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
Saturday, November 14, 2009
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
Sorry, All Yanks, and almost no law
Okay, on the initial post, I admitted that I was a sports dork. Okay, and on top of that I follow some teams religiously. Some of those teams, aren't exactly the most popular. One of those teams I like are the Yankees. I also want to warn you, there is like almost no law here, so if you wanted a long discussion on the viability of anti-trust regs and the federal pre-emption doctrine, well that's not gonna be here. But have no fear, my precocious friend, there will be a law and sports post later, it will refer to Donald Sterling, and his legacy of professional impotence.
In any event, in case you didn't see it, the Yankees won! Yes, for the first time in nine years, and despite acquiring the most expensive, and in some cases totally washed out players, the New York Yankees are now again the World Champions. Sure the team is made of steroid users, former Red Sox Players, Overpaid pitchers, seemingly washed out veterans, and one player who i know personally (Nick Swisher, I used to go to church with him). So as you can tell from that sterling description, I don't have my rose colored shades on, but hey, I lov 'em anyway.
Do you know what I love about them the most? It is the fabulous dysfunction, that they have, no, that they require, that I love. An angry, contemptuous owner, who expects success, acts like an angry taskmaster, but will give his teams every financial advantage. A hodge-podge of players who no one in their right mind would put together, chemistry...what chemistry (I don't need no stinkin' chemistry)? A new manager that was part of the dynasty, who has...well no experience. I mean didn't Joe Girardi just complete puberty? Then you have my boy A-Fraud, I love A-Rod, I love that he over thinks things, that everything is calculated, and that he is a total pr mess. You know what I love most about him, he is me, and you, and everyone else you know. A-Rod has done what all of us would have fallen into, had we been given the amazing talents he has, been put in contact with the people he did, and came from the place he did. So hate on A-Fraud all day long, but hate him or love him, the sport is just boring without him. Frankly this sport is awful without the Yankees, and all of their beautiful dysfunction. Look, now Boston fans now can go back to hating new york again with the passion of the soup nazi on seinfeld, and maybe they can get some players with the ability of winning a championship?
You can hate on the Yankees for all of the things I have listed, but here is what the Yankees do, that all of us could take stock in and follow. They want to win, they want to win every contest, every player and personnell lottery, heck, I think every time a steinbrenner goes to the store they race someone down the aisle with their cart to get to the checkout first(allright ....no steinbrenners' shop for themselves..). These guys and this organization does everything possible to win, they have made tons of money, and they will spend every dime of it on winning. I can't fault them for that, they earned the money, and they can spend it any darn way they want to. They are winners, and they put the entire city of New York on their back each time they go on to the field.
So I say, congrats yankees, you expected excellence, and it has been achieved, bravo.
As Always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
In any event, in case you didn't see it, the Yankees won! Yes, for the first time in nine years, and despite acquiring the most expensive, and in some cases totally washed out players, the New York Yankees are now again the World Champions. Sure the team is made of steroid users, former Red Sox Players, Overpaid pitchers, seemingly washed out veterans, and one player who i know personally (Nick Swisher, I used to go to church with him). So as you can tell from that sterling description, I don't have my rose colored shades on, but hey, I lov 'em anyway.
Do you know what I love about them the most? It is the fabulous dysfunction, that they have, no, that they require, that I love. An angry, contemptuous owner, who expects success, acts like an angry taskmaster, but will give his teams every financial advantage. A hodge-podge of players who no one in their right mind would put together, chemistry...what chemistry (I don't need no stinkin' chemistry)? A new manager that was part of the dynasty, who has...well no experience. I mean didn't Joe Girardi just complete puberty? Then you have my boy A-Fraud, I love A-Rod, I love that he over thinks things, that everything is calculated, and that he is a total pr mess. You know what I love most about him, he is me, and you, and everyone else you know. A-Rod has done what all of us would have fallen into, had we been given the amazing talents he has, been put in contact with the people he did, and came from the place he did. So hate on A-Fraud all day long, but hate him or love him, the sport is just boring without him. Frankly this sport is awful without the Yankees, and all of their beautiful dysfunction. Look, now Boston fans now can go back to hating new york again with the passion of the soup nazi on seinfeld, and maybe they can get some players with the ability of winning a championship?
You can hate on the Yankees for all of the things I have listed, but here is what the Yankees do, that all of us could take stock in and follow. They want to win, they want to win every contest, every player and personnell lottery, heck, I think every time a steinbrenner goes to the store they race someone down the aisle with their cart to get to the checkout first(allright ....no steinbrenners' shop for themselves..). These guys and this organization does everything possible to win, they have made tons of money, and they will spend every dime of it on winning. I can't fault them for that, they earned the money, and they can spend it any darn way they want to. They are winners, and they put the entire city of New York on their back each time they go on to the field.
So I say, congrats yankees, you expected excellence, and it has been achieved, bravo.
As Always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Wednesday, November 4, 2009
Roger Goodell is the whiniest man in America
Well the title says it all....okay, I will extrapolate a little on that. This about Mr. Goodell's recent testimony before congress, and the budding controversy about the "starcaps" case. For those of you that are not NFL fans, Minnesota Vikings or New Orleans Saints fans, or crazy sports fans, I will summarize briefly.
Two Minnesota Vikings Players and Two New Orleans Saints players took an over the counter supplement called starcaps, it did not say that it contained a certain diuretic in it, said diuretic is a banned substance according to the NFL, but it has no performance enhancing qualities, and that much is uncontroverted. Now the NFL and the NFLPA (NFL Players Association) when they sat down and agreed on a contract agreed to the NFL Substance abuse policy, which included suspensions for taking the diuretic that was in starcaps. When these four players were found to be in violation of that policy, they were suspended by the NFL. However, the Minnesota Vikings players initially sued the NFL in state court asking for an injunction, saying essentially the suspensions by the NFL, violated minimum employee protections in Minnesota state law, the NFL got the case removed to federal court, and the Federal District Court, ordered the case taken back to state court, as this case would hinge on the application of state law, not federal law. The state court, then decided that the Minnesota Vikings' players had a reasonable likelihood of success on its merits, and set the case for trial. The date of the trial is well beyond the football season, therefore, this litigation has allowed the players to play through two seasons worth, while fighting this suspension. The NFL, then appealed the decision, to the U.S. Court of Appeals, and they lost again. The NFL could also appeal to the U.S. Supreme Court, but their chances of success are very small there, although, I am certain they will try.
Now here is the controversy that I want to talk about. Roger Goodell has essentially gotten a legal butt whipping in Minnesota State Courts, A Federal District Court, and the Eighth Circuit U.S. Court of Appeals, and it may very well happen in the United States Supreme Court. So if you are Roger Goodell, the commissioner of the most powerful sports association in existence right now, and you have made it your business to pummel everyone in your path, what do you do? Do you get better lawyers, since all of your lawyers lost, no you don't do that. Okay, maybe you look at the actual item that has no performance enhancing qualities to it, maybe you just take that off the list, because, well it doesn't hurt anyone, or make the playing field unlevel, no you don't do that. What DO you do? Well, I will look in my crystal ball...aha, here is what you do. You go to congress, and cry you don't have enough power. I'm sorry this is the, ....ARE YOU KIDDING ME, moment of my day.
The NFL is by far the most popular, most financially capitalized, and most exciting sports league in the world, and they need congressional legislation, to help them enforce their own policy. Their argument is seriously that they need an exemption so they can violate state laws because they don't like them. Here is a novel concept, how about actually doing some research and make sure your CBA (Collectively Bargained Agreement), actually complies with the state laws of the states that you do business in. Why should the NFL be given an exemption that other organizations and corporation don't have? Do you honestly believe before Intel promulgates a policy, that they don't do some research and see if it can be legally applied in all the states it does business in?
Roger Goodell has from the very beginning of his tenure as NFL Commissioner, essentially been acting like Wyatt Earp, and shooting anything down he hasn't liked, he has been the proverbial sheriff of everything in his purview. He has been allowed to act like a schoolyard bully, from the Michael Vick situation to the Plexico Burress, to Adam "Pacman" Jones, the commissioner has done what he has wanted to. But now someone has stood up to him, who dared to do this aggregious action, well it was those terrible activist judges in Minnesota and in the Federal Court System. But unlike the Players Association, who Goodell smacks around like a punching bag at a mma gym, these judges are insulated from his control. The commissioner cannot fine these judges, or stop them from playing, so who does he go to, he finds an audience with the only group of blowhards with a bigger ego than him, our fine congressional representatives.
Can you imagine the scene at the congressional hearing ? On one side is Roger Goodell, the big bad sheriff of the NFL, and on the other side is the group of congressional bullies that decided to waste God only knows how much money on the steroids probe and hearings. Now, his request to essentially get a congressional pass, at the requirement that most of everyone else in the country has to do, namely to follow the laws of the individual states. So here he is asking congress for this pass, now let's remember at the time of the steroid hearings, he was there touting how effective the steroid policy was, and that was the reason they should not lose their anti-trust exemption, because they were somehow the golden example. Well now they are saying, "well, we weren't as good as we thought, and even though we said the reason we shouldn't lose the anti-trust was because of our great steroid policy, now we want you to help us violate state laws so we can enforce our own policy." Oh and I expect right after that he said, "please...please..with a cherry on top!" I don't think I have heard such high levels of whining, since the automobile companies came looking for bailouts.
The thing that irks me about this issue, is that Roger Goodell is an executive who has worked extensively with the cba for years and should understand it's limitations, he has the money to have the best labor law attorneys in the world in his payroll, and despite all of that he got out-lawyered by a couple of football players, who by all accounts have done little wrong in this case. If Roger Goodell didn't want that to happen he should have had better legal representation, and you know sometimes you just lose. When that happens, you take your lumps and go on, and tailor your product so you don't get screwed anymore. Did that happen here, no , essentially he doesn't want to change anything, he wants a congressional pass, he is saying, "I am more powerful than the state, than congress, I am an all powerful autocracy."
Ladies and Gentlemen of Congress, please allow labor law nuances to stay with the court, this has not historically, nor should it now be something congress pre-empts. For God's sake, I cannot think of a single organization more powerful than the NFL, do not take away the only way for its employees to fight this juggernaut.
And as always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Two Minnesota Vikings Players and Two New Orleans Saints players took an over the counter supplement called starcaps, it did not say that it contained a certain diuretic in it, said diuretic is a banned substance according to the NFL, but it has no performance enhancing qualities, and that much is uncontroverted. Now the NFL and the NFLPA (NFL Players Association) when they sat down and agreed on a contract agreed to the NFL Substance abuse policy, which included suspensions for taking the diuretic that was in starcaps. When these four players were found to be in violation of that policy, they were suspended by the NFL. However, the Minnesota Vikings players initially sued the NFL in state court asking for an injunction, saying essentially the suspensions by the NFL, violated minimum employee protections in Minnesota state law, the NFL got the case removed to federal court, and the Federal District Court, ordered the case taken back to state court, as this case would hinge on the application of state law, not federal law. The state court, then decided that the Minnesota Vikings' players had a reasonable likelihood of success on its merits, and set the case for trial. The date of the trial is well beyond the football season, therefore, this litigation has allowed the players to play through two seasons worth, while fighting this suspension. The NFL, then appealed the decision, to the U.S. Court of Appeals, and they lost again. The NFL could also appeal to the U.S. Supreme Court, but their chances of success are very small there, although, I am certain they will try.
Now here is the controversy that I want to talk about. Roger Goodell has essentially gotten a legal butt whipping in Minnesota State Courts, A Federal District Court, and the Eighth Circuit U.S. Court of Appeals, and it may very well happen in the United States Supreme Court. So if you are Roger Goodell, the commissioner of the most powerful sports association in existence right now, and you have made it your business to pummel everyone in your path, what do you do? Do you get better lawyers, since all of your lawyers lost, no you don't do that. Okay, maybe you look at the actual item that has no performance enhancing qualities to it, maybe you just take that off the list, because, well it doesn't hurt anyone, or make the playing field unlevel, no you don't do that. What DO you do? Well, I will look in my crystal ball...aha, here is what you do. You go to congress, and cry you don't have enough power. I'm sorry this is the, ....ARE YOU KIDDING ME, moment of my day.
The NFL is by far the most popular, most financially capitalized, and most exciting sports league in the world, and they need congressional legislation, to help them enforce their own policy. Their argument is seriously that they need an exemption so they can violate state laws because they don't like them. Here is a novel concept, how about actually doing some research and make sure your CBA (Collectively Bargained Agreement), actually complies with the state laws of the states that you do business in. Why should the NFL be given an exemption that other organizations and corporation don't have? Do you honestly believe before Intel promulgates a policy, that they don't do some research and see if it can be legally applied in all the states it does business in?
Roger Goodell has from the very beginning of his tenure as NFL Commissioner, essentially been acting like Wyatt Earp, and shooting anything down he hasn't liked, he has been the proverbial sheriff of everything in his purview. He has been allowed to act like a schoolyard bully, from the Michael Vick situation to the Plexico Burress, to Adam "Pacman" Jones, the commissioner has done what he has wanted to. But now someone has stood up to him, who dared to do this aggregious action, well it was those terrible activist judges in Minnesota and in the Federal Court System. But unlike the Players Association, who Goodell smacks around like a punching bag at a mma gym, these judges are insulated from his control. The commissioner cannot fine these judges, or stop them from playing, so who does he go to, he finds an audience with the only group of blowhards with a bigger ego than him, our fine congressional representatives.
Can you imagine the scene at the congressional hearing ? On one side is Roger Goodell, the big bad sheriff of the NFL, and on the other side is the group of congressional bullies that decided to waste God only knows how much money on the steroids probe and hearings. Now, his request to essentially get a congressional pass, at the requirement that most of everyone else in the country has to do, namely to follow the laws of the individual states. So here he is asking congress for this pass, now let's remember at the time of the steroid hearings, he was there touting how effective the steroid policy was, and that was the reason they should not lose their anti-trust exemption, because they were somehow the golden example. Well now they are saying, "well, we weren't as good as we thought, and even though we said the reason we shouldn't lose the anti-trust was because of our great steroid policy, now we want you to help us violate state laws so we can enforce our own policy." Oh and I expect right after that he said, "please...please..with a cherry on top!" I don't think I have heard such high levels of whining, since the automobile companies came looking for bailouts.
The thing that irks me about this issue, is that Roger Goodell is an executive who has worked extensively with the cba for years and should understand it's limitations, he has the money to have the best labor law attorneys in the world in his payroll, and despite all of that he got out-lawyered by a couple of football players, who by all accounts have done little wrong in this case. If Roger Goodell didn't want that to happen he should have had better legal representation, and you know sometimes you just lose. When that happens, you take your lumps and go on, and tailor your product so you don't get screwed anymore. Did that happen here, no , essentially he doesn't want to change anything, he wants a congressional pass, he is saying, "I am more powerful than the state, than congress, I am an all powerful autocracy."
Ladies and Gentlemen of Congress, please allow labor law nuances to stay with the court, this has not historically, nor should it now be something congress pre-empts. For God's sake, I cannot think of a single organization more powerful than the NFL, do not take away the only way for its employees to fight this juggernaut.
And as always,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Tuesday, November 3, 2009
What this blog is for, and what it is not
It has come to my attention that this blog may be used for purposes other than what I am intending it. Therefore, I will address my motivations and desires for this blog, when you have further questions, ye reader, I will refer you to this post.
Law is serious business, and it deals with people's lives in serious ways, and the authorities that authorize, we attorneys to practice law are very serious about it. In the course of this blog, if I talk about specific laws and do not state what state they are from, they are from the only state I am authorized to give legal advice in , Ohio. I am very good at what I do, in a professional context. But, this blog is NOT a serious blog, this blog states my opinion, and my sometimes crazy opinion. You should not be looking for legal advice, you should not be relying on what I say as authoritative, if you have a legal issue, you absolutely SHOULD go see an attorney licensed in your state or jurisdiction.
I will at no point be giving advice, I will be giving an opinion, and one that should not be relied upon to make a decision in a legal sense. I do think my opinions are valid, and useful, informative, and helpful. But this blog is mostly for entertainment purposes. If you go out and shoot someone, because I said I think someone is a moron and ought to be shot, that is totally on you. I may at some point get licensed in minnesota, and at that time , I might talk about minnesota law, especially with the vikings and all of their shenanigans, but again you have been forewarned.
Lastly, I write this blog as I think of things, it really is stream of consciousness writing. As you can see, my grammar and syntax is atrocious, my mother would shoot me if she saw the quality or lack therof that comes from this. Do not send your child to my website, if you want them to learn good grammar. I mean if this site were to have a country song written about it, it might be something like, "mommas don't let your babies write blogs like this." That being said I will do my best and have this blog edited, so it is somewhat legible, but do not comment with the powerful coment of ."...duh...you suck, you have bad grammar,.." should you send me something like that well my dopey friend, you will be referred to this post.
Now, I hope I have not alienated everyone, I do think you will like this , I think you will find that sports and the law are so interesting and entertaining that hopefully I won't ever run out of topics, and you won't stop being entertained.
Now later this week I will tell you why I think Roger Goodell is the whiniest man in America, but until then,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Law is serious business, and it deals with people's lives in serious ways, and the authorities that authorize, we attorneys to practice law are very serious about it. In the course of this blog, if I talk about specific laws and do not state what state they are from, they are from the only state I am authorized to give legal advice in , Ohio. I am very good at what I do, in a professional context. But, this blog is NOT a serious blog, this blog states my opinion, and my sometimes crazy opinion. You should not be looking for legal advice, you should not be relying on what I say as authoritative, if you have a legal issue, you absolutely SHOULD go see an attorney licensed in your state or jurisdiction.
I will at no point be giving advice, I will be giving an opinion, and one that should not be relied upon to make a decision in a legal sense. I do think my opinions are valid, and useful, informative, and helpful. But this blog is mostly for entertainment purposes. If you go out and shoot someone, because I said I think someone is a moron and ought to be shot, that is totally on you. I may at some point get licensed in minnesota, and at that time , I might talk about minnesota law, especially with the vikings and all of their shenanigans, but again you have been forewarned.
Lastly, I write this blog as I think of things, it really is stream of consciousness writing. As you can see, my grammar and syntax is atrocious, my mother would shoot me if she saw the quality or lack therof that comes from this. Do not send your child to my website, if you want them to learn good grammar. I mean if this site were to have a country song written about it, it might be something like, "mommas don't let your babies write blogs like this." That being said I will do my best and have this blog edited, so it is somewhat legible, but do not comment with the powerful coment of ."...duh...you suck, you have bad grammar,.." should you send me something like that well my dopey friend, you will be referred to this post.
Now, I hope I have not alienated everyone, I do think you will like this , I think you will find that sports and the law are so interesting and entertaining that hopefully I won't ever run out of topics, and you won't stop being entertained.
Now later this week I will tell you why I think Roger Goodell is the whiniest man in America, but until then,
Keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
Billie Gillespie and his trail of tears
Billie Gillespie is one of all of sports' most interesting characters. I first encountered him when he was the flamboyant coach of Texas A & M, at that point he was certainly one of the up and coming coaches. It looked like he had made the precipice of coaching when he became the head coach of the storied program at the University of Kentucky basketball program. However, as we all know it went downhill fast, and you may look at Billie, like I do now, as an average coach who has had some very good players.
But this blog is not to be about Billie and his coaching prowess or lack thereof, this will be about Billie's interaction with the law, specifically the law's regarding dui, something near and dear to me. Before I became a misplaced buckeye, here in the land of 10,000 lakes, I was a practicing attorney in the fine state of Ohio. I did many kinds of criminal defense cases, but I sort of specialized in dui cases, I might even be so obnoxious to say I was kind of good at them. To me DUI cases are some of the most important, not only for their prevalence, but also their effect. Almost all of us knows someone affected by a drunk driver, and too many drivers have gone driving while drunk.
I know from my experience very rarely do you get caught the first time you drive drunk. My clients were habitual abusers of alcohol, and they hurt themselves, their families, and the communities they lived in. I was a good attorney, but even I, do not know if I could do what Billie Gillespie got in the district county court of Anderson County, Kentucky. Now I do not hold myself out to be a licensed attorney in Kentucky, but in Ohio this same result would be highly unusual, and in some counties impossible. Here is what our fine Mr. Gillespie got for driving drunk: Fines and Court Costs, a 30 day suspension of his license, and an agreement to do a driver's education course. ARE YOU KIDDING ME! Now, before you say that I am being much too hard on fine Mr. Gillespie, let's look at his fine driving record. This is the third time he has been afoul of law as it relates to drinking and driving; back in 1999, while he was an assistant to Bill Self , he was charged with DUI, and pled down to reckless driving, and in 2003 he was charged with DUI, but then a special prosecutor decided to dismiss the charges for lack of evidence.
The county attorney in Anderson County, Kentucky gave a statement talking about how he was treated like anyone else. I doubt every single part of that statement. The real problem I have here is that this guy was sentenced as if he didn't have priors. Now here is some info for the non lawyers out there,(all of the following is according to Ohio Law or would be true to the extent Ohio Law and Kentucky Law are the same) it is true that a judge/jury cannot use prior arrests, charges, or convictions to prove that you committed a present crime, but once you plead guilty to that the judge can and in my opinion should, use all information given to him or her to decide what the appropriate penalty is. So either the judge didn't know about all of this, and in that case, the attorneys should be sanctioned for not giving the judge all of the relevant info, or the judge knew, and apparently disregarded a clear public safety concern in the attempt to help out a celebrity coach.
If Billie Gillespie were my client not only would he be on probation with some time over his head to illustrate to all of us that he can actually drink without driving, but because of his history, I would insist he successfully complete an impatient alcohol program. This man has shown himself to be a menace to himself, his family, his community, and everyone in his alcohol fueled path. I can't even count the number of times my client's have been upset when they are not treated like another person was treated in the judicial system. It is cases like this , that make my job very difficult, because if Billie Gillespie was treated like everyone else, either I am never driving through Kentucky again, because it is apparently a haven for drunk driving imbeciles, or he was not treated like everyone else, that his case is one of many in which the few are given the opportunities that the many are not.
Billie Gillespie felt he had the right to drink his way all the way to his car, and make us all pay for his sorrows in terms of what he could have done. How many people have to be hurt, how many families destroyed, before you finally stop Billie? It was Billie Gillespie's trail of tears that led him to get into that car that evening, but the trail of tears he could have left that night haunts me. I wonder how many sleepless nights he has?
As always, keep sports on your mind and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
I also want to give credit to the ap article in which I got the particulars about Billie Gillespie's prior charges from Jeffrey McMurray's article.
But this blog is not to be about Billie and his coaching prowess or lack thereof, this will be about Billie's interaction with the law, specifically the law's regarding dui, something near and dear to me. Before I became a misplaced buckeye, here in the land of 10,000 lakes, I was a practicing attorney in the fine state of Ohio. I did many kinds of criminal defense cases, but I sort of specialized in dui cases, I might even be so obnoxious to say I was kind of good at them. To me DUI cases are some of the most important, not only for their prevalence, but also their effect. Almost all of us knows someone affected by a drunk driver, and too many drivers have gone driving while drunk.
I know from my experience very rarely do you get caught the first time you drive drunk. My clients were habitual abusers of alcohol, and they hurt themselves, their families, and the communities they lived in. I was a good attorney, but even I, do not know if I could do what Billie Gillespie got in the district county court of Anderson County, Kentucky. Now I do not hold myself out to be a licensed attorney in Kentucky, but in Ohio this same result would be highly unusual, and in some counties impossible. Here is what our fine Mr. Gillespie got for driving drunk: Fines and Court Costs, a 30 day suspension of his license, and an agreement to do a driver's education course. ARE YOU KIDDING ME! Now, before you say that I am being much too hard on fine Mr. Gillespie, let's look at his fine driving record. This is the third time he has been afoul of law as it relates to drinking and driving; back in 1999, while he was an assistant to Bill Self , he was charged with DUI, and pled down to reckless driving, and in 2003 he was charged with DUI, but then a special prosecutor decided to dismiss the charges for lack of evidence.
The county attorney in Anderson County, Kentucky gave a statement talking about how he was treated like anyone else. I doubt every single part of that statement. The real problem I have here is that this guy was sentenced as if he didn't have priors. Now here is some info for the non lawyers out there,(all of the following is according to Ohio Law or would be true to the extent Ohio Law and Kentucky Law are the same) it is true that a judge/jury cannot use prior arrests, charges, or convictions to prove that you committed a present crime, but once you plead guilty to that the judge can and in my opinion should, use all information given to him or her to decide what the appropriate penalty is. So either the judge didn't know about all of this, and in that case, the attorneys should be sanctioned for not giving the judge all of the relevant info, or the judge knew, and apparently disregarded a clear public safety concern in the attempt to help out a celebrity coach.
If Billie Gillespie were my client not only would he be on probation with some time over his head to illustrate to all of us that he can actually drink without driving, but because of his history, I would insist he successfully complete an impatient alcohol program. This man has shown himself to be a menace to himself, his family, his community, and everyone in his alcohol fueled path. I can't even count the number of times my client's have been upset when they are not treated like another person was treated in the judicial system. It is cases like this , that make my job very difficult, because if Billie Gillespie was treated like everyone else, either I am never driving through Kentucky again, because it is apparently a haven for drunk driving imbeciles, or he was not treated like everyone else, that his case is one of many in which the few are given the opportunities that the many are not.
Billie Gillespie felt he had the right to drink his way all the way to his car, and make us all pay for his sorrows in terms of what he could have done. How many people have to be hurt, how many families destroyed, before you finally stop Billie? It was Billie Gillespie's trail of tears that led him to get into that car that evening, but the trail of tears he could have left that night haunts me. I wonder how many sleepless nights he has?
As always, keep sports on your mind and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
I also want to give credit to the ap article in which I got the particulars about Billie Gillespie's prior charges from Jeffrey McMurray's article.
Monday, November 2, 2009
The Florida Gators, Brandon Spikes, and What scares me
Okay, first of all, let me introduce myself.
I am a geek, a sports dork, and a licensed attorney. I have been a lover of the law and sports all of my life. This blog is an attempt for me to be able to speak about both of those. I will be posting a blog at least three to four times a week, hopefully I can do this in an informational and entertaining way.
First of all, I love the fall, I love the fall and I love college football. I love everything about it, I love the tailgating, the food, the alcohol ( to my minister father's chagrin), the families, but I love the game. Now, if you are you one of the poor souls that actually read my intro it states I am a displaced buckeye. Well that is true in a sense. I grew up in Columbus, Ohio; a town known more for crazy fanaticism than intelligent football discourse. I was, as a child, inundated with crazy Ohio State football fans. As a young child, I was of course predisposed to rebel, so it was normal (or at least seemed so) to rebel from what I was surrounded. Therefore, at about the age of ten, I started routing for the University of Florida Gators. Since then I have always loved them, I lived through the Emmit Smith Time, the Danny Wuerrfal Time, and now we are in the Tim Tebow era. Now if someone writes me and tells me how many great players I have missed, that list was not intended to be a fully complete list of great Florida players since 1990.
However, let's just say that I have followed them for almost twenty years, therefore, it gives me some perspective. I mean I remember when Spurrier first came to Florida, and at that time Georgia was the big foe, and Spurrier promised the fandom as well as the administration that he would beat them, that would of course, change, and ultimately Tennessee would become a more legitimate enemy.
However, let's go back to Georgia; the game that occurred this past weekend. Now, I love Brandon Spikes, I think he is passionate, exceptionally gifted, and a good football player. Now I read the column that yahoo and Dan Wetzel wrote about him. First, let me say I have to disagree with him. I don't think fine Mr. Wetzel has ever played a down a football (I might be wrong, but it's a hunch, I'm sure he'll correct me if he has). I have been in the trenches as both a defensive and offensive lineman, and in the trenches it is a nasty place. My understanding is that Brandon Spikes when he was doing the aforementioned eye gouging, was retaliating. What Brandon Spikes did may have been terrible, it may have been reprehensible, but it may not have been. It may have been justified, it may have even been conservative in nature to what was done to him. I guess my point here is to the Dan Wetzel's of the world, let's wait until we know what happened before we disparage the kid. This is a kid, and a good one from what I can tell. From the interviews I have heard, from his coaches, to the other guys he plays with, this is a good kid, and he will certainly be exceptional in the nfl.
However, one thing scares the crap out of me here. The nasty part of college football is what happens in the trenches, and that stuff can hurt a guy, can even end his career or end his life in terrible examples. What happens if eye gouging becomes normal, for both players, and what if there is retaliation? You know. let's look at this in a legal context. If you were provoked or yelled or even tripped, and you as a response gouge someone's eyes, and let's say for the sake of argument, no injuries. That is still at a minimum simple assault, maybe aggravated assault, maybe if something happens, attempted murder, and at least in normal life, the response "he made me do it," well that's just not going to fly.
Ultimately, I think Brandon Spikes is a good kid, I think he was probably defending himself, and he probably did what most of us would have done in that circumstance. But the substance of Wetzel's argument, I have to agree with, gouging of the eyes is a rough thing to do to someone else, the action was bad, but I am convinced the man is good. Maybe Brandon Spikes isn't welcome at Mr. Wetzel's house, but he can come have a beer with me whenever he'd like.
Until next time, keep sports on your mind, and the law on your side.
The Sports Law Blogger
http://www.sportslaw-sportslaw.blogspot.com
I am a geek, a sports dork, and a licensed attorney. I have been a lover of the law and sports all of my life. This blog is an attempt for me to be able to speak about both of those. I will be posting a blog at least three to four times a week, hopefully I can do this in an informational and entertaining way.
First of all, I love the fall, I love the fall and I love college football. I love everything about it, I love the tailgating, the food, the alcohol ( to my minister father's chagrin), the families, but I love the game. Now, if you are you one of the poor souls that actually read my intro it states I am a displaced buckeye. Well that is true in a sense. I grew up in Columbus, Ohio; a town known more for crazy fanaticism than intelligent football discourse. I was, as a child, inundated with crazy Ohio State football fans. As a young child, I was of course predisposed to rebel, so it was normal (or at least seemed so) to rebel from what I was surrounded. Therefore, at about the age of ten, I started routing for the University of Florida Gators. Since then I have always loved them, I lived through the Emmit Smith Time, the Danny Wuerrfal Time, and now we are in the Tim Tebow era. Now if someone writes me and tells me how many great players I have missed, that list was not intended to be a fully complete list of great Florida players since 1990.
However, let's just say that I have followed them for almost twenty years, therefore, it gives me some perspective. I mean I remember when Spurrier first came to Florida, and at that time Georgia was the big foe, and Spurrier promised the fandom as well as the administration that he would beat them, that would of course, change, and ultimately Tennessee would become a more legitimate enemy.
However, let's go back to Georgia; the game that occurred this past weekend. Now, I love Brandon Spikes, I think he is passionate, exceptionally gifted, and a good football player. Now I read the column that yahoo and Dan Wetzel wrote about him. First, let me say I have to disagree with him. I don't think fine Mr. Wetzel has ever played a down a football (I might be wrong, but it's a hunch, I'm sure he'll correct me if he has). I have been in the trenches as both a defensive and offensive lineman, and in the trenches it is a nasty place. My understanding is that Brandon Spikes when he was doing the aforementioned eye gouging, was retaliating. What Brandon Spikes did may have been terrible, it may have been reprehensible, but it may not have been. It may have been justified, it may have even been conservative in nature to what was done to him. I guess my point here is to the Dan Wetzel's of the world, let's wait until we know what happened before we disparage the kid. This is a kid, and a good one from what I can tell. From the interviews I have heard, from his coaches, to the other guys he plays with, this is a good kid, and he will certainly be exceptional in the nfl.
However, one thing scares the crap out of me here. The nasty part of college football is what happens in the trenches, and that stuff can hurt a guy, can even end his career or end his life in terrible examples. What happens if eye gouging becomes normal, for both players, and what if there is retaliation? You know. let's look at this in a legal context. If you were provoked or yelled or even tripped, and you as a response gouge someone's eyes, and let's say for the sake of argument, no injuries. That is still at a minimum simple assault, maybe aggravated assault, maybe if something happens, attempted murder, and at least in normal life, the response "he made me do it," well that's just not going to fly.
Ultimately, I think Brandon Spikes is a good kid, I think he was probably defending himself, and he probably did what most of us would have done in that circumstance. But the substance of Wetzel's argument, I have to agree with, gouging of the eyes is a rough thing to do to someone else, the action was bad, but I am convinced the man is good. Maybe Brandon Spikes isn't welcome at Mr. Wetzel's house, but he can come have a beer with me whenever he'd like.
Until next time, 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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