[McDermott/Beane press conference 8/27: Matt Araiza released]

4 minutes ago, Beck Water said:

The victim's attorney states that they've heard nothing from the DA or the police.

I get that things might be done differently in different jurisdictions, but I find it unfathomable that the prosecution would not keep their complainant apprised of the status of the investigation, since their case completely hinges on this individual. Something is just very, very odd here. 

[Matt Araiza accused of rape, served with a lawsuit.]

1 minute ago, UKBillFan said:

That was uncomfortable to watch. McDermott didn’t say much yet was pretty damning.

Three competing issues:

 

1. Team has exculpatory information that it would be EXTREMELY inappropriate to address now.

 

2. Bad PR, regardless of MA’s guilt or innocence, might prevent team from keeping him as they “search for truth.”

 

3. Team received extremely damning information 24 hours ago.

 

I think number three is unlikely; if it was the case, he would’ve been cut by sun up.  Number one would be brutal, as it would suck to stand up there and take those questions, knowing you can’t fully explain your position. IMO, number two is most likely. That’s a lot of pressure bubbling up right before the start of the season of highest expectations in a generation  

[Matt Araiza accused of rape, served with a lawsuit.]

3 minutes ago, Simon said:

 

You may have a typo here.

Where's your para?-)

Wow, what autocorrected from “align”. Yikes.  And I hope she’s recovering from this stinker of a game.

[Matt Araiza accused of rape, served with a lawsuit.]

3 minutes ago, Beck Water said:

 

So question: is the evidence collected in the criminal case available to the civil proceedings?  How does this work?

 

According to the web page of this lawfirm, the pretext calls may be admissible in California:

https://www.lacriminaldefenseattorney.com/legal-dictionary/p/pretext-calls/

 

 

Good question. I wish I was admitted in CA and could speak with more specificity.  Generally, evidence collected in a criminal investigation is admissible in a civil proceeding, but there could be some fruit of the poisonous tree issues that would probably be state-specific and controlling with regard to the crossover. However, evidence from the criminal investigation would need to be admitted through the testimony of the criminal investigators. This would expose them to examination about why they declined to press charges (assuming charges do not hereafter get pressed).

[Matt Araiza accused of rape, served with a lawsuit.]

12 minutes ago, Beck Water said:

 

Huh?  She wrote that she told him attended "name" which is name of both a HS and a college

 

I hate that it seems like I’m trying to beat up on a potential sexual assault victim, but it I would question the weight that should be afforded to what could easily be a self-serving document created by a claimant.  If there were other indicia of reliability surrounding the journal, or other contemporaneous statements made that laugh with what’s in the journal, then, in my opinion, it becomes more relevant.

[Matt Araiza accused of rape, served with a lawsuit.]

2 minutes ago, Aurelius said:

I would assume that a phone call where he was tricked into answering questions by detectives on the other line with the accuser, in a civil case, would be nowhere near admissible

even if it did happen.   I’d venture to guess that could even be illegal without the right channels having been followed.  In no way should judgement be handed down based merely on accusations though.  Lives are ruined that way.  Let it play out. 

controlled phone calls can be admissible and are typical tactics in sex abuse/assault cases.  However, I think CA is a two-party consent state when it comes to recording. Could be problematic. And illegal 

[Matt Araiza accused of rape, served with a lawsuit.]

35 minutes ago, UKBillFan said:

I wonder what the alleged victim's attorney fascination with Araiza is? There are two others who have been named in the gang rape, who I think have had civil charges brought against them too but not a sound. I can think of three possibilities:

 

1) The attorney is playing off Araiza being a rising 'star' in the NFL for attention

2) He thinks that the DA may not press criminal charges against Araiza, so wants to court public opinion for the civil case, whereas it's looking more likely that the other two will be charged

3) He dislikes Araiza's attorney and that is driving him as much as the case is. The other two defendants have different attorney's

 

Perhaps it's a bit of all three.

 

As a lawyer who prosecutes civil/administrative sex abuse cases against minors (and thus is privy to the frequent companion criminal cases), my thoughts are as follows:

 

1. Of the alleged perpetrators, he is obviously the candidate with the deepest pockets (or at least the highest potential earning capacity at present).  The entity with the deepest pockets in the situation would be the state university. The university no doubt carries a significant insurance policy. It is noteworthy to me that it is not more of a focus, especially if there are allegations that they slow-walked or obfuscated the investigation.  Leads me to believe there must be a big impediment to pursuing a case against it. 
 

2. I infer that there aren’t going to be charges forthcoming against MA, which is interesting because so-called statutory rape is practically a strict liability crime, and the proffering of an affirmative defense doesn’t usually dissuade a prosecutor from levying charges. The accuser’s/victim’s attorney would be in the loop regarding the charging decision, and the likely decision not to charge resulted in the filing of the civil suit. In a case like this, a prosecutor is not going to want to expose their complainant to adverse examination in a civil arena, either at trial or in depositions. You don’t want your witness pinned down under oath in advance of your trial, especially given the much higher criminal burden of proof.

 

3. If the accuser’s attorney was practicing in WNY, he’d be a pariah within the legal community immediately. You don’t ever publicly disclose settlement discussions. They are inadmissible in court for a reason. The ONLY reason you would do that would’ve to prejudice a lay audience, to whom the desire to settle a case usually implies guilt or liability.  Also, the specificity of the allegations are noteworthy to me. Usually, in civil matters, you plead broadly, as it gives you the most leeway when it comes down to proving up your case.  In my experience, when I am drafting an accusatory instrument, if I lather up the allegations more than necessary to provide the defendant with notice of the claims, it’s usually because I am intending to force a resolution short of a trial.  To me, in a contest where money damages are the relief sought, that tells me that the instrument is designed to bring a swift settlement. Just my opinion.

 

Situation is not a good look for the Bills, but there’s only so much the team can do. Hiring an investigator was a solid move. The accuser is not going to be allowed to talk with the team. You gather the information you can and act prudently. There is a lot here that is concerning to me and most of it is driven by the lack of criminal charges and the…unusual…tactics of the woman’s lawyer.
 

If anyone has a copy of the pleadings, I’d love to take a look. Enjoy the game everyone, as best you can with this day’s developments. 

[Maybe we need a new RB coach]

If you get a chance to watch Cover 1’s film breakdown of the game, they show some representative instances where the Pats induced us into running into certain gaps that initially appeared open, but we’re designed to be quickly plugged by an off defender. What the tape shows is that there were actual alleys that resulted from the design of the “trap gap” that would have lead to some big gains, but we’re MUCH more difficult to spot for a back, particularly when right next door is an obvious gaping void. That’s some next level run D…

[Bills UDFA thread. Signings only. Listed on pg. 9]

3 minutes ago, Motor26 said:

Any word on Hunter Bryant? 

Patriots, apparently.  Nope, wrong Bryant.  My bad.

[TNF: KC @ Denver 8:20 ET on Fox and NFLN]

1 minute ago, EmotionallyUnstable said:

We have as many webMD doctors on this board as we do arm chair quarterbacks! 

I get it, and normally I tend to avoid speculation about injuries, but the first thing that came to mind for me was Victor Cruz.  I think he had a patellar tendon injury and I don't think he ever came back all the way afterwards.

[TNF: KC @ Denver 8:20 ET on Fox and NFLN]

21 minutes ago, Royale with Cheese said:

 

So the link doesn't work but with a quick google search, 6 weeks recovery time.

I did the same thing when I couldn't get the link to work.  The game's been so bad, I went back to my google search and read one of the articles about returning to sports after a patella dislocation.  According to this paper, 6 weeks seems like it would be a miracle...https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4169614/ 

 

Return to sport after nonsurgical treatment

"A safe return to sport implies that lesions of the knee have healed and the injured lower limb has adequately recovered to face the demands of sporting activities. Successful return to sport implies: (1) no early re-injury; (2) no further damage to the knee; (3) return to the preinjury or higher level; (4) no limiting pain; (5) still playing after 5 years; and (6) no early osteoarthrosis. A comprehensive return to sport decision-making process should be based upon: (1) clinical examination; (2) evaluation of laxity; (3) strength measurement; (4) neuromuscular evaluation; and (5) counselling with the physical conditioner and coach for professional athletes. As regards the patellofemoral joint, the challenge is that the patella is a sesamoid bone enclosed within the extensor mechanism of the lower limb. Its function is closely associated with dynamic muscle activity while retaining its osseous and soft tissue static elements [26].

Atkin et al. [3] followed 74 patients (37 men, 37 women) after a first dislocation that was treated conservatively. Preinjury sports activity was similar to that of patients with primary anterior cruciate ligament (ACL) injury [10]. Patients were authorized to return to sports after they regained full passive range of motion, had no effusion, and when quadriceps muscle strength was at least 80 % of the noninjured limb. Patients regained range of motion after 6 weeks. Sports participation was limited during the first 6 months after injury, with difficulties in squatting and kneeling. At 6 months, 58 % of patients noted limitations in strenuous activity, but no recurrence was recorded. Sillampaa et al. [32] reported that the return to preinjury activity level varied between 44 % and 60 % regardless of the modality of treatment after the first dislocation."

 

 

Also...

"Patellofemoral instability may occur in a young population as a result of injury during sporting activities. This review focuses on return to sport after one episode of dislocation treated no[n]-operatively and as well after surgery for chronic patellofemoral instability. With or without surgery, only two-thirds of patients return to sports at the same level as prior to injury." 

 

Scary stuff for a relatively uncommon injury...

 

[Thursday Night Football Tampa at Car, NFL Network]

5 minutes ago, Bangarang said:

 

Happened on the Spectrum app for me as well. Switched to the cable box and it was showing the game

 

2 minutes ago, jkeerie said:

I've been watching on the TV via the box all evening with no issues.   Must be the App which is garbage most of the time anyway.  Too many issues, from pixelation to not wanting to open.

Thanks for the confirmation.  Good to know for future TNF games.

[Thursday Night Football Tampa at Car, NFL Network]

9 minutes ago, Bangarang said:

 

WNY.. for whatever reason it was showing something else. It’s working now

Happened to me, too.  Although, I was trying to watch on the Spectrum app on a Roku TV.  Maybe they're playing these mundane Top Ten List shows because it's technically streaming, and there may be some sort of exclusive streaming rights thing going on?  That said, the game sounded like a dud...but I'd still watch an NFL dud over anything else on a Thursday night. 

[AB accused for 3 instances of sexual assualt & rape against 1 woman. Lawsuit filed against him]

1 minute ago, SectionC3 said:

 

The $75,000 point is misleading.  She asked for damages in excess of 75k in the complaint. 

 

But ultimately I agree with you that, at this point, he looks like a viable candidate for the exempt list.  I assume the NFL will speak with the plaintiff shortly, and if she appears credible Brown may have a problem with his employer. 

Correct. A plaintiff must plead they’ve sustained damages in excess of $75,000 in order to satisfy the diversity jurisdiction requirement for filing a civil action in federal court. Otherwise, she would be limited to filing in state court. The amount of damages sought at trial will be FAR in excess of that, if it gets to that point.

[The AAF Thread]

4 hours ago, YoloinOhio said:

That’s pretty cool. If I were the Bills I’d bring him in as a camp arm. Never know when DA will retire or get hurt. 

I think we had him in around Christmas time. I wonder if he turned down the futures contract from us.  

[Extra Ticket For Friday's Practice?]

Everyone:

 

My wife picked up some tickets a few days ago at the Mt. Read Tops, and they we're giving out handfuls.  So, we've got like three more spares.  If anyone wants them, just let me know.  We'll be at New Era when the gates open at 5:15.   

[Extra Ticket For Friday's Practice?]

Sven, I've got a spare for you, if you're still interested.  My wife and I are going to be there when the gates open at 5:15 pm.  If you can meet us there, it's yours.  Let me know, and we'll figure out a way to get it to you.

[Roster Cutdowns (AKA the "Who Should We Sign?" Thread)]

Carr is better than Reilly imo. Of course, he had Brady throwing to him. But he was better in college too. Jmo. I do like them both.

 

Seattle has some very interesting cuts. Pierre Desir and Kasen Williams.

Somehow, I knew you'd know. Thanks, as always, for the instant info. I look forward to some real churn tomorrow, but I'd be satisfied with whoever we pick up, so long as neither Vlad or Holmes are on the roster on Monday morning.

[Roster Cutdowns (AKA the "Who Should We Sign?" Thread)]

After picking up Dorsett from the Colts, the Pats have dumped Austin Carr. For any of you out there who had the stomach to watch the Pats' preseason, is Carr in any way an upgrade over Reilly, or are they essentially the same player?

[Hernandez victims families suing the Patriots]

I think this is a realistic view of the situation. But how can the estate file bankruptcy just to protect against the civil suit? Are there other factors/claims? This should be interesting to follow. I'm sure they have thought of all the angles..... The suit is not really because the Pats have done anything wrong, but that they may be the holders of the assets.

 

Where are our resident lawyers? I promise not to tell any lawyer jokes!

 

 

 

I thought that was so obvious it went without stating, but I guess one can't be too safe.

The estate fiduciary (Executor/Administrator) typically has a duty to pursue and amass all estate assets. Assuming that the Patriots still owe Hernandez some portion of his contract wages, the fiduciary is required to pursue them.

 

An estate cannot declare bankruptcy in the same way an individual or entity may. If it is insolvent because its debts or claims against it exceed its assets, then the estate is insolvent, and the various claims against it are apportioned according to the laws governing priority of claims.

 

It's conceivable that this is the thinking behind the suit. The Patriots will likely argue that Hernandez's conduct obviates or breaches their contract in some way, and the wage claim, and therefore the claim against the estate, might thereafter be settled quietly and confidentially for a greater than zero (albeit less than sought) sum in order for the club to avoid bad press.

 

But, I'm not admitted in Massachusetts or all that familiar with the details of its laws, so this is just generalized and wild speculation based on New York jurisprudence.

[This is not a rebuild, folks...]

Delusional?

My ears are burning...

[Any Love for Rex?]

 

Well, a bully (pretty much by definition) takes out the weak, but folds when confronted by real strength. I'd prefer he build a team that stood up to the bullys of the NFL, or won't be bullied by them. But I know, that's pretty high concept for some.

A Stelio Kontos?

 

I'd be down for that.

[Eric Wood had high praise for Rams DT Aaron Donald]

http://profootballtalk.nbcsports.com/2016/10/04/aaron-donald-remembers-rex-ryans-words-well/

 

Yikes.... Maybe we can give him the Clubber Lang treatment? Don't even try to block him, just let him sprint through and push everything outside immediately.

 

I just can't see our interior holding him back or moving him out of a hole. And even then, if it takes two or three OL and/RBs, it leaves the rest of the DL in 1 on 1 matchups. Should be an interesting game plan. Just hope we don't try the ol' "line up and impose our will on them" folly this week. Acknowledge and adapt, Mr. Lynn. Please!

[TE Shakeup Dray Cut]

Here is one that no one, and I mean no one knows...He wears his wedding ring when he plays.

 

 

I agree to a degree. Last year some teams wanted him when he could have been sent back to the practice squad and Rex kept him on the roster. But to say that a 3rd or 4rth rounder is living up to his potential is kind of weird.

The man was a sixth round pick who made all kinds of significant plays in college. I think the poster's reference to his "potential" relates to his potential to be a steal if his success in college could translate, to some extent, to the big league. But maybe I'm just reading my opinion into his.

[What Eric Striker Brings to the Bills]

I think it all depends on if he makes plays in camp. A guy like this has to do it twice as good as the next guy

One thing is for certain: He's gonna have to pull that lever panel off, just riiiiip it off. Then, he's gotta find a piece of metal, and shove it in there. Any piece of metal will do.

 

But he's definitely gotta cut the bleeding heart crap. I mean, Whaley and the Brothers Ryan have all got their switches, lights and knobs to deal with. At OBD, there are literally hundreds and thousands of blinking, beeping and flashing lights. Blinking, and beeping and flashing. THEY'RE FLASHING AND THEY'RE BEEPING. THEY CAN'T STAND IT ANYMORE! THEY'RE BLINKING AND BEEPING AND FLASHING!!! WHY DOESN'T SOMEBODY PULL THE PLUG!?!