*******The Official Houston Texans 2022: AW Thread************

344,689 Views | 3999 Replies | Last: 1 yr ago by IrishAg
rbcs_2
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AG
It's weird (to me at least) that the punishment goes from six games, to never getting a massage without the guidance of the franchise.

One punishment seems minimal, while the other is a serious lifestyle shift.
BMX Bandit
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seems a safe bet watson already made that lifestyle shift on the advice of counsel
bilbobag
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Quote:
"Judge Robinson found that Deshaun Watson: (a) intended to cause contact with his *****; (b) did so for a sexual purpose; and (c) knew such contact was unwanted."

"Judge Robinson found two "aggravating factors": Deshaun Watson's expressed lack of remorse and his tardy notice to the NFL as to the first lawsuit. "Mitigating factors" were his status as first-time offender and his "excellent reputation" prior to this events"

How did she only rule for 6 games? Well, she went league trying to change the punishment for non-violent sexual assault without notice and there being precedent of non-violent sexual assault case before and 3 games was the suspension.
BMX Bandit
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full opinion:

https://www.espn.com/pdf/2022/0801/watson.pdf


conclusion? definite erection

Quote:

Mr. Watson has not testified that he had erections and inadvertently touched the therapists here; instead, he has categorically denied the allegations against him, including that he ever developed an erection during a massage.24 It is difficult to give weight to a complete denial when weighed against the credible testimony of the investigators who interviewed the therapists and other third parties. 25 Moreover, the totality of the evidence (including the undisputed facts relating to Mr. Watson's use of towels, his focus points, and the not uncommon experience of massage therapists to have contact with the erect ***** of their male clients) lends support to my conclusion that it is more probable than not that Mr. Watson did have erections and that his erect ***** contacted the therapists as claimed by them
rbcs_2
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AG
Yes but he clearly struggles with these types of things. The massage isn't really what he's after.

And just so you can see the angle I'm coming from here, I have a relative that has been arrested several times and is lucky to not be in jail (or worse). Going into her current trial, her lawyer told her to stop drinking until it's over. Well she went out that night and got blackout drunk and was arrested again.
BMX Bandit
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Quote:

A demonstrative exhibit used during the hearing indicates that since the revisions to the Policy (from 2015 to date), by far the most commonly-imposed discipline for domestic or gendered violence and sexual acts is a 6-game suspension.

Only two players have been suspended for 8 games, one for multiple incidents of domestic violence and the second for the assault of multiple victims.

A single player has been suspended for 10 games, for multiple incidents of domestic violence for which the player pled guilty to battery.45

It is undisputed that Mr. Watson's conduct does not fall into the category of violent conduct that would require the minimum 6-game suspension. It likewise is undisputed that prior cases involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here, with the most severe penalty being a 3-game suspension for a player who had been previously warned about his conduct.
to bilbo's point about precedent: key take away from the judge lady
Texas A&M
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Ag_07
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AG
My take is that the judge arbitrator wanted to give more of a suspension and thought more was warranted based on his actions but going off precedent and language in the NFL policy she only could give 6.

I also expect the NFL to appeal and increase the suspension.
rbcs_2
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AG
BMX Bandit said:

Quote:

A demonstrative exhibit used during the hearing indicates that since the revisions to the Policy (from 2015 to date), by far the most commonly-imposed discipline for domestic or gendered violence and sexual acts is a 6-game suspension.

Only two players have been suspended for 8 games, one for multiple incidents of domestic violence and the second for the assault of multiple victims.

A single player has been suspended for 10 games, for multiple incidents of domestic violence for which the player pled guilty to battery.45

It is undisputed that Mr. Watson's conduct does not fall into the category of violent conduct that would require the minimum 6-game suspension. It likewise is undisputed that prior cases involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here, with the most severe penalty being a 3-game suspension for a player who had been previously warned about his conduct.
to bilbo's point about precedent: key take away from the judge lady
I'm not sure what this judge saw, but the 3-game thing is not accurate. One of the big talking points this morning was Big Ben getting 6 game suspension and was never charged with a crime (later reduced to 4). That was one woman.

Something went wrong with this case and I can really only think the NFL screwed up big time. They have no choice but to appeal.
bdgol07
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AG
rbcs_2 said:

BMX Bandit said:

Quote:

A demonstrative exhibit used during the hearing indicates that since the revisions to the Policy (from 2015 to date), by far the most commonly-imposed discipline for domestic or gendered violence and sexual acts is a 6-game suspension.

Only two players have been suspended for 8 games, one for multiple incidents of domestic violence and the second for the assault of multiple victims.

A single player has been suspended for 10 games, for multiple incidents of domestic violence for which the player pled guilty to battery.45

It is undisputed that Mr. Watson's conduct does not fall into the category of violent conduct that would require the minimum 6-game suspension. It likewise is undisputed that prior cases involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here, with the most severe penalty being a 3-game suspension for a player who had been previously warned about his conduct.
to bilbo's point about precedent: key take away from the judge lady
I'm not sure what this judge saw, but the 3-game thing is not accurate. One of the big talking points this morning was Big Ben getting 6 game suspension and was never charged with a crime (later reduced to 4). That was one woman.

Something went wrong with this case and I can really only think the NFL screwed up big time. They have no choice but to appeal.
Playing devil's advocate here....

In a legal sense, 1 accusation or 100 accusations, is the level the same as there is no presumption of guilt when looking at the legal aspect of it all?
rbcs_2
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AG
Legally? Not sure really. If one is presumed innocent then I would consider that to be accurate.

But this isn't a legal case. This is a player conduct case and the precedent wasn't 3 games as many people have pointed out. I think a couple of things happened. The NFL did a ****ty job. And the judge took the all three aspects of punishment to be significant. It might prove to be if Deshaun doesn't seek help.

The thing is though, the public doesn't care about the other aspects of his punishment. They want Deshaun to not play, and want the Browns to suffer.
BMX Bandit
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Not sure I follow you there. Roethlisberger was accused of something violent. The girl in Georgia even went to the hospital I believe to get checked out
BMX Bandit
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Quote:

The thing is though, the public doesn't care about the other aspects of his punishment. They want Deshaun to not play, and want the Browns to suffer.


I'd say the public really doesn't care either way. Internet outrage will last a few days.

Quote:

Something went wrong with this case and I can really only think the NFL screwed up big time.


You not liking the result is not in the NFL screwed up.

Agree or disagree, this Judge went by precedent from previous non-violent Punishments.

What specifically in the ruling do you think the nf screwed up on?
Texan_Aggie
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AG
Not sure what's worse for Watson - 6 games suspension or the stipulation that he's no longer allowed to get massages away from team facilities.
rbcs_2
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AG
BMX Bandit said:

Quote:

The thing is though, the public doesn't care about the other aspects of his punishment. They want Deshaun to not play, and want the Browns to suffer.


I'd say the public really doesn't care either way. Internet outrage will last a few days.

Quote:

Something went wrong with this case and I can really only think the NFL screwed up big time.


You not liking the result is not in the NFL screwed up.

Agree or disagree, this Judge went by precedent from previous non-violent Punishments.

What specifically in the ruling do you think the nf screwed up on?
I think you are misinterpreting what I'm saying. I'm not saying they screwed up in the ruling. I'm saying they screwed up in the case they presented to the judge.

I don't know where you get that I don't like the result, although admittedly I do think it's a bit lenient football-wise, but honestly a six game suspension isn't that unexpected (I was thinking eight). I believe that the second item in the ruling is going to be the more difficult punishment for Watson to adhere to, if he is the deviant he was made out to be in the accusations.

EDIT: I'll add one more thing. I was thinking eight games until I saw some of the Watson deposition when he went against Buzbee. After that I was thinking, wow the NFL might get a year.
BMX Bandit
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I understand what you're saying. The finding outlines the evidence that the NFL put on. What did the NFL not show the judge?

Why were the Watson deposition make you think he would get longer? That's bringing emotion into the equation, whuch the judge was not doing.

It's not like this judge did not believe the accusations. She did. She outlines how Watson did what he was accused up. So I'm not following what you think the NFL should've done differently
Texan_Aggie
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AG
I think in reading the ruling, it was pretty clear the NFL presented it's case and Judge Robinson agreed that Deshaun committed unwanted sexual acts on massage therapists while not feeling remorseful. I think she went light on the punishment.

Quote:

"I find this sufficient circumstantial evidence to support the NFL's contention not only that contact occurred, but that Mr. Watson was aware that contact probably would occur, and that Mr. Watson had a sexual purpose not just a therapeutic purpose in making these arrangements with these particular therapists....

I, therefore, find that the NFL has carried its burden to prove, by a preponderance of the evidence, that Mr. Watson engaged in sexual assault (as defined by the NFL) against the four therapists identified in the Report. Mr. Watson violated the Policy in this regard."
What they didn't seem to prove is that this case was "unprecedented" in Robinson's view. Therefore, she levied a suspension similar to precedent. This is where I'd expect the NFL to appeal and try to lay the hammer.

Where it's hard is to reconcile the following:

  • Gambling on games when you're not playing is a 1-year minimum indefinite suspension
  • Violating the performance enhancing drugs is is 6 games
  • Sexual assault (non-violent) is 6 games
cupcakesprinkles
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AG
Texan_Aggie said:

Not sure what's worse for Watson - 6 games suspension or the stipulation that he's no longer allowed to get massages away from team facilities.


It could be worse........he could have to study the playbook or watch film for 4 hours per week.
rbcs_2
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AG
BMX Bandit said:

I understand what you're saying. The finding outlines the evidence that the NFL put on. What did the NFL not show the judge?

Why were the Watson deposition make you think he would get longer? That's bringing emotion into the equation, whuch the judge was not doing.

It's not like this judge did not believe the accusations. She did. She outlines how Watson did what he was accused up. So I'm not following what you think the NFL should've done differently
After sleeping on it, I still think that the judge is considering the entire punishment as pretty severe, and maybe considers this his first offense so leniency is justified. She wants to see him stay clean before really coming down on him.

But six games is a strange number to arrive at considering four women testified and the only precedent sited was a three game suspension. I think that's the part that makes me wonder about the job the NFL did.

Trying not to be too much of a Texans homer and just consider everything.
Ag_07
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AG
Per ESPN if NFL appeals Watson side plans to sue.
Texan_Aggie
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AG
Go for it. If it's allowed by the CBA, then I'm not sure what they hope to accomplish.

That said, is Deshaun's team even trying to make things look better? His council basically admitted they would not try to win the court of public appeal, claimed that handies from a massage are okay as long as you don't pay for it, and have been on record as saying they don't think this warrants a suspension and will sue if the NFL wants more suspension? Good grief, read the room guys.
Ags #1
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AG
I thought They always said they would sue if the nfl appeals
JCA1
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Texan_Aggie said:

I think in reading the ruling, it was pretty clear the NFL presented it's case and Judge Robinson agreed that Deshaun committed unwanted sexual acts on massage therapists while not feeling remorseful. I think she went light on the punishment.

Quote:

"I find this sufficient circumstantial evidence to support the NFL's contention not only that contact occurred, but that Mr. Watson was aware that contact probably would occur, and that Mr. Watson had a sexual purpose not just a therapeutic purpose in making these arrangements with these particular therapists....

I, therefore, find that the NFL has carried its burden to prove, by a preponderance of the evidence, that Mr. Watson engaged in sexual assault (as defined by the NFL) against the four therapists identified in the Report. Mr. Watson violated the Policy in this regard."
What they didn't seem to prove is that this case was "unprecedented" in Robinson's view. Therefore, she levied a suspension similar to precedent. This is where I'd expect the NFL to appeal and try to lay the hammer.

Where it's hard is to reconcile the following:

  • Gambling on games when you're not playing is a 1-year minimum indefinite suspension
  • Violating the performance enhancing drugs is is 6 games
  • Sexual assault (non-violent) is 6 games

I think the simple explanation is that 2 of those things are directly related to the product on the field and the other is not. It's the same reason the NCAA comes down harder on recruiting violations than felonies. Right or wrong, they see their primary objective as to protect the integrity of the product on the field.
Max Power
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AG
After listening to some podcasts and doing some reading the biggest thing I gathered was that the judge decided on the punishment specifically within the context of precedent from the NFL and what is written into the CBA. The lack of precedent for this specific situation resulted in her levying a suspension that aligned with precedent for other instances. I think she was actually frustrated at some of the ambiguity from the CBA specifically and didn't believe it was up to her to set precedent for this specific situation. Especially when the NFL also still has Goodell in the wings to make a different decision.

The NFL presented 4 specific cases to the judge, not all of them. The judge agreed that the NFL met the evidentiary standard necessary to establish that Watson violated the personal conduct policy in each of the 4 cases. I think her intent was to ultimately put this back on the NFL and have them be responsible for the precedent that is set for this situation. I believe the NFL basically has to appeal to Goodell at this point for no other reason other than to set additional precedent for the future. After the Ray Rice situation I don't think Goodell wants to appear soft on allegations of this nature (the initial Rice suspension was 2 games.)

The thing I'm curious about is if the evidence presented by the NFL for each individual case met the standard, why was it only 6 games? Based on the precedent of individual cases, why would it not be 24 games? Each is an individual plaintiff and act, he's not a first time offender for all the cases, he's a habitual offender.
JCA1
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AG
Max Power said:

After listening to some podcasts and doing some reading the biggest thing I gathered was that the judge decided on the punishment specifically within the context of precedent from the NFL and what is written into the CBA. The lack of precedent for this specific situation resulted in her levying a suspension that aligned with precedent for other instances. I think she was actually frustrated at some of the ambiguity from the CBA specifically and didn't believe it was up to her to set precedent for this specific situation. Especially when the NFL also still has Goodell in the wings to make a different decision.

The NFL presented 4 specific cases to the judge, not all of them. The judge agreed that the NFL met the evidentiary standard necessary to establish that Watson violated the personal conduct policy in each of the 4 cases. I think her intent was to ultimately put this back on the NFL and have them be responsible for the precedent that is set for this situation. I believe the NFL basically has to appeal to Goodell at this point for no other reason other than to set additional precedent for the future. After the Ray Rice situation I don't think Goodell wants to appear soft on allegations of this nature (the initial Rice suspension was 2 games.)

The thing I'm curious about is if the evidence presented by the NFL for each individual case met the standard, why was it only 6 games? Based on the precedent of individual cases, why would it not be 24 games? Each is an individual plaintiff and act, he's not a first time offender for all the cases, he's a habitual offender.
Yeah, the idea that he's a first time offender because he got away with it dozens of times before being caught so we have to just lump them all together as 1 "offense" is an odd conclusion.
bilbobag
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The NFL will appeal
BMX Bandit
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I think because doing this once wouldn't have warranted more than 1 game.

Good point about NFL appeal being necessary to set a new precedent.
Sea Speed
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AG
Watson is a disgusting piece of trash and perfectly embodies the entitled trash bag attitude so many people attribute to a lot of professional athletes, whether they deserve it or not. I truly don't understand how any person with any semblance of a moral compass can continue to root for him or any team that employs him.
texagbeliever
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I consider Watson's offenses worse than Rice. Rice was terrible but it was a moment of passion and emotion. Watson repeatedly and in a premeditated fashion set up opportunities to prey on victims. I suspect he wanted them to resist. That was the thrill. A pro QB can likely find a hottie wanting to have sex with him any day of the week. He wanted a risk to it. Probably also liked the power he felt.
Sea Speed
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AG
Exactly. He used his power and celebrity to coerce these women in to these positions. I bet some of these girls legitimately thought they had "made it" in the instagram masseuse circles or whatever only to be taken advantage of. I've seen 2 numbers, 45 and 66, so I will say he did this to fifty women. There is no way this doesn't escalate. He is a serial abuser of women who very clearly thinks that he did nothing wrong. He is a sick piece of trash and should be kicked to the curb of sports and celebrity.
Cartographer
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Hey guys…. How's training camp?
Ags #1
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AG
NFL spokesman @NFLprguy said "Roger Goodell will determine who will hear the appeal."

What does this mean? I thought nfl appeals and then they can levy whatever suspsension they want
Max Power
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Ags #1 said:

NFL spokesman @NFLprguy said "Roger Goodell will determine who will hear the appeal."

What does this mean? I thought nfl appeals and then they can levy whatever suspsension they want
Goodell has the option to either hear the appeal and determine punishment on his own, or he can appointment someone else to.
MAT
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Read the following quote:
"Under the 2020 NFL-NFLPA collective bargaining agreement ('CBA'), the factual findings of the Disciplinary Officer are binding and may not be appealed."
Which was followed by the fact that the NFL could appeal and make their own ruling.

Which is it? Is the first quote what Watson's camp is basing their possible suing the NFL if it overturns her ruling?
JCA1
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MAT said:

Read the following quote:
"Under the 2020 NFL-NFLPA collective bargaining agreement ('CBA'), the factual findings of the Disciplinary Officer are binding and may not be appealed."
Which was followed by the fact that the NFL could appeal and make their own ruling.

Which is it? Is the first quote what Watson's camp is basing their possible suing the NFL if it overturns her ruling?


Haven't read the CBA, but from the portion you quoted, it sounds like the arbitrator's findings of fact (i.e., her conclusions on what Watson did or did not do) cannot be appealed but presumably her ruling on his punishment can. So, the league is bound by her factfinding (which the league is probably fine with since she largely concluded that he did it) but can appeal the suspension and impose a different one if they think it is warranted by the fact finding. At least that's my brief read.
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