Helicopter in Kobe Bryant Crash Wasn’t Legal to Fly in Poor Visibility
No comments
By DAVE PHILIPPS and SARAH MERVOSH from NYT U.S. https://ift.tt/3aR9E1H
They Wanted a Multigenerational Home in Brooklyn. Which Apartment Did They Choose?
No comments
By JOYCE COHEN from NYT Real Estate https://ift.tt/37OC6iV
As Coronavirus Spreads, So Does Anti-Chinese Sentiment
No comments
By MOTOKO RICH from NYT World https://ift.tt/36Jg27D
Bernie Sanders, and How Indian Food Can Predict Vote Choice
No comments
By LYNN VAVRECK from NYT The Upshot https://ift.tt/3aQHzY9
To Understand the Wuhan Coronavirus, Look to the Epidemic Triangle
No comments
By DAN WERB from NYT Opinion https://ift.tt/2t9nY4u
Trump Administration Moves to Relax Rules Against Killing Birds
No comments
By LISA FRIEDMAN from NYT Climate https://ift.tt/2uH0OTF
Mask Hoarders May Raise Risk of a Coronavirus Outbreak in the U.S.
No comments
By DONALD G. McNEIL Jr. from NYT Health https://ift.tt/38QAxky
New on SI: What the Latest Allegations Mean for the Saints in the Clergy Child Sexual Abuse Case
No commentsThe Saints allegedly helped the Archdiocese identify which clergy members ought to be named on a so-called “Pedophile List.”
The controversy surrounding the New Orleans Saints advising the Archdiocese of New Orleans in the matter of accused child predator George Brignac escalated this week when attorneys representing an alleged victim claimed the team helped the Archdiocese identify which clergy members ought to be named on a so-called “Pedophile List.” This list reportedly identifies at least 63 clergy members in the New Orleans area who are suspected (not proven) of preying on children during the 20th century.
The Archdiocese faces a high-profile negligence and fraud lawsuit in the Civil District Court for the Parish of Orleans. The lawsuit is brought by John Doe, the pseudonym of a man who asserts that Brignac assaulted him years ago when Doe was a child. The Archdiocese employed Brignac, now 85, as a deacon and teacher for more than a decade. Brignac was moved around schools despite multiple accusations that he fondled the genitalia of young boys. Last year Brignac was charged with aggravated rape of a boy under the age of 12 during the 1970s.
The Saints aren’t a party to the lawsuit and aren’t accused of any involvement in the management of clergy. The team is nonetheless implicated in the litigation because its officials advised the Archdiocese on media fallout. Team officials could become witnesses should the case go to trial.
As detailed by The MMQB, attorneys representing Doe
insist that Saints owner Gayle Benson and senior members of her franchise informally, but repeatedly, counseled New Orleans Archbishop Gregory Aymond and other Archdiocese members. Last year the Saints received a subpoena for emails, letters, direct messages, text messages and other correspondences between ownership, management and the Archdiocese. Court filings indicate that the Saints identified 305 relevant documents, of which the team marked 276 as confidential and thus not subject to disclosure.Doe’s attorneys demand complete access to Saints-Archdiocese emails and texts on account of their relevance to Doe’s legal claims. While communications between clients, attorneys and paid consultants are often shielded from pretrial discovery (the process by which parties in a lawsuit are compelled to share evidence), courts are less likely to deem as “privileged” communications between a party and an informal third-party advisor.
On Wednesday, Doe’s attorneys—Soren Gisleson, Richard Trahant, John Denenea, Benjamin Sanders and Matthew Fransen—filed a memorandum in support of a motion by the Associated Press to be heard. The MMQB has obtained the memorandum, which argues that the Associated Press should be able to appear before the court “and present arguments as to whether there should be continued secrecy of documents that establish the collaboration between the Archdiocese and the Saints over certain aspects of the handling of clergy child sexual abuse claims.”
The Associated Press maintains that journalists and the public possess a legitimate interest in reviewing communications between the Saints and the Archdiocese. Those communications concern matters of public interest and public safety. Both the Saints and the Archdiocese oppose the motion.
In their memorandum, Doe’s attorneys assert that the Saints’ involvement in advising Archdiocese was more extensive and pervasive than initially indicated. The attorneys maintain that what began as a “public relations campaign” would later “evolve into something much more.” To that point, Doe’s attorneys contend that the Saints played a transformative role in compiling the Pedophile List. This means, the attorneys maintain, that the Saints:
• Knew of the specific allegations of sexual abuse against a priest.
• Had supporting documentation of the alleged abuse.
• Made a judgment call about whether those allegations by a particular victim against a named priest were, in its opinion, legitimate enough to warrant being mentioned on the Pedophile List.
If Doe’s attorneys are accurate, the Saints’ involvement extended far beyond furnishing public relations advice and dispensing media strategies. This new depiction portrays the Saints as intricately enmeshed in substantive choices related to the identification of clergy suspected of committing sexual abuse.
The attorneys also charge that the Saints have failed to fully comply with the subpoena because, among other things, “not a single text message was produced.” The attorneys likewise maintain that the Saints have misled the public—and perhaps the NFL—as to its role and behavior during the controversy. The Saints issued a statement last week insisting that the Archdiocese had reached out to various community leaders, including the Saints. This narration of past events claimed the Archdiocese solicited advice on how to best handle “the pending media attention that would come with the release of clergy names in November of 2018.” The Saints further stressed that the team advised the Archdiocese to be transparent and open.
According to Doe’s attorneys, the Saints’ statement contains several falsehoods. First, Doe’s attorneys maintain it was the Saints that initiated discussions with the Archdiocese, not the other way around. Second, Doe’s attorneys charge the Saints’ role went far beyond supplying advice to one that involved “actual involvement in the creation of the Pedophile List.” Third, the Saints are accused of “pressuring local news outlets to either run favorable stories about the Archbishop or feed radio programs a stream of Archdiocese favorable remarks.”
Doe’s accusations against the Saints are disturbing, but not yet proven. Attorneys for Benson and team officials will have opportunities to rebut the assertions and introduce favorable evidence. With that in mind, the NFL seems poised to take a wait-and-see approach. According to Daniel Kaplan of The Athletic, the league does not intend launch an investigation unless Saints emails (or texts) raise troubling information.
The “unless” is important, particularly in a litigation where the Saints aren’t in control of either the process or the parties. While the team’s interests generally appear aligned with those of the Archdiocese, attorneys for the Archdiocese are entrusted with defending the Archdiocese and its fiduciary interests—not preventing possible fallout for the Saints with the NFL.
With that in mind, the Saints would probably prefer that the Archdiocese reach a financial settlement with Doe (and with other purported victims) whereby Doe’s claims would be dropped and pretrial discovery would end. A settlement wouldn’t be unprecedented: the Archdiocese deployed that option with Brignac victims before. The longer the litigation goes, the greater the risk for the Saints that (1) sensitive emails and texts find their way into the hands of media and (2) Saints officials are forced to answer difficult questions while under oath about their relationship with the Archdiocese.
The NFL and commissioner Roger Goodell enjoy considerable discretion in deciding whether and when to a punish a team. Under both the personal conduct policy and Article VII of the league constitution, any conduct that undermines the league’s brand and image can trigger a range of punishments, including suspensions and fines of up to $500,000. The league can also elect to impose a punishment at a time of its choosing. In other words, just because the NFL reportedly isn’t investigating the Saints doesn’t mean that is a permanent state of affairs. A lot can change during a litigation.
Michael McCann is SI’s Legal Analyst. He is also an attorney and the Director of the Sports and Entertainment Law Institute at the University of New Hampshire Franklin Pierce School of Law.
W.H.O. Declares Global Emergency as Wuhan Coronavirus Spreads
No comments
By SUI-LEE WEE, DONALD G. McNEIL Jr. and JAVIER C. HERNÁNDEZ from NYT Health https://ift.tt/2U9uuTX
‘There Aren’t Enough Words to Describe Our Pain,’ Kobe Bryant’s Wife Says
No commentsThursday, 30 January 2020
By SARAH MERVOSH, NICHOLAS BOGEL-BURROUGHS and SOPAN DEB from NYT Sports https://ift.tt/315qHbW
Trump’s Middle East Peace Plan Exposes the Ugly Truth
No comments
By NATHAN THRALL from NYT Opinion https://ift.tt/2uD6xtv
As Coronavirus Explodes in China, Countries Struggle to Control Its Spread
No comments
By DENISE GRADY from NYT Health https://ift.tt/2RZZe7b
Temperatures at a Florida-Size Glacier in Antarctica Alarm Scientists
No comments
By SHOLA LAWAL from NYT Climate https://ift.tt/36HqJbb
Warren Buffett Will Sell His Newspaper Empire
No comments
By MICHAEL J. de la MERCED from NYT Business https://ift.tt/2S1Evjd
Trump Just Signed the U.S.M.C.A. Here’s What’s in the New NAFTA.
No comments
By ANA SWANSON and JIM TANKERSLEY from NYT Business https://ift.tt/2U6Vbc4
Mother of ‘Success Kid’ Demands Steve King Stop Using His Meme
No comments
By ALAN YUHAS from NYT U.S. https://ift.tt/37CHfKD
How to Avoid the Coronavirus? Wash Your Hands
No comments
By ELISABETH ROSENTHAL from NYT Opinion https://ift.tt/318i7sL
A Classic Midwestern Dish Becomes a Talking Point in Iowa
No comments
By KIM SEVERSON from NYT Food https://ift.tt/2tWVueH
Washington Post Says Reporter’s Kobe Bryant Tweets Did Not Break Rules
No comments
By RACHEL ABRAMS and MARC TRACY from NYT Business https://ift.tt/37ClYk7
Eminem Earns His 10th Straight No. 1 Album
No comments
By JOE COSCARELLI from NYT Arts https://ift.tt/3105mAE
Trump Releases Mideast Peace Plan That Strongly Favors Israel
No comments
By MICHAEL CROWLEY and DAVID M. HALBFINGER from NYT World https://ift.tt/2U53pBe
How People of Color Inside the Buttigieg Campaign Sought to Be Heard
No comments
By REID J. EPSTEIN from NYT U.S. https://ift.tt/3aPWsKv
U.S. Accuses Harvard Scientist of Concealing Chinese Funding
No comments
By ELLEN BARRY from NYT U.S. https://ift.tt/2tWUkjl
Pompeo Called Me a ‘Liar.’ That’s Not What Bothers Me.
No comments
By MARY LOUISE KELLY from NYT Opinion https://ift.tt/36Byu2f
The Method in John Bolton’s Madness
No comments
By JONATHAN STEVENSON from NYT Opinion https://ift.tt/3aRsfdN
Trump’s N.J. Rally: Frigid Wait Is Worth It for President’s Fans
No comments
By TRACEY TULLY from NYT New York https://ift.tt/2RvskMC
Bolton Revelations Anger Republicans, Fueling Push for Impeachment Witnesses
No comments
By MICHAEL D. SHEAR and NICHOLAS FANDOS from NYT U.S. https://ift.tt/2RTR8Nh
New top story on Hacker News: Ask HN: How do you process payments?
No comments19 by c0restraint | 9 comments on shero.
This is how YOU have chosen to do it. Let us know if it is physical or virtual. I found an old post from 2009 about this, wondering what the answers will be a decade later : https://ift.tt/2vnLEmm
Bolton Was Concerned That Trump Did Favors for Autocratic Leaders, Book Says
No comments
By MICHAEL S. SCHMIDT and MAGGIE HABERMAN from NYT U.S. https://ift.tt/2U0TFrK
Bernie Sanders and His Internet Army
No comments
By MATT FLEGENHEIMER, REBECCA R. RUIZ and NELLIE BOWLES from NYT U.S. https://ift.tt/2RTZwfM
As Virus Spreads, Anger Floods Chinese Social Media
No comments
By RAYMOND ZHONG from NYT Technology https://ift.tt/2TZwy0F
Prince Andrew Offers ‘Zero Cooperation’ in Epstein Case, Prosecutor Says
No comments
By NICOLE HONG from NYT New York https://ift.tt/30WVMOM
Jason Polan, Fast-Drawing Artist of the Offbeat, Dies at 37
No comments
By NEIL GENZLINGER from NYT Arts https://ift.tt/2RtWvnq
A Notorious Sandy Hook Tormentor Is Arrested in Florida
No comments
By ELIZABETH WILLIAMSON from NYT U.S. https://ift.tt/37vEURz
Washington Post Suspends a Reporter After Her Tweets on Kobe Bryant
No comments
By RACHEL ABRAMS from NYT Business https://ift.tt/3aMQ4n0
How Under Armour Lost Its Edge
No comments
By JULIE CRESWELL and KEVIN DRAPER from NYT Business https://ift.tt/2GBxh0p
As Coronavirus Fears Intensify, Effectiveness of Quarantines Is Questioned
No commentsMonday, 27 January 2020
By CHRIS BUCKLEY, RAYMOND ZHONG, DENISE GRADY and RONI CARYN RABIN from NYT World https://ift.tt/2uvEigq
Schiff, Calling Trump ‘Wrathful and Vindictive,’ Sees Tweet as a Threat
No comments
By SHERYL GAY STOLBERG from NYT U.S. https://ift.tt/36obzY0
5 Takeaways on Trump and Ukraine From John Bolton’s Book
No comments
By NOAH WEILAND from NYT U.S. https://ift.tt/2tISIK8
The Best Photos From the 2020 Grammys Red Carpet
No comments
By VANESSA FRIEDMAN, JESSICA TESTA and JONAH ENGEL BROMWICH from NYT Style https://ift.tt/2RQXsFp
Pompeo Denounces News Media, Undermining U.S. Message on Press Freedom
No comments
By EDWARD WONG from NYT U.S. https://ift.tt/37tmtx2
How Does a Nation Adapt to Its Own Murder?
No comments
By RICHARD FLANAGAN from NYT Opinion https://ift.tt/2GpuHKM
Grammys 2020 Live Updates: Tyler, the Creator Wins Best Rap Album
No comments
By BEN SISARIO from NYT Arts https://ift.tt/2tILUw3
Trump Tied Ukraine Aid to Inquiries He Sought, Bolton Book Says
No comments
By MAGGIE HABERMAN and MICHAEL S. SCHMIDT from NYT U.S. https://ift.tt/2S4hZ9N
Effects of Coronavirus Begin Echoing Far From Wuhan Epicenter
No commentsSunday, 26 January 2020
By CHRIS BUCKLEY and TIFFANY MAY from NYT World https://ift.tt/2uxa7oW
China’s Omnivorous Markets Are in the Eye of a Lethal Outbreak Once Again
No comments
By STEVEN LEE MYERS from NYT World https://ift.tt/2RpGYF6
China’s Battle With a Deadly Coronavirus, in Photos
No comments
By THE NEW YORK TIMES from NYT World https://ift.tt/2RRwygr
Tape Made Public of Trump Discussing Ukraine With Donors
No comments
By KENNETH P. VOGEL and BEN PROTESS from NYT U.S. https://ift.tt/30U912F
Branding Trump a Danger, Democrats Cap the Case for His Removal
No comments
By NICHOLAS FANDOS from NYT U.S. https://ift.tt/38C3dNT
‘Doorbell Ditch’ Prank Led to Crash That Killed 3 Teens, Officials Say
No comments
By AIMEE ORTIZ from NYT U.S. https://ift.tt/38DP4jc
Officer Charged in Murder of Son, 8, Kept in Freezing Garage, Police Say
No comments
By REBECCA LIEBSON from NYT New York https://ift.tt/36syiSB
