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Post by Fishooked on May 13, 2015 9:34:13 GMT -5
Also while we're at it. fuck Ernie Adams too. I'll bet he's involved in some way shape or form.
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Post by rexneffect on May 13, 2015 10:07:17 GMT -5
I dont think they will find anything new. Emails, texts, voice mails or whatever evidence there was has probably been destroyed. The P ats are better than the CIA. People act like you cant be found guilty on circumstantial evidence. That happens in criminal cases all the time where the burden of proof is much higher. Wells chose his words wisely b.c "more probably than not" is basically what his burden of proof was. He doesn't need to find a smoking gun. Those text messages are more than enough proof. The NFL might reduce the suspension just to try to make this all go away as fast as possible. I've never gotten a court order for the forensic analysis of a phone, but I have for computers and emails don't disappear. I would imagine the same holds true for a phone. Not sure about text messages though. One thing for certain though....is if this goes to a real court and the court deems those text's emails etc relevant, they can easily get a subpoena for records from the phone company. At the very least, even if the text's were deleted and couldn't be retrieved, the phone company records would show that those text's were sent/received and phone calls were made. Brady would look even more guilty if it shows that he had 100 texts with the ball boys the week of the championship game and the week after and all of them were deleted. There is also the presumption of spoliation which basically says if you destroy relevant evidence the court (or the trier of fact) is allowed to presume that the evidence destroyed was detrimental to your position. After the forensic analysis of the two equipment employees' phones I'm not sure how much more would be found on Brady's phone about contact with either of them. I suspect Brady communicated with other staff or players and that might be far more damaging to him and the team, especially if the coaching staff was aware. Thanks to the presumption of spoilation Wells was permitted to presume there was more inculpatory evidence on Brady's phone. I'm not sure this ever gets to a court but it will probably get into the NFL's appeal system. There the issue won't be what exculpatory evidence Brady could have had on the phone or what inculpatory evidence was on the phone but whether Wells conducted a reasonable investigation, whether the conclusions reasonably fit the investigation's evidence and whether the punishment reasonably fit the conclusions. Brady would be stupid to open himself up to a legal system where discovery could require production of a greater range of evidence and given his unwillingness to participate in a more narrow inquiry strongly suggests there is a good reason for it.
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Post by Deleted on May 13, 2015 10:49:49 GMT -5
I've never gotten a court order for the forensic analysis of a phone, but I have for computers and emails don't disappear. I would imagine the same holds true for a phone. Not sure about text messages though. One thing for certain though....is if this goes to a real court and the court deems those text's emails etc relevant, they can easily get a subpoena for records from the phone company. At the very least, even if the text's were deleted and couldn't be retrieved, the phone company records would show that those text's were sent/received and phone calls were made. Brady would look even more guilty if it shows that he had 100 texts with the ball boys the week of the championship game and the week after and all of them were deleted. There is also the presumption of spoliation which basically says if you destroy relevant evidence the court (or the trier of fact) is allowed to presume that the evidence destroyed was detrimental to your position. After the forensic analysis of the two equipment employees' phones I'm not sure how much more would be found on Brady's phone about contact with either of them. I suspect Brady communicated with other staff or players and that might be far more damaging to him and the team, especially if the coaching staff was aware. Thanks to the presumption of spoilation Wells was permitted to presume there was more inculpatory evidence on Brady's phone. I'm not sure this ever gets to a court but it will probably get into the NFL's appeal system. There the issue won't be what exculpatory evidence Brady could have had on the phone or what inculpatory evidence was on the phone but whether Wells conducted a reasonable investigation, whether the conclusions reasonably fit the investigation's evidence and whether the punishment reasonably fit the conclusions. Brady would be stupid to open himself up to a legal system where discovery could require production of a greater range of evidence and given his unwillingness to participate in a more narrow inquiry strongly suggests there is a good reason for it. Did they ever do an actual forensic analysis or did the employees just hand over what they thought was relevant? It's amazing to me that Brady refused to hand over his phone yet the Pats allowed the ball boys to give Wells those pretty damning texts.
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Post by Peebag on May 13, 2015 10:52:26 GMT -5
I thought Kessler was a cheap whiskey?
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Post by JetBidi on May 13, 2015 11:11:46 GMT -5
It's amazing to me that Brady refused to hand over his phone yet the Pats allowed the ball boys to give Wells those pretty damning texts. Arrogance. Kraft basically said we will cooperate because no one in our organization did anything wrong and we expect an apology from the NFL. They couldn't have refused to provide information after a statement like that. After the initial texts were discovered to be so damning, the Flats**** refused to allow McNally to talk to Wells again.
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Post by Fishooked on May 13, 2015 11:20:05 GMT -5
It's amazing to me that Brady refused to hand over his phone yet the Pats allowed the ball boys to give Wells those pretty damning texts. Arrogance. Kraft basically said we will cooperate because no one in our organization did anything wrong and we expect an apology from the NFL. They couldn't have refused to provide information after a statement like that. After the initial texts were discovered to be so damning, the Flats**** refused to allow McNally to talk to Wells again. Exactly this. I wish one of them had a smoking gun they'd be willing to reveal to ESPN or some other outlet.
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Post by tkasper01 on May 13, 2015 11:33:19 GMT -5
I dont think they will find anything new. Emails, texts, voice mails or whatever evidence there was has probably been destroyed. The P ats are better than the CIA. People act like you cant be found guilty on circumstantial evidence. That happens in criminal cases all the time where the burden of proof is much higher. Wells chose his words wisely b.c "more probably than not" is basically what his burden of proof was. He doesn't need to find a smoking gun. Those text messages are more than enough proof. The NFL might reduce the suspension just to try to make this all go away as fast as possible. I've never gotten a court order for the forensic analysis of a phone, but I have for computers and emails don't disappear. I would imagine the same holds true for a phone. Not sure about text messages though. One thing for certain though....is if this goes to a real court and the court deems those text's emails etc relevant, they can easily get a subpoena for records from the phone company. At the very least, even if the text's were deleted and couldn't be retrieved, the phone company records would show that those text's were sent/received and phone calls were made. Brady would look even more guilty if it shows that he had 100 texts with the ball boys the week of the championship game and the week after and all of them were deleted. There is also the presumption of spoliation which basically says if you destroy relevant evidence the court (or the trier of fact) is allowed to presume that the evidence destroyed was detrimental to your position. The NFL cannot compel them to give up private phones. I bet Bellicheat never uses his Pats phone. TB is hiding the conversations he has had with him and others around this situation on their personal phones. I bet they are more damning then the lowly ball boys.
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Post by jetstream23 on May 13, 2015 11:38:09 GMT -5
Time to lawyer up, scumbag!
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Post by southparkcpa on May 13, 2015 11:52:56 GMT -5
Time to lawyer up, scumbag! The fact that this scumbag cheater needs to hire a LEGAL team is worth something. Fuck him, Fuck the PASTS and GO RANGERS!!!!!
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Post by quantum on May 13, 2015 13:52:30 GMT -5
Can we have some lawyers with the appropriate specialty chime in here ? I'm curious to know what are their odds of an overturn here. I play a gynecologist on the Internetz, and Sparklepony is the biggest cunt ever. So, yeah.
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