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re: Ted Wells Interviews with local boston station

Posted on 5/13/15 at 10:37 am to
Posted by wildtigercat93
Member since Jul 2011
113153 posts
Posted on 5/13/15 at 10:37 am to
quote:

Dude Jcroyce was all over "federal court" when the suspension broke And I am pretty sure you were right there with him


False. I was just posting Garrapolo pics when the news broke
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 5/13/15 at 10:37 am to
why? How are they relevant? a federal court isn't going to be concerned with what's on his phone rather than what information and actions was the decision based on and whether or not said decision was prudent or within their rights
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/13/15 at 10:37 am to
quote:

False. I was just posting Garrapolo pics when the news broke

Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 5/13/15 at 10:38 am to
Common is a great way to describe the fans

However, Troy Vincent made it quite clear it factored into the punishment
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 5/13/15 at 10:38 am to
quote:

I dont think it was.


Sure as hell seems like it is being used to say that he didn't cooperate. It is the only way they've brought up him not cooperating.
Posted by GFunk
Denham Springs
Member since Feb 2011
14968 posts
Posted on 5/13/15 at 10:38 am to
quote:

wildtigercat93
quote:

If you have a right to refuse, then refusing it shouldn't be used as a main piece of evidence in your investigation.


This isn't a court of law. The standard of the investigation used to make a decision on whether rules were broken is called a "preponderance of the evidence," and I think a lot of average joe public's here and elsewhere are crowing about, "innocent until proven guilty," and, "he ain't gotta incriminate himself," and other stuff.

Again, he's not going to court. Because when the Discovery Process asks for his electronic records and they've got a subpoena behind them, his case is gonna head south fairly quickly.

But the standards used for making decisions here are=/=what most people are thinking. Every day hearings are held between employers and employees and/or agencies to determine fault, violations, culpability and responsibility. The standard of a preponderance of evidence is consistently and legally applied and that's what was used here.
Posted by lsupride87
Member since Dec 2007
99667 posts
Posted on 5/13/15 at 10:39 am to
quote:

Sure as hell seems like it is being used to say that he didn't cooperate
Correct. This is different thought then saying it is being used as his evidence of guilt
Posted by wildtigercat93
Member since Jul 2011
113153 posts
Posted on 5/13/15 at 10:39 am to
I mean, Can you blame me?

Posted by wildtigercat93
Member since Jul 2011
113153 posts
Posted on 5/13/15 at 10:39 am to
quote:

Correct. This is different thought then saying it is being used as his evidence of guilt


That's because the investigation never said he was guilty
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/13/15 at 10:39 am to
He's a handsome devil.

frick him.
Posted by lsupride87
Member since Dec 2007
99667 posts
Posted on 5/13/15 at 10:40 am to
quote:

But the standards used for making decisions here are=/=what most people are thinking. Every day hearings are held between employers and employees and/or agencies to determine fault, violations, culpability and responsibility. The standard of a preponderance of evidence is consistently and legally applied and that's what was used here
This is a very good paragraph.
Posted by wildtigercat93
Member since Jul 2011
113153 posts
Posted on 5/13/15 at 10:41 am to
Okay. Well see what happens. I disagree completely.
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 5/13/15 at 10:43 am to
quote:

That's because the investigation never said he was guilty



Wells just independently said it to the Boston media
Posted by wildtigercat93
Member since Jul 2011
113153 posts
Posted on 5/13/15 at 10:46 am to
He's certainly making their case against the investigation easier

You'd think a lawyer would know how to keep his mouth shut but I guess the check cleared already
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33794 posts
Posted on 5/13/15 at 10:49 am to
quote:

But the standards used for making decisions here are=/=what most people are thinking. Every day hearings are held between employers and employees and/or agencies to determine fault, violations, culpability and responsibility. The standard of a preponderance of evidence is consistently and legally applied and that's what was used here.


If I'm to understand what you're saying, it seems like you believe (as I do) that a lot of people supporting Brady and Pats keep jumping from one foot to the other on the issue of evidence and the law.

They say Brady doesn't have to turn over his text/email records since this isn't a legal matter, and of course that's absolutely true. In that same vein, the NFL does not have to meet the same burden of proof standard as they would in a court of law.
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 5/13/15 at 10:52 am to
quote:

But the standards used for making decisions here are=/=what most people are thinking. Every day hearings are held between employers and employees and/or agencies to determine fault, violations, culpability and responsibility. The standard of a preponderance of evidence is consistently and legally applied and that's what was used here.



And once again, that isn't what people have a problem with. The penalty for this violation is already stated in the CBA.

The NFL is trying to say that him not cooperating is conduct detrimental to the integrity to the NFL.

Also, the NFL's lack of controls around the balls screams that they don't believe ball tampering is a conduct detrimental to the league (along with just the 25k penalty).

So then what is the penalty for? Not cooperating. Wells has said that he answered every question, but wouldn't turn over or share electronic evidence from his personal device (not company property). I don't think it is reasonable at all to say that equals not cooperating with the investigation.

quote:

That's because the preponderance of the evidence is a standard that was spelled out and agreed to by the owners and the players in the CBA.


Also, while I'm not disagreeing with the overall theme, that term is not found once in the CBA.
This post was edited on 5/13/15 at 11:15 am
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5569 posts
Posted on 5/13/15 at 11:55 am to
quote:

not showing them the relevant texts only relating to the case while holding your phone is shady and not normal for an innocent person. They cant defend that


Wells was not a neutral investigator. Anything Brady handed over would not only be made public, but it would be twisted to fit Wells' pre-determined outcome. Brady had absolutely nothing to gain by turning over the info Wells asked for. If Brady turned it over, Wells would claim it was altered or incomplete anyway. Wells twisted the shite out of what Walt Anderson said and ignored a lot of facts in his report. What would make any sane person think he wouldn't have done the same or probably worse to Tom Brady's phone data?

This whole thread started b/c Wells went public trying to defend himself. If his report was truly unbiased, he would have never had to do that. Wells and the brady haters are screaming about how Brady didn't cooperate. Yet Brady was interviewed for 5.5 hours and answered EVERY question they asked including questions regarding the texts. It's interesting how brady is the subject of this whole thing and was interviewed for a day yet his testimony is absent for the most part from the report.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
72622 posts
Posted on 5/13/15 at 12:09 pm to
I said I thought Brady and Kraft would go that route, and it sure as hell looks like a possibility.
Posted by GFunk
Denham Springs
Member since Feb 2011
14968 posts
Posted on 5/13/15 at 12:50 pm to
quote:

Jcorye1
quote:

I said I thought Brady and Kraft would go that route, and it sure as hell looks like a possibility.


If you're in the BR area, I'll wager a 12 pack case of the Abita beverage of your choice that Tom Brady nor Bob Kraft open up the electronic records and personal information of any Pats Employee-whether we're talking "deflators" or other flunkies, all the way up to Tom Shady himself-to the subpoena power of a courtroom in order to push this issue.

It will not happen. The Discovery process and the subpoenas that will compel the production of said personal information is something they aren't going to go through.
Posted by noonan
Nassau Bay, TX
Member since Aug 2005
36913 posts
Posted on 5/13/15 at 12:51 pm to
quote:

This isn't a court of law.


That might make it even worse, because it's now in the court of public opinion. And since it wouldn't stand in a court of law it won't stand with the public.

It's not like this is just a private company handling and investigation privately.
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