Let's rewind back to the beginning of January, The Oregon Ducks were facing the Ohio State buckeye's in the "grandaddy of them all." To all of you non-football folks, that's the rose bowl. Before the game we were told of the dynamic offense that oregon would bring to try to best OSU's stout defense. We were intrigued with the match up of Legarrette Blount and LaMichael James (oh and what is up with these names, sweet jesus!), going against Ohio State's line backing corp. We were also wondering how the much vaunted quarterback Jeremiah Masoli, a agile and fairly active quarterback would do against Ohio State's defensive line, and secondary. Well the game was very well played and Ohio State's athlete's made a difference in the end, and won the game, but Oregon and it's coach, Chip Kelly, made a good showing. It seemed both schools were doing well and represented themselves accordingly.
And then came the off season! Legarrett Blount of course was suspended most of the season for throwing a punch in the first game, but was allowed to play in the bowl game, and he did what we expected in the bowl game, he looked like who hadn't seen live football all season. He was not criminally charged though, he just looked like a loose cannon. It seemed as if the response of the administration and the coach were very fitting , if not a bit harsh. But then came the bombshell that Lamichael James (starting ruinning back all season) was going to plead guilty to an altercation involving domestic violence with his girlfriend, and that Jeremiah Masoli (the starting quarterback, and a Heisman mention for this season), was going to be indicted for a felony burglary. At this point, I have to admit I was starting to wonder about a lack of institutional control. Hold on to that thought, I will come back to it, but right now let's discuss the pleas they ....well pled to.
LaMichael James, he was charged with five misdemeanors including: strangulation,harassment, and assault. He pled to harassment, and was sentenced to 10 days in jail, but did not serve that based on jail overpopulation, and that, I assure was part of the plea. I assure you the judge, prosecutor, and defense attorney, knew darn well, he would not be doing any time, but we had to keep up appearances you know. If this is a first offense, or similar, this is a normal plea situation, he does community service, is on probation, blah, blah, blah. The only thing that irks me about this is the strangulation charge. I once had a wife, and lord knows I have been with enough women in my life that pissed me off. However, I do not think I have ever thought about strangling one of those crazies, now maybe the charged were trumped up, or part of an invalid or untruthful police report (those things happen all the time), then it's fine. However, if there is something to this domestic charge, are we just patting this guy on the rear end and sending him on his way, when he may have a real aggression problem? This kid is a freshman, he has never really had any serious adversity, and he is already putting his hands around a woman's throat? I guess if there is any meat to this allegation, my question isn't why he was on probation, why is this guy still at that university. Coincidentally, he was suspended by the coach for one game. Whew...I feel better about that, I bet the victim does too, and I am sure he learned his lesson.
So now let's go to Jermiah Masoli, the quarterback, and patron football saint of Eugene, Oregon. A lot of people had him on their watch list for Heisman contenders this season.....better update that list, as his career might just have gone up in flames. After having a not-so-stellar rose bowl, and shortly after it, I might add, Masoli, along with another ducks football player was involved in an action stealing laptop computers from a fraternity house. He was originally charged with felony burglary, and then at his arraignment pled to a reduced charge of misdemeanor burglary. He was then accordingly given probation, ordered to pay restitution court costs, and a fine. I will point out that James got more ordered days in jail then Masoli did...that is extremely curious, being that Masoli's charge was much more serious, and had a possibility of prison time. Masoli was given a full season suspension, and his actions and behavior will be looked at in a microscope from this moment on.
So what do we have here at the University of Oregon. At first we just thought it was a loose canon in Lagarrette Blount, he was given what seemed like a very stiff penalty, and by the bowl game, it seemed all kumbayah. But now we have the other running back with some very violent allegations against a girlfriend, and the starting quarterback who is involved in a felony burglary attempt. Do we have just some bad seeds, or has the University recruited a program of thugs, or lastly, is this football program doing something to make these kids think that they can get away with this stuff? No matter what, it looks like we have some pretty darn good, although, circumstantial evidence of a lack of institutional control of its football program. Vince Lombardi is known for saying winning isn't the most important thing, it is the only thing. Well, Lombardi, was a PROFESSIONAL coach. A coach in college is not there to push profits, and get championships, he is there , at least in part to help foster personal development, and help these kids learn life lessons.
What has Lamichael James Learned, or Lagarrette Blount, it seems they have learned that football is why they are in college, and if that is true, if that's what they have gotten out of this, they have been failed by scores of people. Masoli, may have learned a lesson, but he is still a student, and will still get a chance to play football again. But let's assume that all these students have learned what they should have, a lesson to future recruits is fairly clear. If you get recruited at the University of Oregon as a football player, as long as you don't force us to take actions against you, we will both protect you, and we're not too concerned what you do to the community at large. Because after all, you know how to play football, and that is what is really important. I hope these kids have learned some lessons, but the University of Oregon from top to bottom, has done absolutely nothing to help develop these men. It is Not Mr. Blount, Mr. James, or Mr. Masoli, I blame, they are`kids, and they will make mistakes, but I expect better jugment from the AD, Coach, and President, who should have certainly done better for these young men than what we have seen so far.
As always, keep sports on your mind, and the law on your side.
The Sports Law Blogger
www.sportslaw-sportslaw.blogspot.com
Sunday, March 14, 2010
Thursday, March 11, 2010
Justice Realized..or Justice Delayed?
Darent Williams' trial concluded today with a conviction for Willie Clark. Mr. Clark was a suspected gang member, and it was alleged that he shot a spray of bullets into the rented limo that Mr. Williams and his entourage were in that evening. Apparently the motive, was an altercation that happened at a night club, the night before, and I don't mean a frank sinatra blues club, I mean a strip club, the places that professional athletes flock to like mice to a really smelly slice of rocquefort. In any event, there were 16 other people in this limo, so Mr. Clark is charged with the murder of Williams, and attempted murder`of the rest.
After having read the coverage of the trial, it seems like the defense did a fine job. They cast credibility concerns on the main witness, and the jury really seemed to have a hard time convicting. At the end, the owner of the Denver Broncos (Mr. Williams team), said that he was glad to have conclusion to this case some three years after it happened. Everyone who reads this blog understands two things about me, when you have done something wrong I would like you to own up to it, but I also am a defense attorney, and this case stinks to high heaven of prosecutorial no-no's. I know I wasn't there, and I didn't hear the evidence, and I know that witnesses involved in the illegality are ok, but something isn't right here. We've got witnesses that say the defendant wasn't even in the car in which the bullets came from, and the only person who says the defendant did do it, was a guy who has a rap sheet as long as...well you place your own colorful analogy in said space.
On top of that the jury is asking questions to the judge asking if they can convict of murder is he is complicit,but not the primary offender, and on top of that, the only other evidence is from highly suspect folks who got their potential sentences in other criminal cases reduced by a combined 188 years for implicating Willie Clark. In the end, Willie Clark was convicted of all charges brought against him, that is murder of Darent Williams, and attempted murder of 16 others.
Now, I don't know what happened that night, I wasn't there, but I am wondering a few things, would this case have ever come to court if the victim was not a star player on the denver broncos, or any other multi-million dollar making professional sports club? Would this case have ever been brought up, say in a time other than this, other than this time in which it seems like flashy sports superstars have become targets because of their success, and dare I say brashness and entombed sense of entitlement? So I guess if this is about justice,a nd this case is a valid case, ok, there are some flimsy facts, we have those cases, and they can go either way. But, I really have a huge problem if this is a case of protecting our investment, of sending a message that those that make money will be protected no matter what.
I will just say this, I have seen several cases where charges ended up getting dropped, with similar facts to what I have seen and what has been reported here. I honestly believe, that because this was a discretionary case, that the prosecution felt forced to go for a conviction, where they might not have if this wasn't a professional athlete. This system is supposed to treat Darent Williams and Willie Clark the same way, or at least that what's the equal protection clause to the 14th amendment is supposed to guarantee. I will just leave this entry with one question, if the thug with no skills would have been shot and killed and the rich football player would have allegedly fired the shots, that is if the roles were switched, what do you think the chances are that Mr. Williams would be spending the rest of his life in jail? I know the answer and so do you.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
www.sportslaw-sportslaw.blogspot.com
After having read the coverage of the trial, it seems like the defense did a fine job. They cast credibility concerns on the main witness, and the jury really seemed to have a hard time convicting. At the end, the owner of the Denver Broncos (Mr. Williams team), said that he was glad to have conclusion to this case some three years after it happened. Everyone who reads this blog understands two things about me, when you have done something wrong I would like you to own up to it, but I also am a defense attorney, and this case stinks to high heaven of prosecutorial no-no's. I know I wasn't there, and I didn't hear the evidence, and I know that witnesses involved in the illegality are ok, but something isn't right here. We've got witnesses that say the defendant wasn't even in the car in which the bullets came from, and the only person who says the defendant did do it, was a guy who has a rap sheet as long as...well you place your own colorful analogy in said space.
On top of that the jury is asking questions to the judge asking if they can convict of murder is he is complicit,but not the primary offender, and on top of that, the only other evidence is from highly suspect folks who got their potential sentences in other criminal cases reduced by a combined 188 years for implicating Willie Clark. In the end, Willie Clark was convicted of all charges brought against him, that is murder of Darent Williams, and attempted murder of 16 others.
Now, I don't know what happened that night, I wasn't there, but I am wondering a few things, would this case have ever come to court if the victim was not a star player on the denver broncos, or any other multi-million dollar making professional sports club? Would this case have ever been brought up, say in a time other than this, other than this time in which it seems like flashy sports superstars have become targets because of their success, and dare I say brashness and entombed sense of entitlement? So I guess if this is about justice,a nd this case is a valid case, ok, there are some flimsy facts, we have those cases, and they can go either way. But, I really have a huge problem if this is a case of protecting our investment, of sending a message that those that make money will be protected no matter what.
I will just say this, I have seen several cases where charges ended up getting dropped, with similar facts to what I have seen and what has been reported here. I honestly believe, that because this was a discretionary case, that the prosecution felt forced to go for a conviction, where they might not have if this wasn't a professional athlete. This system is supposed to treat Darent Williams and Willie Clark the same way, or at least that what's the equal protection clause to the 14th amendment is supposed to guarantee. I will just leave this entry with one question, if the thug with no skills would have been shot and killed and the rich football player would have allegedly fired the shots, that is if the roles were switched, what do you think the chances are that Mr. Williams would be spending the rest of his life in jail? I know the answer and so do you.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
www.sportslaw-sportslaw.blogspot.com
Sunday, February 28, 2010
Updates: And the Steroid Witchhunt continues.....
So, as you may very well have noticed, there has been no action on this blog for a long time. The reason for that is that I was studying for the Minnesota Bar Exam, now that the exam is over, I will be blogging at least once a week, so without further ado....the next installment of this blog.
Recently one of the stellar athletes on the New York Mets, shortstop, Jose Reyes, met with federal investigators, including members of the FBI, to talk about his contact with suspected steroid doctor, Dr. Anthony Galea. Apparently Mr. Reyes met with the good doctor and had some blood oxygenated and then put back in his body, Reyes denied that Galea ever put HGH in his blood or the drug, Actovegin. "Blood Spinning," as it is sometimes called, is the process of taking blood from an athlete, spinning it very quickly in a machine that helps to activate the blood platelets, and then the blood is put back into the athlete. There is some evidence to suggest this therapy will help athletes heal easier.
My big concern here isn't what Jose Reyes did or did not do. Frankly, I am very concerned about the continuing witch hunt here. I have yet to hear any evidence that suggests that the damage done by people who want to put steroids in their body are so harmful that it is worth the resources we are putting into the investigations and prosecutions. I have not seen any evidence that these actions have done anything besides try to shame athletes, and protect the "good" name of baseball and the other professional sports associations. I have not seen how this has done any good, yet it continues, somehow there seems to be continuing political will to do these things. `With rampant unemployment, and an economy that by anyone's estimates is falling into the core of the earth, we are concerned with steroids, seriously?
Further, I read that Jose Reyes didn't mind talking to the feds, as he "has nothing to hide." Are you an absolute idiot....of course you have something to hide. And even if Fine Mr. Reyes doesn't, just because you didn't something wrong doesn't mean you need to offer additional information to these zealous officers. I mean most normal folks around the country have done anything wrong either, but my guess is that if the police came banging on their door, and wanted to talk to them about their doctor, they probably either wouldn't comply or would darn well bring their attorney.
Maybe Reyes is concerned with how bringing an attorney with him would look, but when you have a painful tooth you don't go to your accountant, because you're worried the neighbors might know you eat too many snicker's, you go to dentist, because you want to keep your teeth. Now, if I were in his position, with all of his vast wealth, you can be assured I would bring my overpaid attorney to this little witch hunt meeting. Now I am sure, these fine FBI agents gave him assurances that they were not wanting to persecute him, but I imagine they told Barry Bonds that too. The fact is that these agents, and politicians get more legitimacy for this illegitimate, completely baseless investigation, with every high profile scmuck that gets caught in their net. That, I would submit, is why we don't hear much about minor league players, or high school seniors getting "caught in the net."
This will not end until either they get tired of this, or the public gets a stomach and starts imposing their political will, and political realities on these self appointed, moral idealogues, that are passing judgment in Washington D.C. The people who continue this stupidity are not showing their allegiance to either the rule of law or their love of the game. If no one else will stand up, and call them out, they will get it here, they will get their just deserts on this blog until it ends.
As always, keep the law on your side and sports on your mind.
The Sport Law Blogger
www.sportslaw-sportslaw.blogspot.com
Recently one of the stellar athletes on the New York Mets, shortstop, Jose Reyes, met with federal investigators, including members of the FBI, to talk about his contact with suspected steroid doctor, Dr. Anthony Galea. Apparently Mr. Reyes met with the good doctor and had some blood oxygenated and then put back in his body, Reyes denied that Galea ever put HGH in his blood or the drug, Actovegin. "Blood Spinning," as it is sometimes called, is the process of taking blood from an athlete, spinning it very quickly in a machine that helps to activate the blood platelets, and then the blood is put back into the athlete. There is some evidence to suggest this therapy will help athletes heal easier.
My big concern here isn't what Jose Reyes did or did not do. Frankly, I am very concerned about the continuing witch hunt here. I have yet to hear any evidence that suggests that the damage done by people who want to put steroids in their body are so harmful that it is worth the resources we are putting into the investigations and prosecutions. I have not seen any evidence that these actions have done anything besides try to shame athletes, and protect the "good" name of baseball and the other professional sports associations. I have not seen how this has done any good, yet it continues, somehow there seems to be continuing political will to do these things. `With rampant unemployment, and an economy that by anyone's estimates is falling into the core of the earth, we are concerned with steroids, seriously?
Further, I read that Jose Reyes didn't mind talking to the feds, as he "has nothing to hide." Are you an absolute idiot....of course you have something to hide. And even if Fine Mr. Reyes doesn't, just because you didn't something wrong doesn't mean you need to offer additional information to these zealous officers. I mean most normal folks around the country have done anything wrong either, but my guess is that if the police came banging on their door, and wanted to talk to them about their doctor, they probably either wouldn't comply or would darn well bring their attorney.
Maybe Reyes is concerned with how bringing an attorney with him would look, but when you have a painful tooth you don't go to your accountant, because you're worried the neighbors might know you eat too many snicker's, you go to dentist, because you want to keep your teeth. Now, if I were in his position, with all of his vast wealth, you can be assured I would bring my overpaid attorney to this little witch hunt meeting. Now I am sure, these fine FBI agents gave him assurances that they were not wanting to persecute him, but I imagine they told Barry Bonds that too. The fact is that these agents, and politicians get more legitimacy for this illegitimate, completely baseless investigation, with every high profile scmuck that gets caught in their net. That, I would submit, is why we don't hear much about minor league players, or high school seniors getting "caught in the net."
This will not end until either they get tired of this, or the public gets a stomach and starts imposing their political will, and political realities on these self appointed, moral idealogues, that are passing judgment in Washington D.C. The people who continue this stupidity are not showing their allegiance to either the rule of law or their love of the game. If no one else will stand up, and call them out, they will get it here, they will get their just deserts on this blog until it ends.
As always, keep the law on your side and sports on your mind.
The Sport Law Blogger
www.sportslaw-sportslaw.blogspot.com
Saturday, November 14, 2009
Richard Collier: A Man Among Boys
Richard Collier sat in a courtroom on last thursday, and watched a jury decide on the fate on Tyrone Hartsfield. Mr. Hartsfield was accused of shooting Richard Collier, as retribution, because Mr. Collier beat him up in a fight some weeks before the incident in question.
I know I have some non-sports fans, that read this blog, so allow me to introduce you to Richard Collier. Richard Collier played for division three valdosta state, a small school in Georgia, and although he wasn't recruited or payed attention to by the nfl scouts, he believed in himself. And so, he fought for himself, and earned a spot on the offensive line of the Jacksonville Jaguars, he earned that spot, and got to play ahead of several veterans, almost all of them more highly regarded than he was. In his time on the Jaguars, Richard was thought of as hard working, honest, and an overall good guy.
However, all of that changed after he was cowardly shot and paralyzed, by Mr. Hartsfield. Mr. Collier lost one leg, and now has to be helped in the most basic of functions. He cannot enjoy the life that has been earned through a lifetime of hard work. However, he doesn't complain, he is upset that society has so much violence, he is saddened that doesn't have use of his legs,but he believes he has a good life.
Let's contrast that with that of the defendant. He was accused of this crime because he decided to tell people about it, and because the trial of evidence went straight to him. He stood up after a jury of his peers convicted him, and told the judge and jury that this wasn't fair, that he has been maligned by the system. I guess my response to that is.....CRAP!
I am a defense attorney, and one that represented indigent clients, I saw people from all walks and manners of life, and from every circumstance you can think of. I have represented child molesters, drug addicts, and all sorts of undesirables. Let me just tell you Mr. Defendant, you had a decent attorney, they made the motions for you, you were given your rights, but it was not the system that put you in this position, it was you.
It was not the stupidity of the system that got into a fight with a NFL offensive lineman, and then because your pride was wounded, tried to kill him. It was not your lawyer, the judge, nor the jurors, that told others about your plight, it was not us, that used the intelligence of two castrated squirrels, when deciding to go on this wonderful expedition that you went on.
I just wonder did it ever occur to you that MAYBE, it was not the greatest idea in the world to attack someone you had a loud, obvious, fight with, that maybe just maybe, when something happened to this local celebrity, that folks might, I don't know ask you where you were? Were you under the impression that people just weren't as bright as you, or maybe that you were such a hardcore gangsta that the police wouldn't dare to ask a brother like yourself where you were, or what you were doing?
I just have one more question, have you procreated? Because, God I hope not. I hope the same small minded, retarded sense of stupidity/entitlement has not bled through any other organisms. Richard Collier had his life almost ended by you, and now every day his life has been drastically altered by your mind numbing stupidity and rashness. But he has not spent that time being ravaged by depression or sadness, he is trying to make the best of his situation, and he says he has a good life.
You see, he is a man. Richard Collier, has so much inner strength, not even a thousand bullet's can bring him down, not a hundred knuckleheads and criminal deviants, can make him less of a man, less of a hero to those of us who have watched him courageously be much more than a football player.
So to Richard Collier, I salute you, to Tyrone Hartsfield, I want you to look at the man who you shot. I want you to examine your life, and how you deal with adversities and pains, and I hope you change the way you look at things. Because Richard Collier, is a man of great courage and conviction. Should you become 1/10 of the man you victimized that september day, I think you could consider your life successful.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
I know I have some non-sports fans, that read this blog, so allow me to introduce you to Richard Collier. Richard Collier played for division three valdosta state, a small school in Georgia, and although he wasn't recruited or payed attention to by the nfl scouts, he believed in himself. And so, he fought for himself, and earned a spot on the offensive line of the Jacksonville Jaguars, he earned that spot, and got to play ahead of several veterans, almost all of them more highly regarded than he was. In his time on the Jaguars, Richard was thought of as hard working, honest, and an overall good guy.
However, all of that changed after he was cowardly shot and paralyzed, by Mr. Hartsfield. Mr. Collier lost one leg, and now has to be helped in the most basic of functions. He cannot enjoy the life that has been earned through a lifetime of hard work. However, he doesn't complain, he is upset that society has so much violence, he is saddened that doesn't have use of his legs,but he believes he has a good life.
Let's contrast that with that of the defendant. He was accused of this crime because he decided to tell people about it, and because the trial of evidence went straight to him. He stood up after a jury of his peers convicted him, and told the judge and jury that this wasn't fair, that he has been maligned by the system. I guess my response to that is.....CRAP!
I am a defense attorney, and one that represented indigent clients, I saw people from all walks and manners of life, and from every circumstance you can think of. I have represented child molesters, drug addicts, and all sorts of undesirables. Let me just tell you Mr. Defendant, you had a decent attorney, they made the motions for you, you were given your rights, but it was not the system that put you in this position, it was you.
It was not the stupidity of the system that got into a fight with a NFL offensive lineman, and then because your pride was wounded, tried to kill him. It was not your lawyer, the judge, nor the jurors, that told others about your plight, it was not us, that used the intelligence of two castrated squirrels, when deciding to go on this wonderful expedition that you went on.
I just wonder did it ever occur to you that MAYBE, it was not the greatest idea in the world to attack someone you had a loud, obvious, fight with, that maybe just maybe, when something happened to this local celebrity, that folks might, I don't know ask you where you were? Were you under the impression that people just weren't as bright as you, or maybe that you were such a hardcore gangsta that the police wouldn't dare to ask a brother like yourself where you were, or what you were doing?
I just have one more question, have you procreated? Because, God I hope not. I hope the same small minded, retarded sense of stupidity/entitlement has not bled through any other organisms. Richard Collier had his life almost ended by you, and now every day his life has been drastically altered by your mind numbing stupidity and rashness. But he has not spent that time being ravaged by depression or sadness, he is trying to make the best of his situation, and he says he has a good life.
You see, he is a man. Richard Collier, has so much inner strength, not even a thousand bullet's can bring him down, not a hundred knuckleheads and criminal deviants, can make him less of a man, less of a hero to those of us who have watched him courageously be much more than a football player.
So to Richard Collier, I salute you, to Tyrone Hartsfield, I want you to look at the man who you shot. I want you to examine your life, and how you deal with adversities and pains, and I hope you change the way you look at things. Because Richard Collier, is a man of great courage and conviction. Should you become 1/10 of the man you victimized that september day, I think you could consider your life successful.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Sunday, November 8, 2009
What Exactly Is This World Coming To?
That is my comment when I heard the specifics of the arrest of Delonte West on weapons charges. I mean picture this, you are riding home on your three wheeled motorcycle, on your way back from (Let’s take his word, and say he was on way back from the shooting range…yeah!), and you swerve in front of a police officer at 10 pm, and he has the audacity to be upset. And if you’re constitutional rights have not been affronted enough, now he gets all bent out of shape when you honestly admit that you have a few weapons. Now what are a few weapons……,well just two loaded handguns, a shotgun, and a 8.5 inch bowie knife, I mean what’s the problem with that? And to all of you law and order type people that are going to complain that there are laws in Maryland that prohibit that sort of thing, it seems like we are forgetting one important fact. While he was out, he could have been brutalized by the entire Maryland State Zoo….because other than that I can’t see a possible reason this individual with demonstrated bipolar issues should have more weaponry than the national guard!
Well since this is a law and sports blog, let’s bring in the law. In Maryland carrying or transporting a concealed weapon are misdemeanor charges in nature and classification. Usually, the term misdemeanor means that the potential penalty is no more than 12 months in jail. However, Maryland is screwy, (I tend to think it’s because they are too close to D.C., and we know what kind of fruits, nuts, and flakes reside there), and they have made these weapons charges while still technically a misdemeanor, with a potential penalty of three years in jail per charge. It seems our thug wannabe, Mr. West, has now been indicted on eight charges. Now I am not good with math, in fact I am so bad with math, that once a municipal court judge in Ohio banned me from using math in his courtroom (it was difficult math…well maybe not…anyway), but even with my bad math I know that Delonte West is looking at the possibility of a long time in jail.
So , he is looking at a possible jail time of 24 years, which looks very bad, but upon looking at the Maryland system, and understanding how athletes are treated in that system, I would not be that worried, if I were him. Why you ask? Well first of all let me explain some things about how charges get brought up, and why. I once worked for a prosecuting attorney who would never indict or charge anyone unless they knew they could get a conviction. However, as a defense attorney I worked with many prosecuting attorneys who overcharged my clients. That is they charged with things that they knew they could never get a conviction on, In fact, the only reason they were charged with those crimes, were so the prosecutor could do me a favor, and “drop” those charges to help me out. This is very similar to a retail store increasing the price on something higher than it should be, just so that they can put it on “sale” later.
In any event, in this case, there is little to no chance that all of these weapons charges will stay on the record; this is all part of the game that the lawyers play. There will be a plea bargain in this case, I imagine all of the weapons charges will be dropped, he will plea to reckless driving or some junk like that, he will pay significant fines, he might even be placed on probation, so that the judges in that county can pretend they are being hard on crime. Further, I imagine we will get some ridiculous comment from the prosecuting attorney in Prince George County, Maryland, on how Delonte West was, "treated like any other citizen." But rest assured Delonte West will not be missing any games because he is in jail, at least not related to these charges.
But the fact that Delonte West will have little to no consequences for this, doesn’t make this case one that ought to be swept under the rug. This man had two semi-automatic pistols that were loaded and ready to kill, he had a shotgun, and a knife that measured 8.5 inches, and all of this for someone who has been upfront with his bipolar issues in the past. I guess I just wonder what the heck was going on, and the answers to that question are frightening no matter what the answer is. Because either he brought all of those weapons to a shooting range, and is either unconcerned or unaware that it is a problem to be in possession of a weapons arsenal in your vehicle. The other option is that he wasn’t at a shooting range, maybe there were much more nefarious things afoot, maybe there was much more illegality going on than what he has been charged. The answer to either one of those questions, makes me want to stay out of the states of Maryland and Ohio.
What would have happened if any of those handguns has discharged, like they did to Plexico Burris? What would have happened if Delonte West would have gotten into an argument with another driver? What would have happened if he would have made it home, but left one of the weapons in his motorcycle, and it was stolen by some kids? Delonte west certainly has the right to act as stupid as he wants, and put himself in jeopardy, all he wants. However, when you take actions that are so reckless, so beyond the pale of normalcy, and do things that can have far reaching effects on all of us; you no longer get the right to be so stupid.
I know Delonte West won’t be doing serious prison time for this event, but I want him to know what he did, how reckless he was, and how many lives above and beyond his own he could have pointlessly ended that night if things would have spiraled out of control. I want him to comprehend what has happened here, and of he can’t or won’t do that, he has no more right to a weapon than I do teaching mathematics at MIT.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Well since this is a law and sports blog, let’s bring in the law. In Maryland carrying or transporting a concealed weapon are misdemeanor charges in nature and classification. Usually, the term misdemeanor means that the potential penalty is no more than 12 months in jail. However, Maryland is screwy, (I tend to think it’s because they are too close to D.C., and we know what kind of fruits, nuts, and flakes reside there), and they have made these weapons charges while still technically a misdemeanor, with a potential penalty of three years in jail per charge. It seems our thug wannabe, Mr. West, has now been indicted on eight charges. Now I am not good with math, in fact I am so bad with math, that once a municipal court judge in Ohio banned me from using math in his courtroom (it was difficult math…well maybe not…anyway), but even with my bad math I know that Delonte West is looking at the possibility of a long time in jail.
So , he is looking at a possible jail time of 24 years, which looks very bad, but upon looking at the Maryland system, and understanding how athletes are treated in that system, I would not be that worried, if I were him. Why you ask? Well first of all let me explain some things about how charges get brought up, and why. I once worked for a prosecuting attorney who would never indict or charge anyone unless they knew they could get a conviction. However, as a defense attorney I worked with many prosecuting attorneys who overcharged my clients. That is they charged with things that they knew they could never get a conviction on, In fact, the only reason they were charged with those crimes, were so the prosecutor could do me a favor, and “drop” those charges to help me out. This is very similar to a retail store increasing the price on something higher than it should be, just so that they can put it on “sale” later.
In any event, in this case, there is little to no chance that all of these weapons charges will stay on the record; this is all part of the game that the lawyers play. There will be a plea bargain in this case, I imagine all of the weapons charges will be dropped, he will plea to reckless driving or some junk like that, he will pay significant fines, he might even be placed on probation, so that the judges in that county can pretend they are being hard on crime. Further, I imagine we will get some ridiculous comment from the prosecuting attorney in Prince George County, Maryland, on how Delonte West was, "treated like any other citizen." But rest assured Delonte West will not be missing any games because he is in jail, at least not related to these charges.
But the fact that Delonte West will have little to no consequences for this, doesn’t make this case one that ought to be swept under the rug. This man had two semi-automatic pistols that were loaded and ready to kill, he had a shotgun, and a knife that measured 8.5 inches, and all of this for someone who has been upfront with his bipolar issues in the past. I guess I just wonder what the heck was going on, and the answers to that question are frightening no matter what the answer is. Because either he brought all of those weapons to a shooting range, and is either unconcerned or unaware that it is a problem to be in possession of a weapons arsenal in your vehicle. The other option is that he wasn’t at a shooting range, maybe there were much more nefarious things afoot, maybe there was much more illegality going on than what he has been charged. The answer to either one of those questions, makes me want to stay out of the states of Maryland and Ohio.
What would have happened if any of those handguns has discharged, like they did to Plexico Burris? What would have happened if Delonte West would have gotten into an argument with another driver? What would have happened if he would have made it home, but left one of the weapons in his motorcycle, and it was stolen by some kids? Delonte west certainly has the right to act as stupid as he wants, and put himself in jeopardy, all he wants. However, when you take actions that are so reckless, so beyond the pale of normalcy, and do things that can have far reaching effects on all of us; you no longer get the right to be so stupid.
I know Delonte West won’t be doing serious prison time for this event, but I want him to know what he did, how reckless he was, and how many lives above and beyond his own he could have pointlessly ended that night if things would have spiraled out of control. I want him to comprehend what has happened here, and of he can’t or won’t do that, he has no more right to a weapon than I do teaching mathematics at MIT.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Friday, November 6, 2009
The Bet That Did Not Pay Off
Tim Donaghy was released from jail on Wednesday, after having served 13 months of his 15-month sentence for conspiring to engage in wire fraud and transmitting betting information through interstate commerce. Essentially, he was part of the largest betting scandal in the history of the NBA. The allegation was that he received money to ensure certain results. In at least a couple of instances, the NBA believes the final score may have been decided by this referee, not the players.
Mr. Donaghy was released from federal prison in June and transferred to a halfway house. In theory, he was supposed to go to work and then come back to the halfway house. He did not go to work as required and was consequently sentenced to additional time in the county jail.
I would like to explain the federal sentencing system and halfway houses because, well, they are confusing. Essentially, there is amazing latitude and discretion given to almost every major player in the course of dealing with a particular inmate. Now there are several reasons for this-- one is that the definition and scope of federal crimes are fundamentally different than state crimes. That, along with the need to rehabilitate this extremely broad section of individuals, illustrates the need for great latitude and flexibility. However, the cynic in me says another reason for this is that anything the federal government touches turns into a mess. Further, I might even say having a system that permits abuse and corruption by over-broadening the roles of all involved is a prerequisite for federal regulations and laws.
Federal sentencing guidelines do not have a specific sentence for crimes; rather, everything is in terms of ranges. Even when there is a specific sentence, the time actually served is always less than the total imposed--at least for criminals who are essentially non-violent and will therefore have to be assimilated back into society. So, the typical criminal sentence is a period of time, or a range of potential time; and the last portion of that, typically the last 15% or so, is to be served at a halfway house. A halfway house is a mostly locked-down facility in which the inmates have a set bedtime, very specific rules, and a federally-mandated job. While in the halfway house, the convicts are still technically inmates in federal custody. Further, they have to obey all the orders of the halfway house; and they have to go to work. If they behave themselves, they get more and more privileges, including eventually the possibility of weekend privileges and more freedom. Essentially, as one of the judges I used to work for liked to say, "you have the keys to the jailhouse."
However if you do not obey the rules, as you are still a federal inmate, you can be sentenced to serve the rest of the time that you would have done at the halfway house, or in some cases, just for not obeying orders, you can be charged with an additional crime. The Federal System, for non-violent offenders, typically has no one serve their entire sentence. That much is obvious to the casual observer both in this case, and the case of Michael Vick.
So now that we have some background, what happened with Mr. Donaghy? Well, it seems that the gambling that got him into trouble was not the only gambling he was to be doing. He, as a halfway house prisoner, was to report to work every day. He decided to not to that, apparently he thought he would see if they missed him. So as a consequence of that instead of getting more and more privileges, he got to spend the last few months of his incarceration in the overly enjoyable confines of the county jail. Now I can see why he decided to test the system and see if they would miss him. I mean it's not like he was the only person arrested in a very high profile gambling ring, or that the prisoners as well as half of ESPN was following every move he made, or that he was told in excruciating detail about the need to follow directions by the judge, his attorney, the officials in the prison, and when he entered the half way house (for God's sake even Paris Hilton can follow jail rules!).
I don't think Tim Donaghy is the worst individual I have ever heard of, but I think he may very well be one of the dumbest. I understand that gambling is an addiction, and one that he suffers with. I understand that the ways in which he got into this are not simple, and that once embroiled in the middle of this thunderstorm, it became difficult, if not impossible for him to extricate himself. However, once he decided, with the advice of his attorneys to plead guilty, he had to understand the best way to get through this was to play by the rules, and move on with his life.
However, Tim Donaghy chose not to do that. At first, I was sorry for him, I thought that he had a problem, an addiction. I am very understanding of that because almost all of my clients have addiction to one thing or the other. Further, addictions are difficult, there is no easy switch to push, even after you decide to find a new path in life. But gambling with your professional life is one thing, having been sent to prison is another thing, but choosing not to follow the clear rules, when the application of the consequences of those rules are so certain, seems, well beyond reckless.
Tim Donaghy has taken to betting on everything. He bet on the basketball games he was supposed to referee for, he bet on his livelihood, his freedom, and then he bet that he could skirt the rules of the federal prison system. Betting is desirable because the opportunity for a quick payoff, a high risk for a great reward. I certainly recognize his risk, I just wonder what his reward was.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Mr. Donaghy was released from federal prison in June and transferred to a halfway house. In theory, he was supposed to go to work and then come back to the halfway house. He did not go to work as required and was consequently sentenced to additional time in the county jail.
I would like to explain the federal sentencing system and halfway houses because, well, they are confusing. Essentially, there is amazing latitude and discretion given to almost every major player in the course of dealing with a particular inmate. Now there are several reasons for this-- one is that the definition and scope of federal crimes are fundamentally different than state crimes. That, along with the need to rehabilitate this extremely broad section of individuals, illustrates the need for great latitude and flexibility. However, the cynic in me says another reason for this is that anything the federal government touches turns into a mess. Further, I might even say having a system that permits abuse and corruption by over-broadening the roles of all involved is a prerequisite for federal regulations and laws.
Federal sentencing guidelines do not have a specific sentence for crimes; rather, everything is in terms of ranges. Even when there is a specific sentence, the time actually served is always less than the total imposed--at least for criminals who are essentially non-violent and will therefore have to be assimilated back into society. So, the typical criminal sentence is a period of time, or a range of potential time; and the last portion of that, typically the last 15% or so, is to be served at a halfway house. A halfway house is a mostly locked-down facility in which the inmates have a set bedtime, very specific rules, and a federally-mandated job. While in the halfway house, the convicts are still technically inmates in federal custody. Further, they have to obey all the orders of the halfway house; and they have to go to work. If they behave themselves, they get more and more privileges, including eventually the possibility of weekend privileges and more freedom. Essentially, as one of the judges I used to work for liked to say, "you have the keys to the jailhouse."
However if you do not obey the rules, as you are still a federal inmate, you can be sentenced to serve the rest of the time that you would have done at the halfway house, or in some cases, just for not obeying orders, you can be charged with an additional crime. The Federal System, for non-violent offenders, typically has no one serve their entire sentence. That much is obvious to the casual observer both in this case, and the case of Michael Vick.
So now that we have some background, what happened with Mr. Donaghy? Well, it seems that the gambling that got him into trouble was not the only gambling he was to be doing. He, as a halfway house prisoner, was to report to work every day. He decided to not to that, apparently he thought he would see if they missed him. So as a consequence of that instead of getting more and more privileges, he got to spend the last few months of his incarceration in the overly enjoyable confines of the county jail. Now I can see why he decided to test the system and see if they would miss him. I mean it's not like he was the only person arrested in a very high profile gambling ring, or that the prisoners as well as half of ESPN was following every move he made, or that he was told in excruciating detail about the need to follow directions by the judge, his attorney, the officials in the prison, and when he entered the half way house (for God's sake even Paris Hilton can follow jail rules!).
I don't think Tim Donaghy is the worst individual I have ever heard of, but I think he may very well be one of the dumbest. I understand that gambling is an addiction, and one that he suffers with. I understand that the ways in which he got into this are not simple, and that once embroiled in the middle of this thunderstorm, it became difficult, if not impossible for him to extricate himself. However, once he decided, with the advice of his attorneys to plead guilty, he had to understand the best way to get through this was to play by the rules, and move on with his life.
However, Tim Donaghy chose not to do that. At first, I was sorry for him, I thought that he had a problem, an addiction. I am very understanding of that because almost all of my clients have addiction to one thing or the other. Further, addictions are difficult, there is no easy switch to push, even after you decide to find a new path in life. But gambling with your professional life is one thing, having been sent to prison is another thing, but choosing not to follow the clear rules, when the application of the consequences of those rules are so certain, seems, well beyond reckless.
Tim Donaghy has taken to betting on everything. He bet on the basketball games he was supposed to referee for, he bet on his livelihood, his freedom, and then he bet that he could skirt the rules of the federal prison system. Betting is desirable because the opportunity for a quick payoff, a high risk for a great reward. I certainly recognize his risk, I just wonder what his reward was.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Thursday, November 5, 2009
Donald Sterling and his legacy
Donald Sterling certainly has a legacy, he has long earned the title of the one of the stingiest owners in all of sports. And there has been a definite consequence of being that stingy, he has continually lost any good players he has had in his tenure as owner of the Los Angeles Clippers. He has lost those players to other teams, teams with owners who understood that you need to spend money to have a good product. I would submit George Steinbrenner as the anti Donald Sterling. In any event, I would have to say that Mr. Sterling has earned the legacy of professional impotence. That is, from this point on, I believe in terms of his professional career as an owner of that franchise, that the Clippers will be looked as one of the most futile franchises in all of sports.
However Mr. Sterling has, as all of us do, another legacy that he will leave this earth with, a personal legacy. Because all of the career losses and personnel faux pas in the world, do nothing to define what kind of man, Mr. Sterling is. However, some of his actions do, specifically actions taken against him. I submit one of those actions that define his personal legacy, is the 2.735 Million dollar judgment that has just been levied against him by the United States Department of Justice for using discriminatory housing policies in properties he owns in downtown Los Angeles.
Now let's not forget that Mr. Sterling has considerable financial capitol, one conservative estimate is that he is worth at least $500 million dollars, having made most of his money through lucrative real estate deals. Also I will state one of the more distasteful portions of this, he also is an attorney.
Let me state very briefly my understanding of the Fair Housing Act, which is what Mr. Sterling has been charged with violating. Essentially it states, that a landlord may not discriminate on whom he rents based on a number of protected classes, and one of those unsurprisingly is race. According to the FHA, you cannot deny someone the right to have housing, if they are otherwise qualified, based on a protected status, again, in this case based on their race.
Well guess what happened....yes reader, you guessed it. Our fair fat cat owner, let me remind you also an attorney and very established real estate entrepreneur, who is worth over $500 million , decided he needed to hurt the very people who most needed protection. The allegations against Mr. Sterling are that he discriminated against Black and Latino families who wanted to rent some of his properties that he owned in the downtown Los Angeles area. Apparently Mr. Sterling and his wife, stated that Black and Latinos were not desirable tenants.
You know maybe a landlord could get away with that kind of bigotry in an area in which they are...how do I say this diplomatically, not as many Blacks and Latinos per capita as downtown Los Angeles? So not only should he know better than to do this, as he is an attorney and real estate aficionado, but he also is being brazen and obvious with his discriminatory practices. Seriously, can I give Donald Sterling my, OMG are you that stupid , award of the day?
Stupidity is one thing, but this fat cat is discriminating against a group of people that need help the most, he is worth more than most people who will ever come into his path, will ever see, and he is blatantly stopping them from attaining the most basic of needs. When was the last time Mr. Sterling had to fight and plead, just to get a roof over his head.
Being professionally impotent in terms of how bad he has run the clippers through the years is one thing. However, Donald Sterling has attained a new level of personal depravity, by attempting to make money when he knowingly was not only violating the law (something if he currently holds a California bar car, could put him in hot water as far as the ethics board) , but also doing it knowing the dire effects it can have, and doing it so obviously, it was if he was screaming, "come after me if you dare."
One day we will all leave this earth, and the only thing left will be our legacy. I hope you are happy with yours Mr. Sterling, I hope all of your self-serving, stingy, arrogant actions have brought you great enjoyment in this life. However, you will not judge your own legacy, you will be judged at a minimum by those left after your are gone. So far Mr. Sterling, your record is crystal clear.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
However Mr. Sterling has, as all of us do, another legacy that he will leave this earth with, a personal legacy. Because all of the career losses and personnel faux pas in the world, do nothing to define what kind of man, Mr. Sterling is. However, some of his actions do, specifically actions taken against him. I submit one of those actions that define his personal legacy, is the 2.735 Million dollar judgment that has just been levied against him by the United States Department of Justice for using discriminatory housing policies in properties he owns in downtown Los Angeles.
Now let's not forget that Mr. Sterling has considerable financial capitol, one conservative estimate is that he is worth at least $500 million dollars, having made most of his money through lucrative real estate deals. Also I will state one of the more distasteful portions of this, he also is an attorney.
Let me state very briefly my understanding of the Fair Housing Act, which is what Mr. Sterling has been charged with violating. Essentially it states, that a landlord may not discriminate on whom he rents based on a number of protected classes, and one of those unsurprisingly is race. According to the FHA, you cannot deny someone the right to have housing, if they are otherwise qualified, based on a protected status, again, in this case based on their race.
Well guess what happened....yes reader, you guessed it. Our fair fat cat owner, let me remind you also an attorney and very established real estate entrepreneur, who is worth over $500 million , decided he needed to hurt the very people who most needed protection. The allegations against Mr. Sterling are that he discriminated against Black and Latino families who wanted to rent some of his properties that he owned in the downtown Los Angeles area. Apparently Mr. Sterling and his wife, stated that Black and Latinos were not desirable tenants.
You know maybe a landlord could get away with that kind of bigotry in an area in which they are...how do I say this diplomatically, not as many Blacks and Latinos per capita as downtown Los Angeles? So not only should he know better than to do this, as he is an attorney and real estate aficionado, but he also is being brazen and obvious with his discriminatory practices. Seriously, can I give Donald Sterling my, OMG are you that stupid , award of the day?
Stupidity is one thing, but this fat cat is discriminating against a group of people that need help the most, he is worth more than most people who will ever come into his path, will ever see, and he is blatantly stopping them from attaining the most basic of needs. When was the last time Mr. Sterling had to fight and plead, just to get a roof over his head.
Being professionally impotent in terms of how bad he has run the clippers through the years is one thing. However, Donald Sterling has attained a new level of personal depravity, by attempting to make money when he knowingly was not only violating the law (something if he currently holds a California bar car, could put him in hot water as far as the ethics board) , but also doing it knowing the dire effects it can have, and doing it so obviously, it was if he was screaming, "come after me if you dare."
One day we will all leave this earth, and the only thing left will be our legacy. I hope you are happy with yours Mr. Sterling, I hope all of your self-serving, stingy, arrogant actions have brought you great enjoyment in this life. However, you will not judge your own legacy, you will be judged at a minimum by those left after your are gone. So far Mr. Sterling, your record is crystal clear.
As always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
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