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
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