Tom Brady—More Thoughts
I have been reading about the appeal of the Tom Brady Suspension by the NFL. They highlight the destruction of the phone which I addressed as spoilation of evidence in my previous blog.
In the suspension of Brady, the league cited the destruction of the phone. Let us not forget that the destruction of the phone was related to an investigation of a possible violation of equipment. In football, the ball is equipment. The Collective Bargaining Agreement has established violations of equipment to be punished by progressive fines.
Even if everything that Wells and Goodell alleged were true to support their claim that Brady had destroyed the phone to participate in a conspiracy or cover-up, the punishment for equipment violations per the contract would be progressive fines. Brady had no prior violations of equipment. Even if you argue that the destruction of the phone was so heinous that it elevated him to the top of the scale of fines, a four game suspension would be excessive. Moreover, spoilation of evidence only creates the presumption of wrongdoing. The presumption can be rebutted by other evidence like personal information or pictures which would be more embarrassing than destroying the phone. Additionally, it should not be forgotten that it has not been disclosed that the request for the phone was timely and properly made. Was the phone the property of the league? Only if it was the property of the league do we have anything to talk about if the phone was not subpoenaed or properly requested. More needs to be known in this area. There are privacy issues with the phone and other ways to get the information from the persons whom he might have allegedly texted.
What duty does a member of the union have to participate in an adversarial proceeding to assist in an investigation of himself? Is he not entitled to constitutional protections? If he fails in that duty what is the proper punishment? Is a four game suspension excessive for failure to properly cooperate? Any way you turn it, the four game suspension is still excessive. How does one person impede an investigation where multiple parties have the same information that he is punished for not disclosing and you have no definite facts of wrongdoing by anyone.? We must remember this punishment is for violation of equipment such that the psi may not have been maintained in all of the Patriot’s balls. The balls of the opposition and the kicker were not affected. No proof was ever offered that the violation of the psi affected the game in any way. The league should be embarrassed that they have spent so much money on this case to try to make an example of Brady. Shame on them! A four game suspension is excessive any way you turn it. There was no finding that Brady authorized the psi level change.
