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POSTED 10:33 p.m. EDT; UPDATED 10:45 p.m. EDT, September 28, 2007

PATS HIT WITH CLASS-ACTION LAWSUIT

A pair of lawyers in New Jersey have filed a class-action lawsuit in federal court on behalf of all Jets season-ticketholders who paid for seats to watch the Patriots and at the Meadowlands during the eight-year Bill Belichick era.

The action arises from the finding earlier this month that the Pats were secretly videotaping the defensive signals sent from the Jets' assistant coaches to the players on the field.

Alleging that the cheating violated the federal RICO laws and the New Jersey Consumer Fraud Act, the lawsuit seeks $184 million in damages.  The number comes from the $61.8 million paid for tickets to the game, which is trebled under the theories alleged.

"How many times have the Patriots done this? We find it hard to believe they did it just once," attorney Carl Mayer said, according to the Associated Press.  "We just want to get to the truth of the matter of what the Patriots did to the Jets.  I think the ticket holders are genuinely concerned about it.  This is a type of misrepresentation."

Cases of this nature -- which some might call aggressive and others might describe as frivolous -- hinge initially on the identification of one or more legal theories that, if the facts alleged are proven to be true, will support a claim for the relief sought.  On that point, we plan to track down a copy of the complaint and give it a fair and objective analysis.

If the lawsuit can survive an initial challenge based on what's known in the profession as a "motion to dismiss for failure to state a claim" under Rule 12(b)(6) of the Federal Rules of Civil Procedure, then the question becomes whether the plaintiffs can prove the alleged facts.

And the problem for the Patriots is that the evidence of historical cheating was given to the NFL, which promptly destroyed it.

Um, that's a potential problem.

The suit also will expose Belichick and his current and former assistant coaches and all current and former employees of the football operations to depositions under oath.

That's a potential problem, too.

Stay tuned on this one.  The primary battleground will be the motion to dismiss.  Because once the pre-trial discovery process begins, things could turn very ugly, very quickly.


FRIDAY INJURY REPORT

It's the weekly out-doubtful-questionable-probable day.

So here's the link to the Friday injury report.

For amusement purposes only.  And health care education.


POSTED 5:01 p.m. EDT, September 28, 2007

STEINBERG SAYS RICKY STILL HAS IT

Alex Marvez of FOXSports.com takes a look at the coming reinstatement application of Dolphins running back Ricky Williams.  Agent Leigh Steinberg tells Marvez that Williams plans to apply for reinstatement on October 2, and that Williams could spent a lot more time in the NFL.

"He's only 30 and could have six or seven more productive years," Steinberg said.  "Because of how incredibly disciplined he is with his diet and training, he could have five years of being among the league leaders in rushing and a franchise-builder for a team."

The only problem is that, with Williams one Grateful Dead concert away from an indefinite banishment, who could afford to take that risk?  Indeed, Williams' "incredible discipline" when it comes to his diet and training has hardly been matched by his "incredible discipline" when it comes to keeping prohibited substances out of his system.

In the past three years, Williams has spent one season in retirement, 75 percent of one season playing football, and (as of Sunday) one season and a quarter of another on suspension.  So the concern remains in league circles that Ricky might like smoking weed more than he likes playing football.

With former Saints G.M. Randy Mueller, who traded Williams to the Dolphins five years ago, running the show in South Florida, we can't imagine the Fins giving Ricky yet another second chance.  If he's reinstated before the October 16 trading deadline (which is highly unlikely), we suspect that the Dolphins would try to ship him out of town.  If he's reinstated after October 16, the team could cut him -- unless his reinstatement comes with only a handful of regular-season games left to play.  In that case, they'd likely hold his rights and trade him in March.

But none of that is relevant if he isn't reinstated.  He failed to secure reinstatement in May, reportedly because he failed a drug test.  Given his history, we think that staying clean for the duration of the extension to the suspension would be an Appalachian State-style upset.


POSTED 3:22 p.m. EDT; UPDATED 4:11 p.m. EDT, September 28, 2007

NO ADRIAN FINE FOR HEAP HIT

Adam Schefter of NFL Network reports that the league will not be fining Cardinals safety Adrian Wilson for giving Ravens tight end Todd Heap a blow to the head after Heap made a key catch during Baltimore's game-winning drive in Week Three.

Officials flagged Wilson for unnecessary roughness on the play.

Also escaping league-imposed penalty is Falcons cornerback DeAngelo Hall, who went bonkos during the team's loss to the Panthers, chalking up 67 yards in penalties on one drive.  Per Schefter, the league won't be fining Hall because the team already has imposed, reportedly, a six-figure fine.

Not so luck in this regard was Chargers safety Marlon McCree, who will be $7,500 lighter after being fined for a helmet-to-helmet hit on Packers receiver Donald Driver.


POSTED 11:27 a.m. EDT; UPDATED 1:49 p.m. EDT, September 28, 2007

ANOTHER BANK SUES VICK

Days after a bank in Canada slapped suspended Falcons quarterback Mike Vick with a $2.3 million lawsuit aimed at collecting on the proceeds of a loan, a bank in South Bend, Indiana has filed a similar claim against one of Vick's business interests.

More than $2 million in loans were made to Divine Seven, LLC, to finance automobiles for a car-rental firm in Atlanta.  According to the South Bend Tribune, suit was filed in federal court on Wednesday. 

Media reports say that court papers list Vick as the chief financial officer of Divine Seven, LLC.  Information that we found on the Georgia Secretary of State's web site indicates that Vick was the organizer, initial member, and president of the company, which was founded in December 2006.

As a reader pointed out to us recently, the act of filing suit will likely give the banks a better place in the line of Vick creditors, in the event that Vick files for bankruptcy protection.


FRIDAY AFTERNOON ONE-PER-CLUB ONE-LINERS by Michael David Smith

The Cowboys' offense doesn't seem to miss injured WR Terry Glenn.

Asked about his sore right ankle, Giants WR Plaxico Burress said, "No question.  I will play."

Eagles DE Jevon Kearse hasn't done much that shows up in the stats this season, but defensive coordinator Jim Johnson says, "I can see on the film that the pressure's there at times, the technique is good.  He'll break out of it.  I have confidence in him."

The Redskins will bring in free agent WR Keenan McCardell for a workout next week.

In Chicago, there's already speculation about who will start at quarterback for the Bears in 2008.

The Lions give out championship belts for the best player on the team in everything from dominos to rock-paper-scissors.

Although Packers G Jason Spitz has completely healed from the strained calf he suffered Week One, he has lost his spot in the starting lineup to Julius Coston.

Vikings S Darren Sharper says the Vikings' defensive players all know that Packers QB Brett Favre is just three interceptions away from breaking George Blanda's all-time interceptions record and says, "We're all planning to get that third pick."

Falcons rookie DT Trey Lewis, a sixth-round pick from Washburn, will make his first start Sunday.

With Dan Morgan nursing a shoulder injury, the Panthers have moved OLB James Anderson to the middle.

Dr. James Andrews operated on both of Saints RB Deuce McAllister's knees Thursday, performing a minor arthroscopic procedure on his right knee in addition to repairing the torn ACL in his left knee.

Buccaneers RB Cadillac Williams says he knows coach Jon Gruden will bench him if he doesn't stop fumbling.

Cardinals WR Anquan Boldin missed practice Thursday but said his sore hip is "a lot better."

Rams rookie RB Brian Leonard says he's ready to go in place of injured RB Steven Jackson.

With Vernon Davis out with a knee injury, the 49ers will split time at tight end between Delanie Walker (on passing downs) and Billy Bajema (on running downs).

The Seahawks and CB Marcus Trufant have had some discussions about a contract extension; Trufant's contract expires after this season.

Bills backup QB Craig Nall isn't thrilled that he was cut before the season and re-signed this week:  "It's a little awkward, but I have to kind of swallow my pride because I'm basically taking a pay cut to be in the same situation that I would have been in had they kept me."

Dolphins MLB Zach Thomas says of the lingering effects of a concussion, "Everything goes from HD to regular TV."

The Patriots' defense has given up a touchdown all five times the opposing offense got into the red zone.

Jets coach Eric Mangini thinks highly of backup FB Stacy Tutt.

Ravens WR Mark Clayton thinks his teammate, rookie Yamon Figurs, could be a better kick returner than Devin Hester.

Browns P Dave Zastudil punted in practice for the second straight day Thursday after missing two games with a strained oblique.

The streak of 64 consecutive games played by Bengals RB Rudi Johnson is expected to come to an end.

Steelers WR Hines Ward and TE Matt Spaeth missed practice again Thursday.

Texans WR Jerome Mathis missed practice Thursday but insists that his leg injury is "nothing major."

The Colts and DE Dwight Freeney appealed to the Elias Sports Bureau to award him a half-sack for the final play of last Sunday's game; Elias decided to award the whole sack to Robert Mathis.

A Jaguars spokesman says DT John Henderson was cleared by the medical staff to return to the field against the Falcons in Week Two; he then received a second blow to the head.

The collisions on kickoffs in the NFL are, says Titans S Donnie Nickey, "like a car wreck."

DE Simeon Rice says he'll be a difference-maker when the Broncos play the Colts.

Chiefs RB Larry Johnson has a sore hamstring but will play against the Chargers.

Chargers S Marlon McCree was fined $7,500 for a hit on Packers WR Donald Driver.

The Raiders' offensive line still isn't very good, but it's better than last year.


POSTED 11:12 a.m. EDT, September 28, 2007

BULGER, JOHNSON PROVE THE VALUE OF A HOLDOUT

Although we continue to believe that a player under contract should honor that contract, there definitely are situations in which a holdout can be effective.

In pro sports, withholding services is a player's only true leverage, regardless of whether or not the player is already a party to a contract requiring him to provide such services.

In the cases of quarterback Marc Bulger, who was entering the final year of his contract with the Rams, and running back Larry Johnson, who was embarking on the last season of his rookie deal with the Chiefs, the decision to stay away from the start of training camp helped both of them get the kind of deals now that they might never have seen otherwise, given their performances to date in 2007.

As one league source opined to us this week, "Bulger would be SOL right now if he hadn't pushed the issue" by not showing up when camp kicked off.

Ditto for Johnson, especially since there is speculation in league circles that the football world might never again see the bruising back who churned out near-dominant performances in 2005 and 2006.  There's a lot of wear on the tires, and the offensive line is diminished.  Though the contract pushes enough money to the out years to somewhat protect the team in the event that L.J.'s fastball is gone, Johnson's decision to take a stand has helped him to get money that simply might not have been there in March 2008, from the Chiefs or from anyone else.


ROMO'S BEST BET IS TO HOLD OUT, TOO

We mentioned last night that the Cowboys plan to simply slap the franchise tag on quarterback Tony Romo if his agent, Tom Condon, continues to insist upon more than $30 million in guaranteed money for the undrafted signal-caller turned budding superstar.

But this strategy presumes that Romo will sign the one-year tender and report for duty.  If he chooses not to sign the tender and stay away from training camp, the preseason, and up to ten weeks of the regular season, the Cowboys will be screwed for 2008.

The smart move for Romo, from a money standpoint, would be to stay away.  From a football standpoint, the question is whether he'd be able to fend off his desire to play.

And, as a reader pointed out to us this morning, the fact that the Cowboys are reluctant to pay Romo more than $30 million guaranteed even though he has proven his abilities in an era where the No. 1 overall pick in the draft gets more than that without ever putting on an NFL helmet highlights the serious problems with the player compensation system.

For the Cowboys, they could get to pay two guys that much money in 2008, since they hold Cleveland's first-round pick as a result of the trade that allowed the Browns to draft Brady Quinn.


POSTED 9:30 a.m. EDT; LAST UPDATED 9:53 a.m. EDT, September 28, 2007

UNCLE RICO WANTED THE HEISMAN

Titans quarterback Vince Young has the potential to become, we believe, the next great NFL quarterback.  As further explained in this week's PFTV discussion on the subject.  (Humor us and watch the thing, please.)

And part of his motivation apparently arises from the fact that he didn't win the Heisman Trophy in 2005.

"I was angry about that situation . . . .," Young says in a 60 Minutes profile that will air on Sunday.  "And I wanted to show the world that I was the real Heisman Trophy winner.  But on paper, Reggie Bush is the Heisman Trophy winner.  I am not taking nothing from him.  He knows he's a phenomenal athlete. . . .  I always feel like I'm better.  Always."

Hey, whatever it takes to get it going for Young is a good thing.  Young translated his frustration into one of the greatest college football performances of all time against Bush's Trojans for the national championship.  Perhaps he's using that scar to drive him to become one of the best quarterbacks in the NFL.  (And we think he already is.) 

Of course, if the NCAA had an effective and meaningful investigation protocol, Young might end up with the Heisman, because Bush would potentially be declared ineligible for all or part of the season in which he won it.  Published reports indicate that Bush and/or his family received financial benefits from a prospective marketing agent as early as 2004. 


PFT PLANET OFFERS UP ADVICE FOR BENGALS

In response to Thursday night's item, courtesy of the Cincinnati Enquirer, regarding a request by the Bengals to go Carl Spackler on the pigeons that are pooping on the patrons of Paul Brown Stadium, PFT Planet has responded.

 

Apart from the usual (and funny) smart-ass remarks, such as "maybe they can borrow the guns from the players," several readers have pointed to an option that has not yet been mentioned by the team -- hawks or other predatory birds that will keep the pigeons away, or subject them to the realities of the food chain.

It's not enough to keep the pigeons away permanently, but it would be an effective game-day device for replacing mass amounts of pigeon poop with a periodic plop or two from the hawk patrol.


MOST UNINTENTIONALLY HILARIOUS CLIP, EVER

A reader sent this YouTube clip to us moments ago.  My first reaction was to laugh my ass off.  My second reaction was to think that, given the injuries suffered by Kevin Everett, it might not be appropriate to post it here. 

But then I watched it again and laughed my ass off again, primarily because of the anchor's reaction -- and the perfect timing between the anchor's words and the on-screen "action."

We think that even Everett would laugh his ass off over this one.  Enjoy.

 


POSTED 9:13 a.m. EDT, September 28, 2007

MESSAGE SENT TO RONNIE BROWN?

After a sssslow start to the 2007 season, Dolphins running back Ronnie Brown blew up on Sunday against the Jets, with 211 yards from scrimmage and three touchdowns against the Jets.

The sudden emergence of Brown has prompted strong speculation in and around the team that coach Cam Cameron intentionally held Brown back in the first two games in order to coax him into playing up to his potential.

If that's accurate, then the Fins could be 1-2 right now, if Brown had gotten more than 11 carries against the Redskins in Week One.

Still, the message apparently has been received, and Brown might finally become the South Florida version of Cameron's most recent stud tailback, LaDainian Tomlinson of the Chargers.

Brown gets a chance to build on last week's success on Sunday against the Raiders.


POSTED 8:33 a.m. EDT, September 28, 2007

SLOW GOING FOR LEFTWICH

A month ago, Byron Leftwich was the starting quarterback of the Jacksonville Jaguars.  Now, he's buried at No. 3 on the Falcons' depth chart behind a guy no one else wanted and another guy who was out of football for . . . three . . . years.

A league source tells us that Leftwich, who signed with the Falcons after a Week Two loss to his old team, is having a hard time climbing the depth chart because he's learning the offense too slowly.

Part of the problem, as we see it, is that the Leftwich acquisition has all the signs of an ownership decision that was forced upon the front office and the coaching staff.  If G.M. Rich McKay and/or coach Bobby Petrino genuinely wanted Leftwich, they would have made a play for him earlier than they did.

If that's true, the coaching staff has no real incentive to bust their butts to get Leftwich ready to play, since the coaching staff didn't want him in the first place.  So, in our view, Leftwich likely won't play unless and until ownership makes it abundantly clear that ownership wants to see Leftwich on the field.

Officially, there's currently no specific schedule for Leftwich to replace Harrington.  "We really haven't set any timetable yet,'' coach Bobby Petrino said Thursday. 

Meanwhile, Leftwich likely isn't going to get on the good side of the coaching staff by bellyaching about his status.  "It was the first time in my life I've been in that situation,'' Leftwich said in reference to his role as the No. 3 quarterback against the Panthers in Week Three.  "It was difficult because you're so used to being out there.  Your back gets to hurting, your legs get tight.  It was just a different feeling that I wasn't used to.''

Leftwich might want to get used to that feeling.  Because, for now, his primary job will be to continue to stand around.

"Joey is our quarterback right now because we believe he's going to give us the best chance to win," said offensive coordinator Hue Jackson.


POSTED 8:11 p.m. EDT, September 27, 2007

BENGALS WANT TO GO HUNTING

There's a bit of a pigeon problem at Paul Brown Stadium in Cincinnati.

As it turns out, the pigeons have been dropping their business on fans, and in their food and beverages.  (We presume that no version of the five-second rule applies when something like that happens.)

The Bengals have a low-tech solution to the problem.  They want to shoot them.  With guns.

According to the Cincinnati Enquirer, Eric Brown, the managing director of Paul Brown Stadium Ltd., has suggested hunting the pigeons as a "cost-effective way to get this problem under control."

Fan noise on game days used to drive the pigeons away, but the birds have adapted.  The bang-bang alternative, per Brown, "would be done discreetly during times when there is little activity in the stadium."

Look, we realize that it's a problem that needs to be solved.  But at a time when the NFL is still reeling from the fallout of the Mike Vick case, which involved fighting dogs to the death and the killing of dogs that were deemed unworthy of fighting to the death, shouldn't the Bengals exhaust every other possible option before suggesting the killing of the birds?


POSTED 7:40 p.m. EDT; LAST UPDATED 7:54 p.m. EDT, September 27, 2007

CONDON MAKES A MOONSHOT FOR ROMO

A league source tells us that agent Tom Condon has requested on behalf of Cowboys quarterback Tony Romo a contract including guaranteed money in excess of $30 million.

Such a deal would give Romo more guaranteed money than Colts quarterback Peyton Manning, who pocketed 30 million when signed a long-term deal several years ago.  Manning was also represented by Condon.

As we hear it, the Cowboys aren't biting.  Though they've concluded that Romo is for real and deserves to be paid accordingly, owner Jerry Jones isn't prepared to fork over that kind of money yet.

Still, Jones could have gotten Romo a lot cheaper before the season started.  As another one league source tells us, Condon and Romo would have accepted package in the vicinity of Matt Schaub money (six years, $48 million with $7 million guaranteed and $20 million over three years) if something had gotten done earlier.  After three very good games, the price tag has shot up.

The current thinking is that the Cowboys will simply use the franchise tag on Romo in 2008.  As Charley Casserly of CBS reported last Sunday, the one-year franchise tender for the quarterback position is expected to be $10.7 million, which actually is a decrease from 2007. 

The Cowboys might have to use the exclusive version of the franchise tag to hold him in place, however.  With good quarterbacks hard to come by in the draft, two first-rounders for a proven commodity who could end up playing in both the Pro Bowl and the Super Bowl could be viewed as a very fair deal.


PFTV IS BACK ON THE AIR

We've scuttled the game previews (since no one was watching them very much) and have gone back to debating and discussing specific issues.

For starters this week, PFTV takes a look at what wrong with the New Orleans Saints. 


WEEK FOUR THURSDAY INJURY REPORT

It's time to take a look at who practiced, who didn't, and who sort of did on Thursday.  (The Wednesday information is included as well.)

Click here for the info.  Coming Friday . . . the Friday injury report. 

Imagine that.


POSTED 2:26 p.m. EDT; LAST UPDATED 2:49 p.m. EDT, September 27, 2007

WILFORK FINED $12,000

Adam Schefter of NFL Network reports that Pats defensive tackle Vince Wilfork has been fined $12,000 for his elbow to the knee of Bills quarterback J.P. Losman during Sunday's game between the two teams at Gillette Stadium.

Video of the play shows that Wilfork was blocked toward Losman, but that Wilfork also threw his elbow toward Losman's knee.

Losman left the game two plays later, and is expected to miss two more weeks.


MAKE YOUR WEEK FOUR PFT PICK CHALLENGE PICKS

Only four of your -- four -- found a way to best me last week.  (The fact that I nailed 13 of 16 games made it a little harder.)

Here's how it works.  Each week, you make your picks.  You don't have to play every week, but playing every week is the best way to max out your total entries in the season-ending drawing for the grand prize of two tickets to the Football Game of Some Significance that will be played in Glendale, Arizona on the first Sunday in February 2008. 

(The tickets have been made available to us at face value by our friends at NFL.com, who also will be supplying to the winner and a guest invitations to NFL.com events in the days leading up to said Football Game of Some Significance.)

Every correct pick that you make is another entry into the grand-prize drawing.  So if you play every week and get an average of eight games correct, that's 136 total tickets in the drawing for the tickets.

Weekly prizes are awarded based on three categories.  First, it's the "Meathead of Fathead?" game, where everyone who gets more total game picks correct than yours truly (it's not hard to do) is eligible for a random drawing.  The winner of the drawing gets a free Fathead product.

Next, the folks with the highest total number of correct picks per week will be entered into a separate drawing, the winner of which will receive a free one-year subscription to Sporting News

Under our "Refer A Friend" program, every reader who (duh) refers a friend who plays in Week Four is entered into a drawing for a free online 2008 fantasy draft guide and season pass package from our friends at Rotoworld.com.

Also, as of Week Two, every contestant who correctly predicts the outcome of the Steelers game (this week, its Steelers at Cardinals) will be entered into an additional drawing, and the winner will get a free copy of the The Bus:  My Life In And Out Of A Helmet.  The books have been made available to us at no charge by Jerome Bettis and by Doubleday Books. 

So click this link, and make your picks for Week Four.

My picks are the Packers, Dolphins, Jets, Falcons, Lions, Ravens, Cowboys, Panthers, Seahawks, Chargers, Steelers, Colts, Eagles, Patriots.


THURSDAY AFTERNOON ONE-PER-CLUB ONE-LINERS by Michael David Smith

There's not much sentimentality in the NFL:  The Bills have cleaned out Kevin Everett's locker and given it to G Brad Butler.

Jets WR Brad Smith is getting more plays on offense, at the expense of WR Justin McCareins, but coach Eric Mangini says that doesn't mean McCareins is in his doghouse for dropping a potential game-tying touchdown pass against the Ravens.

Dolphins LB Zach Thomas (concussion) was held out of contact at practice Wednesday and it's not clear whether the medical staff will clear him to play Sunday.

Patriots RB Laurence Maroney is battling a groin injury.

Says Ravens LB Ray Lewis of former teammate and current Browns RB Jamal Lewis, "Jamal knows who he has to deal with, so if there's a weakness, tell him to come find it.  We'll be waiting for him Sunday."

The Browns are giving up an average of 176 rushing yards a game.

The Bengals have signed CB Blue Adams and waived CB Keiwan Ratliff.

Steelers QB Ben Roethlisberger isn't a fan of his old offensive coordinator, Cardinals coach Ken Whisenhunt, and says of the problems Cardinals QB Matt Leinart is having, "I know what Matt's going through."

When asked if he wants to stick it to his old team, Whisenhunt said, "Every Sunday we play a ... team, we want to stick it to that team."

Everybody loves Texans LB DeMeco Ryans.

Colts LB Rob Morris expects to return from an abdominal injury Sunday against the Broncos.

Jaguars VP of Player Personnel James Harris won't come right out and say it, but it's obvious he has some pretty big disagreements with coach Jack Del Rio.

The Titans' cornerbacks are emphasizing playing the run.

Broncos QB Jay Cutler is practicing on a tender ankle.

Chiefs LB Donnie Edwards doesn't want to reflect on what it will be like to return to Qualcomm Stadium to play against the Chargers.

Raiders QB Josh McCown says of his toe injury, "I'm going to try every day and see if it's tolerable.  Once it gets tolerable, I'm playing.  I want to get back out there."

Chargers RB LaDainian Tomlinson has been held to three yards or fewer on 42 of his 57 carries this season.

Cowboys LB Greg Ellis could make his 2007 debut Sunday.

Giants RB Brandon Jacobs says, "I'm getting very close" to getting back on the field after his Week One knee injury.

Eagles S Brian Dawkins is likely to play Sunday, but CB Lito Sheppard is likely out.

The Redskins have their bye this week; if they were playing, WR Santana Moss would almost surely be out with a groin strain.

The Bears are trying to figure out how to match up with the Lions' four-receiver sets with both starting cornerbacks likely to miss the game.

The Lions have signed LB Donte Curry and released RB Aveion Cason.

With the Packers off to a 3-0 start, hardly anyone has noticed that their first-round draft pick, DT Justin Harrell, is looking like a bust.

Vikings QB Tarvaris Jackson practiced on a limited basis Wednesday.

He won't play Sunday, but Falcons DT Rod Coleman is making progress in his rehab from knee surgery.

It's looking more and more like David Carr will start at quarterback for the Panthers on Sunday.

The Saints' defense still hasn't sacked anyone this year.

Bucs WR Michael Clayton recounts his sideline conversation with coach Jon Gruden after being pulled from Sunday's game: "I told him, 'Don't do that to me.'  Hell no, I don't ever want to come out of a game again." (Then, Mike, maybe you should play better.)

Rams LB Pisa Tinoisamoa expects to return from an ankle injury and play Sunday at Dallas.

Says 49ers coach Mike Nolan of WR Darrell Jackson, "His personality, he acts like a hippie in the late '60s as a laid-back guy."

The Seahawks defense is expecting to see a lot of 49ers RB Frank Gore.


POSTED 2:08 p.m. EDT; UPDATED 3:33 p.m. EDT, September 27, 2007

THEISMANN OUT AT ESPN

ESPN spokesman Mac Nwulu tells us that Joe Theismann is no longer affiliated with the network.

Here's the official statement:  "We have reached a settlement with Joe Theismann to end his association with ESPN.   We thank Joe for his many years of work for us and wish him well."

The move isn't surprising.  After taking Theismann out of the Monday Night Football booth, ESPN refused to fire Theismann, since to do so would have required the network to buy out his contract.  And Theismann wasn't going to quit, since taking whatever piddly assignments that ESPN threw his way -- and getting paid a salary based on being on MNF -- was a lot more financially attractive than getting nothing.  So after several months of each side waiting for the other side to blink, a deal was reached.

Presumably, Theismann will get some of the money that remained to be paid under his contract, but not all of it.

So ends a relationship that extended over more than three decades.  And it came about without a party or a press conference or any other proclamation.  Instead, ESPN replaced Theismann with Seth Wickersham on the expert picks page of ESPN.com, and apparently presumed that no one would notice.

The fact that ESPN had nothing to say about the departure before the departure was detected by visitors to ESPN.com tells us that ESPN isn't particularly happy about how the relationship ended.  The fact that Theismann spent a good bit of his time whining on the record, and on the air, about his removal from MNF probably had something to do with that.

UPDATE:  Nwulu says that, under the deal, Theismann is free to work immediately with any other media company.  (Maybe he'll send us an application.)


POSTED 12:19 p.m. EDT, September 27, 2007

HARRIS SUED BY STRIPPER

Packers cornerback Al Harris was investigated for sexual assault in 2005 in connection with an incident at a strip club in Florida.  He was cleared of any wrongdoing.

But Harris has been sued by the woman, now a "former" stripper, in civil court.

Agent Jack Bechta said that, because Harris was never charged, the civil suit "seems like extortion."  But we disagree; the standard of proof is lower in civil court.  The fact that the authorities didn't think that they could establish that Harris was guilty beyond a reasonable doubt doesn't mean that something bad didn't happen.

The bigger potential problem is that the suit apparently was filed more than two years after the alleged assault.  In most states, the statute of limitations on such claims is only two years.

Per published reports, the action was filed last week in Broward County, Florida.  The club at which the incident allegedly occurred also is named as a defendant.


POSTED 10:55 a.m. EDT, September 27, 2007

SUNSHINE FADES EVEN FURTHER

First, it was his Monday Night Football gig.  Now, Joe Theismann a/k/a Joey Sunshine has suffered yet another professional humiliation.

Theismann is no longer a member of ESPN.com's weekly expert picks panel.

In his place is Seth Wickersham of ESPN The Magazine and ESPN.com.  (Wick's far bigger claim to fame is that he is a participant in the PFT Media Fantasy Challenge.)

Strangely, the expert picks page has been revised to remove any reference to Theismann, instead using Wickersham's picks from prior weeks in place of the picks that Theismann had made.

And thanks to the handful of readers who alerted us to this one, since we don't regularly look at that specific page on the ESPN.com site.  (But, given that yours truly outperformed all of them last week by picking 13 games correctly, maybe we should.)

We're trying to find out how this happened, and whether it means that Theismann finally has quit or been fired.  ESPN spokesman Mac Nwulu told us in a Wednesday e-mail that he'd have some information on Thursday.  So don't go anywhere.  Even if you have to "go".


POSTED 10:31 a.m. EDT, September 27, 2007

WINSLOW'S STATUS UNKNOWN

After finally getting the knee that he fubared via a motorbike Superman routine in May 2005 fully fixed, Browns tight end Kellen Winslow has a new injury that could cause him to miss some playing time.

As it's being generally described in the media, Winslow suffered a partial shoulder dislocation.  Technically, Winslow has a subluxation, which is a fancy doctor word for when the shoulder kind of pops out and then pops back in on its own.

Redskins running back Clinton Portis sustained the same injury in the 2006 preseason opener.  The question is whether and to what extent damage was done in the process of the bone popping out and pushing back in through all of the stuff that's in the joint.  The team should separately be concerned because a subluxation can be the result of a damaged rotator cuff.

The injury came on the team's final drive against Oakland on Sunday, when Winslow fell on the shoulder after making a 23-yard reception.  "When he came down on it, boom, he hit it pretty hard and it moved just a little bit," coach Romeo Crennel said on Wednesday.

Winslow missed practice on Wednesday, and his status for Sunday currently is unknown.  But Winslow said that he plans to play.  "You think he'd miss a game?" receiver Braylon Edwards said.

We believe Winslow.  He played week in and week out a year ago on a knee that needed microfracture surgery.  He sure as hell won't let a dinged-up wing slow him down.


POSTED 10:12 a.m. EDT, September 27, 2007

BIG BLUE COULD BE WITHOUT BURRESS

Giants receiver Plaxico Burress, who has performed like a Pro Bowler through three games this year, could miss the Week Four showdown with the Eagles due to a chronic ankle problem.

The loser of the contest between 1-2 teams will land in the basement of the NFC East.

Burress flew to Charlotte on Wednesday for an examination by an orthopedic specialist.  The team calls the injury a sprain.  Burress played through the condition on Sunday, when he delivered the game-winning catch-and-run against the Redskins.

If Plaxico can't go, quarterback Eli Manning isn't worried.  Or so he says.

"I don’t think it changes much," Manning said.  "We just got to do our offense and just go out there.  Whoever's in there at his spot has to perform well for us."

Bull, we say.  Burress is a genuine game-breaker, and it suddenly becomes a lot harder for the Giants to beat Philly -- or anyone -- if Burress isn't on the field.    


POSTED 9:12 a.m. EDT, September 27, 2007

CARDS HAVE A REAL QUARTERBACK CONTROVERSY

Though Arizona coach Ken Whisenhunt is trying his best to avoid the appearance that he'll periodically bench starting quarterback Matt Leinart when the time comes to break out the no-huddle, multi-receiver attack, the truth is that a real quarterback controversy is brewing in Arizona -- and that Whisenhunt is managing it for now by going to Kurt Warner only when necessary.

So while Leinart is still the starter, he'll be the finisher only if the team has the lead late in the game.  And if Warner can continue to come off of the bench and erase deficits with performances that remind us of his efforts from years gone by, Whisenhunt eventually won't wait until the Cardinals are down by 10 or more points to make the switch.

And that would be a welcome change for many on the team.  As a league source told us on Wednesday, a lot of the players privately want to see Warner in the game.  "There's a strong sentiment that Warner should be the guy," the source said.  "He's not as good as Warner right now.  Warner is more effective at running the offense."

To the extent that the handwriting is on the wall, Leinart hasn't noticed it.  "I'm not worried about what anyone else is saying," Leinart said, according to the Arizona Republic.  "I know that this is my team.  I know I'm the quarterback of this team.  I'm competitive.  I'm not just going to throw in the towel and give in to what everyone is saying.  I'm going to go out there, work harder."

We're not sure that the primary goal of this effort is to get Leinart to take his job more seriously, but it doesn't hurt.  Still, the bigger issue, for now, is that Warner is the better guy, for now, to help the Cardinals win.

Maybe it's because of Warner's experience.  Or maybe it's because Warner is a better fit for Whisenhunt's offense.  If it's the latter, and if Leinart doesn't adapt to the offense or vice-versa, the only possibly long-term solution will be for Leinart or Whisenhunt to find a new job.


POSTED 10:50 p.m. EDT; UPDATED 11:06 p.m. EDT, September 26, 2007

BUSH WIDELY VIEWED AS OVERRATED

Our pal Mike Freeman of CBSSports.com (who is a much better writer than he is a fantasy football owner) nails it regarding the Legend of Reggie Bush in a new column comparing the No. 2 overall pick in the 2006 draft to Tony Mandarich, the overhyped left tackle who didn't do squat in the NFL.

Writes Freeman:  "Defensive coordinators have told me this season that Bush may be seen as a superstar to the general public but he is not someone who keeps them awake at night.  They say he's not as fast as he looks, can be covered by a linebacker one-on-one and gets shy around contact."

The fact that Bush is widely regarded as a superstar is actually causing folks in the league to take a dimmer view of him than they would if he was a third-down back taken on the second day of the draft.

As one league source told us on Wednesday, an "amazing number of people" in the league think Bush is overrated.  And more and more folks are concluding that the Texans knew what they were doing when passing on Bush with the No. 1 selection.  (Not drafting Vince Young, however, is quite another story.)

It's not going to get any better for Bush.  Though many assume that he'll get a chance to become an every-down back (and potentially blossom) now that Deuce McAllister is out for the season, don't be surprised if backup Aaron Stecker ends up inheriting most of the touches that would have gone to McAllister.

And Bush's sinking star could have a negative impact on the draft stock of WVU running back Steve Slaton, who has already drawn comparisons to the 2005 Heisman winner.  The problem, as we see it, is that guys like Bush and Slaton have the speed to run around, and away from, college defenses that, at most, have one or two guys with the skills to even have a chance at stopping them.  But when some 120 major NCAA programs funnel the best of the best into the NFL, most teams have more than enough guys to neutralize the speed and elusiveness that guys like Bush demonstrated before playing with the big boys.


WEDNESDAY INJURY REPORT

You know the drill by now.  Wednesday.  First day for the injury report. 

Here are the goods.  We moved it to a separate page because it was taking up too much space in the Rumor Mill.

We'll post the full report every Wednesday, Thursday, and Friday.


POSTED 8:36 p.m. EDT; UPDATED 8:55 p.m. EDT, September 26, 2007

POSITIVE TEST EXPOSES VICK TO SUBSTANCE-ABUSE POLICY

Even though Falcons quarterback Mike Vick currently is serving an indefinite suspension after pleading guilty to federal conspiracy charges relating to dog fighting, his positive marijuana test generated in connection with the monitoring of his actions while on bond exposes him to sanctions under the league's substance-abuse policy.

NFL spokesman Greg Aiello told us via e-mail on Wednesday that Vick remains subject to the policy, and thus to any consequences that a positive outcome might trigger.

Because a player's status as to the substance-abuse policy is confidential, it's not known whether Vick already is occupying one of the various stages of the program.  It's possible that a four-game suspension will be triggered, or that the positive test is only his first strike.  Or something in between.

The most intriguing aspect of this development is that Vick most likely will be subject to NFL-imposed random testing while he is in jail.

And Vick could be in jail sooner rather than later if he tests positive again.  His codefendant, Quanis Phillips, was sent straight to jail after testing positive several weeks ago.  Phillips was immediately incarcerated because his criminal history exposed him to stricter sanctions.  So Vick is now on deck for similar treatment if he can't stay away from green leafy substances that typically aren't served in a salad.    


PFT PICKS WINNERS ARE UP

Information as to the weekly winners of the PFT Pick Challenge is now available.  Just click on the "contest" link in the upper right corner after logging in.

For Week One, the winner of the drawing from the folks who got the most picks correct was "martysommer."  The "Meathead or Fathead?" winner was "jchoenst."

For Week Two, the most correct picks prize went to "dlosch."  The "Meathead or Fathead?" winner was "ussmgeense."

For Week Three, the pool for the most picks was only four people -- they each got 14 of 16 games right.  Since yours truly got 13 of 16 picks for the week, those same four folks were the only ones eligible for the "Meathead or Fathead?" contest.

The total correct picks winner was "Juice."  (We hope it's just a coincidence.)  And the "Meathead or Fathead?" winner was "vires90."

Also, the winner of the Jerome Bettis book, which goes to the winner of the drawing based on all of the folks who picked the correct outcome of the Steelers game, was "pipes11983."

You can make your picks for Week Four now, but I'll be making mine on Thursday morning.       


POSTED 8:16 p.m. EDT, September 26, 2007

BILLS BACKERS STILL UP IN ARMS OVER LOSMAN HIT

We've gotten a bunch of e-mails since Sunday's Bills-Pats game, during which New England defensive tackle Vince Wilfork knocked Buffalo quarterback J.P. Losman out of the game with a low hit.

Though it appears that Wilfork was blocked into Losman's leg, it also looks like Wilfork deliberately aimed an elbow at Losman's knee.

Really, who breaks their own fall by throwing out an elbow?  Have a look.

 

We like Wilfork but that was a bush-league move, and he should be fined.  If he is, maybe he can dig some gold out of his nose to pay it.


POSTED 7:45 p.m. EDT, September 26, 2007

JACKSON WANTS HIS JOB BACK

Adam Schefter of NFL Network reports that Vikings quarterback Tarvaris Jackson participated in practice on Wednesday and is determined to return to the field after missing Week Three's loss to the Chiefs with a groin injury.

Schefter reports that Jackson could start on Sunday, but that the team is comfortable with the efforts of Kelly Holcomb, who replaced Jackson on Sunday.

After playing the Packers at home on Sunday, the Vikings have a week off before facing the Bears in Chicago.


POSTED 7:39 p.m. EDT, September 26, 2007

FALCONS FLY INTO SECOND PLACE ON TURD WATCH

Lost (by us) in the bizarre non-indictment of Falcons quarterback Mike Vick on animal cruelty charges is the fact that Vick has been indicted on two dog-fighting felonies. 

This re-sets the "days without an arrest" counter, and the ensuing 14 points vaults the Falcons into second place in our patented (not really) Turd Watch standings.

The Falcons get the points for the felony charges because Vick is still a member of the team, even though he is on suspension.


POSTED 5:20 p.m. EDT; UPDATED 5:55 p.m. EDT, September 26, 2007

PFT PLANET SPEAKS, VIRGINIA A.G. SENDS OUT FORM LETTER

Several (actually, more than several) of you have communicated your thoughts to Virginia attorney general Bob McDonnell regarding  the non-indictment of Mike Vick on animal cruelty charges in Virginia, despite an admission that he participated in the killing of at least six dogs in Virginia during April 2007.

And a reader has forwarded to us the response received from Mr. McDonnell's office.  Here it is:

"Thank you for writing the Attorney General regarding the recent, and horrific, news about dog fighting in the Commonwealth.  The Attorney General asked that I respond to you.  From your email I can tell how seriously you take this issue, and you are not alone.  I hope you find this response satisfactory, and I hope it addresses your concerns. 

"The Attorney General is a dog lover.  He has a half terrier/half sheltie named Ginger, she is 8.  His daughter volunteers at the local SPCA.  I can tell you that he has been absolutely sickened by the accounts of violence and barbaric behavior toward dogs that have been in the news recently. 

"Dog fighting is a Class 6 felony in Virginia, punishable by 1-5 years in prison.  In 2003 the Virginia code on the practice was expanded to include paraphernalia.  So, if someone has the paraphernalia that is representative of dog fighting, they can now be prosecuted under the dog fighting statute.  This was a major change from before.   Previously it had to be proven that the person knowingly promoted, engaged in or was employed in the fighting of dogs for amusement sport or gain.  Attorney General McDonnell was in the House of Delegates at the time, representing Virginia Beach, and he voted for this expansion of the code. 

"Our office has not commented on the merits of the federal case.  This is standard law enforcement procedure, and I hope you understand that.  The federal authorities are doing a great job with the case, and we do not want to in anyway disrupt or complicate their efforts. Furthermore, this office does not have the statutory authority to prosecute these crimes.  Such authority exists at the local level, which would be Surry County.  If you disagree with the way that Mr. Poindexter, Commonwealth’s Attorney, is proceeding, you may choose to contact his office directly (ghana77@aol.com) or the local Clerk’s Office.  The Virginia State Bar has oversight of Virginia attorneys and you could also contact that agency to express your concern.  The authority also exists at the federal level, where such prosecution is occurring right now.  However, I will say, attorneys in this office are planning to review the laws in Virginia to see if additional laws or measures may be needed, or could be beneficial, in the effort to end dog fighting in this state. 

"The Attorney General regards dog fighting as inhumane, and barbaric. He joins you in your revulsion at the practice.  

"Regarding the plea agreement, please note that U.S. District Judge Henry Hudson is not bound by that recommendation or by federal sentencing guidelines that will call for less than the five-year maximum.  So, the case is still in his very capable hands. 

"Thank you so much for writing us on this matter."

Clearly, this is the standard e-mail response that McDonnell's office has been cutting and pasting whenever someone sends in an e-mail complaining about the situation, and it hasn't been updated to reflect the events of Tuesday.

And though on the surface McDonnell's response appears to be a copout, the fact that he refers folks to the Virginia State Bar and gives out Poindexter's AOL e-mail is surprising.  Still, unless McDonnell or someone else stands up on this one the message will be that there's no penalty for killing dogs in Surry County -- even if you confess to it.


BULLUCK, WESTBROOK BAG FIRST POW AWARDS

The NFL has announced the winners of the Week Three Players of the Week awards, in both the NFC and the AFC.

In the AFC, Pats quarterback Tom Brady pocketed the offensive prize for the eighth time in his career.  He completed 23 of 29 passes for 311 yards and four touchdowns in a 38-7 win over the Bills. 

Titans linebacker Keith Bulluck was named the AFC defensive player of the week for the first time in his career.  He intercepted three Drew Brees passes on Monday night.  

Ravens rookie receiver Yamon Figurs was named the AFC special teams player of the week after returning a punt 74 yards for a touchdown and returning two kickoffs for 64 yards.

In the NFC, Eagles running back Brian Westbrook was named the offensive player of the week for the first time in his career after generating 221 yards from scrimmage and three touchdowns against the Lions.

Cowboys defensive back Anthony Henry was named the NFC defensive player of the week after picking off two passes, and returning one for a back-breaking score, against the Bears.

Seahawks linebacker Lance Laury won the NFC special teams player of the week award for forcing a fumble during a late-game kick return by the Bengals.


POSTED 3:41 p.m. EDT, September 26, 2007

BEARS PLAYERS EXHALE OVER GROSSMAN BENCHING

Though some members of the team still believe that Rex Grossman is still the best quarterback on the team, a league source tells us that the general sense in the locker room over the benching of Grossman is relief.

Actually, it's more than relief.  The players, as it was described to us, are elated by the move, since it removes a major distraction for them.

It was frustrating, the source said, for the players to listen to the constant criticism of Grossman, which had consumed the local media and was becoming a major issue at the national level.

"They don't think he's a bad player," the source said.  "He has a lot of tools.  [He has] a good arm and a nice release."

But the negatives were far outweighing the positives, and the fact that something has been done is being viewed as a positive development in the locker room.

Meanwhile, we think it's fair to ask the question of whether Grossman is solely responsible for his poor performance, or whether it's a failure of coaching to design schemes and game plans aimed at getting the most out of Grossman's skills, and minimizing his weaknesses.  Quarterbacks coach Wade Wilson took the fall after 2006, but offensive coordinator Ron Turner has to date not caught any of the blame.


POSTED 2:55 p.m. EDT, September 26, 2007

CROUCH FINDS ANOTHER LEAGUE TO QUIT FROM

Heisman trophy winner Eric Crouch is making yet another comeback.

Specifically, Crouch will play for the AAFL, a new league that will begin play in 2008.

Crouch was selected by the Rams in the third round of the 2002 draft, and promptly converted to receiver.  He "retired" from the NFL not long after his career began. 

The former Nebraska Cornhusker resurfaced in Canada, playing quarterback for the Toronto Argonauts.

The AAFL initially will field six teams in Arkansas, Alabama, Florida, Texas, Tennessee, and Michigan.  Unlike the UFL, which plans to launch in 2008 during the conventional football season, the AAFL will play in the spring.


POSTED 1:21 p.m. EDT; UPDATED 1:41 p.m. EDT, September 26, 2007

APPARENTLY, VICK STILL HAS POT MONEY

With his NFL career in shambles and his marketing potential in the O.J. Simpson ballpark, Falcons quarterback Mike Vick apparently has enough cash on hand to afford to tango from time to time with a Mexican girl named Mary Jane.

Per published reports, Vick has tested positive for marijuana.

Vick is subject to testing as one of the terms of his release on bond while awaiting sentencing for federal conspiracy charges, to which he pleaded guilty last month.  His failure to maintain a bladder full of clean urine is somewhat surprising, since he knows that he is subject to testing.

And, like a guy who tests positive at the scouting combine, the fact that Vick tested positive when he knew he was going to be tested means that either Vick is really stupid, or that he has a problem.  (Some would say "both.")

Specifically, a specimen that Vick submitted on September 13 generated a positive result.  As a result of the result (man, I need to get a thesaurus), Judge Henry Hudson has ordered Vick to home confinement from 10:00 p.m. until 6:00 a.m., and has required him to wear a certain piece of jewelry on his ankle that will alert the authorities if Vick should leave his residence.

And he won't be able to carry this piece of jewelry in his water bottle with the secret compartment -- unless he can fit his foot and leg in there, too.

We've yet to research whether the positive test has an impact on the application of the federal sentencing guidelines that Hudson will use to determine the penatly to impose on Vick come December 10.  But regardless of whether the incident factors into the equation that will control the number of months that Mike will spend as a guest of Uncle Sam, Vick's failure to stay away from smoking pot during this critical juncture of his life won't be likely to persuade Judge Hudson to exercise any discretion in Vick's favor.


WEDNESDAY AFTERNOON ONE-PER-CLUB ONE-LINERS by Michael David Smith

Dolphins WR Chris Chambers will plead guilty to speeding and have DWI charges dropped; Chambers was arrested July 14 in Charlotte when he was clocked doing 74 mph in a 45 mph zone.

Patriots WR Randy Moss hasn't been talking to the media, but his agent says Moss loves Tom Brady.

The Bills have signed CB Jerametrius Butler.

It may be time for the Jets to abandon the 3-4 defense.

Ravens WR Derrick Mason says he won't stop complaining:  "I think it's just a receiver's nature, whether it be complaining to the media or complaining behind closed doors, you're always open."

Bengals RB Rudi Johnson might miss Monday's game against the Patriots with a hamstring injury.

Browns coach Romeo Crennel gave this assessment of his defense against the Raiders:  "We weren't very good.  We didn't cover.  We couldn't stop the run."

Two Steelers starters, WR Hines Ward and C Sean Mahan, have sprained knees; Ward is more likely to miss Sunday's game.

Says Texans coach Gary Kubiak of injured RB Ron Dayne, "I think Ronnie is going to be fine."

Colts president Bill Polian says backup DE Josh Thomas "had a phenomenal game" Sunday.

Jaguars LB Mike Peterson says not many people know his real name is Porter Peterson, and that of the few people who do know, "They'll tease me about it every now and then."

The Titans have won eight of Vince Young's last 10 starts; the two losses were to the Patriots and Colts.

The Broncos had LB A.J. Nicholson in for a workout Tuesday; Nicholson was waived by the Bengals during the off-season after a domestic violence arrest.

Chiefs coach Herm Edwards says he's being patient with his offense.

With the Oakland A's season about to end, the Raiders are glad they're about to get grass put over the dirt infield at McAfee Coliseum.

Chargers RB LaDainian Tomlinson was asked whether the Chargers could win without running well and answered, "We haven't been able to run the ball in three games and we're 1-2.  So I think that answers your question."

Cowboys WR Terrell Owens was rushed to Baylor University Medical Center at Dallas with a painkiller overdose one year ago today.  (Had you fooled there for a second, didn't we?)

Giants RB Derrick Ward is on pace to catch more passes this season than Tiki Barber ever did.

Eagles defensive coordinator Jim Johnson says second-year DT Brodrick Bunkley is "miles and miles ahead" of where he was as a rookie.

The Redskins are using the Cover 2 more than they ever have before.

The Bears are worried about their depleted secondary as they prepare to face the Lions.

Lions LT Jeff Backus could miss a start for the first time since seventh grade.

Former Packers G.M. Ron Wolf prefers watching old football films to live games: "I liked sports a lot better in the days before ESPN."  (Possible translation:  "I've been trying to get those bastards to give me a job for five years now, and they won't.")

Vikings coach Brad Childress says LT Bryant McKinnie wasn't entirely to blame for Chiefs DE Jared Allen getting two sacks Sunday. 

Falcons coach Bobby Petrino says his players "have to learn how to win the game." (Isn't that the coach's job?)

Panthers coach John Fox is expected to wait until game time to decide whether QB Jake Delhomme will start.

Saints CB Jason David won't get burned by any opposing receivers for the next four to six weeks.

Buccaneers coach Jon Gruden is high on S Jermaine Phillips.

The no-huddle -- with QB Kurt Warner running it -- will be a part of the Cardinals' offense all season.

The Rams' last three games have represented one of their worst scoring droughts since the franchise moved to St. Louis.

The 49ers have signed kick returner Michael Lewis.

Will Seahawks coach Mike Holmgren play backup QB Seneca Wallace at wide receiver?


POSTED 10:00 a.m. EDT; UPDATED 10:40 a.m. EDT, September 26, 2007

MARTIN PLAYS THE MUNSON CARD

On Wednesday, we called out ESPN.com legal analyst Lester Munson for recklessly floating the notion that the Virginia charges to be pursued against Mike Vick unfairly duplicate the federal crime to which he has pleaded guilty.

Though Munson has since corrected himself, Vick's lawyer, Billy Martin, is echoing Munson's flawed contention that Vick is now being charged for the same crime that he faced in federal court.

On Wednesday, Martin said that he plans to "aggressively protect [Vick's] rights to ensure that he is not held accountable for the same conduct twice."  In a statement, Martin also said, "We are disappointed that these charges were filed in Surry County since it is the same conduct covered by the federal indictment."

But it's not the same conduct.  Vick was charged only with conspiring to violate federal laws against interstate gambling and interstate dog fighting.  He was not charged with Virginia laws against gambling, dog fighting, or animal cruelty, and he was not charged with interstate gambling or interstate dog fighting.

Indeed, the reference in the federal action to the killing of dogs was completely irrelevant to the charges Vick and his cohorts faced.  They were never charged with killing or conspiring to kill dogs.  Unfortunately, however, a grand jury in Surry County, Virginia has opted to ignore the admissions of Vick, Purnell Peace, and Quanis Phillips that they had killed the dogs, refusing to indict them for animal cruelty.  Thus, to the extent that there is any argument to be made that the state charges in any way duplicate the federal charges, and if a judge in Virginia agrees with Martin's argument, Vick could avoid any and all responsibility for the clear, admitted violations of Virginia law that were unrelated to the federal charges to which he pleaded guilty.

The whole thing makes us even more curious as to whether Surry County prosecutor Gerald Poindexter took a dive on the animal cruelty charges.  And we're even more convinced that Virginia attorney general Bob McDonnell should take over the investigation and prosecution.

If you agree with us, let McDonnell hear about it directly.   


OKAY, SO POINDEXTER ISN'T A COMPLETE IDIOT

We (and many others) were confused on Tuesday by the suggestion from Surry County prosecutor Gerald Poindexter that he wasn't present in the grand jury room during the non-indictment of Mike Vick, Quanis Phillips, and Purnell Peace for killing dogs that they have admitted to killing.

As courts reporter Tom Jackman of the Washington Post advises us, however, Virginia law states that the prosecutor may not enter the grand jury room unless the prosecutor is a witness.

Per Section 19.2-201 of the Virginia Code, "Except as otherwise provided in this chapter, no attorney for the Commonwealth shall go before the grand jury except when duly sworn to testify as a witness, but he may advise the foreman of a regular grand jury or any member or members thereof in relation to the discharge of their duties."

Virginia's approach in unusual; in the federal system and in many states, the prosecutor is present to marshal the evidence presented to the grand jury.

Though Poindexter would have been wise to make it clear to the reporters who accosted him on Tuesday that, by law, he can't be in the room at all, we think that Poindexter still had far more control over the outcome than his comments from Tuesday suggest.

For starters, he has every right to prep the witnesses who testified regarding the points that they needed to make, in order to introduce sufficient evidence that a crime was committed.  Also, and as Section 19.2-201 makes abundantly clear, Poindexter had the power "to advise the foreman of a regular grand jury or any member or members thereof in relation to the discharge of their duties."

That's a broad and important power, which typically isn't available to prosecutors who are present with the grand jury when evidence is presented.  Under this clause, Poindexter could have simply told them that these men have admitted to killing dogs, and that they cannot properly discharge their duties without indicting them.


POSTED 9:18 a.m. EDT, September 26, 2007

JONES IN HOT WATER WITH SEC

Former NFL player, broadcaster, agent, and Raiders front-office employee Sean Jones is in hot water with the SEC after allegedly failing to run over records relating to his investment advisory business.

The action against Jones, pursued administratively by the SEC under the Investment Advisors Act of 1940, relates to a defunct company known as Amaroq Asset Management.  The official release regarding the matter can be viewed right here.

Jones allegedly failed, repeatedly, to respond to inquiries from the SEC, and he later claimed that the records the SEC was seeking had been destroyed in a fire or inadvertently sold by a storage company (or eaten by Mike Vick's dogs). 

He faces no criminal sanctions, but could be slapped with civil penalties, which in lay terms means "writing a big-ass check." 

The story was first reported by the San Francisco Chronicle

Over the past few years, Jones has lost his NFLPA license, and has been required to pay nearly $400,000 to former NFL player Cris Dishman for allegedly recommending unsuitable stocks and making unauthorized trades.  Jones currently faces 12 counts of bank fraud, each of which carries a maximum sentence of up to 30 years in prison.

Along the way, Jones was also fired by the Raiders.  According to Raiders lawyer Jeff Birren, the termination had nothing to do with Jones'  legal issues.  Birren said Jones was fired  because "we went 2-and-14 last year."


POSTED 8:53 a.m. EDT, September 26, 2007

NO SUSPENSION FOR HALL

ESPN.com reports that the Atlanta Falcons won't be suspending cornerback DeAngelo Hall in the wake of his Sunday meltdown against the Panthers.

Len Pasquarelli reports that the fine will be less than a game check of $182,941, but more than $100,000.

"If it's a suspension or a fine, especially if it's a suspension, I take it in full stride," Hall recently told the Atlanta Journal-Constitution.  &