dbair1967

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Harold Henderson unlikely to alter Ezekiel Elliott*suspension
Posted by Mike Florio on August 28, 2017, 9:55 PM EDT

The Ezekiel Elliott appeal hearing starts on Tuesday. Whenever a ruling comes (and it surely will come before Week One), don’t expect Harold Henderson to reduce or scrap the six-game suspension.

According to Clarence E. Hill of the Fort Worth Star-Telegram, Henderson is “unlikely” to vacate the punishment without the presentation of “new evidence” that would justify it. Also, Henderson won’t be inclined to reduce the suspension without Elliott showing contrition or admitting responsibility.

Elliott isn’t expected to admit guilt, given that he staunchly has professed his innocence. Likewise, with Henderson not requiring the NFL to make Tiffany Thompson available to be cross-examined, “new evidence” that could come from an aggressive interrogation that undermines her credibility can’t happen. (She also wasn’t cross-examined before the initial decision was made.) With Henderson also refusing to require the NFL to make available to Elliott’s lawyers transcripts and notes of the interviews of Thompson, Elliott’s lawyers won’t be able to search for something/anything that would cause the case against Elliott to collapse.

Henderson’s unwillingness to scrap or shrink the suspension without new evidence or contrition, respectively, highlights the confusion emanating from the entire appeal process. If, as the NFL previously has said, the standard on appeal is whether the initial decision was arbitrary and capricious, new evidence or contrition shouldn’t matter at all. The appeal would be heard based solely on the record of evidence generated in connection with the initial decision, and nothing more.

It seems like the standard on appeal, as a practical matter, is this: “Try to change my mind.” And Elliott’s lawyers will be making that effort with both hands tied behind their backs, given the inability to question Thompson and the reality that any effort by Elliott to prove his innocence will be regarded as a lack of contrition.

Initially, I was reluctant to call these proceedings a “kangaroo court.” Based on the definition of the term, however, it is.
Elliott didn’t get a fair hearing at the lower level (where the person who made the decision didn’t even attend the proceedings). Elliott won’t get a fair hearing on appeal. His only chance at getting a fair shake will be in court.

Yes, the NFLPA under the late Gene Upshaw agreed to this process. But Upshaw surely never intended that the Commissioner’s full power over matters of this nature would be not simply abused but warped, twisted, and bastardized.

It almost seems as if the NFL is pushing the boundaries as aggressively as possible in order to force the union to make a concession in order to change the rules. Ultimately, the question becomes whether all players will give up something in order to protect the small handful of players per year who find themselves on the wrong side of a process that makes third-world judges look like King Solomon.
 

cockstrong

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Blame the union for this

They gave up these rights for more money

No one to blame but themselves
 

dbair1967

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Blame the union for this

They gave up these rights for more money

No one to blame but themselves

Yeah like I said to someone else, nobody could have foreseen the league going this full out ****** with this stuff.
 

MrB

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Blame the union for this

They gave up these rights for more money

No one to blame but themselves

Exactly. Guilt or innocence has nothing to do with. The players union signed a contract making Goodell judge, jury, and executioner. The union gave Goodell the right to do whatever the hell he wants. It's written in black and white in the contract. That's why I do not see any judge overturning his suspension, regardless of what her text messages say. That's also why in the best interest of the team Zeke should just sit out the 6 games to start the season. If he wants to sue the NFL and the girl in civil court later to get his money back then fine but he has no legal right to stand on when it comes to the penalty Goodell handed down. No sense in continuing the distraction. It's only hurting the team at this point.
 

dbair1967

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Exactly. Guilt or innocence has nothing to do with. The players union signed a contract making Goodell judge, jury, and executioner. The union gave Goodell the right to do whatever the hell he wants. It's written in black and white in the contract. That's why I do not see any judge overturning his suspension, regardless of what her text messages say. That's also why in the best interest of the team Zeke should just sit out the 6 games to start the season. If he wants to sue the NFL and the girl in civil court later to get his money back then fine but he has no legal right to stand on when it comes to the penalty Goodell handed down. No sense in continuing the distraction. It's only hurting the team at this point.

The team is only hurt because he was unjustly suspended.
 

MrB

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The team is only hurt because he was unjustly suspended.

That in itself has no barring on the actual games. The distraction it causes week in and week out when Zeke and the team are constantly questioned does though. The quicker you get it over with the quicker it goes away. Think of it like a band aid... RIGHT OFF!.. is the best way to go. The longer you drag it out the worse off you are.
 

dbair1967

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mike fisher ✭

@fishsports
Sources: #Cowboys #EzekielElliott NFL Hearing Extended To Include 'Star Witness' Against Accuser Tiffany Thompson
http://
scout.com/nfl/cowboys/Ar
ticle/Sources-Cowboys-Ezekiel-Elliott-NFL-Hearing-Extended-To-Include--106657189*
 

dbair1967

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Josina Anderson

@JosinaAnderson
Also could there be photos presented that would go against injuries depicted within the case timeline? #EzekielElliott
Adam Schefter

@AdamSchefter
Ezekiel Elliott's appeal of his six-game suspension with the NFL is scheduled to last through Thursday, per a source.
8:25 PM - Aug 29, 2017



Josina Anderson

@JosinaAnderson
I'm told, this is because one witness can't be available until Thurs morning, as of now. So appeal is slated to last through then right now.
https://
twitter.com/AdamSchefter/s
tatus/902688815105667072*
 

dbair1967

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Josina Anderson

@JosinaAnderson
I was told tonight if Henderson were truly a neutral arbitrator not hired by NFL, there'd be "incredible optimism" abt Tuesday's proceeding.
https://
twitter.com/JosinaAnderson
/status/902711131684425729*

Josina Anderson

@JosinaAnderson
Re. Ezekiel Elliott appeal proceeding Tues, I was told there were "enormous showings on inconsistencies" w/ the #NFL's investigative report.
https://
twitter.com/JosinaAnderson
/status/902712893082390528
 

dbair1967

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Shefter and others out there today saying they believe suspension is going to be reduced.

When you read some of Josina Anderson's stuff along with the comments today from Shefter and others, its readily apparent the NFL's utter b/s ruling is starting to come apart at the seams. Shefter says they have SWORN testimony of people in Zeke's corner refuting a lot of, if not all of this, whereas the league's "investigation" included no sworn testimony or any threat of prosecution for lying to support their decision.

I really think attorneys would have a field day with all of this if the league doesn't back off.
 

dbair1967

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Appeals hearings are done, the wait begins.

The hope is they rule by Monday, but apparently if they don't rule by Tuesday at 3pm (edit, 4pm) he plays week 1 vs NYG.
 

dbair1967

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Elliott will play Week One if there’s no ruling by Tuesday at 4:00 p.m.*ET
Posted by Mike Florio on August 31, 2017, 5:53 PM EDT

With the Ezekiel Elliott appeal hearing over, he’s a point from earlier this week that bears repeating — and highlighting:*By rule, any player suspension that isn’t final by 4:00 p.m. ET before a given Sunday does not become effective that week.

This means that, if arbitrator Harold Henderson doesn’t issue a ruling by 4:00 p.m. ET on Tuesday, Elliott will be able to play in the Week One game against the Giants.

Henderson is expected to issue a ruling by then. Regardless, he’ll have his work cut out for him as he digests 25 hours of hearing time and crafts a ruling that is aimed at surviving a likely challenge in federal court.

Commissioner Roger Goodell previously suspended Elliott six games for violating the Personal Conduct Policy, based on alleged domestic violence committed in July 2016.
 

yimyammer

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Shefter and others out there today saying they believe suspension is going to be reduced.

When you read some of Josina Anderson's stuff along with the comments today from Shefter and others, its readily apparent the NFL's utter b/s ruling is starting to come apart at the seams. Shefter says they have SWORN testimony of people in Zeke's corner refuting a lot of, if not all of this, whereas the league's "investigation" included no sworn testimony or any threat of prosecution for lying to support their decision.

I really think attorneys would have a field day with all of this if the league doesn't back off.

Gonna have to go to court, I don't trust the NFL to overrule the NFL. Zeke deserves all or none, there is no in-between imo. They should have tacked on the exposed breast stunt so if they settled, it could have cleared Zeke of the DV but stuck him for a few games for his stupid St Pattys day stunt
 

dbair1967

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Gonna have to go to court, I don't trust the NFL to overrule the NFL. Zeke deserves all or none, there is no in-between imo. They should have tacked on the exposed breast stunt so if they settled, it could have cleared Zeke of the DV but stuck him for a few games for his stupid St Pattys day stunt

He didn't deserve to be suspended for that either. Fined maybe, but not suspended.

This whole thing has been 100% bogus by the league. There's absolutely zero defense anyone can come up with in terms of how this thing was handled.
 

yimyammer

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He didn't deserve to be suspended for that either. Fined maybe, but not suspended.

I think that would pass for conduct unbecoming to the league and I'd gladly sacrifice a few games if it got his dumb ass to wake up but he'll probably have to bottom out before some sense snaps into his noggin
 

dbair1967

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HOLY FUCKING SHIT. JFC. This is unfreakingbelievable. No wonder Jerry was so confident in no suspension and no wonder he was reportedly so livid with Goodell. This has absolutely gotta be the most corrupt shit in the history of the NFL.

Opening for Elliott? NFL investigator Kia Roberts recommended no suspension
By Clarence E. Hill Jr.
chill@star-telegram.com

After more than 25 hours of discussion, including Ezekiel Elliott testifying in his own defense, the hearing to appeal a six-game suspension of the Dallas Cowboys star running back for violating the league’s personal conduct policy finally ended Thursday afternoon. Now the wait begins for NFL arbitrator Harold Henderson to issue a decision on whether to uphold the suspension, reduce it or vacate it entirely.

Elliott’s hope of a significant reduction or success in federal count were improved during the proceedings that began on Tuesday, according to a source.

His camp promised controverting evidence to the league’s 13-month domestic violence investigation of Elliott, based on claims made by former girlfriend Tiffany Thompson. The possible bombshell evidence came in the form of NFL lead investigator Kia Roberts. Roberts recommended no suspension for Elliott following her interviews with Thompson during the investigation _ a fact she testified to during the appeals hearing with Henderson, according to a source.

Roberts’ no discipline recommendation is the main reason Cowboys owner Jerry Jones expressed so much confidence in Elliott not being suspended before the initial decision and is the likely the source of his anger since the NFL announced the suspension on Aug. 11.
Jones was told there would be no suspension by a top NFL executive, according to a source.

But Roberts’ recommendation never made it into the NFL’s final report and the official suspension letter on Aug. 11, which cited the league’s findings of three instances of domestic violence by Elliott against Thompson based on the victim’s testimony and photographic evidence.

Even more troubling is that when NFL commissioner Roger Goodell conducted a meeting to discuss discipline for Elliott, it included Lisa Friel, the senior vice president for investigations, Jeff Pash, executive vice president and general counsel and Adolpho Birch, senior vice president of labor policy and government affairs, among others. But Roberts was not at the meeting, where Friel recommended a six-game suspension to Goodell. It was testified during the appeal hearing that Friel barred Roberts from the meeting, per a source.

It’s those failures of the process that Elliott and the NFLPA attacked during the appeal hearing and plan to exploit if they have to go to federal court to seek a temporary injunction.

That Roberts’ recommendation never made it into the report and she was not involved in the decision making, even though she ran point on the fact finding with the accuser, are trap doors that could come back to haunt the NFL if this goes to federal court.
Now, the ball is in Henderson’s court.

It is little wonder that ESPN’s Adam Shefter reported Thursday that Henderson is being pressured into making a decision by Monday and that a reduction is likely.

The date is key because if a decision is not made by Tuesday, Elliott could be on the field for the Sept. 10 season opener against the New York Giants. As long as Elliott is under appeal, he is eligible to play. That is the assumption the Cowboys are operating on, according to a source.
And if a ruling comes back that is unacceptable to Elliott, it could spark a race to federal court for a possible temporary injunction to block the suspension.

If Elliott’s full suspension is upheld, he would be barred from taking part in any team activities starting on Saturday, the day of final roster cuts from 90 to 53. Elliott wouldn’t be eligible to return until the week of the Cowboys’ game against the Washington Redskins on Oct. 29. 
When the league suspended Elliott on Aug. 11, following a 13-month investigation into claims made by Thompson, it concluded that there was “substantial and persuasive evidence supporting a finding that (Elliott) engaged in physical violence against Ms. Thompson on multiple occasions during the week of July 16, 2016.”

Goodell’s decision was aided by a four-member advisory committee, including Peter Harvey, former attorney general of New Jersey; Ken Houston, a Hall of Fame player; Tonya Lovelace, chief executive of the Women of Color Network Inc.; and Mary Jo White, former U.S. attorney and former chair of the Securities and Exchange Commission.

He also cited photographic evidence and testimony of medical professionals.

The league has no verifiable proof that it was Elliott who caused injury to Thompson or was the source of the bruises. The pictures don’t show Elliott in the act of committing domestic violence and there were no witnesses.

So the evidence would not hold up in a court of law, per a source.

It essentially boiled down to a situation of the league believing Thompson more than it did Elliott.

Elliott was never charged or arrested in the incident as the Columbus, Ohio, city attorney’s office cited inconsistent and misleading information from Thompson.

Read more here: Dallas Cowboys: Elliott case might rest on NFL investigator | Star-Telegram
 

dbair1967

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Seriously, there is just no legitimate explanation other than this was EXTREME CORRUPTION by the NFL.

How can league owners really support this fucking troll anymore? And some want to give this piece of fucking garbage a 5 yr contract extension.
 

yimyammer

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But Roberts was not at the meeting, where Friel recommended a six-game suspension to Goodell. It was testified during the appeal hearing that Friel barred Roberts from the meeting, per a source.

Thats gonna exacerbate the conspiracy theories that claim the Giants/Mara are manipulating the system to punish the Cowboys
 
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