Brady Supposedly Destroyed Cell Phone
- Thread starter Stormin
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- Mar 27, 2006
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you're leaving out the non-cooperation and obstruction charges. Roger was sure to point that out in his statement. The NFLPA appealing is going to have to deal with those charges.
And just because it's in a court of law, doesn't mean that all of a sudden the NFL needs to prove that Brady was involved beyond a reasonable doubt. That's not how it works. The standard of proof remains the same.
Agree to disagree on this point. It will be fun to see what the court says, if it gets that far.
I haven't read the documents, but I would guess that it will be hard for Brady to win just based on the fact that NFL has the right to do this based on the NFLPA contracts. You think a judge wants to overrule those contracts and then have the precedent set that an employee doesn't have to abide by the rules of a collective bargaining agreement. As stupid as Goodell is I believe he has won this one.
- Mar 27, 2006
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The standard of proof that the league used was a preponderance of evidence, not beyond a reasonable doubt. That's not going to change because it's in front of a judge. This is not a criminal proceeding. It's a civil one. The NFL only has to prove that it's a greater than 50% chance that Brady was involved. That's the standard of proof required for civil cases.
The appeal will attack whether Brady got a fair appeal, and try to say that Goodell has no authority to be the arbitrator.
Agree. But what is the NFLs 50% going to be based on? The ballboy's testimony? Testimony by the game refs without any data?
I like player's union and Tommy's 50% to win out on this one.
I'm marginally interested to see how this all turns out, it will certainly be an entertaining **** show.
- Mar 27, 2006
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possibly. But judges tend to lean on the arbitration process, and that's what the league has followed, the process outlined by the CBA, which Brady and the union agreed to. If he gets this in front of Doty, in Minnesota, he'll have a better shot, but that's why the NFL immediately filed litigation in New York, asking them to confirm the ruling. Now, Brady needs to convince a judge that proceedings need to be moved to another jurisdiction. The NFL is going all in on this one. They wouldn't do that if they didn't think they were in a pretty good spot.
- Mar 27, 2006
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interesting info on the phone, and how destroying it may affect Brady's appeal
http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663
Another interesting article on the phone
http://www.cbssports.com/nfl/eye-on...his-phone-gives-flips-appeal-ruling-narrative
The big takeaway is that if it's Brady's common practice to destroy his phones after he gets a new one, why did he still have the phone he used from the spring of 2014 to November 2014? That would be the phone he used directly before the one in question. If his common practice was to destroy phones, why hadn't that one been destroyed?
http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663
Another interesting article on the phone
http://www.cbssports.com/nfl/eye-on...his-phone-gives-flips-appeal-ruling-narrative
The big takeaway is that if it's Brady's common practice to destroy his phones after he gets a new one, why did he still have the phone he used from the spring of 2014 to November 2014? That would be the phone he used directly before the one in question. If his common practice was to destroy phones, why hadn't that one been destroyed?
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I wonder do the same evidence rules apply since no laws were broken or were even suspected to have been broken by Brady?
Probably not, but remember the NFL won't be proving beyond a reasonable doubt. They will be proving is it more than 50% likely. By destroy the phone the NFL asked to see and not destroy his previous phone, he looks guilty. That aligned with the other evidence the NFL has, makes a pretty strong case that Brady was at a minimum doing something that could make the league look bad, and gives them grounds to suspend him.
He had the right to not handover the phone, but his actions can be taken into consideration. I think he was right in not handing the phone over, I wouldn't want to do that either. But if all the other evidence in the case points that he wasn't acting in the best interest of the league, then they have the right to do what they did, and he doesn't really have a leg to stand on if he isn't going to provide proof he didn't do what they are accusing him of doing.
The NFL doesn't have to prove anything about the footballs. Any lawsuit is about whether the NFL followed their collective bargaining rules. Goodell had to be very careful that he followed those rules to the letter.
- Mar 27, 2006
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No, but destroying potential evidence that the league had asked for will not do him any favors with a judge, especially if his claim is that he's done nothing wrong.
Additionally, to justify the destruction of the phone, he'll have to prove that it was not reasonably forseeable that a lawsuit might result from the investigation. That's a pretty tough order, considering the circumstances. The court just needs to agree that the evidence indicates that Brady was involved. 51% likely. If he's out there destroying potential evidence the day of his interview with Wells? That goes a long ways toward that 51%.
Basically, destroying the phone was a bad, bad move. It is damaging both in the court of public opinion, and very potentially also in a court of law.
Remember, Brady's asking for an appeal. He's trying to make the case that the process that he and the NFLPA agreed to in the CBA was unfair or mishandled. If he's destroying potential evidence, he's not helping his cause in that regard.
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Has anyone considered that one of his background apps was taking all of his memory and his other apps were loading really slow so he had to throw the phone into a wall or concrete floor or something. That would really clear things up.
Yeah, it totally like could have been his 3rd replacement Galaxy S5 and it was still lagging and ****. No one knows.
