Braylon Edwards pleads not guilty to assault, faces civil suit
Edwards was arraigned on Tuesday. Per WJW-TV, Edwards did not attend the session. The next court date in the case is December 22.
After the hearing, Edwards' lawyer said, according to WJW, that Edwards is facing a civil suit for punching a friend of NBA star LeBron James.
"There was an argument and a fight, and it's been portrayed that he sucker-punched an individual. We deny that, and we'll sort all of that out through a court of law," attorney Pat D'Angelo said. "Clearly, Braylon is not acknowledging that he just went up to someone and punched them in the face for no reason."
So, basically, Braylon went up to someone and punched them. But he had a damn good reason.
Complicating matters is that the alleged victim apparently has the physique of Steve Urkel.
"My friend is 130 pounds," James said the day after the alleged incident. "Seriously. It's like hitting one of my kids. It doesn't make sense."
LeBron, don't forget that you're talking about the Browns. You know, the team you muse about playing for. Most things they do don't make sense.
Dwayne Bowe suspended for violating steroids policy
Receiver Dwayne Bowe has been suspended four games for violating the league's policy regarding anabolic steroids and related substances.
The team announced the move earlier in the hour. The suspension begins immediately.
The development means that Bowe has exhausted all internal appeals, or opted not to pursue them.
The specific substance for which he tested positive isn't known, and it's possible that the violation occurred in 2008 or earlier. It's also possible that Bowe didn't test positive; some players have been suspended based on evidence of possession of banned substances.
He'll miss games against the Steelers, Chargers, Broncos, and Bills. He'll then return for the final three games of the year, against the Browns, Bengals, and Broncos.
League filing brief today in key antitrust case
The NFL's written brief to the U.S. Supreme Court is due to be filed today.
The case focuses on the exclusive apparel contract given to Reebok by the league. To avoid application of antitrust laws, which generally prevent independent businesses from banding together to set prices, the NFL claims that the 32 teams constitute a single, integrated operation.
Some fear that the league would attempt to parlay a favorable outcome before the Supreme Court into a broader effort to claim that the league is really one large business. Most importantly, such an approach would potentially block any efforts by the NFL Players Association to decertify and then file an antitrust action against the league challenging uniform rules regarding player salaries and the draft, in the event of a lockout in 2011.
The content of the league's brief could shed light on whether the NFL plans to attempt to apply a favorable outcome in other contexts. So stay tuned. Assuming you're still awake.
Shawne Merriman gets sued
Per TMZ.com, Tila Tequila Nguyen claims that Merriman has a bad temper and a drug problem, that he grabbed her, "shook her like a rag doll," choked her, and threw her down. She also claims that Merriman "humiliated" her because of the fact that she's bisexual.
Attached to the court papers are photos of apparent bruises on Nguyen's arms.
Merriman claimed at the time that Nguyen was intoxicated, and that he was trying to keep her from leaving his home in that condition.
Authorities in San Diego decided not to file criminal charges against Merriman. On her Twitter page, which currently is protected against public viewing, Nguyen previously has posted messages that surely will be used against her by Merriman's legal team.
Bud Adams apologizes for middle finger escapades
Here's the statement posted on the team's web site (we caught wind of it via Mort's Twitter page): "I need to apologize for my actions yesterday near the end of the game," Adams said. "I got caught up in the excitement of a great day, but I do realize that those types of things shouldn't happen. I need to specifically apologize to the Bills, their fans, our fans and the NFL. I obviously have a great deal of respect for Ralph Wilson and the history we have shared. I also understand there will probably be league discipline for my actions and I will accept those."
(It's unknown whether Wilson, 90, responded to Adams' behavior by muttering, "Kids these days . . . .")
The discipline will be in the form of a fine. In 2006, then-Falcons quarterback Mike Vick was fined $10,000 and donated $10,000 to charity for shooting a different kind of dirty bird to fans at the Georgia Dome. The following year, kicker Joe Nedney was fined $7,500 for a more subtle "my head itches . . . and by the way f--k you!" maneuver.
NFLPA heading to Cleveland
Jay Glazer of FOX reports that the NFLPA will be heading to town this week to meet with players away from the team facility.
As to Mangini's recent contention that practices last only two hours, Glazer says that players reacted by asking, "What practices is he talking about?" (He's talkin' about practice.)
Glazer also reports that the torn patellar tendon recently suffered by defensive end Keith Grennan during a post-practice "opportunity drill" could be career ending.
So stay tuned. The union is definitely talking a close look at the situation in Cleveland, and it could end up causing even more problems for a franchise under siege.
Report: Cable not likely to face discipline
So the circle is complete.
But there's another issue that an astute league insider raised with us a week ago.
Why didn't Cable get the benefit of the same "do not report" decree that Steelers quarterback Ben Roethlisberger enjoyed back in July?
In both cases, there weren't -- and won't be -- criminal charges. In both cases, an extended period of time passed between the incident and the allegations.
The obvious difference, of course, is that ESPN didn't break the Roethlisberger story. As to Cable, the allegations of domestic abuse are their baby.
Then there's the fact that Roethlisberger enjoys "most favored nation" status in Bristol, given the access he provides to ESPN.
Meanwhile, a source with knowledge of the situation tells us that Cable was first informed of the planned ESPN report, which debuted on Sunday, November 1, only two days earlier. Under normal circumstances, that wouldn't be much time to respond to the charges in a meaningful way. On that specific weekend, the Raiders were heading to San Diego to face the Chargers.
So why not hold it for a week, when the Raiders had a bye and Cable could have provided a more thorough response?
Regardless of the manner in which ESPN handled the details of the Cable report, a clear disparity exists between its decision to milk the more recent situation for all it was worth and its decision to treat the news of the sexual assault lawsuit against Roethlisberger like a sh-t sandwich with a side of radioactive gravy.
Kokinis hires Jeffrey Kessler
But the league will have to deal with him in a different arena. According to Tony Grossi of the Cleveland Plain Dealer, former Browns G.M. George Kokinis has hired Kessler to handle the looming grievance regarding the Browns' attempt to fire Kokinis with cause -- and thus to stiff Kokinis out of any future payments.
The Browns, in turn, have hired Fred Nance, a Cleveland lawyer who was one of the finalists for the position of Commissioner in 2006.
Kessler, per Grossi, will argue that the Browns breached Kokinis' contract by promising that he'd have final say over the roster -- and by thereafter preventing him from exercising it.
We've said from the outset that Kokinis' biggest blunder was believing that the contract meant what it said. Apparently, he didn't notice the winking and nodding that occurred while the document was drafted in a way that would allow him to leave the Ravens while still under contract there. Indeed, if Kokinis hadn't gotten final say over the composition of the team, the Ravens could have (and by all appearances would have) blocked the move.
But while we think Kokinis has a strong case if the Browns' best argument is that Kokinis failed to exercise the authority that coach Eric Mangini wouldn't let him exercise, we think George has made another blunder by hiring Kessler.
Under his contract, Kokinis' claims eventually will be resolved by the Commissioner or his designee, possibly general counsel Jeff Pash. And the folks in the league office can't stand Kessler, who has a reputation for being unnecessarily combative. So, in order to find for Kokinis, the person who hears the grievance will have to overcome any personal disdain for Kessler and his tactics.
Though Kokinis still might win, he would have been better off hiring someone who won't be automatically tuned out by the guy who'll be deciding the outcome.
Alleged South Florida Ponzi scheme could have NFL overlap
This November 14 article from "the Wall" contains a thorough overview of the case.
Authorities believe that the ruse -- essentially a Bernie Madoff-style Ponzi scheme -- could involve hundreds or thousands of investors who possibly forked over a total of more than $1 billion.
Rothstein's law firm, Rothstein Rosenfeldt & Adler, is widely known in the Miami area as "RRA." After the alleged Ponzi scheme began to recently unravel, a league source told us that RRA apparently has invested in Goal Line Management, a sports representation firm whose clients include Steelers coach Mike Tomlin and Buccaneers coach Raheem Morris.
Google searches of the terms "RRA" and "Goal Line" reveal connections between the two entities. Perhaps most tellingly, the Florida Department of State shows that Goal Line Management changed its name in December 2008 to "RRA Goal Line Management, LLC."
It's unknown whether Tomlin or Morris or any other Goal Line clients or principals (primarily, agent Brian Levy) invested in Rothstein's Ponzi scheme. It's early in the process, and even the authorities don't know who was ensnared by the scam. Recently, the FBI asked the alleged victims to come forward.
If/when that occurs, there could be some names on the list that NFL fans might recognize. After all, NFL players and coaches have plenty of investable money.
Weddle will appeal fine for Kevin Boss hit
Earlier this afternoon, MDS pointed out that Chargers safety Eric Weddle will be making a $7,500 donation to the Human Fund for his helmet-to-helmet hit on Giants tight end Kevin Boss.
But Weddle's agent says that third-year player will be appealing the fine.
"Eric's helmet did not contact Boss' helmet initially and he actually let up on the play and contacted him shoulder-first," agent David Canter told us via e-mail. "[Weddle] never hit him with any intent to harm nor did he launch himself into Kevin. We've appealed the fine and are hopeful after carefully reviewing the tape that the league will rescind the fine."
But it likely won't be easy to prevail. Currently, all NFL-imposed player discipline is appealed to the league office. And since the league office issued the discipline, the league office isn't likely to overturn it.
There's a belief in some circles that the league has gone fine-happy this year in order to demonstrate the value of a decision by the owners to refer the appeals to an outside arbitrator as part of the next Collective Bargaining Agreement. Such a move would give guys like Weddle more hope in the future. For now though, it won't help Weddle very much at all.
Urlacher went to bat for convicted Chicago politician
Urlacher requested leniency for former Alderman Ed Vrdolyak, saying that Vrdolyak is a "father figure."
"It is clear to anyone lucky enough to know him that all his actions are motivated by good intentions," Urlacher wrote, according to the Chicago Tribune.
Former Bears defensive tackle Tank Johnson, who has a much more intimate experience with matters of this nature, also sent a letter on behalf of Vrdolyak.
"During my tenure in Chicago," Johnson wrote, "I put myself into many tough situations by making bad decisions. Mr. Vrdolyak and I developed a close relationship during this period. He mentored me and told me a better path to take. He told me things about life and family that I still hold dear today. He was pretty tough on me, and I benefitted from it."
The irony, of course, is that Vrdolyak made at least one very bad decision of his own.
But the letters didn't hurt. Vrdolyak received no jail time; he was instead placed on five years' probation.
Massachusetts governor dealing with Patriots controversy
"We're making these decisions on the merits," Massachusetts governor Deval Patrick said regarding contributions to Patrick's campaign and the state Democractic Party. "There are others who have asked for investment of Recovery Act dollars or federal bonding dollars who have contributed to us and we've said no because those projects did not stand on their own."
Our take? Welcome to the American political system.
Folks in elected office are able to exercise discretion on a wide number of issues, and folks in elected office often reward those who have supported them. If there's something wrong with that, then virtually every elected official in the country should be impeached. Now.
Indeed, decisions far more important than the awarding of federal stimulus money are made based in part on the money a person gives to the cause or, more importantly, the money a person raises. It's the way the system works.
And it's not a perfect system, either. Plenty of people make political contributions in the hopes of securing a favor that simply never comes, as Patrick pointed out.
So move along, sports media. As your colleagues who cover politics for a living will tell you, there's nothing to look at here.
Undeterred by bribe fine, Chad says he's "just starting"
He also used the term "bribe" when describing the move after the game.
Though many brushed off his actions as Chad simply being Chad, the league disagreed. According to ESPN's Chris Mortensen, the league has asked Ochocinco for that one-dollar bill -- and $19,999 more just like it.
Chad is taking it all in stride. Said Ochocinco on his Twitter page, "Child wait till you see what I do in Pittsburgh, remember I set aside [a] fine fund before the season started, I'm just starting!"
He also has tried to get the President to help out the cause, and Chad has responded to the suggetion that he was scooped by ESPN by pointing out that he knew about the fine since Tuesday.
So, really, the most amazing aspect of the situation is that Chad somehow managed not to say anything about the fine for three whole days.
As to the fine itself, we can understand the league's position. Certain things should not be the subject of humor -- especially at a time when many NFL fans are quick to point to corruption when their favorite teams lose. To the Steelers.
Closing the book on the Redskins-Falcons fracas
But there's one more fine. According to ESPN's Adam Schefter, Falcons director of athletic performance Jeff Fish will pay $2,500 for his role in the rigamarole.
So that's 15 large for Smith, $5,000 for Redskins safety LaRon Landry, $7,500 for Redskins defensive tackle Albert Haynesworth, and $2,500 for Fish. Which equates to a grand total of . . . of . . . fingers, toes, zipper . . . $30,000.
Meanwhile, someone pointed out that Falcons fans are gathering money aimed at paying Smith's fine on his behalf. The league, however, won't allow fines to be paid by anyone other than the person who is fined.
Moreover, folks should keep in mind the fact that Smith is a multi-millionaire.
League fines Mike Smith $15,000
Per FOX's Jay Glazer, Falcons coach Mike Smith has been fined $15,000 for his role in first-half sideline skirmish during Sunday's game against the Redskins.
Smith is the third person to be fined. Redskins safety LaRon Landry, whose late hit on Falcons quarterback Matt Ryan triggered the melee, and Redskins defensive tackle Albert Haynesworth, who entered the fray later, have been fined. Redskins cornerback DeAngelo Hall, who loudly complained after finding himself accosted by Smith and others on the sideline, was not fined.
The fines for Landry and Haynesworth had not been previously disclosed. Per Adam Schefter of ESPN, Landry was fined $5,000 and Haynesworth will pay $7,500. (In relation to his total contract, it's the equivalent of the league picking the change out of the sofa that fell out of Haynesworth's pocket while he had been sitting there, and then keeping half of it.)
Though Smith didn't go quite as far as Woody Hayes 30 years ago, Smith's behavior required some type of discipline. And we also think that the league should make it clear to coaches that, when a fight breaks out, they should go the other way and let the zebras restore order.
Cornwell calls Joselio Hanson a casualty of "looming labor war"
He has been suspended four games for violating the league's policy regarding anabolic steroids and related substances.
"We are disappointed," lawyer David Cornwell said in a statement. "Joselio accepts his responsibilities as an NFL player. Nonetheless, we suspect that he is a casualty of the looming labor war in the NFL. Here's hoping that he is the last."
Cornwell claims that Hanson took "a pill that turned out to be a diuretic" after feeling "bloated" following a Chinese meal, prior to the NFC title game in January 2009. "The urine specimen that Joselio provided after the game tested positive for a diuretic," Cornwell said. "Joselio did not use steroids or any other substance that would enhance his performance."
Cornwell explains that Hanson's internal appeal was delayed as the league and the NFLPA tried to resolve the StarCaps matter, which arose last year after multiple players took an over-the-counter supplement that had been spiked by the manufacturer with a banned diuretic.
Cornwell also claims that the league agreed to defer Hanson's punishment due the tenuous link between diuretics and steroids.
"This consideration was guided by the near-universal recognition that diuretics are rarely used to mask steroid use," Cornwell said. "It is noteworthy that the World Anti-Doping Agency recently implemented amendments that eviscerate the misplaced presumption about diuretics embedded in the NFL's steroid policy and reduce discipline for diuretics to include warnings and, where appropriate, suspension."
Cornwell also says that, in the wake of the most recent court rulings in the StarCaps case, which rulings have permitted Vikings defensive tackles Pat and Kevin Williams to challenge their proposed suspensions under Minnesota statutory law -- and which have prompted the league not to suspend (for now) Saints defensive ends Will Smith and Charles Grant -- the league and the union began negotiating different rules for diuretics.
"The hearing [in Hanson's case] confirmed that the NFLPA and NFL Management Council have exchanged proposals regarding diuretics, with each party proposing substantial reductions in the discipline to be imposed for the first positive test for diuretics," Cornwell said. "Under the current competing proposals, no player would be suspended for four (4) games for the first positive test for diuretics."
Cornwell says the the hearing officer nevertheless rejected a plea to withhold a decision on Hanson's case until the negotiations are completed. "We also argued that the accommodation allowing the 'StarCaps players' to continue playing supported allowing Joselio to continue playing as well," Cornwell said. "Our appeal to fairness was rejected and Joselio was notified yesterday that he is suspended for four (4) games, effective immediately."
So that's why Hanson recently said that the "NFL don't treat players the same." He's referring to the men who took StarCaps.
Still, we'd love to know more about how Hanson ended up taking "a pill that turned out to be a diuretic" in January 2009, where he obtained it, and what he thought the thing actually was. Given the intense publicity that the StarCaps case received in the latter weeks of 2008, Hanson and every other football player should have been damn sure he knew the exact contents of anything that he swallowed with a partially-filled glass of tap water.
Report: Davis looking to fire Cable with cause
All the way to the bottom of the column.
Cole reports that the Raiders are cooperating with the league's investigation regarding coach Tom Cable because owner Al Davis wants to fire Cable after the season "with cause." This would permit the Raiders to refrain from paying Cable beyond the current season.
Frankly, we think Davis already has enough ammunition to fire Cable "with cause." (And not just "'cause" he's a bad coach.) In an August meeting with four of his subordinate employees, one of them left the room with a broken jaw. In most American workplaces, the guy who laid hands on the guy who fractured his face gets fired "with cause," even if the injury was technically an accident and even if there were no criminal charges filed or pursued.
League, union trade mild barbs over Doty ruling
The development is testing the tenuous truce that arose last week, when the league and the union agreed to stop the public posturing and bickering regarding the effort to negotiate a new Collective Bargaining Agreement.
"Our focus is on negotiating a new collective bargaining agreement with the players and the court's decision should not impact the negotiations in any way," NFL spokesman Greg Aiello told us via e-mail. "The Eighth Circuit's opinion also upheld the district court's bonus forfeiture ruling in large part because it found the CBA forfeiture provision ambiguous. That is something that we will seek to change at the bargaining table to ensure that bonus payments are paid to players who comply with their contracts and perform on the field."
As to the first part of Aiello's statement, we agree with him -- only if the league doesn't try to obtain via the bargaining process that which it was not able to achieve through the court system. If, obviously, the league would ask the union to agree to a new judge (or no judge at all), the NFL would have to make an equivalent concession.
Meanwhile, NFLPA spokesman George Atallah is stirring the pot, Twitter style. Regarding today's ruling, Atallah says the "8th circuit decision means NFL is not above the law. NFL filed to extinguish courts' oversight and were told no."
Frankly, the ruling doesn't mean the NFL "is not above the law," and the NFL wasn't trying to behave (in this instance) as if it is "above the law." It only means that, in this specific case, Judge Doty had not done enough to warrant his removal. But as we pointed out earlier today, the appeals court explained that Judge Doty would have been wise to say nothing publicly about the issues he has handled in connection with the NFL and the players union.
Atallah also twists the league's tail, with a partial quote from the written opinion: "A motion to recuse should not be withheld as a fallback position to be asserted only after an adverse ruling."
Look, we aren't going to avoid a work stoppage in 2011 if the two primary parties in this relationship can't resist the urge to act like 12-year-olds when the score a victory in court, or elsewhere. Aiello's words are fine -- we asked him for a comment and he gave us one. The next time the union scores a win, however, Atallah would be wise to opt for the high road.
Roethlisberger suit on hold
The Pittsburgh Post-Gazette reports that Washoe County Judge Brent Adams issued the stay on Monday. Almost two months back, a judge denied a motion to move from Washoe to Douglas County. In mid-October, Roethlisberger appeal that decision. His appeal is reportedly in its "early stages."
Roethlisberger is accused of sexually assaulting a Harrah's employee that PFT reported has since resigned from her position with the company.
Appeals court refuses league's request to replace Judge Doty
Last year, the NFL made the extraordinary move of accusing Judge Doty of having an impermissible bias in favor of the union. The league asked Judge Doty to remove himself from further handling of the case, based specifically on comments Judge Doty had made to the media and an alleged private meeting between Judge Doty and union lawyers and representatives.
For example, Judge Doty talked about the league's complaints regarding the interpretation of the CBA with SportsBusiness Journal in January 2008.
"[NFL Owners] pretend they're getting beaten around. Well, they did, initially, but they had a position that was not legally sound," Doty told SBJ. "I think if you ask [former Commissioner Paul] Tagliabue, he would say, 'The whole thing has come out our way.' Because, even though they complain about it . . . all they've done is make tons of money."
Judge Doty refused to step aside, and the league appealed the decision to the U.S. Court of Appeals for the Eighth Circuit, which has jurisdiction over federal trial courts in Minnesota, site of the lawsuit.
The Eighth Circuit has now rejected the appeal, finding no evidence of bias or any other conduct that would make Judge Doty unable to continue.
That said, Judge Doty received a mild rap on the knuckles for choosing to talk to the media about the case.
"We recognize," the appeals court wrote, "that aside from creating a perception of bias, there is a danger that may flow from even seemingly innocuous statements to the press. Judges should not create the impression that they covet publicity. . . . When judges make gratuitous public comments on issues closely related to judicial duties, they risk giving the impression that they have an uncommon interest and degree of personal involvement in the subject matter. . . . Self-interested behavior in submitting to press interviews may also lead to accusations that a judge will be motivated to decide issues in a way that prompts favorable media attention. . . .
"Thus, although we do not believe that the articles created a reasonable perception of bias . . ., the district judge would have been well advised not to opine publicly about his role in enforcing an ongoing consent decree. "
In English, "Judges who talk to the press might come off as judges who want attention, and judges who want attention might be accused of making decisions aimed at getting more attention. So judges shouldn't talk to the press."
The appeals court also affirmed Judge Doty's ruling in the Mike Vick case, which prohibits teams from recovering a portion of roster bonuses if a player defaults on his contract after receiving the roster bonus.
The ruling gives leverage to the union in conjunction with the ongoing CBA negotiations. If the NFL wants to fully and finally conclude the litigation and adopt a private interpretation and enforcement mechanism not involving Judge Doty, the union will be entitled to an equivalent concession for agreeing to the change in the status quo. Likewise, if the NFL wants to be able to recover portions of previously paid roster bonuses, the league will be required to give up something else in return for that right.