some excerpts. It's only
a 15-page decision which is good and it's not filled with jargon
and legalese although it is still written as a legal
document
and it would be very intimidating for the average
person. What I think we want to do here today, and we're going
to try to do is help everyone out there, understand
what she found and what she didn't find, and what it all
means. And frankly, he found a lot of stuff that
the commissioner could use
to increase the suspension. If that's what he
Is this to do, we begin.
We're going to go through this somewhat methodically. Let's
see if let's see if that works. But this comes from
one of the early pages of the decision
and she explains that
based upon the record that was compiled in connection with
the NFL's allegation. That Sean Watson player in the all
violated in the NFL violated three positions, provisions of
the
policy by engaging in sexual assault.
Conducted poses, a genuine Danger
her to the safety and well-being of another person
and three conduct that undermines or puts at risk,
the Integrity of the NFL.
Let me just stop there.
Those are the three Provisions
that I thought the NFL would focus on because when you look
at the bullet points, those are the three that potentially fit
sexual assault
obviously. Right? And then number two, and number three
are the catch-all provisions. Yeah, that are at the bottom of
the Contact policy basically. If there's nowhere else where
you can fit the misconduct if there's no other category into
which it neatly
and easily. Yeah. Only find a home. Yeah, right. You can say
poses, a genuine danger to the safety and well-being of
another, or it's conducted undermines or puts at risk,
the integrity and I fell. Now, those three things
are important because she ultimately found
that, he did those three things she found at the end.
Of the day that he did it.
That he was accused of it
and he did it sexual assault. Yes. Contact opposes. A genuine
danger to the safety and well-being of another person.
Yes, contacted undermines. Our puts at risk, the integrity.
And I fell yes in part, because he was saying, hey, I'm
the quarterback of the Houston Texans,
right? Right. He's holding himself out. Sure as a member
of the NFL to set these massages. Yeah, use
an undermining. Right. The Integrity of the NFL, by going
around saying,
I'm the Texans quarterback, setting up the massages and
having them become attempted sexual encounters as she found.
That's the thing she found that he did it
and that was kind of what I thought yesterday. Chris, when
you're going to suspend the guy, six games, you must have
found. He did something. She found that he was guilty as
charged by the NFL. Factually, the question was,
how does she get from those findings to six games? Not
right. That's all one we get to that. Yeah. But the A thing to
remember for anyone out there that's wondering
just basically what the hell happened here,
she found Chris that he did it. She found that he is guilty.
Yeah, no, no doubt about it. That's, that's the thing that
jumps out about this more than anything. And I think that's
where, you know, I guess when you just think about past NFL
procedures that might be similar to this or pliers and
trouble.
That's where it just is confusing as someone who's
followed the NFL there. You know, those three things that
you mentioned,
some of the other things that I
Work that I talked about a few minutes ago that we're going to
unpack. That's where you just go. Wait, the NFL, who's
you know, been pretty strict with any prior conduct here and
then here we are with, you know, Finding of guilt in
three, huge categories along
along side, some other things there and it's just six games.
I think that's where, you know, a guy like me, who's in
the weeds, like you and the NFL
I'm confused about it. I know the normal fan who's Going
wait, six games for 30 girls. 24, women, what that doesn't
make sense? So they're confused about it and then of course, we
got the other side that, you know, doesn't really
want to see it that way.
And they think this is like a mass conspiracy that all these
women got together and frame DeShaun Watson.
Now
This is an important Point as well. And the language,
obviously the words that are used can be a little bit
sensitive because of the nature of what's gone on here. But
these are the words that came
from the decision, and I think they're very important. Let me
set this up by saying that judge Robinson
pointed out at Page 6 of the
decision that the NFL had the burden to prove by
a preponderance of the evidence. That was a standard. She used
more likely than not, she had to believe it was more likely
than not that it occurred. That number one,
DeShaun Watson during these massages where he tried to get
them to become sexual encounters intended to cause
contact between his genitals and the massage therapist
number two, he did. So for a sexual purpose in number three,
he knew that such contact was
unwanted and one of the big issues here,
and again, this gets a little indelicate,
but it goes to the heart of what was happening.
He's getting a massage. And
while he's getting massage,
he has an erection getting aroused, right?
And that becomes the,
the Gateway darting like the Knight moves. Exactly. Right
for something more. So that's why I say that, because
this passage that we have on the screen is critically
important to what I'm going to say,
after that mr. Watson has not testified that he had erections
and inadvertently touched the therapist here. Instead, he has
categorically denied the allegations against him
including that he ever developed an erection during
a massage. It is
Occult to give weight to a complete denial.
When weighed against the credible, testimony
of the investigators who are interviewed the therapists and
other third parties. And some of the third parties were
the women,
some of the women who came out and supported him to him, right
when that happened, I know and said, oh yes, when we gave him
massages, he had erection, right? So this is,
this is how let alone the text messages, right? From some of
the people that they sent to pry. Well, right after those
third parties as well, right? But they have that evidence as
well.
But this is how when
you're the person who is charged with figuring out what
happened, this is how you separate truth from not truth.
You've got credible testimony
from multiple people
pointing in One Direction and then you've got
DeShaun Watson with a categorical
denial
of any misconduct. And we heard the talking points. I never
harassed anyone. I never
Then he wanted to disrespected anyone, right? He that was his
little card that he kept reading and he time he was
asked the question, categorical, denial.
Did nothing wrong. And even denied ever having
a single time during a massage and erection?
And again, it's weird to be talking about these things.
Yeah. But this goes to the heart of what she found and in
the most delicate way possible. She found that he was lying
and see, I think it's important for us to call it that because
I think Roger Goodell will call it that It's okay, I'm Brady
destroying his cell phone in 2015. This is the thing that
allows the enforcer
to do some enforcing
and I know from my perspective, I get pissed off when I see,
someone has lied because it's hard enough to figure out
what's happened in contested cases, without somebody lying.
And if you show up and you testify
and you lie, no matter how cartoonish it may be
no matter how implausible it, maybe
you have still I'd DeShaun Watson lied. In the assessment
of Judge Sewall Robinson. He lied about his categorical
denial. He lied about never having an erection during
a massage. He lied to cover it all up. To me, that's a huge
deal. I got to and I say that. Yeah, it's going to be a huge
deal to Roger Goodell. And I'm not going to be surprised
Chris, if the end of the day, it's 17 games. Yeah, I'm not,
he's always gonna get what he wants. Yeah. Because he's got
it. There's The Smoking Gun. DeShaun, Watson went.
In their testified and lied
on the most important
matters in this entire situation. Yeah, well I mean
you know he lied there, right? And of course you know, judge
Sue Robinson, lays it out and
so then where do you believe them with anything? That's
I think. That's exactly oblem. We're so. Oh, wait in the next
paragraph, I'm supposed to believe them there.
And that's the problem that Roger Goodell is going to fall
into here. And you know, it's it's it's a,
it's a tough, it's a tough thing. It really As there's no
doubt about it. I don't know if I think it goes 17, Mike, but
I think it will go 10 to
12. You think it might go 17, after all of this,
you know, said and done, that's kind of where you're feeling
this after, after yesterday.
I just think that once could tell understands the import of
that passage,
I think he gets sufficiently upset.
And and
through his people, whoever crafts his decision. Yeah.
Well,
they will be far more blunt than she was. I'm surprised he
wasn't more upset about it.
I am doing I I'm upset about it, right? Because we're trying
to get to the truth here. We're trying to get to the truth.
I remember when Martha Stewart was prosecuted for lying to
the FBI. And I remember the prosecutor
conducting a press conference saying, look, this is like
an Umpire To see what happened at home plate. And somebody is
throwing
sand in the umpires eyes
while he's trying to figure out what the hell happened. That's
what lying does to the truth-seeking process everybody
who comes to the table,
everybody who gets on. The witness stand,
has to honor the oath to tell the truth because it's hard
enough to figure out what happened when people are
committed to telling the truth. Now,
the
realistic side of me after practicing law for nearly two
decades. Realize people lie, out their ass.
Asses all the time. Course, when you catch him,
when you believe it,
you don't just say, oh well,
boys will be boys. Hey look. He didn't want to get caught,
right? Yeah, you know you never you never admit to anything
you know like Ralphie. Yeah, Christmas but he lied about
something worse if you admit to it. Yeah, it's pretty
important. It's absolutely the case and it's obvious. I think
that's the other problem. It just it seems like there is,
you know, a ton of credible evidence
to say, no, no. We have multiple people who
can, you know, Reassure us that erections were there.
We have multiple people who sent text messages or whatever,
to third parties. We have multiple people who did not
even accuse them and are are a part of the allegations. Like
you said earlier that's took up from that. Also said that
that that is a blatant lie. I don't think that's a lie. It's
not a fib it's like blatant its your right as so the heart of
the matter and that's where he loses credibility and I don't
know Mike I you know
I should have maybe look this up.
You know we're trying to dive through a lot of stuff.
Here. But, but I just
one thing, I remember, from the NFL playing in it,
even some players going through, you know, incidents
like this.
And even me being a player rep for the Tampa Bay Buccaneers at
one time. The one thing that was always made clear in any
procedure that I had to even be a part of the third party or
just even with other players is where
they the NFL is, makes it very clear that they don't want to
be lied to that, you're gonna get and worse.
If we find out you're lying to us and I know we've had some
specific cases the last few years that have brought that up
as well and that's a very big strong, you know,
point for them which it should be. And I think that's this
ultimately like you're saying here. I think this is the one
that's going to really hurt him
in the favor of the owners eyes and Roger Goodell, and anybody
else that's involved in this decision.
One of the reasons he was so aggressive about the Saints. A
decade ago was because they believed they raped. Exactly
right, well that's on. Pain. Right. Right. Tom Brady.
Destroying the variety with the implausible.
Every time I get a new phone I
you know I throw my other one into the river. I mean you know
I mean it just they get upset and they should because it's
again, it's hard enough to figure out what happens if
people are telling you
the straight story now
now so you maybe listen to this saying, well why didn't he get
17 games from Sue Robinson?
Here's the issue. It's not the facts and see Roger Goodell is
bound by the facts
at the next level, not by
the application, the personal conduct policy,
to those facts, that's
Or he can say I applied in a different way,
I respect your work judge Robinson but I think it's more
than six, I think it should be 17. For example, he's got
enough facts, to do, whatever he wants,
where she parted ways with the NFL
was on the question of
what is referred to throughout the decision, as non violent
sexual assault. And we reported
at the time, the hearing was happening, there's no evidence
of violence, there's no evidence of, you know,
the traditional sexual.
Updating involves some element of forcible, right misconduct.
Yeah.
So
the issue is
if the NFL is going to seek
these,
Extremely stringent punishments for.
Non violent sexual assault.
It's not something you can just pull out a thin air, that's her
argument. You have to have noticed. Yeah, if you're going
to make a dramatic change of the rules,
you have to have notice, you have to, you have to
make sure that everyone out there knows what they are. Expected
their behavior to being with the consequences
for it will be the only other case of non violence sexual
assault.
Involved a three-game suspension. I'm told that's
the Jameis Winston assault of the Uber driver and
Had a history of allegations back to college and he only got
three games. Well, Deshawn Watson's got for allegations
that ultimately
were submitted and found to be credible
and he got six games. So
I mean the NFL still thinking there should be more but that's
the third excerpt that I want to share with you from here
Mike and what? Let me just like let's Okay. Okay, go ahead.
Well, I want to ask you a quick question and,
you know, I know it's the for women
that were used for judge, who Robinson's, you know,
Ocean here but does she take into account you know all
the other ones as well? No,
I know that's where I that's I was like connect, I was just
confused by that.
That's the disconnect between Court of public opinion. Yeah,
and Court of Sue Robinson right quartus Robinson. All that
matters is the evidence. So there were 24 lawsuits,
the NFL, talk to 12 people,
the NFL presented
on behalf of for tried five, but as we've been saying,
the fifth one was based on a media report. Port.
And she said, no, you going to have actual evidence?
My understanding is the four individuals didn't actually
testify at the hearing. But they had been interviewed by
the NFL's investigators who have years of experience in
investigating sexual assault cases.
And their testimony was deemed as credible
by judge Robinson as to the
information they found.