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.
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.
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.
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
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 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.
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).
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."
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."
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.)
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.
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.
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."
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."
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.
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."
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.)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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."
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.
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.
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.
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."
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."