The NFL will wait because let’s say they do issue a suspension and things break bad and the common take is that however it played out the NFL should have known what the *thing* is that makes it all break bad and they’ll be blamed for another insufficient suspension. Especially with the Super Bowl in LA and the Rams being such high profile favorites to win it all, the more the NFL addresses this, the worse it is for them.Looks like that the diversionary program doesn't help us as fans and we need Alaric to decline to participate. In super short-hand,
Diversionary Program --> Violation of the Personal Conduct policy.
The more nuanced/accurate version is that under Article V of the Personal Conduct Policy (2022) "A player violates this Policy when he has a disposition of a criminal proceeding (as defined), or if the league’s investigation demonstrates that he engaged in conduct prohibited by the Policy."
Under Article IX, "'Disposition of a Criminal Proceeding' – Includes . . . the disposition of the proceeding through a diversionary program . . .."
Also, while it's entirely plausible that they'll let the clock run out on filing criminal charges (i.e., Alaric doesn't agree to diversion and no one does anything), I'm not sure of the logic behind concluding that the NFL will wait. Law enforcement has seemingly finished their investigation. Sure, they're open in the event something "new" pops up, but if they have had sufficient information to decline felony charges and dump the case on the misdemeanor department, it would seem that they finished the active part of the investigation. The NFL has their own separate investigation and waiting doesn't seem to accomplish anything - they wouldn't be interfering with any criminal investigation. We'll see how this shakes out.
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So you’re going to compare these cases and conclude that they’re similar? As far as Zeke goes, this was also in that same article you quoted.
Ezekiel Elliott and James Pearce are a few comparable cases. "The Columbus City Attorney's office announced in September that it would not pursue charges against Elliott because of "conflicting and inconsistent information," but the NFL can penalize a player even without legal charges."
That investigation by the NFL took a year and he wasn't suspended until 2017 season even though incident happened summer of 2016. James Pearce is a hugely more violent incident compared to Jackson but he is also serving in a diversion program. From google search below... this says "generally satisfies the criteria needed to" suspend a player. Unless the NFL changes its stance on diversion programs I'm not sure how he avoids some kind of suspension.
Atlanta Falcons edge rusher James Pearce Jr. is currently participating in a one-year pre-trial diversion program to resolve felony charges—including aggravated battery with a deadly weapon—stemming from a February domestic dispute. While successful completion of therapy and program stipulations will drop the criminal charges, he is still expected to serve an NFL suspension. [1, 2, 3, 4]
Pearce originally entered a six-month intervention program, which was extended to one year in June. As part of the agreement, he is required to undergo therapy, pass drug tests, and maintain a safe distance from his ex-girlfriend, WNBA player Rickea Jackson. Although his attorney negotiated an agreement that avoids jail time, he rejoined the Falcons for mandatory minicamp but still remains subject to league discipline. [1, 2, 3, 4, 5, 6]
Because domestic violence and conduct-related incidents are handled independently by the NFL, entering a diversion program generally satisfies the criteria needed to enact the personal conduct policy. Legal and sports analysts expect Pearce to receive a suspension, which could range from a baseline of six games to a more extended banishment if the league deems the underlying allegations a severe violation.
You would certainly know better than me. Do you know if this would be one where it would not be required? Or does it just depend on too many variables?There are different types of diversion programs. Some do not require a guilty plea.
Thanks for chiming in on this man. Good to have people who actually know stuff on here. Cheers.I want to be clear. I am an attorney, I am not a California attorney. I did run a domestic violence unit in another state. That being said, this is better news than actually "entering" a diversion program (especially for this year). Making him eligible for the diversion program is significantly different than enrolling in one. Based on the information provided, if true, the matter will remain in a "stay" status unless/until there are further developments through the applicable statute of limitations (SOL) - irony? Anyhow, my understanding is that misdemeanor DV SOL in California is one-year. My guess is that he will be advised to wait out the SOL and the Big Shield will do the same.
Years ago NJ had something similar called PTI.....Pre trial intervention.....which was supposed to allow first offenders to avoid jail time. You had to apply for PTI and be accepted on a case by case process. That was for those who pled guilty. If you didn't plead guilty, fought the charges but were found guilty, you weren't eligible. IIRC.My understanding is that diversion is only offered if you plead guilty. The case then remains open until you complete diversion. Then the judge will dismiss the case.
I'm comparing them only in that they caused the player to go into a diversion program due to domestic violence and this line "Because domestic violence and conduct-related incidents are handled independently by the NFL, entering a diversion program generally satisfies the criteria needed to enact the personal conduct policy."So you’re going to compare these cases and conclude that they’re similar? As far as Zeke goes, this was also in that same article you quoted.
The NFL identified three incidents that caused injuries to the woman's face, neck, shoulders, arms, hands, wrists, hips and knees over the span of five days and cited photographic evidence of the injuries.
That is three different incidents and though the DA decided they didn’t have enough evidence to prosecute, there was quite a lot there and that’s not even including the fight where he broke a dude’s face.
And Pearce? I’m not even going down that path with you.
As I said, I’m not saying Goodhell won’t pull a Goodhell but the cases are not remotely similar and Zeke’s camp even fought that suspension.
As before, I’ll wait and see what happens and figure the Rams are on top of it as much as they can be.
But he hasn't entered a diversion program.I'm comparing them only in that they caused the player to go into a diversion program due to domestic violence and this line "Because domestic violence and conduct-related incidents are handled independently by the NFL, entering a diversion program generally satisfies the criteria needed to enact the personal conduct policy."
Will the punishments be similar? Doubt it... I'm sure Pearce gets at least a year suspension if not worse. Elliott, sure it seems worse with what we know. But DV is DV and like I said if what Foolio said is correct that the NFL always suspends once a diversion program is entered into then it seems expected at this point. Only question will be for how long and when.
That's where I'm confused. No charges are being filed, so why would Jackson enter a diversion program?But he hasn't entered a diversion program.
Jackson’s case has been assigned for a pre-trial diversion program available to eligible persons as an alternative to a misdemeanor prosecution.But he hasn't entered a diversion program.
You didn’t use the whole statement.Jackson’s case has been assigned for a pre-trial diversion program available to eligible persons as an alternative to a misdemeanor prosecution.
He's either entering one or he's going to be prosecuted. Either way, likely ends the same in Mr. Goodell's eyes.
Well, I interpret it the other way that he gets to enter the diversion program which is basically a kind of probation. While he does that the case stays open and if he screws up during the diversion program then it gets reopened. It's essentially pre-prosecution probation to avoid charges if he behaves while going through the program. But I'm not an expert so your interpretation could be right. /shrugYou didn’t use the whole statement.
“This matter has been assigned for a City Attorney Hearing, a pre-filing diversion available to eligible individuals that is an alternative to misdemeanor criminal prosecution,” said Ivor Rice, a spokesperson for the Los Angeles City Attorney’s Office. “Charges are not filed against the respondent at this time, however, the case stays open throughout the length of the statute of limitations. It can be re-evaluated if there are further developments.”
It seems to me that maybe what that means is that the Attorneys office is not going forward with charges and chose to defer at this point. I could easily be reading that wrong. Possibly saying that if they decide to actually press charges, diversion is available?
I don’t know but it has gone from felony, to misdemeanor, to no charges being filed.
Jackson’s case has been assigned for a pre-trial diversion program available to eligible persons as an alternative to a misdemeanor prosecution.
He's either entering one or he's going to be prosecuted. Either way, likely ends the same in Mr. Goodell's eyes.
Exactly.That's where I'm confused. No charges are being filed, so why would Jackson enter a diversion program?
as an alternative to a misdemeanor prosecutionPsycho, you missed the key word, "available". Not "mandatory ".
It's voluntary.
Well, I hope you're right. I'm not committed to my position and clearly don't want it to be true but I struggle with the wording of all the articles I've read so far that doesn't make me uneasy still.No sir. It's not an "either or" situation. It's a "if new information pertaining to the incident is presented". So right now no charges and AJ is not obligated to any program.
He's free and clear unless new evidence is presented.
Big difference. And you said it yourself, alternative to prosecution. He's not being prosecuted. No misdemeanor charges have been filed.
Like I said before, that may not matter to Goodell.