Wilson, Brandon and three players being supoenaed

[Mickey]

I would have to think the Owner and General Manager of a football team would have different knowledge of the "off work" activities of their employees than mine would.

 

I agree, Clark is trying to embarass the team and therefore "encouraging" Lynch and the others into testifying. By not cooperating, Lynch and the team have put themselves in this position. They may have valid knowledge of what happened from conversations with Marshawn and the others involved.

 

Clark has every RIGHT to do this whether we consider it slimy or not. He is trying to get results.

Actually, he doesn't have a right to subpoena any one he wants to for no reason at all. A subpoena such as this can be challenged in court should the recipient decide to do so. Its called a motion to quash the subpoena. I think that serving a subpoena on a guy because he was seen having a conversation with a suspect is about as thin as it gets.

[Mickey]

From what I've seen so far, I wouldn't give you $1 for that attorney given how he has steered this. There are plenty of bad attorneys out there and Lynch might be represented by one of them. Lynch is making a huge mistake here. Not the way you handle an accident. Goodell will have a shyt fit over this as it brings more negative attention to the league. The cost of staying quiet goes up every day. Lynch and his friends are embarrassing themselves, the Bills and the league. Great move Marshawn!

Why don't you tell us how you would handle it with all your superior skills and knowledge of the law and this particular case?

[Mickey]

Marshawn's lawyer attempted to plead-down the charges beforehand and was rebuffed. If anyone set themselves down this path, it was the DA. Lynch wasn't going to and still wouldn't do jailtime if he's convicted (which he won't without proof he was driving), so why wouldn't the DA accept the deal? The victim will get her money either way.

Seven stitches, no scar? Yeah, worth about 15k.

[Mickey]

If this was the case, then why didn't he just come in the next day, publicly apologize, pay her off and drive on with the season hoping the NFL wouldn't suspend him.

 

Now it appears we've got an entire team, to include it's 90 year old owner holding to "stop snitching." This is asinine. I can see why Jauron gave the team the day off, they must be totally distracted by now.

 

I'm a lifelong fan and am appalled at the team right now. This is absolutely incredible and could now potentially derail the season. We've got James Hardy involved.

 

I don't want the Bills to become like the Bengals.

Becasue the DA won't committ to a deal, just a fine and no jail time. Once he talks, he has ZERO bargaining power. Am I the only one here who has seen an interrogation scene from Law and Order? The DA has hinted many times that this is no big deal, at least that is what he keeps saying in public, something you are willing to buy into at face value. But when they had a meeting and the atty asked them to committ, they refused. Now, if you were Lynch's atty, I guess you would have just given them everything they need to hang your client with no committment to a lesser plea in place. Right after that you'd be fired and not long after, disbarred.

 

Its easy to play armchair lawyer.

[Mickey]

Seems to me he is saying that ASSUMING Lynch is guilty he is strategically better off refusing to cooperate with authorities. I saw nothing in Esmonde's article that suggests it would be wise for an innocent man to refuse to cooperate with the investigation.

Right, because they never charge or convict innocent people. Never happens.

 

People assume that in most cases, guilt or innocence can be definitely proved. Not so. The only question is whether you have enough evidence to get it in front of a jury and if you do, then its up to them and with a jury, anything can happen or do I have to remind you of the OJ trial?

 

Guilty guys sometimes get off and innocent people some time get slammed. Sometimes a guy is guilty of a minor crime but the DA gets a conviction on a much more serious charge. Criminal law is not an exact science and that is why the good defense atty's get the big bucks.

 

It can often be very, very wise for an innocent man to shut his mouth.

[keepthefaith]

Why don't you tell us how you would handle it with all your superior skills and knowledge of the law and this particular case?

 

Simple, If I were Marshawn, I wouldn't hide behind the law. You'd have to be a fool to think that the police won't eventually get to the bottom of this. He (and any other's involved) are turning an accident into a crime. His greatest risk in this is how the NFL may punish him, and he's only motivating the victim, the court system and the NFL to treat him as an adversary. Loose the lawyer and try some common sense and honesty.

[WellDressed]

I have to admit, at the end of last week I was figuring on some sort of decision with the Lynch case. Now that friday has ended and I have thought about it this weekend, I think it is time for SOMEONE from the Lynch defense team, council or player, to get something in motion. The sunday article in the buffalo news was my personal tipping point. I am starting to get a little nervous about the games started number in Lynch's 09 stat column.

[Justice]

The sooner this stuff ends the better.

[Mickey]

Simple, If I were Marshawn, I wouldn't hide behind the law. You'd have to be a fool to think that the police won't eventually get to the bottom of this. He (and any other's involved) are turning an accident into a crime. His greatest risk in this is how the NFL may punish him, and he's only motivating the victim, the court system and the NFL to treat him as an adversary. Loose the lawyer and try some common sense and honesty.

Because if he just fesses up, the police will be nicey nice to him right? They have his best interests at heart, more so than his attorney? The victim's motivation is irrelevant as to the criminal case. His greatest risk is jail time, not a 2 game suspension.

 

I am sure that if he was the driver, if the DA would commit to a deal where there was no misd., just a violation and a fine, Lynch and his atty would jump at it. The DA has refused to do that. Now why would he do that??? Maybe because he wants to hit Lynch with far more than just a violation, maybe the DA wants to turn an accident into a crime.

 

Just about everyone after Lynch to talk is doing so on the assumption that the DA would let him off lightly, an assumption not backed up by the facts which are that when Lynch's atty asked the to commit to a violation, the DA said No way.

[DC Tom]

Because if he just fesses up, the police will be nicey nice to him right? They have his best interests at heart, more so than his attorney? The victim's motivation is irrelevant as to the criminal case. His greatest risk is jail time, not a 2 game suspension.

 

I am sure that if he was the driver, if the DA would commit to a deal where there was no misd., just a violation and a fine, Lynch and his atty would jump at it. The DA has refused to do that. Now why would he do that??? Maybe because he wants to hit Lynch with far more than just a violation, maybe the DA wants to turn an accident into a crime.

 

Just about everyone after Lynch to talk is doing so on the assumption that the DA would let him off lightly, an assumption not backed up by the facts which are that when Lynch's atty asked the to commit to a violation, the DA said No way.

 

Actually, the DA has already publicly stated that the only reason he's gone to these lengths, and the reason he's prioritized this above "thousands" of "more serious violations" (his words, not mine) is because of the publicity.

 

He's also stated that he doesn't think the punishment under the law for this offense is sufficient for Lynch. He's seriously angling for a a punishment more serious than for any other class A misdemeanor hit-and-run, for no reason other than...the car's owner is a public figure? Real responsible prosecuting there...

[keepthefaith]

Because if he just fesses up, the police will be nicey nice to him right? They have his best interests at heart, more so than his attorney? The victim's motivation is irrelevant as to the criminal case. His greatest risk is jail time, not a 2 game suspension.

 

I am sure that if he was the driver, if the DA would commit to a deal where there was no misd., just a violation and a fine, Lynch and his atty would jump at it. The DA has refused to do that. Now why would he do that??? Maybe because he wants to hit Lynch with far more than just a violation, maybe the DA wants to turn an accident into a crime.

 

Just about everyone after Lynch to talk is doing so on the assumption that the DA would let him off lightly, an assumption not backed up by the facts which are that when Lynch's atty asked the to commit to a violation, the DA said No way.

 

Lynch (or the driver) faced two forks in the road and made the wrong turn both times. First leaving the scene and second, lawyering up before he had to. He's turned an accident into a difficult situation by not letting the insurance companies handle the injury claim and dealing with the misdemeanor head on. First time offenders don't go to jail on misdemeanors. Now he's simply motivating the victim and the DA to take him to the cleaners while he ruins his own public perception. As the saying goes, "know when to hold them and know when to fold them". Marshawn (and/or the driver) keeps throwing more chips into the pot holding a very weak hand.

[keepthefaith]

Actually, the DA has already publicly stated that the only reason he's gone to these lengths, and the reason he's prioritized this above "thousands" of "more serious violations" (his words, not mine) is because of the publicity.

 

He's also stated that he doesn't think the punishment under the law for this offense is sufficient for Lynch. He's seriously angling for a a punishment more serious than for any other class A misdemeanor hit-and-run, for no reason other than...the car's owner is a public figure? Real responsible prosecuting there...

 

I'd suggest that the DA is not wanting to be humiliated publically and will go to whatever lengths are necessary to prevail in this competition with Lynch and his fine attorney. Lynch has chosen to play harball which is causing the DA to do the same. My money's on the DA at this point. Too bad Marshawn made this a competition. Bad move.

[Mickey]

I'd suggest that the DA is not wanting to be humiliated publically and will go to whatever lengths are necessary to prevail in this competition with Lynch and his fine attorney. Lynch has chosen to play harball which is causing the DA to do the same. My money's on the DA at this point. Too bad Marshawn made this a competition. Bad move.

His atty met with them on the monday right after the accident and the DA would not committ to a plea on a violation despite hinting in public that if Lynch cooperated, thats all it would amount to.

 

Lynch didn't make this a competition. Instead, he sent his lawyer to cut the deal the DA and the police had been hinting at all weekend that they were willing to cut him. When it came time to put up or shut up, they balked.

 

Please explain what you mean by "lawyering up before he had to"??? What proof do you have that if he hadn't called his lawyer and had him come to town to meet with the police that monday, the DA would have cut him the deal they in fact refused to cut him? Since you are willing to bet this young man's future on your certainty that if he only threw himself on the mercy of the DA that all would have been well, you must have some proof besides your own "intution".

 

I don't mind discussing this with your but you keep basing your opinion entirely on the assumption that if he had not done what he did, ie, send his laywer to cut a deal that monday, all would have been well. I just want to know what that assumption is based on, if anything.

[Mickey]

Lynch (or the driver) faced two forks in the road and made the wrong turn both times. First leaving the scene and second, lawyering up before he had to. He's turned an accident into a difficult situation by not letting the insurance companies handle the injury claim and dealing with the misdemeanor head on. First time offenders don't go to jail on misdemeanors. Now he's simply motivating the victim and the DA to take him to the cleaners while he ruins his own public perception. As the saying goes, "know when to hold them and know when to fold them". Marshawn (and/or the driver) keeps throwing more chips into the pot holding a very weak hand.

Really, you don't think the victim would have hired a PI atty to start a suit if Lynch had fessed up? Let me guess, you clapped your hands raw during the "do you believe in fairies" part of Peter Pan, right?

 

What would an "unmotivated" DA do as opposed to a "motivated" one in this case? Would he have let Lynch off? Not investigated the case? If so , why did the DA hint all weekend that he would cut a nice deal with Lynch's atty when they meet on monday and then when the atty asked for the deal, turned him down flat?

[keepthefaith]

Really, you don't think the victim would have hired a PI atty to start a suit if Lynch had fessed up? Let me guess, you clapped your hands raw during the "do you believe in fairies" part of Peter Pan, right?

 

What would an "unmotivated" DA do as opposed to a "motivated" one in this case? Would he have let Lynch off? Not investigated the case? If so , why did the DA hint all weekend that he would cut a nice deal with Lynch's atty when they meet on monday and then when the atty asked for the deal, turned him down flat?

 

My point (which you keep missing) is simply this. Had Lynch handled this with some class and integrity, he would at least given himself a chance that the league, the victim, the DA and the court of public opinion would go easier on him. IMO, he's guaranteed himself the highest possible price that could be paid for this will be paid. This was an accident. Let the insurance companies solve the victim's issues, pay the fine for leaving the scene, aplogize publically and show the commissioner that you are remorseful for what happened. Handle this with some decency rather than like that of a criminal. Too late for a lot of this now.

 

The answer to your question above is simple, the DA isn't going to offer a "deal" before he knows who to charge for what.

[stuckincincy]

Really, you don't think the victim would have hired a PI atty to start a suit if Lynch had fessed up? Let me guess, you clapped your hands raw during the "do you believe in fairies" part of Peter Pan, right?

 

What would an "unmotivated" DA do as opposed to a "motivated" one in this case? Would he have let Lynch off? Not investigated the case? If so , why did the DA hint all weekend that he would cut a nice deal with Lynch's atty when they meet on monday and then when the atty asked for the deal, turned him down flat?

 

I'd say that qualifies as "mean-spirited", Mickey. Poster keepthefaith was just engaging in the conversation...

 

BTW, why did you change your stage name here?

[ganesh]

Agreed 100%.

 

This laundry list is all just intimation and intimidation on the DA's part. Subpoena the big bosses, and it puts some serious pressure on ML to talk first to avoid involving the employer who's giving him millions of dollars. The DA's primary job is to get cases resolved, and in this case he's using the NFL's prestige/visibility as leverage to get ML to want to come forward.

 

It might be lowdown or below the belt, whatever you may, but in dealing with someone who has shown no morality, it's tit for tat. Subpoena power is in his toolbox, and since they've tried most of the other tools with no result, now they're pulling it out.

 

The Constitution was written in a time when men feared for their mortal soul if they committed a crime/sin. The protections written into it were meant to prevent the state from scurrying up false charges and putting the burden of proof on the defendant to show they were innocent. But it assumed some sense of decency, morality and acceptance of responsibility that has now been totally lost since the NYTimes said God is dead.

 

The DA is probably using the NFL only because Lynch used his NFL techniques to be quiet. If this was a hit-and-run by a normal person, this problem would have been resolved a day after the incident with the driver probably being fined for what he did. I wish Lynch had understood the situation better and done just that and this problem would have gone away with a Misdemeanor charge.

 

Of course, it is curious also why the DA wouldn't give that concession to Lynch's lawyer that he would not file any criminal charges based on the evidence he had.

[keepthefaith]

I'd say that qualifies as "mean-spirited", Mickey. Poster keepthefaith was just engaging in the conversation...

 

BTW, why did you change your stage name here?

 

Thanks for taking my back on this one, although he'll have to try a lot harder to piece my thick skin.

[Guest dog14787]

Becasue the DA won't committ to a deal, just a fine and no jail time. Once he talks, he has ZERO bargaining power. Am I the only one here who has seen an interrogation scene from Law and Order? The DA has hinted many times that this is no big deal, at least that is what he keeps saying in public, something you are willing to buy into at face value. But when they had a meeting and the atty asked them to committ, they refused. Now, if you were Lynch's atty, I guess you would have just given them everything they need to hang your client with no committment to a lesser plea in place. Right after that you'd be fired and not long after, disbarred.

 

Its easy to play armchair lawyer.

 

 

It is easy when you consider how much damage this has done to Marshawn Lynch's reputation not to mention the huge distraction this has caused for the whole Buffalo Bills organization.

 

Marshawn Lynch's lawyer needs to be canned in my opinion because this should not have been dragged out. I'm also losing more and more respect for what used to be one of my favorite players with every day that passes

 

Added: without knowing all the facts though you are right, its unfair for any of us including myself to pass any kind of judgement on anyone at this point.

Where as the hit and run itself does not set well with me, what if this lady was negligent in some way? Maybe she was drunk and staggered into the path of the oncomming van, maybe she tried to punch the side of his van, maybe she is looking for an accident to collect $$$$, maybe Marshawn didn't realize he even hit anyone.

 

I hope I will feel a little differently then I do now when all the facts come out. Marshawn Lynch seems to be a genuine, big hearted fella and I hope he has a good reason for the way this was all handled for everyones sake.

[Endzone Animal]

Funny how many people want this to be all about lawyers and strategy. I guess the fascination our society has for TV shows about lawyers has had quite an effect on our collective psychy. I happen to have sympathy for a victim of a hit and run, hope that whoever was the one who did it is punished heavily, and could care less how this impacts the Bills or the guilty party. I applaud the effort of the police and DA who are doing everything possible to get to the truth, and want to see justice served.