The bizarre video that contains images of two men knocked out cold and the sound of another man claiming that he did it and threatening to do it again apparently is the closest thing to a smoking gun in the case against Jets cornerback Darrelle Revis. It also proves that, as to the most serious charges pending against him, Revis likely will walk.
The defense lawyer contends that the voice on the tape doesn’t belong to Darrelle Revis. Teammate Brandon Marshall agrees. (So do I.)
As a practical matter, the prosecutor will have to prove beyond a reasonable doubt that Revis is the person claiming credit for the knockout punches. Before it ever gets to that point, the prosecutor will have to believe that such an outcome is likely to justify the time and expense of taking the case to trial.
It’s not. Revis will hire a voice-recognition expert to explain to the jury that it’s not Revis. At best, the expert hired by Revis and the expert retained by the prosecution will cancel each other out, creating more than enough doubt to support an acquittal.
While that could take care of the assault charges, Revis would still faces charges of conspiracy, robbery, and the making of terroristic threats. If Revis is willing and able to identify the person who threw the punches in exchange for all charges being dropped, he could potentially walk away.
Of course, Revis may not be willing to say anything at all. If he’s not, it will become harder for the prosecutor to find a way to save face without Revis pleading guilty to one of the charges or entering a diversion program or otherwise doing something to accept partial responsibility for a portion of the incident.
Accepting any responsibility could make Revis more susceptible to punishment by the league, however. And with the NFL generally unwilling to negotiate discipline as part of the effort to negotiate a plea arrangement, Revis eventually could be required to roll the dice.
However it plays out for Revis, the video helps his case. Whether it delivers an outright victory remains to be seen.