Breaking News: Memphis' Zach Randolph linked to major drug dealing investigation

There is breaking news that Memphis Grizzles forward, Zach Randolph,  may be linked to a major marijuana drug bust in Indianapolis. Randolph has a long criminal record including a prior marijuana conviction.

According to court documents, Indianapolis police have been targeting a Cadillac Escalade as being a vehicle used to traffic drugs. Yesterday, the police arrested the driver of the Escalade (not Randolph). The arrest produced two important pieces of evidence connected to Randolph. The vehicle is registered to Randolph but more importantly, it has been modified to have secret compartments commonly used to hide large amounts of drugs.

We understand that the police have now seized other vehicles owned by Randolph as part of this investigation.

It is important to remember that Randolph has not been charged with any crime. However, news reports are calling him a "major marijuana supplier." Not good, Zach, not good at all.

We will be following this story.

Link: McNamee testifies before Roger Clemens Grand Jury

Brian McNamee testified for over 2 1/2 hours today in front of a Grand Jury.  The investigation to decide whether Roger Clemens will face charges for perjury is coming to an end.  Star witness BrianMcNamee's testimony could mean that prosecutor's may be seeking perjury charges against Clemens in the coming days.

 

Link: American Needle, Inc., NFL, and John Madden Football

Geoffrey Calver breaks down the possible ramifications stemming from recent Supreme Court decisions involving American Needle, Inc. the NFL.  

John Madden Football has become one of if not the most popular gaming franchises ever and may have competitors emerge due to the recent decisions.  Interesting article that makes you wonder what other "officially licensed" merchandise may be affected by these decisions.   Allowing each team to act as a separate entity will definitely allow for more competition between companies, but what will it do to the relationship between the NFL and its teams?

Check back for a break down of the entire American Needle, Inc. case.

Will the Alleged UVA Murderer Face the Death Penalty?

 

According to news reports, Virginia prosecutors are declining whether they will seek the death penalty against UVA lacrosse player, George Huguely. We know, however, that the Commonwealth of Virginia ranks second, only behind Texas, for the most executions since 1976.

Under Virginia law, the death penalty is warranted when 1 of 12 "aggravating factors" to found to be connected to a murder. These factors include homicide as part as of a robbery, abduction or rape.

The question then for Huguely is whether an boyfriend/girlfriend relationship that went horribliy wrong can qualify as a capitial murder?

Based on police reports, the murder allegelly committed by Huguely on Yeardley Love was beyond brutal. Virginia prosecutors may claim that Huguely restricted Love's movement and method of his escape, on the night of the murder, thus becoming an "abduction" and an aggravatinig factor. One other factor to watch is whether a rape kit was done, by police, on the victim's body. Obviously, evidence of rape would easily command the seeking of the death penalty under Virginia law.

We expect public pressure for seeking the death penalty to intense on prosecutors. We will be watching to determine whether any "creative lawyering" is needed to trigger an "aggravating factor" under the law.

Can Floyd Landis Tell the Truth About Lance Armstrong and Cheating?

After Floyd Landis won the Tour de France, in 2006, he tested positive for using performance enhancing drugs (PED’s) to win the race. Once he was caught by race officials, he lied about his guilt.

Landis then appealed his positive PED test to the Court of Arbitration for Sport and there he lied. Not to be outdone, after losing in the Court of Arbitration for Sport, Landis wrote a book to proclaim his innocence from the use of PED’s and appeared on talk shows. Now we know, the only thing his book contained was lies. Lies, lies, lies.

Days ago, Landis sent some emails out admitting his guilt and declaring that he “did not want to be part of the problem” anymore. Well, Floyd, you still are.

In his emails, Landis accused Lance Armstrong and the US Cycling team of doping and covering up a positive test concerning Armstrong. More importantly, Landis now claims that not only did Armstrong use PED’s, Armstrong showed other riders how to dope their blood to avoid positive tests.

If Landis truly wants to remove himself from being “part of the problem” there is only one thing he can do. Landis must supply Cycling officials (and maybe the DEA) with razor sharp specific evidence. Since Landis has no credibility on his own, he must provide investigators with specific names, dates, times, place and methods of blood doping. Anything less with only show the Landis the same as he ever was – a liar.
 

"Sugar" Shane Mosley May Lose Another Lopsided Decision

After losing a lopsided decision at the beginning of the month, "Sugar" Shane Mosley might be in for another brutal defeat.  

The most popular defamation allegations in the boxing world have surrounded Manny "Pacman" Pacquiao and Floyd "Money" Mayweather, but Mosley has also quietly orchestrated his own defamation lawsuit.  

Mosley's case has dated back to 2008;  Mosley has continued to seek his "purse" from BALCO President Victor Conte.  Initially, Mosley sued Conte for statements Conte made about Mosley not knowing what he was putting into his body. Conte said Mosley "knew precisely what (he was) using".  This excuse has been used many times before by athletes.  (See Diego Maradona and Rafael Palmero.)  But how can you be unsure what you are putting into your body?  The body that makes you millions of dollars, the body that you rely on to keep you in the public spotlight.  I will never understand it!  

Conte's defense attempted to derail the lawsuit with an initial summary judgment motion which was denied by the New York Supreme Court Justice Louis B. York.  When looking closer at Judge York's ruling, there is more to the ruling than a simple denial.  In the decision, York avoided a ruling on the merits, and said that the defendant could renew it after discovery was completed.  By doing so, Justice York left the door open for Conte's defense to file a second summary judgement motion, which may be on the way.

As time has past, Mosley has pushed to a $12 million defamation claim.  Mosley's representation insists his client has lost millions of dollars because of Conte's defamatory words.  But has he?  The summary judgment motion, in the works, might pack a 1-2 punch that knocks this case out of the New York State Supreme Court.

Part 1:  Mosley's reputation and income has not been effected by the claims made by the defendant. Mosley just made at least $6.7 million dollars on his fight earlier this month against Mayweather.  We all know boxing is not exactly in its golden years.  With the emergence of MMA and the lack of big names in the Heavy Weight Division, boxing can not compete with the other major sports.  But somehow, someway Mr. Mosley has earned $6.7 million dollars regardless of Conte's statements.  With the help of HBO's hit series 24/7: Mayweather vs. Mosley, "Sugar" Shane was able to put the public's perception of him behind them and allow the fight to earn over $78 million.  Did Conte's statements really effect the amount Mosley has made?

Part 2:  Conte claims he is telling the "truth".  Truth is a complete defense to defamation.  If you tell the truth, you can not be liable for defaming someone.  In this case, Mosley, a public figure, is not only responsible for proving Conte is lying about the statements, but Mosley must prove Conte acted maliciously or with reckless disregard.  Proving this is going to be tough, especially when recent YouTube videos of a deposition Mosley gave last October show Mosley admitting he must have known what he was taking erythropoietin (EPO).

What should Mosley's legal corner tell him?  Throw in the towel Shane!  You just made millions on a fight and have promoted yourself back into the spotlight for LOSING!  Don't run the risk of having the public remember you were a cheater!

Stay tuned........

 

 

 

Thanks BPS 

Breaking News: Canadian Doctor Anthony Galea Charged with Distributing HGH to NFL Players

Today, Dr. Anthony Galea, who has treated major athletes such as Tiger Woods and Alex Rodriguez, was charged with unlawfully treating athletes with illegal drugs including Human Growth Hormone (“HGH”). Dr. Galea, a Canadian citizen, was charged in Federal Court in Buffalo, NY.

The documents filed with the court allege that Galea illegally gave 2 HGH kits to at least one NFL player. The Feds also may have other NFL players that are witnesses to Galea’s alleged HGH distribution. Galea has not entered a plea to these charges as of yet.

We now know that the Feds believe they can connect Galea to HGH use in the NFL. If true, this another blow to the NFL and its apparent lack of enforcement to restrict HGH. The NFL already was rocked when Defensive Rookie of the Year, Brian Cushing, tested posted positive for steroids. This news of HGH allegations in the NFL doesn’t help at all.

The case may shed light on the “pass” the NFL has received on steroid and HGH use by its players while baseball has gotten the majority of the scrutiny. We also will be watching to see if Dr. Galea can be “flipped” to give up other star athletes that may have also received illegal drugs.

We will update once Galea’s lawyers begin to comment on the charges.
 

In and On the Courts, This Week in Sports: Taylor/Cushing/Lebron/Saints Lawsuit

This is what we will be following on this week on the blog:

Lawrence Taylor Rape Charges: Beware of erroneous reports that the defense has a “witness” to prove LT’s innocence. The purported friend of the girl prostitute, who claims that her friend (the prostitute) told her that she didn’t have sex with LT, is a witness to nothing. She is not a witness to whatever happened or didn’t happen in that hotel room. She is only a party to a conversation that may have occurred after the alleged crime was completed. This is credibility of the witness’s case.

Saints Lawsuit: The Saints invoked the arbitration clause of the employment contract with their employee and former director Geoffrey Santini, this act takes the case from the public courtroom and to private and confidential arbitration. Santini is alleging that Saints’ coaches, including head coach Sean Payton misused and illegal removed Vicodin. You have to wonder why the Saints did not do this before the lawsuit was filed. Anyway, the DEA investigation will continue. We will be watching.

Brian Cushing: The Texans AP Defensive Rookie of the Year is just another steroid using cheater and liar about his positive test. Check out Ralph Vacchiano’s very fine piece in the NY Daily News. How any journalist could vote for him again for Defense Rookie of Year? All this shows is that cheating in professional sports by using steroids is becoming more and more accepted.

Lebron James: This may not have much to do with the courts but if Lebron leaves the Cavs, do you think it may have something to do with the scandal of a fellow teammate having an affair with his mother, Gloria James? That has to violate some law of the clubhouse, doesn’t it?

Is a Blackout Coming for NY Jets and Giants Fans?

Woody Johnson, the owner of the New York Jets has now proclaimed that he will not be blacking out his team’s home games, from TV, because the Jets can’t sell its remaining overpriced personal seat licenses (“PSL”). What a guy.

The Jets “stadium mates”, the New York Football Giants have sold more PSL’s than the Jets but are yet to sell out.

Let’s keep in mind that there is no way a New York media market team is going to rock the foundations of the NFL TV contract because they can’t sell a few seats. A blackout would be a financial disaster for the NFL as precious advertising money would be lost.

For those of you are not from the NY area, you need to know the following truths. Truth #1: there was nothing wrong with the now torn down Giants Stadium (where the Giants and Jets played). A simple facelift and some improvements with the concourses and the concessions stands would have made the fans happy. But no, the owners of the Giants and Jets had to build a $1.6 billion “white elephant” stadium instead to charge their fans for these PSL’s. Truth #2, the Giants and Jets badly mistimed the market. The teams hoped to squeeze out their loyal fans from their good seats (held by fans for generations) and replace them with well groomed stock brokers and hedge fund managers from Wall Street (oops). Truth #3: so now a family of 4 can sit on the 50 yard line, in the new stadium, for the “reasonable” price of $2,800 per game (I don’t know if that includes tax). That’s right; the best seats are now $700 a ticket. Did I mention those seats have PSLs of $20,000 per seat? Truth #4, once you pay for the PSL, there is no college fund for the kids.

So now that you know the ugly truths. What will the Jets and Giants do? They will screw their fans, of course. If they can’t sell their oppressive PSL’s with their outrageous ticket prices, the Jets and Giants will have to find a way out to save the NFL TV contract. They will give the seats to advertisers or maybe host those stock brokers to a free game in hopes of making a sale.

I wonder if they can use that TARP bailout money on a PSL?
 

Is a Masturbation Fetish the Key to LT's Defense?

It just may be possible that former Giant great Lawrence Taylor is setting up some type of “fetish defense” to the statutory rape charges against him.

Yesterday, we learned that LT claimed that he never had sex with the girl prostitute but only engaged in masturbation. Today, it has been widely reported that “sources” are saying the girl told a friend that her “meeting” with LT was “easy money” because she “didn’t even have to f__ him.”

Remember, in a statutory rape case all the prosecution has to show is that LT engaged in sexual intercourse with a minor. However, the prosecution must prove that sexual intercourse occurred, not just masturbation or any “fetish-like activity.” This raises the strong possibility that LT may claim that he has some bizarre masturbation fetish involving young women.

While this certainly is an unsavory course of conduct, it is also a complete defense for LT that could save him from jail.

Lawrence Taylor Needs a DNA Alibi

Several news organizations are reporting that former New York Giant Lawrence Taylor has a new “defense strategy.”

Apparently, “sources” are saying that LT will claim that he never had sex with alleged victim but instead engaged in a “masturbatory act.” These same sources reveal that LT will admit to being inside the hotel room with the girl but continue to deny that any sexual intercourse occurred.

So what’s the purpose of this strange admission (if it is even true)? The NY Daily News is reporting that this “masturbatory act” is designed to “scuttle” the third-degree rape charges against him.

Well, they are half right. LT must know that the police may have DNA evidence against him. There also are rumors of a condom being recovered by the police from the hotel room. If this is the case, LT may need a story to explain the recovery of his DNA from the hotel room. An easy explanation is sex. While LT’s explanation may be embarrassing, he may have to convince a jury that it’s true to avoid prison.
 

Lawrence Taylor and the Mounting Evidence; Whose Protecting LT's Blindside?

We know that Lawrence Taylor, through his lawyer Arthur Aidala (a former colleague of mine at the Brooklyn DA’s office) is strongly maintaining his innocence of the recently filed rape charges against him. Aidala has said, in sum, that LT didn’t know the girl and never had sex with her.

On Friday, documents filed in federal court seemed to say differently. In the case against the alleged pimp, Rasheed Davis, prosecutors claim that LT admitted paying $300 for “a meeting” and may have engaged in “sex acts.” The feds allege that Davis, besides engaging in human trafficking, may also deal drugs to his “Johns.”

We, at Sports in the Courtsblog, wonder what, if anything, security cameras in the Holiday Inn will show. Is there video of LT, the girl and Davis entering a room (apart or together)? If there is and if the allegations filed in federal court are true, LT is in major legal jeopardy and he better start looking for a favorable plea bargain now.
 

LT Arrest: the Pimp is the Key to a Conviction

Let’s assume for the moment that Lawrence Taylor is going to deny having sexual intercourse with the underage teenage girl (just like LT’s lawyer told us yesterday). Let’s also assume that the girl says there was intercourse with LT. Then, we may have a classic “he said/she said” case.

In the type of evidentiary “push” situation, how can the prosecution prove its case against LT “beyond a reasonable doubt?” Enter the alleged pimp, Rasheed Davis. Mr. Davis was arrested and charged with being the pimp in the sexual transaction with LT and the underage girl. If this is true, he must possess value and damaging evidence against LT. He must be able to testify about conversations with LT and their arrangements of this encounter. Davis may possess cell phone records, text messages or emails from LT that may contain proof of guilt.

As this case goes forward, Mr. Davis may become more and more important to the prosecution as he can act as “tie-breaker” between LT and the girl’s accounts of what happened that day. Now, the prosecution has to be concerned that Davis is less than a dream witness. He is on parole for a manslaughter conviction and is a violent felon. He can be easy prey for cross-examination on his credibility. The prosecutor has got to make it clear to a jury (if this ever gets this far) that the DA’s office does not get to order its witnesses from “central casting” in Hollywood. In criminal prosecutions, you get the witnesses who would be normally involved in such a disgraceful incident as is alleged in the LT case.

Mr. Davis will have every reason to want to cooperate with the DA because committing a felony like this while on parole means a long trip up the river (probably jail for the rest of his life or close to it) unless he finds a way to save himself. Look to see if Mr. Davis has a date to testify against LT in the grand jury real soon. 

Lawrence Taylor: BUSTED!

There is major breaking news concerning the arrest of former New York Football Giant star linebacker Lawrence Taylor.


The stunning criminal charges allege that LT, through a pimp in Rockland County (NY), set up a sexual encounter with a female who was only 16 years old. If these allegations are true, LT is guilty of statutory rape, a class E felony in New York.


Under NY law, an individual, under the age of 17, CANNOT consent to having sexual intercourse. Therefore, under the law, if LT (being over 21 years old) only had sex with the girl (without any force or intimidation whatsoever), he completed the crime.


While the issue of any sentence for LT is completely premature, since the “worldwide leader in sports” has already gotten it wrong, under NY law, a defendant convicted of a class E felony cannot receive more than 4 years in jail. HOWEVER, if a defendant has no prior felony convictions and the court finds that a long jail sentence is “unduly harsh” based on the nature and circumstances and “character of the defendant”, the court can impose a sentence of less than 1 year in jail.
In the end, LT may need a judge who isn’t a Cowboys fan

Don't Tase Me Bro: A Lawsuit in the Making?

Since Pennsylvania Governor Ed Rendell has come out and criticized the "tasing" of Philadelphia Phillies fan, it is only a matter of time before suit is filed for excessive force. The fan, Steven Consalvi, will face charges of defiant trespassing, disorderly conduct, and resisting arrest. Consalvi and his family has released an apology and acknowledged the teen had committed a "foolish act".

But was the force used by the police officer excessive? Philadelphia, "The City of Brotherly Love", has gained a reputation for being far from its nickname. Incidents from the booing of Santa, to the killing of one Philadelphia fan by another Philadelphia fan, to the most recent grotesque incident of a drunken fan vomiting on an off duty police officer and his children have all been part of a history that has left a black eye on the Philadelphia fan base as a whole. This isn't St. Louis, where fans thank you for visiting their city and ballpark and even cheer on for players on the away team. This is Philadelphia! The same place that has a jail and court in the bottom of their football stadium and welcomed J.D. Drew back by throwing "D" batteries at him. Was the officer really using excessive force?

Excessive force varies from situation to situation. Police officers have to make judgment on the fly everyday. Different situations require different degrees of force, but police officers are required to make their best effort to protect the innocent. In this case, you never know what is going to happen once the fan makes it onto the field and subduing the subject is the top priority. There have been incidents in the past where fans have entered the field of play and attacked participants. In 1995, Cubs pitcher, Randy Myers, was attacked by a fan after giving up a home run. In 1999, Astros outfielder, Billy Spiers, was attacked by a drunken fan in right field. And in 2002, Royals first base coach, Tom Gamboa, was violently assaulted by a father and son. Do we need to have another incident like this to justify the use of a taser?

According to Philadelphia Police Commissioner Charles Ramsey, the officer acted within department guidelines, which allows an officer to use a taser on fleeing suspects. But, The Phillies have decided the use of a taser was over the top. From now on, Philadelphia Phillies team security will be responsible for apprehending all "field jumpers" and turn them over to Philadelphia Police. Unless of course "more force is necessary". In that case, Philadelphia Police will be asked to handle the situation. As a fan, do you feel more secure with a Philadelphia Phillies team security guard ensuring both your safety and the players safety, or would you prefer an actual police officer to make the call and protect both the players and the fans.

All of this controversy and attention and discrepancy over excessive force has just stirred the pot for the fan that admitted to partaking in a " foolish act". Why give hope to someone who knowledgeably broke the law. In fact, he called his father before the incident and asked him if he thought it was a good idea! It is just another individual who will look for a loop hole within our legal system to benefit from his own stupidity.

When a direct order from a police officer is disobeyed, all bets are off.  Don't make an officer have of think of repercussions that might stem from using the force that he has been trained to use.  

By the way, that was a pretty good shot........

The UVA Lacrosse Murder, Look for the Elements of the Crime:

Yesterday, we preached caution in not jumping to conclusions in the lawsuit filed against the New Orleans Saints. Today, we find ourselves in the same position in the UVA murder.

This morning news broke that Yeardley Love was allegedly murdered by her ex-boyfriend George Huguely. Both of these individuals were lacrosse players at the University of Virginia.

Later today, Huguely's lawyer stated that the killing was an accident and asked for restraint until the facts were known.

As a former prosecutor, here's what you got from the defendant's lawyer in his statement. His client will admit to being present at Ms. Love's death and being engaged in the killing, however accidental. Now, all you have to prove is intent and you have a conviction for First Degree Murder. All the other elements of the crime are handed to you.

The New York Times is reporting that Ms. Love was found in a pool of blood and her head may have been banged against a wall. If this is true, Mr. Huguely may now be the one who will be fighting for his life.

Just keep this in mind (an open mind) as this case unfolds.  

Former UFC Champion, Might Not Be In For An Easy Escape

Former UFC Light Heavy Weight Champion,Tito Ortiz, has found himself in the news for all the wrong reasons. Ortiz was arrested on April 26, 2010 for domestic violence charges in connection to his wife (porn star) Jenna Jameson. According to reports, the victim, Jameson, had no intentions of filing a complaint against her husband Ortiz. Instead, it was reported the victim's father was the complainant.

Since the arrest, it has been an ongoing see-saw of statements from both Ortiz and Jameson. Ortiz has denied all charges, claiming it was a "misunderstanding". Ortiz also brought out Jameson's apparent addiction to Oxycontin. Of course Jameson vehemently denied the addiction and has gone back and fourth with whether or not Ortiz had abused her or if the incident was a "misunderstanding". Both parties have expressed interest in reuniting their marriage.

Because Jenna Jameson is not the complainant in the matter and is only the victim, the outcome of this matter will probably not be resolved as easily as both parties would like. Even if Jenna Jameson goes in front of the Prosecutor and the Judge and says it was all a misunderstanding and she wanted the charges dropped immediately, the prosecutor must evaluate the evidence and speak with all witnesses involved including Jameson's father, the complainant. Only after all parties are heard from, will it be clear as to whether or not the Prosecutor will drop the charges.

Ortiz is not the first high profile athlete to have charges brought against them for domestic violence. These types of cases are extremely difficult to deal with as the Prosecutor and Judge do not want to be responsible for dropping charges of assault and allowing two volatile parties to jump back into the same situation, which could lead to more violence with much more serious injuries and consequences.

Keep an eye out for more developments in this case as Ortiz might find it difficult to escape the grapple of the law in this case.
 

Super Bowl Coaches, Not Exactly Saints

On April 30, 2010, a lawsuit was filed by Geoffrey Santini, a plaintiff, his former employer the Super Bowl Champion New Orleans Saints.

Santini, a former FBI agent, claims that he has evidence (maybe by video) that implicates Saints Head Coach Sean Payton and Saints’ Assistant Coach Joe Vitt in a scheme to improperly take Vicodin from the Saint’s controlled drug locker. Santini alleges that Payton and Vitt make have used or distributed Vicodin in the organization. The allegations seem to focus more on Vitt’s conduct than Payton’s. Neither Vitt or Payton are named as defendants in this case.

This is a classic “whistleblower” lawsuit, as Santini says he was forced to resign his position as Saint’s security director when he refused to falsify documents and participate in a cover-up of theft of Vicodin. This type of alleged unauthorized distribution of a controlled drug like Vicodin is a violation of federal law

We understand that the DEA is now investigating Santini’s allegations. As a former FBI agent, it is reasonable to assume that he collected evidence against the Saints and has turned it over to the Feds.

We are going to handle this important case with caution. These are only mere allegations and a complaint is proof of nothing. However, if the DEA makes arrests of Vitt or Payton (or anyone else in the Saints organization) and obtains a conviction, Santini has all the proof he needs. We will be following this one very closely. 

Tiki Barber's Latest Personal Foul:

Tiki Barber was a 3-time all-pro running back with the NY Giants. Now, he is just an all-pro heel. Barber has been sued for divorce by his wife for committing adultery. But this not "regular" cheating, this is a true all star low.

Tiki apparently has become romantically involved with his babysitter (who has model-like good looks) while his wife is 8 months pregnant with his twins (they also have 2 other young children). Did I mention Tiki's wife is also bedridden because of this pregnancy?

I hope Tiki doesn't spend too much money on his new fling. You see, New York is a "fault" divorce state, meaning that there must be "grounds" for a divorce not just irreconcilable differences. Adultery more than qualifies. New York, unlike other states, has no set formula for the awarding of spousal support (alimony). A New York court can fashion alimony payments based the the unique facts and circumstances of the case and the grounds for divorce.

Rest assured that pricing Tiki's latest personal foul will involve plenty of zeros and commas. Memo to Tiki, act like the Giants and move to Jersey.