Brady destoyed phone

[remote controller 133]

http://www.msn.com/en-us/sports/nfl/report-tom-brady-destroyed-phone-suspension-to-be-upheld/ar-AAdBouH

 

"Stephen A. Smith said on ESPNs First Take Tuesday morning that a source told him Roger Goodell will not reduce or overturn Bradys 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."

[thePRO 78]

Now reports say that they are still discussing a settlement...

 

Make up your dang mind Goodell/NFL!

[Flgatorguy87 160]

Destroyed his phone?

[jdon 28]

I don't care what he destroyed. Four games for some balls is stupid.

stupid.

 

I

[remote controller 133]

Suspension upheld!!!

 

To Pats fans everywhere:

 

https://www.youtube.com/watch?v=A44GOlZrlVs

[Ray_T 591]

I don't care what he destroyed. Four games for some ###### balls is stupid.

###### stupid.

 

I

I agree. They have made far more out of this than was necessary.

[remote controller 133]

He brought it on himself. That is so evident. Had he played ball and handed over phone, it would have been a mere slap.

[murf74 461]

Destroyed tapes destroyed phone DESTROYED legacy

 

Tom fricking Brady.

[Skinny_Bastard 154]

Cheater.

[R8RMick 242]

Heard today the NFL investigator never asked for the phone per se, only pertinent emails and texts.

 

It was also stated that Brady regularly destroys his cell phone every six months or so.

 

I hope he sues. Oh the comedy forthcoming. ..

[DankNuggs 305]

oh he's suing, and he will win...

[Frozenbeernuts 1,652]

oh he's suing, and he will win...

I doubt he wins. It all boils down to the commish has the power to determine if an action is detrimental to the league, and per the CBA he has the power to determine what the appropriate punishment should be.

[DankNuggs 305]

I doubt he wins. It all boils down to the commish has the power to determine if an action is detrimental to the league, and per the CBA he has the power to determine what the appropriate punishment should be.

and what was Brady's action that was detrimental to the league?

[Frozenbeernuts 1,652]

and what was Brady's action that was detrimental to the league?

Thats up to the commish to decide. Not me

[remote controller 133]

and what was Brady's action that was detrimental to the league?

being a lil girl about all of this.

 

Cover up was much worse than the crime.

[weepaws 2,460]

Don't know if Brady can win , but I sure hope so . Would love to see this get real ugly .

[remote controller 133]

People are angry at Goodell. They forget......he works for 32 owners and does their bidding.

[lesjroza 70]

He brought it on himself. That is so evident. Had he played ball and handed over phone, it would have been a mere slap.

 

He didn't even have to hand the phone over, just saying no would have been fine. There was really no requirement that he do so.

 

 

oh he's suing, and he will win...

 

Its a truly uphill battle, though supposedly a liberal judge got the appointment which may be the NFLPAs only chance/

 

 

I doubt he wins. It all boils down to the commish has the power to determine if an action is detrimental to the league, and per the CBA he has the power to determine what the appropriate punishment should be.

 

Yep, the process went exactly according to the CBA which the NFLPA agreed to so the chances of having it undone are not great.

 

You can ask 5 different lawyers the same question and get 5 different answers but I found the below informative. (Long read)

 

http://www.atlredline.com/no-destroying-tom-bradys-cell-phone-was-not-okay-1720689663

 

Since Roger Goodell broke the Internet on Tuesday by upholding Tom Brady’s four-game suspension for deflating footballs, every NFL fan and critic has suddenly turned into a lawyer.

Lost amidst the speculation and prognostication about appeals, lawsuits, injunctions, and venues is the bombshell contained in Roger Goodell’s decision that Brady destroyed the cellphone he used before, during and after the critical AFC title game against the Colts last year.

From November of 2014 until March of 2015, Brady sent and received nearly 10,000 text messages — most of which are now gone thanks to the coincidental death of the phone ON THE SAME DAMN DAY TED WELLS INTERVIEWED BRADY.

It is amazing how life is always more entertaining than fiction. As Goodell stated in his decision:

At the time he arranged for its destruction, Mr. Brady knew that Mr. Wells and his team had requested information from that cellphone in connection with their investigation. Despite repeated requests for that information, beginning in mid-February 2015 and continuing during his March 6, 2015 interview by the investigators, information indicating that Mr. Brady might have destroyed his cellphone was not disclosed until months later, on June 18, 2015, and not confirmed until the day of the hearing itself.

First of all. The NFL has no right to Brady’s cell phone. The NFL is not a law enforcement entity and it was not operating pursuant to a court-issued subpoena. Most importantly, the NFL and Brady were not yet engaged in civil litigation. Therefore, Ted Wells’ requests did not carry the same weight as a written interrogatory or request for production of document as is typically used during the civil discovery process.

In that respect, Brady seemingly had every right to throw up a one-finger salute and send his phone to the bottom of the Atlantic.

Except that this isn’t ‘Nam and there are rules — particularly about the destruction of evidence. These rules against the destruction of key evidence is what allows this country to maintain a legitimate civil justice system.

Although evidence and civil procedure are governed by differing rules depending upon the jurisdiction of a given case, there is a general duty among potential litigants to preserve vital evidence.

Specifically, the duty to preserve potentially relevant evidence may arise before the filing of a lawsuit if it is reasonably foreseeable that a lawsuit will be filed. It does not matter if the individual or organization is the initiator or the target of litigation, as the common law duty to preserve evidence arises at the moment that litigation is reasonably anticipated. The situation can arise, for example, if an individual or an organization plans to initiate litigation, a potential defendant receives a demand letter, a company learns that a former employee is seriously contemplating a lawsuit, or if an event or other circumstance would reasonably put an organization or an individual on notice that a lawsuit is likely to be filed.

In Brady’s case, his or the NFLPA’s attorneys will have to argue that litigation was somehow not reasonably foreseeable or anticipated despite every sports show talking head predicting that this situation would end up in court from the first day of the scandal. It seems highly implausible that a reasonable person in Brady’s situation would not foresee litigation and not think to preserve a cellphone after receiving multiple prior requests for it.

In addition, Federal Rule of Civil Procedure 37(e) states that:

Absent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.

Once again, Brady will try to argue that he routinely destroyed cell phones and that it was a giant coincidence that he happened to get rid of thousands of relevant messages on the same day investigators interviewed him.

So why does this actually matter? Well, because destroying his cell phone could ultimately crush any chance of success in a subsequent appeal or lawsuit due to sanctions allowed in every state and federal court.

As Federal Judge Francis Allegra aptly summarized in United Medical Supply Company, Inc. v. U.S., 77 Fed. Cl. 257, 259 (Fed. Cl. 2007):

Aside perhaps from perjury, no act serves to threaten the integrity of the judicial process more than the spoliation of evidence. Our adversarial process is designed to tolerate human failings—erring judges can be reversed, uncooperative counsel can be shepherded, and recalcitrant witnesses compelled to testify. But, when critical documents go missing, judges and litigants alike descend into a world of ad hocery and half measures—and our civil justice system suffers.

Since Brady purposefully instructed his assistant to destroy his phone on the same day of his interview with Ted Wells, I would fully expect the NFL to seek spoliation sanctions. These sanctions can include the outright dismissal of a case, monetary penalties, or the dreaded adverse inference jury instruction. This means that if Brady or the NFLPA sues the NFL, the judge could instruct a jury that they are allowed to draw an inference that the evidence contained in Brady’s phone would have been unfavorable to his case.

In most circumstances, an adverse inference is akin to an outright dismissal of the case since the jury (or sometimes the judge) is allowed to assume that whatever evidence was destroyed would have made the destroying party look awful.

There is no doubt that the NFL’s legal team will pursue an adverse inference. In Goodell’s decision letter, he states:

there was an affirmative effort by Mr. Brady to conceal potentially relevant evidence and to undermine the investigation. Mr. Brady’s conduct gives rise to an inference that information from his cellphone, if it were available, would further demonstrate his direct knowledge of and involvement with the scheme to tamper with the game balls prior to the AFC Championship Game.

Finally, in footnote 12 of Goodell’s decision, he hints that Brady was acting under the advice of his attorneys. If true, his attorneys could also face severe sanctions, and even potential disbarment, if they actually ordered the destruction of highly relevant evidence.

At this point, both the NFL and Brady appear set for a lengthy court battle. However, Brady’s chances of success are drastically reduced due to his willful destruction of evidence. Even attempting to gain an injunction becomes exponentially more difficult as Brady’s likelihood of success on his overall claim is clouded by the lingering civil sanctions for destroying his phone.

Brady is a great quarterback. He happens to play for a team I hate, but he is a force on the field. However, his decision-making off the field in this matter could both begin and accelerate his downfall.

[bonkbonk 5]

I hate the guy who tried to kill me less then Brady.

 

Brady was prepared when Drew got hurt. And he took over. Brady was/is a stud.

 

But his ascension is marred by THE ###### TUCK RULE. RAIDER NATION BITCHES!

 

Granted he has proven to be a winner when given the chance, which Belichick provided by cheating his ass off,

 

So here Brady is at the confluence of chance and being prepared, and seizes the moment and becomes a winner and a lock for the HOF.

 

But wait, the culture of getting ahead at the expense of what we ALL KNOW is right, seeps into your soul. Now its ok to do whatever the ###### you want to do.

 

Now your sh it does not stink because it worked and you have rings and a crazy wife.

 

I promise you Brady, your ###### stinks.

[remote controller 133]

Brady also got the (in best 3 year old voice)"poor Tom fall down rule" in place. What a pvssy!

[weepaws 2,460]

Maybe Brady has pic of his wife on his phone and he wanted to destroy them .

[Bills04 46]

I read something on this. Brady did NOT routinely destroy his old cell phones. He supposedly smashed the relevant one 1 or 2 days before he was interviewed (March 6th?). He still has his cell phone PRIOR TO the one that was destroyed. So, his destroying it was not "in due course" / something he routinely does.

 

When I first heard about his refusal to turn over the phone - I thought the same thing weepaws does. He's got nud!es of Giselle on there, and NO WAY was he going to let it out of his possession.

 

From when the Webb report was released, I believe the NFL already got the "other side" of the texts with the Pats equipment personnel, surrounding the AFC Championship Game. So, I think Brady has a good chance of having the phone issue thrown out. And, if that is the NFL's "smoking gun," maybe Brady will get back to the 1-game suspension that was offered, but the NFL wouldn't seal the records - and the plea deal fell apart.

[Flgatorguy87 160]

So delete the pictures and take more. He is married to the girl.

[Fenster 6]

He should accidentally dropped it off a boat in the ocean.

[lesjroza 70]

Maybe Brady has pic of his wife on his phone and he wanted to destroy them .

 

 

When I first heard about his refusal to turn over the phone - I thought the same thing weepaws does. He's got nud!es of Giselle on there, and NO WAY was he going to let it out of his possession.

 

 

So delete the pictures and take more. He is married to the girl.

 

Its possible you guys are thinking about this from your point of view rather than Tom Brady's. If you have been married to a lingerie model for awhile chances are you have made peace with the idea of leering men ogling your wife's private (public?) areas.

 

Instead of not wanting others to see pics of his wife, its more likely he had pics on the phone of somebody else that he did not his wife to see.

 

Just sayin'.......

[giraldi02 470]

I'll take it one step further Les.

 

I'm willing to bet he had some less than flattering comments about either coaches, NFL / NFLPA higher ups, teammates, or all of the above.

 

Additionally, breaking your cell phone is one thing.

 

Having someone else destroy it for you goes way beyond normal behavior, even for a celebrity.

[weepaws 2,460]

Its possible you guys are thinking about this from your point of view rather than Tom Brady's. If you have been married to a lingerie model for awhile chances are you have made peace with the idea of leering men ogling your wife's private (public?) areas.

 

Instead of not wanting others to see pics of his wife, its more likely he had pics on the phone of somebody else that he did not his wife to see.

 

Just sayin'.......

Naw I just really don't care about the whole deflate gate and phone deal at all .

[Flgatorguy87 160]

Again....I'm sure he couldn't find another young lady willing to supply more. Should've deleted what was concerning and saved the conversation with the ball boy. It would've immediately cleared him if it indeed was one sided.

 

 

 

 

Its possible you guys are thinking about this from your point of view rather than Tom Brady's. If you have been married to a lingerie model for awhile chances are you have made peace with the idea of leering men ogling your wife's private (public?) areas.

 

Instead of not wanting others to see pics of his wife, its more likely he had pics on the phone of somebody else that he did not his wife to see.

 

Just sayin'.......

[Hawkeye21 1,854]

I truly believe that he had incriminating information on his phone that he couldn't let get out in the public. Could have to do with the deflategate crap or could have to do with some serious personal stuff. Maybe it's both. I think he may have had stuff on his phone that could possibly ruin his marriage like texts to other women or pics he's traded with other women. Who knows, maybe he's been sexting a boyfriend.

 

I think it's very obvious that he destroyed the phone so no one could access it and figured he would just take the suspension or fight it another way. If he had nothing to hide I see no reason why he wouldn't have just given them his phone and everything would be over now.

[Donkey 34]

I truly believe that he had incriminating information on his phone that he couldn't let get out in the public. Could have to do with the deflategate crap or could have to do with some serious personal stuff. Maybe it's both. I think he may have had stuff on his phone that could possibly ruin his marriage like texts to other women or pics he's traded with other women. Who knows, maybe he's been sexting a boyfriend.

 

I think it's very obvious that he destroyed the phone so no one could access it and figured he would just take the suspension or fight it another way. If he had nothing to hide I see no reason why he wouldn't have just given them his phone and everything would be over now.

Everything would be over? That's a good one.

 

Plus the NFLPA is a union and was advising him not to hand over his phone as it would set precedent.

[DankNuggs 305]

every team issued phone was submitted for investigation... there is nothing there despite the minions falling over themselves for something to get offended about.

 

The appeal isn't necessarily based on evidence, but on proving the league didn't follow its own protocols and had no reasonable precendent for the punishment doled out... Considering the fact that criminal behavior is being punished less severely than an unproven suspicion over a negligable amount of air in a football... I believe he has a good case for overturning. Sounds like the judge agrees and is encouraging a deal.

[Djgb13 2,338]

every team issued phone was submitted for investigation... there is nothing there despite the minions falling over themselves for something to get offended about.

 

The appeal isn't necessarily based on evidence, but on proving the league didn't follow its own protocols and had no reasonable precendent for the punishment doled out... Considering the fact that criminal behavior is being punished less severely than an unproven suspicion over a negligable amount of air in a football... I believe he has a good case for overturning. Sounds like the judge agrees and is encouraging a deal.

Honestly I agree with this. Nfl doesn't have a right to his phone and his lawyers were right in saying that he shouldn't turn his personal cellphone over as it would set a bad precedent. If it wasn't issued by the team then nfl has no claim over it. They aren't the police

[ralphster 274]

every team issued phone was submitted for investigation... there is nothing there despite the minions falling over themselves for something to get offended about.

 

The appeal isn't necessarily based on evidence, but on proving the league didn't follow its own protocols and had no reasonable precendent for the punishment doled out... Considering the fact that criminal behavior is being punished less severely than an unproven suspicion over a negligable amount of air in a football... I believe he has a good case for overturning. Sounds like the judge agrees and is encouraging a deal.

 

No matter what the appeal is based on or about Brady destroying the phone was bad. Damning even.

 

Honestly I agree with this. Nfl doesn't have a right to his phone and his lawyers were right in saying that he shouldn't turn his personal cellphone over as it would set a bad precedent. If it wasn't issued by the team then nfl has no claim over it. They aren't the police

 

Agreed - not the police. And destroying the phone the day he talked to Teddy was still an unwise choice to make.

 

Also agreed a lot of this is much ado about nothing but the point I keep coming back to is: If Brady really was in the clear and really did not conspire to deflate footballs then why destroy the phone? Further why then make statements about how he 'regularly destroys his phones'? All the spin and fact mongering aside, tell me one (or several if you've got them) good reason why Tom Terrific would destroy his phone if it did not implicate him in the deflategate. If he's innocent of all charges then that phone and the resultant texts from the ball boys would have exonerated him right? RIGHT?

 

He could have deleted all Gisele's booby pics and any other cheating sexting w other womens, he could have deleted the contact info for the hooker service he uses while on the road, he could have removed any files he deemed unnecessary and still cooperated with the investigation by handing over the phone. But he didn't. When asked for it he destroyed the phone, shortly after being interviewed by Wells. And why?

 

Because he's guilty of conspiring to deflate footballs and the phone held evidence of that exact conspiracy.

[Donkey 34]

 

No matter what the appeal is based on or about Brady destroying the phone was bad. Damning even.

 

 

Agreed - not the police. And destroying the phone the day he talked to Teddy was still an unwise choice to make.

 

Also agreed a lot of this is much ado about nothing but the point I keep coming back to is: If Brady really was in the clear and really did not conspire to deflate footballs then why destroy the phone? Further why then make statements about how he 'regularly destroys his phones'? All the spin and fact mongering aside, tell me one (or several if you've got them) good reason why Tom Terrific would destroy his phone if it did not implicate him in the deflategate. If he's innocent of all charges then that phone and the resultant texts from the ball boys would have exonerated him right? RIGHT?

 

He could have deleted all Gisele's booby pics and any other cheating sexting w other womens, he could have deleted the contact info for the hooker service he uses while on the road, he could have removed any files he deemed unnecessary and still cooperated with the investigation by handing over the phone. But he didn't. When asked for it he destroyed the phone, shortly after being interviewed by Wells. And why?

 

Because he's guilty of conspiring to deflate footballs and the phone held evidence of that exact conspiracy.

Well then why not just delete the evidence of the conspiracy and then hand over the phone?

[Gepetto 987]

Break the rules. Destroy the tapes. Break the law. Destroy the gun. Destroy the security system. Manipulate/break the rules. Destroy the cell phones. All to cover up the sinister behavior. It's the Patriots way.

[lesjroza 70]

Break the rules. Destroy the tapes. Break the law. Destroy the gun. Destroy the security system. Manipulate/break the rules. Destroy the cell phones. All to cover up the sinister behavior. It's the Patriots way.

 

The Patriot Way, what does it mean?

 

What if Gepetto was sitting at this table rather than Willie?

 

http://www.nfl.com/videos/nfl-network-total-access/0ap2000000314405/What-is-the-Patriot-way

[ralphster 274]

Well then why not just delete the evidence of the conspiracy and then hand over the phone?

 

The reading comprehension thing. You're doing it wrong.