The New Orleans Saints bounty case will not go away, not with all the legal machinations involve. The latest is this: The NFL on Thursday provided a federal judge with what it says is evidence commissioner Roger Goodell did not improperly pre-judge the four players suspended in the bounty investigation.
The evidence includes a copy of a letter the NFL Players’ Association sent the league on March 7 asking Goodell to delay punishment of players implicated in the bounty probe.
It also includes a sworn declaration from Goodell in which he states he was prepared to hand down player discipline at the same time he announced suspensions for coaches and executives on March 21. Goodell’s declaration states he held off after verbally agreeing to do so in a phone conversation with union head DeMaurice Smith.
An NFL investigation found the New Orleans Saints operated a bounty system rewarding between 22 and 27 players for hard hits and injuring opposing players.
Attorneys for New Orleans Saints linebacker Jonathan Vilma, who has sued separately, and NFLPA lawyers representing the three other punished players have argued Goodell showed improper bias with comments he made before sending the players notice of their suspensions on May 2.
Attorneys for the players have been given until Friday to file their own evidence and briefs on the matter.
Vilma’s consolidated lawsuits include a defamation claim against Goodell. Vilma’s attorney, Peter Ginsberg, has argued Goodell made reckless and false statements about Vilma being the ringleader of a bounty program that offered cash for injuring targeted opponents.
Vilma has asked U.S. District Judge Ginger Berrigan to grant a temporary restraining order that would allow him to return to the Saints while his case proceeds, and the judge has said she would be inclined to rule in his favor, but will hold off until she is comfortable she has jurisdiction to do so.
Berrigan has indicated that she might prefer to see how separate proceedings called for in the league’s collective bargaining agreement play out.
One item still pending is the NFLPA’s appeal of system arbitrator Stephen Burbank’s ruling that Goodell had the authority to serve as arbitrator on the bounty matter because of the commissioner’s stance that the violations represented “conduct detrimental” to the league, as opposed to standard on-field violations, which would call for an arbitrator other than the commissioner.
A three-member appeal panel is expected to review Burbank’s decision late this month, and if it rules in the players’ favor, that could negate the need for further action in federal court.
In the meantime, the judge has urged all sides to try to settle the matter with the help of a federal magistrate.
