Report: Tom Brady destroyed phone, suspension to be upheld

[Irving Cowboy]

Report: Tom Brady destroyed phone, suspension to be upheld

Report: Tom Brady destroyed phone, suspension to be upheld
Larry Brown Sports
By Steve DelVecchio

The NFL is going to reject Tom Brady’s appeal and uphold the four-game suspension he is facing for his alleged role in Deflategate, according to one report.

Stephen A. Smith said on ESPN’s “First Take” Tuesday morning that a source told him Roger Goodell will not reduce or overturn Brady’s suspension. Perhaps more shocking, Smith cited a separate source who told him Brady actually destroyed his own personal cell phone rather than just refusing to turn it over.

We have known all along that the bigger issue here is Brady’s lack of cooperation during the Ted Wells investigation. The NFL was furious that Brady wouldn’t give up “relevant” text messages and emails that might help clarify his level of involvement — or lack thereof — in Patriots equipment managers allegedly letting air out of game balls.

Smith clarified that he was told by one source that the NFL is going stand by its four-game suspension within the next 24-48 hours, whereas the information about Brady destroying his cell phone was just “something I heard.” It was almost as if he was downplaying the information knowing how much of a bombshell the rumor was.

Reports in recent weeks have been all over the place regarding Brady’s appeal. There has been some indication that the two sides are working toward a settlement, though reports like this one make that seem unlikely.

If the NFL upholds the suspension, no one would be stunned. If someone can prove that Brady destroyed his cell phone, that would be tough for the New England Patriots quarterback to explain.

 

[peplaw06]

I would love for him to sue the NFL and the NFL to actually stick to its guns on this. They could subpoena his text messaging records from his phone company, or get a court order to turn them over. If Brady destroyed evidence after he knew it was at issue with the investigation, he could be hammered for spoliation of evidence.

But the NFL is in a tough position if they fight him... the integrity of the league is questioned either way, and there's really no winning.

 

[Doomsday]

I would love for him to sue the NFL and the NFL to actually stick to its guns on this. They could subpoena his text messaging records from his phone company, or get a court order to turn them over. If Brady destroyed evidence after he knew it was at issue with the investigation, he could be hammered for spoliation of evidence.

But the NFL is in a tough position if they fight him... the integrity of the league is questioned either way, and there's really no winning.

I mean, yeah. Were this a criminal case Brady would be in hot water. I wonder if he didn't spoilate the evidence, on the advice of his attorney and his agent? Since they probably well know there's really no recourse for the NFL if he did.

 

[peplaw06]

Spoliation is a serious offense in the context of civil suits.

 

[Doomsday]

Spoliation is a serious offense in the context of civil suits.

Would it be a separate civil case against him? Certainly can't ever be criminally charged can it?

 

[peplaw06]

No, it's not criminal charges... it's all handled in the same suit. He can be sanctioned by the court, including levying attorney's fees, etc. Not to mention it's potentially fatal to his suit against the NFL.

 

[Doomsday]

Not to mention it's potentially fatal to his suit against the NFL.

That to me strikes the idea that he was advised to destroy the phone.

 

[dbair1967]

Brady and Belichick are so fucking guilty here that its not even funny.

If the league had any real balls (and principles) they'd expand the punishments already doled out.

 

[peplaw06]

Why would his attorneys advise him to destory his phone if the result is it could prevent him from succeeding in his suit vs the NFL?

 

[Doomsday]

Why would his attorneys advise him to destory his phone if the result is it could prevent him from succeeding in his suit vs the NFL?

That's kinda what I just said, striking my own idea.

 

[ZeroClub]

Brady and Belichick are so fucking guilty here that its not even funny.

If the league had any real balls (and principles) they'd expand the punishments already doled out.

Destroyed his own phone! How preposterous is that?

... pretty unbelievable that an innocent person would do such a thing.

 

[bbgun]

his goal will be to get a temporary injunction and kick this down the road to next spring or something. proving irreparable harm to his career or likelihood to succeed on the merits will be tough, though.

 

[Top Cat 14/4/1]

On what basis does or would the NFL have the right to his cell phone? They have no power to request it and given the their rather lackluster ability to keep anything secret ANYTHING on the phone would soon be public knowledge whether it was related to the incident, so why shouldn't Brady keep it from them? I believe Brady was also a Union Representative so the NFL would be further in the hole on the issue because of various Union protection rules in labor relations. The issue gets very complicated. Unless we have a practicing civil or Union lawyer able to opine on possibilities his destruction of his own property is immaterial to any future lawsuit against the NFL. And I do believe that while the suit is on going the NFL cannot enforce its suspension. Given how slowly these things proceed once can easily see this all lasting long past Brady plays out his last couple of seasons before retiring.

All of which is beside the point that the NFL had no evidence of actual intent to violate rules and have, in point of fact, actually forgone punishing a known violation of the rule concerning the inflation of footballs. Or else have I missed the fining of the Colts and their equipment manager for his testing of one of the footballs during halftime of the game? That is a direct violation of the rules but I guess some pigskin pluckers are more equal than others.

 

[Bob Sacamano]

Spoliation is a serious offense in the context of civil suits.

I spoliated your mom last night.

 

[peplaw06]

On what basis does or would the NFL have the right to his cell phone? They have no power to request it and given the their rather lackluster ability to keep anything secret ANYTHING on the phone would soon be public knowledge whether it was related to the incident, so why shouldn't Brady keep it from them?

There's a difference between trying to prevent the league's access to his phone and destroying the phone. The league doesn't necessarily have a right to it, unless it's in the CBA under cooperating with league investigations. But you can't really help your pleas of innocence when you deny them access and then destroy the phone.

I believe Brady was also a Union Representative so the NFL would be further in the hole on the issue because of various Union protection rules in labor relations. The issue gets very complicated. Unless we have a practicing civil or Union lawyer able to opine on possibilities his destruction of his own property is immaterial to any future lawsuit against the NFL. And I do believe that while the suit is on going the NFL cannot enforce its suspension. Given how slowly these things proceed once can easily see this all lasting long past Brady plays out his last couple of seasons before retiring.

It's not immaterial to a future lawsuit. If he sues the league, the burden is on him to prove his case. If he destroyed evidence, he's going to have a harder time with that. And civil cases are completely different from criminal cases... so the 5th Amendment doesn't provide him any protection, the burden of proof is preponderance of the evidence not beyond a reasonable doubt, etc.

The NFL can also enforce their suspension so long as the Judge doesn't grant an injunction. That's what bbgun is talking about with irreparable harm and likelihood of success. Brady has to prove those things to get an injunction that would stay the league's suspension

All of which is beside the point that the NFL had no evidence of actual intent to violate rules and have, in point of fact, actually forgone punishing a known violation of the rule concerning the inflation of footballs. Or else have I missed the fining of the Colts and their equipment manager for his testing of one of the footballs during halftime of the game? That is a direct violation of the rules but I guess some pigskin pluckers are more equal than others.

If you presume that Brady refused to turn over his phone and destroyed it for a reason, then if you don't think the NFL had evidence, it's only because he prevented them from getting it.

 

[Doomsday]

Given how slowly these things proceed once can easily see this all lasting long past Brady plays out his last couple of seasons before retiring.

A friend is trollin trollin trollin...