STALLWORTH'S INCIDENT A REMINDER OF THE PAST

DUI Manslaughter. This is what Dante Stallworth is being charged with after he struck and killed a pedestrian crossing the street in Miami, Florida. Stallworth's attorney, Christopher Lyons, has stated that he will "vigorously" defend the case. As an attorney myself, I applaud Mr. Lyons' intentions, however, Stallworth doesn't have much of a defense.

For one, Stallworth's blood alcohol level of 0.12 has been officially confirmed by Miami police. And secondly, but just as important in a DUI manslaughter case, a death was a direct result of Stallworth's poor choice in driving under the influence of alcohol.

The defense will surely argue that the deceased pedestrian in this case attempted to illegally cross the street in some way, but in front of a jury, this defense will most certainly not be enough in a criminal case.

I suspect that Stallworth and his team of attorneys will try as hard as possible to enter into a plea deal, but prosecutors in Florida will be hard pressed to do so seeing that this case has already drawn a frenzy of media attention. If the Miami District Attorneys Office offers a plea deal to high profile NFL player, it will give the impression that money and status can keep anyone out of prison. The bottom line is, a human being was killed because of Stallworth's actions.

There's also the question of whether or not Stallworth will be allowed back in the NFL again. If Stallworth should be convicted of this crime, would Roger Goodell ban him for life? Maybe. But this isn't the first time we've seen something like this.

Remember Leonard Little? He was drafted in the 3rd round by the St. Louis Rams in 1998 and signed a three-year $1.2 million contract. Later that year, following a birthday party, Leonard got behind the wheel after consuming several drinks and killed a forty-seven year old woman. Leonard's blood alcohol level was 0.19. The state of Missouri's legal limit was .08. Little served 90 days in jail and received four years probation.

So how did the NFL handle Little's infractions?

He was suspended the first eight games of the 99' season and was back in the league as if his past was forgotten. In fact, in 2002, Little managed to ink a five-year $17.5 million contract with the Rams.

Back in 1999, Paul Tagliabue was commissioner and things were considerably less stringent in terms of league sanctions for off-the-field infractions. But in today's NFL, Roger Goodell has made it a point to harshly penalize those players who are unable to abide by the law.

While Stallworth's situation has a striking resemblence to Little's, Stallworth faces an uphill battle if he plans to play in the NFL again. Goodell's track record indicates that he will not be soft on Stallworth and a long, drawn out trial will only hurt him. I would not expect to see Stallworth on the playing field anytime soon.

THE DAWN OF A NEW ERA

The NFL is finally moving forward after the passing of former Union leader Gene Upshaw. The new head of the NFL Player's Association is not only facing a potential lockout in the near future, but the nation's economic hardships have had a severe impact on the league. Responsibility is beyond high for this post, yet prestige is minimal. Any takers?

Sunday, March 15, 2009 marked the beginning of a new era for the NFL. DeMaurice Smith, a prominent attorney from the D.C. area was unanimously selected as the new NFLPA Executive Director. Smith succeeds the late Gene Upshaw, who passed away last August and emerged as the union's new head after getting selected over the likes of NFL stars Troy Vincent and sports attorney David Cornwell.

Smith, who was voted to a three year term, has his hands full. NFL owners and the NFLPA are at odds over the current collective bargaining terms and specific owners have already voiced their concerns over revenues. The owners specifically feel that the current revenue agreement favors the players citing that 60% of revenues going to them is way too high.

If a deal is not reached prior to the 2010 season, it will be an uncapped season allowing teams to mimic the New York Yankees aggressive tactics in obtaining players. Simply put, large market teams will dominate smaller ones in free agency. But more significantly, there is some concern that if the salary cap is lifted, it will most likely be abandoned by the league.

If a possible lockout wasn't enough, Smith is also taking office in one of the worst economic climates since the inception of the league. While the NFL remains to be the most popular sport in America, fans across the country are more concerned with holding onto their jobs rather than holding onto their season tickets. The poor economy may not have played a role in Albert Haynesworth's $100 million contract, but 2009 will certainly be a trying year for many NFL franchises.

Finally, the rift between the union and retired players continues to stir controversy over whether or not the league is doing enough for former players who are now disabled. Disability advocates across the country are banding together to urge the union back to the bargaining table in an effort to get more benefits to former players.  As the new leader of the NFLPA, Smith will be at the forefront of this controversy and will be tested immediately. 

All indications that Smith will succeed at his new post are favorable. With ties to our nation's new President, Smith has the opportunity to make a name for himself should he be able to weather the tumultuous storms facing the NFL. 

As we like to say in the legal community, "time is of the essence" with respect to Smith's competency as the new NFLPA leader. With a lockout looming and serious issues still yet to be resolved, Smith will be a focal point of change as we enter a new era in the NFL.

Donte Stallworth Facing Manslaughter, DUI.....

Cleveland wide receiver Donte Stallworth is making headlines this week and for all the wrong reasons. Last weekend, Stallworth was driving to Miami beach in his luxurious Bentley when he hit and killed 59 year old Mario Reyes, a pedestrian crossing the street. Initial reports were unclear as to whether Stallworth was under the influence of drugs or alcohol and whether the Reyes had crossed at a legally designated crosswalk. But today, many major media outlets are forecasting the worst for Stallworth.

A report that has surfaced, but has yet to be officially confirmed, shows that Stallworth had a Blood Alcohol Level of .12, which is above the legal limit of .08 in Miami, Florida. Stallworth already admitted to drinking a few margaritas and shots of patron the night before, but claims he stopped drinking at midnight. Regardless of when he stopped drinking, if this report turns out to be accurate, criminal charges are almost a guarantee.

The question for prosecutors in Miami will be whether to charge Stallworth with manslaughter. If they decide to go this route, Stallworth could be facing penalties upwards of 15 years in prison. 

The investigation is obviously ongoing and the Miami District Attorney's Office has yet to confirm this damaging report, but I can assure you, if this report is accurate, Donte Stallworth's career in the NFL is in serious jeopardy.

2009 NFL COMBINE CONCLUDES - NFL Draft Bible Is On Location

The 2009 NFL Combine has officially come to a close and we are only a few months away from one of the most anticipated events of the year; the NFL Draft.  With a field of stellar talent across the draft board, who will be this year's rookie phenom?  

I will be hosting a special edition of NFL Draft Bible's Coverage of the Combine and will be speaking with NFL Draftbible correspondents that were on location in Indianapolis as well as featured players who had the opportunity to participate.

For the legal enthusiast, I am pleased to be joined by fellow attorney John Hogan, a disability specialist with over 25 years of expertise in the legal field.  Hogan has been a key player in fighting for the disability rights and benefits for former NFL players.  He will graciously join me to discuss some of the changes he has proposed to Commissioner Goodell in the hopes of reforming the disability plan set forth by the NFL.

Click on the link below or simply click the title of this article to listen in.........

http://www.blogtalkradio.com/All-Access-Football/2009/02/26/NFL-Combine-On-Location

Political Publicity Stunt? Or Just Plain Stupidity?

By Scott Daniels, Esq., NFL Draft Bible

Mission Statement of the Utah Attorney General's Office

The mission of the Office of the Utah Attorney General is to uphold the constitutions of the United States and of Utah, enforce the law, provide counsel to state agencies and public officials, to work with law enforcement and protect the interests of Utah, its people, environment and resources.

With our team of highly qualified attorneys, investigators and staff members, we ensure the law is upheld and the rights of all citizens – no matter how young or old – are preserved. We especially focus on protecting children. We also make every effort to educate the public about safety, justice, liberty and equal opportunity.

As we see it, it is our duty to diligently work with integrity every day to fulfill these responsibilities as we serve the citizens of Utah. That is our entire focus. That is our mission.
____________________________________________________________________

Mark Shurtleff, Utah Attorney General, appears to have misinterpreted his own mission statement.

Apparently, Shurtleff feels that the good people of Utah were legally harmed by the evil Bowl Championship Series. Afterall, it seems perfectly legitimate to launch an investigation into alleged antitrust violations by the BCS immediately after the University of Utah defeated Alabama in the Sugar Bowl, prompting many to argue that Utah should be considered the nation's top college football team.

Is this guy serious? Does he not value his position as Attorney General? And haven't we seen this fiasco once before with the outspoken United States Senator, Arlen Specter, and his crusade against the NFL in the wake of the SpyGate conspiracy?

Shurtleff claims in his mission statement that his office will attempt to protect the interests of Utah, its people, environment and resources. How does going after the BCS in the court of law protect anyone other than the people associated and monetarily connected to the University of Utah? Last time I checked, citizens of Utah were not entitled to any of the millions of dollars given to the University of Utah for participating in this year's Sugar Bowl.

More importantly, how is Shurtleff's pointless attack on the BCS protecting the resources of the state of Utah? We are in a recession. The national economy is in horrible shape. Unemployment numbers are staggering. State agencies are hurting for money and the mighty attorney general from Utah wants to use his scarce resources to investigate an obvious flawed format that is the BCS.

What is it with elected officials and their obsession to be recognized? There is no way this Attorney General can justify an investigation into the BCS. This is college football. The BCS is governed by several collegiate conferences. The University of Utah is not the only school that has been snubbed by the BCS. And the fact that the Utes may be at a financial disadvantage because they are virtually ignored for a National Title bid does not warrant a full scale investigation by the state's highest lawyer by stature.

I don't care how he spins it, Attorney General Shurtleff is blatantly imitating the actions of United States Senator Arlen Specter, who finally gave up his crusade against the NFL after crucial evidence turned out to be bleak at best. Shurtleff may raise valid and thought provoking issues that might influence change to our current BCS format, but he is in no way fulfilling his civil duty as an Attorney General.

REALITY OF THE PLAXICO BURRESS SAGA

By Scott Daniels, Esq., NFL Draft Bible

The Plaxico Burress situation is nothing new. A high profile athlete makes headlines after an incident at a Manhattan night club. Gun charges are the result and another prima donna superstar gets suspended by the NFL. The only difference with this situation is that Burress managed to distinguish himself from most potential felons by shooting himself with an unlicensed weapon he foolishly branded while partying with friends and teammates last weekend.

 

And like every incident involving an NFL superstar, the media is all over it. Even Mayor Michael Bloomberg got some face time. 

 

Rumors have begun to surface. Speculation is already running wild. And everyone with a pulse appears to have some sort of opinion on the Burress situation. But what most people disregard is that there are certain realities within this ordeal. Some may disagree with them, but no one can ignore them.

 

Plaxico Burress Is Not Going to Jail

Burress was charged yesterday morning with two felony counts of criminal possession of a weapon in the second degree. This is a Class C felony and the state of New York carries a mandatory prison sentence for carrying an unlicensed loaded handgun. The mandatory minimum prison sentence in New York is three and a half years.

It would appear to look pretty bleak for Burress, however, he is a first time offender. It is very common in New York for first time offenders to plea down to a lesser charge to avoid jail time. Don't be surprised to see Burress plea down to misdemeanor gun charges and receive a virtual slap on the wrist through probation.

Mayor Michael Bloomberg Could Care Less About Plaxico Burress

The Mayor of New York was quite vocal on Monday in response to the notion that Burress might receive preferential treatment in the eyes of the law since he plays for the New York Giants. Bloomberg's desires to see Burress prosecuted to the fullest extent of the law were loud and clear, but even he neglected to mention that this was Burress' first brush with the law.

Make no mistake about this. This was Mayor Bloomberg's opportunity to get national press coverage through a story that has attracted the attention of the entire country. He knew he had an opportunity to showcase New York's strict gun laws and he seized it by urging prosecutors to treat Burress like anyone else. 

Well, just like everyone else in America Mr. Bloomberg, Burress is afforded the presumption of innocence, a fundamental legal right in our nation's criminal justice system.

Antonio Pierce Should Be Very Concerned

It's still very early in the investigation, but Antonio Pierce appears to have serious legal problems ahead. If police discover that Pierce attempted to cover up Burress' accidental shooting of himself, he could be facing obstruction of justice charges. 

In The NFL, Players Are Not Innocent Until Proven Guilty

Roger Goodell has made it very clear that he will impose penalties on players before the legal system has it's chance to run it's normal course. Burress has already been suspended, without pay, for the remainder of the regular season. So how come the presumption of innocence doesn't apply in the NFL? Because it's a private entity. 

Commishioner Goodell's new personal conduct policy has been the subject of debate since it throws out the notion of "innocent until proven guilty," but it has, for the most part, worked to deter players from off-the-field problems. Goodell's decision to suspend Burress is the result of Burress' complete disregard for the league's image and the New York Giant organization. It's up to the state of New York to decide Burress' alleged disregard for the law.

THE RETURN OF SUPERMAN

By Scott Daniels, Esq., NFL Draft Bible

His talents were like nothing the NFL has ever seen before. His speed was breathtaking. His abilities were endless. He revolutionized the quarterback position. He was a 100 million dollar man and had the city of Atlanta in the palm of his hands. Michael Vick was not only a superstar, he was an icon.

But all the glitz and glamour quickly disappeared after he was convicted of several felonies stemming from a dogfighting operation he ran and funded in his home state of Virginia. For the past year, Vick has been serving a prison sentence handed down by a federal judge in one of the most captivating stories since the OJ murder trial.

It appears Vick is nearing the end of his prison sentence Vick has just plead guilty to state dogfighting charges - a move that should allow him to serve out his remaining prison sentence in a half-way house. Vick could be a free man as early as the Summer of 2009.

Just the thought of Vick returning to the league sparks my imagination.

Will he be the same electrifying talent we are used to seeing? Will he still play the quarterback position? 

Reports are that Vick has been working out and remains ready for a possible return, but will Goodell allow him back in the league?

And if he does, will Goodell impose further penalties on Vick? After all, Goodell technically suspended him indefinitely last year and has probably had little or no contact with Vick since then. If we have learned anything about Goodell's tolerance level, Vick will certainly have another shot to play in the NFL. Adam "Pacman" Jones has had several chances to redeem himself and is currently in rehab for an apparent alcohol problem. My intuition tells me that Jones' problem goes a little further than alcohol abuse.

In focusing on the Vick situation, the dogfighting incident was part of a fairly lengthy list of problems Vick encountered while in the NFL. Even if we assume Goodell allows Vick back in the league, there are several questions surrounding his role on a team that is desperate enough to take him.

Arthur Blank, the owner of the Atlanta Falcons has virtually ruled out the possibility of taking Vick back and rookie Matt Ryan has solidified the starting quarterback role there. Blank has expressed his hopes that Vick does return to the game of football, but with a different organization.

One need not even ask the question of whether there is an NFL franchise that will welcome Vick with open arms. NFL teams care about one thing and one thing only - winning. If a player can help achieve that goal, he is worthy of a contract in the eyes of owners and general managers.

Possible takers? The Detroit Lions and the Oakland Raiders can't possibly get any worse. Vick could only make them a better team. The Chiefs and Bears could use a mobile quarterback. 

The bottom line is, Vick is a commodity. And in this era of superstars and highlight films, commodities in the form of offensive threats will always have a home in professional sports.......regardless of the public relations nightmare that lurks in the background.