Josh Brown case may be relevant to Ezekiel Elliott appeal

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As the six-game suspension for Cowboys running back Ezekiel Elliott was looming, MDS made an observation via Twitter that attracted plenty of attention: How does Elliott’s behavior compare to the conduct that resulted in a one-game suspension for former Giants kicker Josh Brown?

The explanation, whatever it may be, ultimately may be relevant to the appeal in Elliott’s case. The fact that Harold Henderson handled the Brown appeal and also will be handling the Elliott appeal makes it even more potentially relevant.

That said, Henderson didn’t reduce or otherwise alter Brown’s punishment. The league suspended him only one game, and Henderson affirmed it. So Henderson knows (or at least will be able to refresh his memory) regarding the details of the Brown case. Henderson will soon learn the details of the Elliott case. And Henderson will be able to consider whether Elliott’s proposed punishment meshes with Brown’s actual punishment.

In Brown’s case, the NFL reduced the suspension from six games to one due to mitigating factors that the league consistently has refused to disclose. In Elliott’s case, there was no adjustment for mitigating factors. While it may be difficult to draw apples-to-apples comparisons between the two cases, Elliott’s representatives may argue that the league failed to treat the two cases consistently, and that Elliott should be entitled to whatever lenience was afforded to Brown. (Other past cases could be relevant, too.)

Of course, the threshold argument on appeal will be that Elliott is innocent. An argument based on the Brown case would be a fallback position based on the punishment that applies if Henderson decides that the finding of guilt was accurate.

However it plays out, the clock is ticking. The NFL has confirmed that Elliott will be permitted to keep playing until a ruling is issued. As a practical matter, the ruling will have to come by Tuesday, September 5 in order to keep Elliott off the field for the regular-season opener against the Giants.

48 responses to “Josh Brown case may be relevant to Ezekiel Elliott appeal

  1. What’s relevant is Brown had a long, proven history of domestic abuse and there is plenty of evidence to the contrary that Elliott did not hit her or cause those bruises.

  2. The relevant factor is that Josh Brown played for a team owned by John Mara and rooted for by Lisa Friel, while Ezekiel Elliot does not.

  3. Just be open NFL and more people will try to believe you aren’t just spinning a wheel of punishment when it comes to players. Release all contact between Thompson and Zeke so the public can judge. The shield has been tarnished, and the only way to clean it is to let everyone know everything instead of hiding everything.

  4. That was Goodell bowing to his daddy Mara. How else can you explain him only giving 1 game suspension to a chronic woman beater like former New York Giants Josh brown? And this after he had the embarrassment of his office victim shaming Janey Rice after it was discovered that he had the videotape in his back pocket, even before the public saw it.

  5. How many low information people will continue to comment that Elliott actually hit this woman? More egregiously, how many will continue to claim that Elliott should be punished for the “top pulling down” incident? It has been conclusively established that the young lady previously exposed herself and actually encouraged Elliott to pull her top down. How many will continue to insist that Elliott punched someone in the club? Also conclusively disproven.

  6. Puhhhllleeezzzzeeee!!!!!

    It’s about as relevant as Favre’s phone was with Brady. There is absolutely no basis to conclude the NFL would be consistent with anything. None.

  7. hawks1124 says:
    August 17, 2017 at 2:33 pm

    Just be open NFL and more people will try to believe you aren’t just spinning a wheel of punishment when it comes to players. Release all contact between Thompson and Zeke so the public can judge. The shield has been tarnished, and the only way to clean it is to let everyone know everything instead of hiding everything.

    So the public can judge? Why would you want that and what makes the public professional judges and law enforcement?

    Social media is killing this country and your comments are a prime example of that. The public needs to do nothing in this case, it has nothing to do with them.

  8. cardinealsfan20 says:
    August 17, 2017 at 2:38 pm
    How many low information people will continue to comment that Elliott actually hit this woman? More egregiously, how many will continue to claim that Elliott should be punished for the “top pulling down” incident? It has been conclusively established that the young lady previously exposed herself and actually encouraged Elliott to pull her top down. How many will continue to insist that Elliott punched someone in the club? Also conclusively disproven.

    And the same logic can be pointed to the Brady case. What proof did the league have? None. They said it in court. But people still believe he did it even with admittance from the league itself.

  9. “Social media is killing this country”

    You do realize that only 10% of people are on Twitter? And that Facebook is now primarily compromised of the 50+ demographic sharing pictures of grandchildren? Your outrage needs to be focused somewhere else.

  10. “Mitigating factors that the league refuses to disclose” – That’s hilarious. The NFL made a big deal about how they were going to get DV cases right. Then, they have a scenario where they give a player 5 games less than the mandatory minimum and they refuse to say why.

    As far as we know, playing for the Giants was the mitigating factor.

  11. The more I hear about this, the more I wish my fantasy draft was today. I could pick up Zeke in the second round and he’ll probably play the whole season.

  12. fireroger says:
    August 17, 2017 at 2:48 pm
    Puhhhllleeezzzzeeee!!!!!

    It’s about as relevant as Favre’s phone was with Brady. There is absolutely no basis to conclude the NFL would be consistent with anything. None.
    =====================================
    Which is to say both are completely relevant (!!!!). Another example of how the NFL player disciple program is an abhorrent mess under the NFL. Yet a lot of fans stay the course and continue to provide excuses as to why it’s ok since they are a successful multi-billion dollar company (sarcasm).

  13. Remember when Mara said they knew Brown beat his wife, but they weren’t sure to what extent he beat her.

  14. cardinealsfan20 says:
    August 17, 2017 at 2:58 pm

    “Social media is killing this country”

    You do realize that only 10% of people are on Twitter? And that Facebook is now primarily compromised of the 50+ demographic sharing pictures of grandchildren? Your outrage needs to be focused somewhere else.

    __________________________________

    So it hasn’t pretty much ruined some people’s lives or character? It hasn’t affected companies negatively financially and created bad publicity? People take anything posted on social media as the gospel and just blindly follow what they see. It starts a lot more problems than you think I’m afraid.

  15. The thing is….I dont think Goodell or the NFL cares how many games he is suspended for. You give him 6 games…..he appeals…..you assign it to an NFL-friendly arbitrator….he upholds the suspension…..at this point Elliott can: A)Accept the suspension or B) take the league to court.

    The court can either find in favor of the NFL, in which case they are vindicated and look tough on DV cases……OR…..they rule in favor of Elliott and he plays all 16. Any way you slice it, the NFL can come away saying that they are tough on DV cases and stand by their 6 games and it unfortunate that the courts disagreed should they lose.

    Its never been about the evidence, its been about giving him 6 games and working backwards to justify it and they maintain their perception of a tough organization. Too bad they are trashing their own product in order to make it look good!

  16. Some owners felt Goodell’s handling was cause for his dismissal or, at the very least, his contract not being renewed beyond March 2019. One owner said, “We’re paying this guy $45 million for this s—?”

    ———-

    Yes, you are, anonymous owner.

    You made the bed by enabling him to cheat and now his cheating is blatantly obvious.

  17. mmack66 says:
    August 17, 2017 at 3:09 pm
    Remember when Mara said they knew Brown beat his wife, but they weren’t sure to what extent he beat her.

    15 0 Rate This

    —————-

    It’s just disgusting. The Giants can do whatever they want, when they want.

  18. And that quote above I posted was AFTER the Ray Rice Fiasco.

    That was 3 years ago.

    The only logical conclusion one can come to as to why or how he kept his job after an obvious attempt to cheat and help out the Ravens is this:

    Owners still want access to control Goodell to be able to cheat like we are seeing here with Mara telling Goodell to suspend Elliott even without any evidence.

    Otherwise, the bad image he’s created all by himself with these owners, is highly ironic considering the entire reason for these framejobs or cover-ups like the Ray Rice Fiasco, is about what image they want presented to the general public.

    It’s why Spygate and Deflategate exist. 95% of the NFL customer is annoyed with NE’s incredible successes or seeting with jealousy of it, which matches these gutless, loser owners and GMs, who simply can’t accept how great BB and Brady are.

    It’s called HARD WORK, diligence and consistency. You know, things that Americans used to know as skills needed to be successful.

    Now everyone is entitled and unwilling to pay their dues, so we have a commissioner playing into that demographic, which much of that are Millennials who love politcal correctness and 5th place trophy vibes.

  19. purplekoolaid1- “So it (social media) hasn’t pretty much ruined some people’s lives or character? It hasn’t affected companies negatively financially and created bad publicity?”.

    Those things happened constantly way before the advent of social media. People with agendas have always, and will always, find a way to get their message out. The mechanism, in whatever form, for the message is not responsible. Rather, it’s the people who misuse the mechanism that are responsible.

  20. cardinealsfan20 says:
    August 17, 2017 at 3:51 pm
    purplekoolaid1- “So it (social media) hasn’t pretty much ruined some people’s lives or character? It hasn’t affected companies negatively financially and created bad publicity?”.

    Those things happened constantly way before the advent of social media. People with agendas have always, and will always, find a way to get their message out. The mechanism, in whatever form, for the message is not responsible. Rather, it’s the people who misuse the mechanism that are responsible.

    1 0 Rate This

    —–

    But, people actually believe things when they are printed, including on the internet.

    Sad, but true.

    The average person in this country’s IQ is clearly below 100, which is scary.

    People do far less critical thinking because of the internet.

  21. LMAO I don’t know what is worse…….. All the homers believing Zeke didn’t do anything wrong or the Brady deflate gate conspiracy theorist? LoL as bad as Roger Goodell is…….he is first and foremost a business man… He understands a lot more than us and I am pretty sure he knows that its not good business to take your biggest stars off the field….. Brady did it….. Obviously …. But who cares I am sure every great QB had a specific way they liked to have their footballs… they just didn’t get caught… So just get over it and quit crying that it was the cold and no one understands the science behind it but you and the rest of the conspiracy theorists…. Zeke is a great RB but a trash person…. in just the short period of time he has done nothing to prove otherwise…. Anyone who looks at the pictures that Tiffany posted and claim they might be from a bar fight is delusional….. Zeke did it and its obvious…. Just sad that these guys only get a slap on the wrist for the crimes they commit.

  22. Any article about “punishment” includes the following percentage of commentors, by fanbase:

    25% fans of team relevant to the article
    50% patriots fans
    25% fans of other 30 teams

  23. vicksdawgpound says:
    August 17, 2017 at 3:59 pm
    LMAO I don’t know what is worse…….. All the homers believing Zeke didn’t do anything wrong or the Brady deflate gate conspiracy theorist? LoL as bad as Roger Goodell is…….he is first and foremost a business man… He understands a lot more than us and I am pretty sure he knows that its not good business to take your biggest stars off the field….. Brady did it….. Obviously …. But who cares I am sure every great QB had a specific way they liked to have their footballs… they just didn’t get caught… So just get over it and quit crying that it was the cold and no one understands the science behind it but you and the rest of the conspiracy theorists…. Zeke is a great RB but a trash person…. in just the short period of time he has done nothing to prove otherwise…. Anyone who looks at the pictures that Tiffany posted and claim they might be from a bar fight is delusional….. Zeke did it and its obvious…. Just sad that these guys only get a slap on the wrist for the crimes they commit.
    ========================
    The old “it’s obvious” response. Actually the word you are looking for is ignorant.

  24. vicksdawgpound says:
    August 17, 2017 at 3:59 pm

    LMAO I don’t know what is worse……..
    ———————–

    Folks like you that believe Roger Goodell. And anyone that thinks that psigate was legitimate.

    Now you know.

  25. The good old “obvious” response. Actually the more approriate word is ignorant.

    When the persuasive elements boil down to “obviously”, you know it’s anything but the case. That’s just an excuse for either being too gullible or complacent.

  26. Others think, ‘He has embarrassed the league and if we had a better commissioner, we’d be making more money.'”

    ————

    As you can see, when fans say “Goodell has spearheaded the great success of the league with his leadership!”, many owners feel they’ve maxed out the market in North America, and more money could have been made.

    Goodell is an embarrassment. Any NFL fan thinking otherwise is pretty creepy.

  27. hawks1124 says:
    August 17, 2017 at 2:33 pm
    Just be open NFL and more people will try to believe you aren’t just spinning a wheel of punishment when it comes to players. Release all contact between Thompson and Zeke so the public can judge. The shield has been tarnished, and the only way to clean it is to let everyone know everything instead of hiding everything.

    ——————–
    The article answered that perfectly well, didnt you read it? The NFL explained that they cant tell us why. What else do you need?

  28. bkostela says:
    August 17, 2017 at 4:06 pm
    Any article about “punishment” includes the following percentage of commentors, by fanbase:

    25% fans of team relevant to the article
    50% patriots fans
    25% fans of other 30 teams

    ——————–
    Not sure how you got those numbers. May be imagination
    32 posts before this one
    13 are defending Zeke and/or blaming Mara
    5 mention the Patriots at all, one is accusing them so not likely a fan and also one is yours.

    What teams have gotten into whos head anyway?

  29. “(Other past cases could be relevant, too.)”

    Junior Galette case is relevant.

    In 2015 (after the Ray Rice situation), Junior Galette was arrested and charged with domestic violence. The charges were later dropped.

    The NFL gave Galette a 2-game suspension.

  30. Bishop Knight 3 says:
    August 17, 2017 at 4:39 pm

    The article answered that perfectly well, didnt you read it? The NFL explained that they cant tell us why. What else do you need?
    =======================
    Wow. Seriously? How about this for starters … how is the Ohio DA couldn’t scrape together enough evidence to convict Elliot but somehow the NFL has been able to. Before suspending a player for something the law of the land cannot do they need to explain the difference. That’s what we need.

  31. “Remember when Mara said they knew Brown beat his wife, but they weren’t sure to what extent he beat her.”

    Hard to remember something that never happened.

  32. mightyminer says:
    August 17, 2017 at 4:54 pm
    “(Other past cases could be relevant, too.)”

    Junior Galette case is relevant.

    In 2015 (after the Ray Rice situation), Junior Galette was arrested and charged with domestic violence. The charges were later dropped.

    The NFL gave Galette a 2-game suspension.

    ******************************************************

    Junior served his suspension while he was on IR, never missed a game. well, because of suspensions, there was some karma involved in his achilles.

  33. The NFL was soft on Josh Brown, not because he was a Giant, but because as far as they knew at the time, he was not physically abusive, he was attending agressive treatment/therapy and was completely contrite about the entire situation. Throw on top of that evidence that he was abused since the age of 7 and they reduced his sentence. When further details were revealed after that showing that he WAS physically abusive…he immediately lost his job. Every case is not the same. The NFL did lose credibility, but they were (and the Giants too) trying to help a troubled person. It was a mistake. Not a conspiracy.

  34. bigdaddystyle says:
    August 17, 2017 at 5:28 pm
    The NFL was soft on Josh Brown, not because he was a Giant, but because as far as they knew at the time, he was not physically abusive, he was attending agressive treatment/therapy and was completely contrite about the entire situation. Throw on top of that evidence that he was abused since the age of 7 and they reduced his sentence. When further details were revealed after that showing that he WAS physically abusive…he immediately lost his job. Every case is not the same. The NFL did lose credibility, but they were (and the Giants too) trying to help a troubled person. It was a mistake. Not a conspiracy.
    ===========================
    Fine. Every player should be extended the same courtesy otherwise there is no way to escape the conspiracies hanging over the Giants. We’ll also conveniently disregard similar spygate\deflategate allegations that were conveniently downplayed or dismissed completely.

    It’s also pretty amazing that the same evidence that came to light about physical abuse was the same evidence that was freely available (for years) until somebody made it public. There’s no way to dismiss the fact that the NFL was either not investigating Brown or wholly inept at doing it. Regardless, there’s absolutely no reason to think the NFL got it right this time around. Or the time before. Or the time before. Or the time before. Or the time before.

  35. I wonder if the Cowboys will cut Elliott like the Giants cut Brown…….

    It’s the right thing to do. They both beat women.

  36. redlikethepig says:
    August 17, 2017 at 5:13 pm

    Hard to remember something that never happened.
    ——————–

    Of course it happened. It’s easy enough to find with minimal searching. Mo memory needed.

  37. bobonit says:
    August 17, 2017 at 6:54 pm
    Why is Joe Mixon not suspended regardless if it happened before he was employed by the NFL?
    =============
    No kidding. Terelle Pryor says Hi

  38. mmack66 says:
    August 17, 2017 at 8:04 pm
    redlikethepig says:
    August 17, 2017 at 5:13 pm

    Hard to remember something that never happened.
    ——————–

    Of course it happened. It’s easy enough to find with minimal searching. Mo memory needed.
    ====================

    Allow me …

    “I want to get all the information first. … I’m certainly disturbed by what we’ve read. Listen, he’s admitted to us that he’s abused his wife in the past. I think what’s a little unclear is the extent of that.”

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