been way too quiet about this otherwise. Say what you want about Jerry, but he's not a guy to cross lightly.

I'd rather cross ray Donovan than mr jones

 

[bsbellomy]

She will be required in court. This is 100% headed to court. If she commits perjury I hope they prosecute

I don't think it will honestly be about whether he did it or not. I think it will be about the NFL rights when it can be proven they did a lousy job of meeting the standards for proof.

If Zeke can prove beyond a shadow of a doubt that he didn't do this, as constant reboot suggested, he would be better served going after her damages. Whether or not he ever collected a cent from her, a prevail there would go a long way to clearing his name.

 

[Direwolf63]

Zeke was never convicted or even prosecuted for any crime whatsoever. I'm just stating what the policy states - that they need to be convicted and subject to being prosecuted in the a court of law. Zeke never fulfilled those requirements. Thus I feel that the NFL's case is entirely moot.

Just my two cents. I'm not a lawyer so correct me if Im wrong on this.

Rothlisberger was never convicted or even charged with anything. Yet he was suspended by the NFL.

 

[TellerMorrow34]

Anyone who thought this appeal process was an actual appeal process was kidding themselves.

It's a joke. Always has been.

It's only there because they have to put it there. The decision was already made. They're not going to change their ruling. This is a waste of time.

 

[jobberone]

Good job people! Only a couple of exceptions. Stayed OT and discussed this case appropriately. She gonna get sued and that will help Zeke in the court of public opinion which didn't beat him up anyway.

 

[jobberone]

The appeal isn't going to re-evaluate the evidence, anyway.

This is pro-forma. It's going to court, where there's it'll be established that Goodell has every right to make terrible decisions.

Unless Elliott's team finds a clever legal angle, the best that comes out of this is a well-deserved PR disaster for the NFL that becomes a landmark issue for the next CBA.

Probably. Never know when you go to court. I'd go after the with Amendment VI but it likely won't work. They'll counter this is a civil trial and his team will counter there is punishment and loss of earnings therefore there is a presumption of guilt. If accepted they can get into allowing evidence in a fair fashion.

1000 to 1 this is going to a Federal civil suit.

 

[jobberone]

this is all a waste of time. should already be filing the papers to take this thing to court.

Imagine they are.

 

[trickblue]

I've been asking this myself.


How did the NFL get her to cooperate with them to begin with?????????????????????


Did the NFL just use the courts information to get to their conclusion or did they work with her??????????????



So my real question is..... IS the NFL paying this girl to help them in this case???????????????????

Because she's eyeing a Civil Suit...

 

[speedkilz88]

Rothlisberger was never convicted or even charged with anything. Yet he was suspended by the NFL.

He was punished for giving minors alcohol.

 

[Texas_Pete]

Because she's eyeing a Civil Suit...

How though? If it goes to court all of her lies will cone out when Zeke's lawyers cross examine her.

 

[Kevinicus]

A couple of things...

First, in regards to the conduct policy and it's mentioning of being charged or having a disposition of a criminal proceeding, this is clarified further into the policy:

Discipline – A player violates this policy when he has a disposition of a criminal proceeding (as defined), or if the league’s investigation demonstrates that he engaged in conduct prohibited by the Personal Conduct Policy.

Second, I found an interesting quote from the judge (who I believe is the same one who ruled in favor of Brady - which might not be a good sign) that is pertinent to this announcement regarding Zeke. This was in regards to a defamation case Vilma brought up against the NFL after bountygate:

While the Court is extremely disturbed by the fundamental lack of due process in Goodell's denying the players the identities of and the right to confront their accusers, that was substantially rectified later in the process. So while the process was initially procedurally flawed, the statements were ultimately found to have enough support to defeat the defamation claims.

The cases are different, but the reason the judge thought the process was flawed is exactly the reason that started this thread. Also, whereas in Vilma's case this flaw was rectified at some point in the process, the appeal is the end of the process, so there is no place for it to be rectified later.

This is the applicable part of the conduct policy which is specifically outlining the procedure the NFL is to follow:

The player will be furnished with the records and other reports that were relied on in addressing the matter, including records from law enforcement and a copy of any investigatory report and any documents relied upon by a league investigator in generating the report.

 

[Kevinicus]

How though? If it goes to court all of her lies will cone out when Zeke's lawyers cross examine her.

She would not have anything to do with this in court. Nothing she says or doesn't say will really be relevant in a court case, only the process and the procedure of it.

 

[jobberone]

She would not have anything to do with this in court. Nothing she says or doesn't say will really be relevant in a court case, only the process and the procedure of it.

Defamation suit is applicable but that's in Fed court so if you're talking the NFL process ok.

 

[Texas_Pete]

She would not have anything to do with this in court. Nothing she says or doesn't say will really be relevant in a court case, only the process and the procedure of it.

The way I understand it, a civil suit would be her vs Zeke in court seeking some sort of damages. If I'm right, the NFL's processes would have nothing to do with it. I could be wrong though...

 

[CanadianCowboysFan]

Oh really? Do you also think if Aaron Donald took the Rams to court because he was grossly underpaid they would read into that as well? A contract is a thing agreed to by two parties. Why exactly do you Tom Brady ended up having to serve his suspension?

I gave a small chance to the CBA being thrown out entirely, but imo that's what it would take to overturn this decision.

Seriously, you think a pay dispute is the same as branding a guy a sex offender

 

[Kevinicus]

The way I understand it, a civil suit would be her vs Zeke in court seeking some sort of damages. If I'm right, the NFL's processes would have nothing to do with it. I could be wrong though...

My bad, I didn't see your comment was in regards to her bringing a civil suit. Yeah, she certainly wouldn't stand a chance of winning (though in this day and age, maybe she does...), but I wouldn't be surprised if she got a settlement just for being a PITA.

 

[CanadianCowboysFan]

Zeke should sue her for defamation, and see what she does to respond. If he won that case, then surely the NFL would have to repeal the suspension.