RockyMountainSaint

Vilma complaint outlines all alleged flaws in bounty case | ProFootballTalk
Saints linebacker Jonathan Vilma may have passed on the opportunity to prove his case for innocence in front of Commissioner Roger Goodell, but Vilma has unloaded in a 27-page, 180-paragraph civil complaint.

In Vilma’s new lawsuit against the NFL, a copy of which PFT has obtained, lawyer Peter Ginsberg details every alleged flaw in the case against Vilma, and to a certain extent the other players suspended for involvement in the Saints bounty program.

Heavy on factual contentions and light on legal theories, the lawsuit requests only two things: (1) an order of “specific performance” requiring Goodell to rule on the bounty appeals; and (2) a temporary restraining order and preliminary injunction preventing the league from implementing the suspension against Vilma if the suspension is upheld.

Along the way, Ginsberg makes the following claims on behalf of Vilma:

1. Vilma was willing to meet with Goodell before the one-year suspension was imposed, but Vilma wanted to review in advance the materials gathered by the league “‘which the NFL contend[ed] provided a basis to investigate Vilma.’” In exchange, “Vilma offered to provide the NFL with complete ‘detail[] [of] Vilma’s knowledge regarding [the Bounty Program] allegations.” The league declined to do so, so Vilma declined to meet with Goodell.

2. Goodell issued a “gag order” on former Saints defensive coordinator Gregg Williams, preventing him from speaking to about about the investigation.

3. Goodell made “personal conclusions and described possible discipline” of players in a March 21 press release, even though he had not disciplined any players and planned to eventually serve as the supposedly impartial arbitrator.

Ginsberg also outlines the alleged flaws in the investigation, focusing on the follwing:

1. The refusal to make certain witnesses available at the June 18 appeal hearing;

2. The failure to deliver the exhibits to be introduced at the June 18 appeal hearing within three days (i.e., 72 hours) of the start of the hearing;

3. The production of only 16 exhibits consisting of 182 pages from a file that supposedly includes 18,000 total documents and 50,000 total pages;

4. The failure to produce any notes taken during witness interviews;

5. The failure to produce original documents;

6. The refusal to produce any potentially exculpatory evidence;

7. The reliance on documents generated after the discipline were imposed;

8. The alleged mischaracterization of the Anthony Hargrove declaration;

9. The alleged mischaracterization of the Anthony Hargrove video from the 2009 NFC title game;

10. The alleged mischaracterization of the September 2011 Mike Ornstein email message regarding an alleged $5,000 bounty on Packers quarterback Aaron Rodgers;

11. The failure to include the September 2011 Mike Ornstein email message in the evidence to be introduced at the appeal hearing;

12. The alleged mischaracterization of the 2009 email message from Ornstein to Williams, which Vilma claims reflects a commitment by Ornstein to contribute money to Williams’ charitable organization (Ornstein allegedly explained this to Goodell, urging him to confirm it via the charity’s financial documents);

13. Ornstein’s contradiction of the claim that he corroborated the allegation that Vilma placed a $10,000 bounty on Brett Favre prior to the 2009 NFC title game;

14. The failure to make Ornstein available to testify at the June 18 appeal hearing or to produce notes of his interview(s);

15. The strong denial by Saints interim coach Joe Vitt that Vilma placed a bounty on Favre or anyone else;

16. The failure of the league to disclose that Williams never acknowledged to the NFL the existence of a bounty program;

17. The alleged problems with the ledger information apparently leaked to Jason Cole of Yahoo! Sports on June 1, 2012, and the failure of the league to introduce the ledger as evidence at the June 18 appeal hearing;

18. The reliance upon the statements of Mike Cerullo, a disgruntled former Saints employee;

19. The problems with the typewritten version of handwritten notes regarding the bounty on Vikings quarterback Brett Favre, which Vilma contends were created “well after” the 2009 NFC title game;

20. The failure to issue a ruling on the appeal by Monday June 25, 2012, one full week after appeal hearings at which Vilma offered no substantive defense.

It’s unknown whether Vilma will get a chance to prove all of these allegations, and whether his ability to do so will result in his suspension being overturned. It’s clear, however, that “Phase Two” has begun — and that it could last a lot longer than Phase One.

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CharityMike

Man...if this makes it to court...

Rugby Saint II

That is one long list.......

TXGSP

Wonder why the difference in time frame for the decision on the coaches appeal decision and the players was not included.

It shows the League can make a decision and report in a specific time frame based on the "evidence" they had in hand.

They made the decision(s) with the coaches with less "evidence" than what they have for the players.

saintfan

I love me some Jon Vilma!

TheOak

Its all Fluff....

Ginsberg is trying to get public opinion on his side.. and rightfully so however the CBA govers nearly all of that and some of those points are just wrong.

70% of all that falls under "The League only had to produce what it intended to use in the hearing". full stop

Beastmode

As much as I hate to say it it's going to end up like almost every other case the NFL is involved in either directly or indirectly like part of Vilma's suit; they win. They may lose a few battles but they will in fact get their way. Where they have gotten in trouble in the past is when they violate state or federal laws but usually those issues are tertiary. They may pay a fine or Vilma may win a small settlement but big picture they prevail. It's unfortunate but this is what happens when the average career is two years. Nobody gives a damn. They just want the paycheck.

TheOak

If I may add... This is what happens when the wrong idiot oversees the binding document that is the CBA.

Smith only cared about $.... The players only cared about $$ they were all happy then the CBA covered what they wanted in $$


Its like buying a car based on what note you told the salesman that you wanted... next thing you know your payments stretch 9 years and the first 4 are front loaded with interest... then you figure out you paid $4500 for a clear coat and scotch guard.... No one bothered to pay any attention to any paragraphs that did not cover compensation...

vpheughan

So in the world of the NFL you can suspend a coach for as long as you want and then "gag" them?

TheOak

First off I think counsel is taking liberties with the facts, as I have not read anywhere that Williams has a gag order...

Secondly, Williams is not just suspended, he is suspended indefinitely... That's "fired" for us average Joes.

For that reason Goodell doesn't ever have to issue a formal gag order. All he has to do is look at Greg and say "we surely would appreciate it if you didn't talk about anything, your cooperation will weigh heavily if we ever think about reinstating you... "