Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

Whether its Braylon Edwards, K-Rod, Lawrence Taylor or the many others, professional athletes have really done their part in keeping their lawyers busy.

Many were outraged that the New York Jets were not going to suspend their wide receiver, Braylon Edwards, after his DWI arrest for their upcoming game arrest the Miami Dolphins. Well, why should the Jets suspend anyone?

Dolphins' running back, Ronnie Brown and cornerback, Wil Allen, were both arrested for DWI themselves. Defensive end, Phillip Merling, was arrested for allegedly assaulting his pregnant girlfriend. Not to be left out, Tony McDaniel, was also locked up for misdemeanor battery. The Dolphins have all of these players, and their wrap sheets, ready to go, so why should the Jets suspend Edwards?

Suspending any of these players, without pay, in the Jets/Dolphins game would only serve to impede the players ability to pay their legal fees. Now, that's not good for business.

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The NFL has fined Brandon Jacobs $10,000.00 for his helmet toss this past Sunday.  Jacobs has also made it clear he has no intention of demanding a trade or a meeting with the New York Giants coaches or management. 

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Sunday's big match-up between the Manning brothers did not live up to the hype.  Lackluster run defense and surgical offensive execution gave the edge to Peyton Manning and the Indianapolis Colts.  Not only did the Giants lose on the field, but it looks like Brandon Jacobs' actions and his mouth have continued to embarrass the team on the sidelines and off the field.  

After one of the Giants many quick three-and-outs of the game, New York Giants running back Brandon Jacobs came off the field and launched his helmet into the stands.  Jacobs, whose frustrations has lead to off the field remarks including a trade request,  later told reporters he was sorry for the incident and lost control of the helmet as he attempted to throw it under the Giants bench.  The helmet landed 6 rows up into the Indianapolis Colts crowd and was knocked down by an Indianapolis Colts fans.  No one was injured stemming from the helmet toss, but there was an altercation between the Colts fans and the Lucas Oil Stadium security.  

The NBC broadcast caught the majority of fan and security personnel interaction, and it was clear the fan did not want to return the helmet.  It almost looked like a tug of war match between the two groups.  After it was all said and done, Jacobs got his helmet back and the disgruntled fan got what he was told was a game ball from the Colts.  

The big question now is what happens from here.  Jacobs claimed it was an "accident" and the NFL and the New York Giants have yet to take any to penalize Jacobs for his outburst, but it was clear Sunday night and in recent statements from the Colts fan that he was very displeased with the entire incident.  In other sports, fans have gone ahead and sued players individually and manufacturers for their roles in injuries the fans have been subjected to due to play on the field.  But in this case, it may be a question as to whether or not the fan should assume the risk that a players' helmet will take flight into the stands.  

In a recent action filed in Manhattan court, involving the New York Mets and the Rawlings company has given some precedence that fans can sue for their injuries sustained due to a bat being shattered on the field.  This is a different type of incident though.  Although no injuries have been reported to date, this fan may decide to come back after Jacobs and the Giants for his "accidental" heave.  

In a release to ESPN, the fan says he is an avid Colts fan and goes to all the games.  Would you be surprised if your "Average Joe" fan decided to claim in the future some type of trauma due to the incident?  

To date, no threats of a lawsuit have been made, but with attorneys smelling blood in the water and the Giants running back reeling from his recent off the field remarks anything is possible.

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The New York Jets have confirmed that their wide-receiver, Braylon Edwards, was arrested last night on the west-side Manhattan for allegedly driving while intoxicated.

According to preliminary reports, the NYPD stopped Edwards, in his Range Rover, on 34th Street and 12th Avenue, for having illegally tinted windows. After the vehicle stop, the police detected alcohol on Edwards' breath. After taking a breathalyzer exam, Edwards blew a .16 blood alcohol level, double the legal limit of .08.

Edwards will be charged with misdemeanor DWI in a Manhattan courtroom this morning. In NYC, there is no plea bargaining on DWI charges. If he pleads guilty, Edwards (on a first offense) will face 3 years probation, loss of his driver's license for 6 months, required driver education and fines. If he has a second offense, he will be looking at jail time.

As a former NYC prosecutor, I have handled hundreds of DWI cases. When a defendant, like Edwards, blows over .15, he is dangerously drunk. When you cross a reading of .2 on a breathalyzer you are close to blackout drunk. While there is no excuse for any DWI, Edwards' actions (if true) are more than disgraceful as he could have used part of his seven figure salary to pay for a cab.

We will following whether this arrest will violate Edwards' existing probation, in Ohio, for an October 2009 bar fight involving Edwards and a friend of Lebron James. If this arrest violates his probation, a court in Ohio may issue a warrant for his arrest.

Once again, stay tuned.

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So New Orleans Saints' running back Reggie Bush expects us to believe that his decision to return the 2005 Heisman trophy is "not an admission of guilt." Then what the heck is it? An admission that he followed all the NCAA rules to the letter?

This is just another example of the double-talk nonsense used by professional athletes in the hopes of satisfying the fans and media. To make matters worse Sean Payton, Bush's coach, said that the disgraced college player had "matured a ton" since he was drafted.

I beg to differ.

If Bush had actually matured, at all, he would have come clean about his improper conduct at USC and, at minimum, apologized for his lies and misdeeds. That's what a mature person would have done.

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The Mets’ closer, Francisco Rodriquez, has put himself into a real jam.

Today, K-Rod was charged with committing criminal contempt (another misdemeanor charge) for violating the order of protection, issued by the court, in favor of his girlfriend. Apparently K-Rod sent her 56 text messages trying to explain his violent actions and also expressing his love.

After K-Rod’s court appearance, in Queens, NY, his lawyer, Christopher Booth, explained that K-Rod violated the court’s order because he doesn’t understand the US justice system and was an “unsophisticated” person.

Well, there are a couple of problems with that excuse. First, when an order of protection is issued, the judge explains the conditions (i.e. no contact) to the defendant. At that point, the defendant must acknowledge (which can be through his lawyer) that he understands the meaning of the order and will comply with it. Second, the order of protection itself sets out the conduct that K-Rod cannot engage in with respect to his girlfriend. Finally, K-Rod is a major league baseball player who has an expensive lawyer representing him in this criminal case. If his lawyer believes that his client still doesn’t get it, he must re-explain all the terms and conditions of the order of protection so there can be no mistake.

K-Rod’s problem now is that criminal contempt charges are easy to prove. What exactly will be his defense to sending these text messages? I didn’t understand? As mentioned above, that’s a loser. Or maybe, I lost my phone? Good luck.

Judges are usually not too pleased when their orders are violated by a criminal defendant. We have written before that most misdemeanor cases usually do not result in any jail time, especially when a defendant is out on bail. However, if K-Rod keeps adding more and more charges to his rap sheet, next season he may find himself closing at Riker’s Island.

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New York Mets closer Francisco Rodriguez will appear in court today for a routine hearing stemming from his August 11th incident at Citi Field.  It looks like the appearance will be all but routine.  Reports indicate that Rodriguez will now face new charges for violating the restraining order that was placed on him.  The injured closer sent 56 text messages to his fiancee since the incident on August 19th.  37 of the messages were sent between August 19-25 and an additional 19 were sent between August 30 and September 13th.

According to assistant district attorney Scott Kessler, Rodriguez's messages were apologetic in tone at first, but became angrier and harsher.  Rodriguez's attorney Christopher Booth argued that his client was unfamiliar with the court proceedings.  Unfortunately, Rodriguez dug himself a hole by texting "I know this message could get me in trouble again, but I already lost you, my house and my children."  Sounds like K-Rod understood there would be some consequences.  

Francisco Rodriguez's original charges could put K-Rod behind bars for up to a year.  These new charges can only add time to his sentence if convicted.  If the court decides to stick it to the closer, each message could be considered an additional offense.  By turning in the text messages, it appears that Rodriguez's fiance is cooperating with the court and has no intention to lift the restraining order.  None of these things seem to help Rodriguez in his upcoming hearing before an arbitrator next month.  Check back for additional news relating to K-Rod.

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According the published reports, Saints QB Drew Brees, who doubles as a member of the NFLPA's board of directors, has stated that more public "solidarity" displays by NFL players are planned for this season.

There is no question that the players for the Vikings and Saints caught the NFL (and NBC) off guard when they walked on the field and raised their collective index fingers as a sign of labor unity. This week there were rumblings that the NFL would balk any more television coverage of these types of NFLPA displays during games. The truth is that these actions by the NFLPA are news and a potential sign that the union is willing to put up
more of a fight in a coming 2011 lockout. As such, it would be an absolute failure of journalist integrity if the networks simply ignored covering them.

Remember that in a league were the injury rate is 100%, the NFLPA has allowed its members (the players) to be saddled with non-guaranteed contracts that can be repudiated by the teams. This means if you get hurt, you get cut. We will be watching, in the coming months, to see if the NFLPA has set its sights on implementing guaranteed contracts to protect its players from being thrown on the NFL scrap-heap.

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Two popular athletes have been linked to domestic violence incidents.  

Los Angeles Lakers guard Matt Barnes was arrested on Wednesday on domestic violence charges. Police received an incomplete 911 call from Barnes' residence.  The call was placed by a woman Barnes was involved with.  The call was disconnected by Barnes during a struggle with the woman. Barnes faces charges of domestic violence and malicious obstruction of the use of a telephone. Barnes was released on $50,000 bail.  Following his release, Barnes put out a twitter post:  "Don't let your ears witness, what your eyes didn't see!!!".  Barnes should take notes from Mr. Clemens and refrain from fueling the fire with a twitter post.  

If his recent rant that has infuriated the asian and gay communities wasn't enough, Floyd is being linked to a domestic battery complaint.  Las Vegas police responded to a call from Josie Harris, mother of Mayweather's child.  Police attempted to speak with Mayweather, but could not locate the boxer.  

Mayweather and Harris don't have the cleanest history.  Harris had accused Mayweather of punching and kicking her while the two were in his Bentley in 2003, but the charges were dropped two years later.  Harris testified she lied because she was upset that Mayweather was involved with another woman.  

Mayweather remains at large.  With his recent public relations blunders, Mayweather should try to surface as soon as possible and at least speak to the police.  At this point of course, Mayweather is innocent until proven guilty.  Stay tuned to Sports In The Courts Blog for further coverage on this story.  

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This week the bitter divorce between the Los Angeles Dodgers owners' Frank and Jamie McCourt went from a private ugly battle to a very public war.

At stake is the major question of who will actually own this team after a divorce is finalized. Apparently, due to some stellar lawyering, 2 prenuptial agreements exist, one that gives control to Frank and one where the McCourt's split the team. Further complicating the issues is the McCourt's dirty laundry (which has come out during the divorce) which may include tax problems and total incompetence in running the Dodgers.

While all of this makes for great scandalous headlines, I'm sure the Court has told the McCourts to work this out and settle before the situation spins further out of control. If they don't, you be sure the Dodgers will have new ownership soon.
 

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