With the #DeshaunWatson trade dominating the cycle it's a good time to remind you of the situation he's facing.

There is a lot of imprecise language out there so be careful who you are listening to. Here's a quick thread on the situation.

Time for a #FFLegalUpdate!

1/
First, I think it's important to remember that in this situation more than anything there are 2 things we have to be careful with:

1 - Thinking we know who is right. We don't have NEARLY enough information to judge this. Treat both sides with respect while it plays out.

2/
2 - Using the wrong language. Here's a quick glossary.

In Civil cases:
Watson = Defendant
Women Who Filed = Plaintiffs

In the Criminal cases:
There are no "charges" yet. The only thing pending with Houston Police Department are "Complaints".

3/
I used to do criminal intake for a prosecutor's office. Citizens who wish to allege someone has committed a criminal offense against them have the right to file a Complaint that is then reviewed by Police or Prosecutors for possible charges. That is where we are right now.

4/
We are waiting on at least 10 criminal complaints to be resolved by the HPD.

In the civil case those are simply called Suits, not charges. Big difference.

In a civil suit they only need to prove it happened by a "preponderance of the evidence".

5/
That phrase means - is it more probable not not that it happened? Much different burden of proof than a criminal case (which is the highest burden under law).

In all situations the women are referred to as victims, complainants, or even more precisely - alleged victims.

6/
Ok, I thought that stuff was important to say because I see a lot of sloppy language with this case and it definitely matters. Seeing "but he did it because he has 22 charges against him!" makes me cringe on about 7 levels. Words matter.

Ok, some more quick thoughts...

7/
I said in my last thread that I believed the NFL wouldn't act on this until there was a reason to act. When they didn't place Watson on the exempt list to start camp they were never going to do something *unless something new happened*.

#FFLegalUpdate

8/
I believed that *something* would happen before the season, but I was wrong. The pressure never built enough for the dam to break civilly, criminally, or with a trade. Part of that pressure not building was the NFL not acting.

#FFLegalUpdate

9/
I've heard reputable news sources give credence to this idea this week, even one person quoting league sources saying there was no reason to act because they didn't have to.

IF the trade rumors come to fruition then I would guess that forces the league's hand.

10/
But again, I'm not an NFL punishment expert, but that's where I stand.

As far as the legal process goes, I'm surprised there hasn't been more conversation around depositions in the civil cases. They were able to be deposed already, but to my knowledge it hasn't happened.

11/
And again, we still wait on the biggest piece of information - the criminal complaints pending with HPD.

I find it hard to believe the NFL would let him play with all of that pending, but I've been surprised before (See: Hill, Tyreek).

12/
Where this leaves me is in a spot I didn't expect to be as Halloween is upon us. I'm getting more concerned about 2022.

IF Watson escapes felony charges, and any other possible charges are handled quickly, he could be fine. But the longer it goes in 2021, the more...

13/
...I get concerned that we see an Antonio Brown situation. While he sat out as a "free agent" I assumed he would escape a long suspension once he signed with a team. He still got 8 games.

The fact that he's sitting may NOT matter to the NFL once they decide on a suspension

14/
So again, a million things COULD happen, but the possible conclusions are narrowing.

We still don't know why HPD is taking so long, but in my previous thread I guessed that it had now turned into a good data point for Watson.

#FFLegalUpdate
15/
But either way as we stare down November my focus is starting to shift to the impact on 2022. I don't believe Watson will have a meaningful impact on this year's fantasy season. I remain in the camp that he should not be on redraft rosters.

16/
But I'm now starting to be concerned about 2022 because it is Week 7 and he has served zero days of suspension/exempt list time. That has me worried.

Things could still work out for him - but I've been saying that since May and my confidence in his maneuverings is low.

17/
Keep in mind that HPD is supposed to be presenting this case to the Grand Jury. GJs meet to consider felony charges (indictments). That could be a CYA, it could be everything.

We just don't know. And to me, there are far too many hurdles for redraft relevancy.

18/
Thanks for reading if you got this far! I'll do an #FFLegalUpdate on #TheAuctionBrief next week with more detail so tune in!

Please RT if you enjoyed the thread and the spirit moves you. Otherwise thanks for your time and enjoy Thursday Night Football!

19/19

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More from @DrewFBGAuctions

23 Aug
I've added quite a few followers in the last month, and there's been some developments in the case that are worth commenting on....

....so it is time for a Deshaun Watson thread. Some of this will be a recap for my new followers, some of it new.

#FFLegalUpdate

1/
For the new folks: I'm a criminal law expert, currently practicing & celebrating 20 years of practice this year. I've done over 10k criminal cases, & countless cases involving victims, sexually related charges, & appeals on sexual offender classifications.

#FFLegalUpdate

2/
My podcast #TheAuctionBrief has regular legal updates where I discuss all the relevant cases facing your fantasy teams, and most notably, updates on Watson as the case goes along.

Ok let's get down to a #FFLegalUpdate.

3/

podcasts.apple.com/us/podcast/auc…
Read 31 tweets
26 Jul
Absolutely brutal court day but it looks like life is gonna tag out for a breather & I have a few minutes to do a #DeshaunWatson #FFLegalUpdate.

I have quite a few new followers recently so some of this info may be repeated, but I'll try to stay away from too much of that.

1/
First - my standard comment about victims and these cases: Please be respectful to the alleged victims and to what happens to their lives when they come forward. We only know what's in the complaints. We owe it to them, to Watson, and to the legal process to not overreact.

2/
Second - most of what I'm going to comment on is law stuff. I'm not an "NFL punishment" guru. I know the law because I've been a lawyer for 20 years. But the league is notoriously difficult to read on suspensions. I'll give you my opinion on that, but keep that in mind.

3/
Read 26 tweets
10 Aug 20
In light of the #DerriusGuice details trickling out, I wanted to put together a quick thread to cover the legal aspects of the case and how they affect his prospects going forward.

I’ve been a defense attorney for almost 20 years and there are a few things to know.

1/
First, it is HARD to defend these cases when you have an obvious sense of what happened in the case. You always always fulfill your obligation to your client with a zealous defense, but the general public doesn’t realize this often involves....

2/
....trying to mitigate damage rather than proving it didn’t happen. Proving a negative is exceedingly difficult, especially in a case where there are no witnesses. Domestic Violence (DV) cases are often that way.

3/
Read 18 tweets
19 Sep 19
Well it’s Thursday so that means it is time for the Week 3 edition of #NarrativeStreet. With two games under our belt it’s tempting to think the hay is in the barn, but that’s dangerous thinking. It will continue to change every week so don’t anchor those opinions....
...stay flexible and keep attacking as things evolve.

So let’s check in with the biggest stories and see what’s happening. We’ll hit some Team Narratives first, then finish with individual players....buckle up, it’s gonna be a long one...Happy Week 3 - LFG!

#NarrativeStreet
#Bears 📉📉: People are fuh-REAKing out. But they started v two ferocious pass rushes, and they came out 1-1. Am I excited about them? No. But they get a weak Wash D this week, and the post bye sked is pretty soft. Be patient.
Read 26 tweets

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