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re: Ted Wells Interviews with local boston station

Posted on 5/13/15 at 10:29 am to
Posted by GFunk
Denham Springs
Member since Feb 2011
14967 posts
Posted on 5/13/15 at 10:29 am to
quote:

TigerBait1127
quote:

The CBA lists what type of documents that players and clubs have to provide:


The section you quoted refers to tax-related documents. Which is completely irrelevant. Did you mean to copy and paste that part? Because its completely non-germane to the discussion here.
quote:

Didn't the NFLPA advise him not to turn over his cell phone? Personal communication on personal devices should be out of scope in there investigation.


Why should personal communication be out of scope in their investigation? They can ask. Brady doesn't-and didn't-have to turn it over. But on what basis are those communications on a personal device outside the scope?
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 5/13/15 at 10:30 am to
Oh clearly. What a joke. How about it was embarrassing, sensitive, private, or whatever

Again, why can't we screen your phone? What are YOU hiding. You've been had

If they really wanted Brady to pick and choose then they're stupid and wasting time

But they're not. They arrogantly thought we'd point the finger at Brady, "why wouldn't he just turn over his phone" and when the public reaction was that anyone with at least one brain cell left would tell them to "get fricked" they started spinning it.

These people are so deluded and drunk with authority they constantly misread the room.
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 5/13/15 at 10:30 am to
quote:

That is our whole point. Clearly, what ever was on his phone incriminated him, or he would have shared the relevant texts. That is why I think he is afraid of a real court. Those texts will be public to everyone if he goes there



Sounds like the other side of the Collins argument to me
Posted by wildtigercat93
Member since Jul 2011
112484 posts
Posted on 5/13/15 at 10:30 am to
quote:

That's the confusing part to me. Why not just go back and delete the messages? It's a very simple process on modern cell phones. Was the refusal based on principle alone?


I think they just didn't trust the source of the investigation and the intentions of it (Ted Wells said they didn't himself)

So instead of giving him those messages that you feel he will turn into what answers he wants (see:Walt Anderson), just don't give him anything else and wait for the appeal so you can tear the investigation up with a judge that's not on the NFL payroll
Posted by lsupride87
Member since Dec 2007
96691 posts
Posted on 5/13/15 at 10:31 am to
quote:

If there is anything incriminating in them, they are gone by now. So I don't see how he would be afraid of that either way
You never truly delete anything. A court can get the deleted messages from the phone provider correct?
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/13/15 at 10:32 am to
It seems the other way is easier and much less damning.
Posted by lsupride87
Member since Dec 2007
96691 posts
Posted on 5/13/15 at 10:32 am to
quote:

Sounds like the other side of the Collins argument to me
Nope. Collins was dealing with an actual court of law. I would lawyer up and not do shite. However, if my boss comes to me accusing me of something, and I have texts that prove I am innocent, I am not going to hold onto my texts on principle
Posted by wildtigercat93
Member since Jul 2011
112484 posts
Posted on 5/13/15 at 10:32 am to
quote:

Why should personal communication be out of scope in their investigation? They can ask. Brady doesn't-and didn't-have to turn it over. But on what basis are those communications on a personal device outside the scope?


If you have a right to refuse, then refusing it shouldn't be used as a main piece of evidence in your investigation.
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 5/13/15 at 10:33 am to
Yup, but they didn't ask for permission to have the provider release the records.

Inly 2 ways you get those, consent or warrant. And They release them all, and then they're reading all of his text messages

Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/13/15 at 10:33 am to
quote:

You never truly delete anything. A court can get the deleted messages from the phone provider correct?

Courts can recover text messages. Not sure if they can recover iMessages.

Not really relevant here. A court isn't going to subpoena his phone records.
This post was edited on 5/13/15 at 10:33 am
Posted by TigerBait1127
Houston
Member since Jun 2005
47336 posts
Posted on 5/13/15 at 10:33 am to
quote:

The section you quoted refers to tax-related documents. Which is completely irrelevant. Did you mean to copy and paste that part? Because its completely non-germane to the discussion here.



Uh, that was my point.

Those are the only documents listed under the Discovery portion of the CBA.

quote:

Why should personal communication be out of scope in their investigation? They can ask. Brady doesn't-and didn't-have to turn it over. But on what basis are those communications on a personal device outside the scope?



Let me rephrase: Outside of a reasonable scope. He can ask for them, but failure to turn over personal electronic evidence on a personal device does not raise a red flag in an investigation. Then again, Wells didn't go into it with a 3rd party audit mindset. He went in as a criminal attorney ready to support his client

Calling that out as not cooperating is absolutely ridiculous. It is not a reasonable request.
This post was edited on 5/13/15 at 10:35 am
Posted by lsupride87
Member since Dec 2007
96691 posts
Posted on 5/13/15 at 10:34 am to
quote:

Not really relevant here. A court isn't going to subpoena his phone records.
Even if he takes them to "federal court" that the patriot fans say? If he personally takes them to court(which he wont) I believe they absolutely will ask for those records
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 5/13/15 at 10:34 am to
Yeah, zero chance of that happening.
Posted by wildtigercat93
Member since Jul 2011
112484 posts
Posted on 5/13/15 at 10:34 am to
quote:

It seems the other way is easier and much less damning.


Go to court and if you undermine even a little bit of the report, it brings the entire report under scrutiny to the public eye

Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 5/13/15 at 10:34 am to
(no message)
Posted by lsupride87
Member since Dec 2007
96691 posts
Posted on 5/13/15 at 10:35 am to
quote:

then refusing it shouldn't be used as a main piece of evidence in your investigation.
I dont think it was. I just think to the common fan it adds to the look of guilt
This post was edited on 5/13/15 at 10:36 am
Posted by wildtigercat93
Member since Jul 2011
112484 posts
Posted on 5/13/15 at 10:35 am to
I don't think anyone in here said anything about a federal trial
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 5/13/15 at 10:35 am to
quote:

Go to court and if you undermine even a little bit of the report, it brings the entire report under scrutiny to the public eye

A lot of damage has already been done. The follow-up proceedings will garner much less attention.
Posted by lsupride87
Member since Dec 2007
96691 posts
Posted on 5/13/15 at 10:36 am to
quote:

I don't think anyone in here said anything about a federal trial
Dude Jcroyce was all over "federal court" when the suspension broke And I am pretty sure you were right there with him
Posted by wildtigercat93
Member since Jul 2011
112484 posts
Posted on 5/13/15 at 10:36 am to
quote:

I dont think it was


Based on the layout of the whole thing the punishment was for "not cooperating".
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