If you've never been inside a courtroom during a trial or a hearing, it's a fascinating thing. Some may call it boring, but as a wide-eyed first timer yesterday at Adrian Peterson's hearing with the U.S. District Court in downtown Minneapolis, I was on the edge of my seat.
Like a heavyweight boxing match, the tides of the conversation ebbed and flowed as each team plead their case. First it was Peterson's team for 20 minutes laying out the ground work for the day. Then attorney Nash and the NFL took the stage for a 30 minute presentation on why there is no case. Ultimately, it was a 10 minute rebuttal for Mr. Kessler and the NFLPA to button up and loose ends.
Now let me start by saying that opinions can be dangerous things. You've heard the saying, "opinions are like backsides, everybody has one and most of them stink." It's kind of like that. But still, here is my opinion on how things played out yesterday and a suggestion to what I think is coming down the chute from the Honorable Judge David S. Doty.
Before I get much further, let me lay out each side of the case for you, to better help you understand the basis from where I am coming from.
NFLPA (Peterson represented by Jeffrey Kessler)
- Argues that the discipline handed down to Mr. Peterson does not fit within the bounds of the current Collective Bargaining Agreement. Basically that the NFL has been making it up as they go the entire way, retroactively punishing Peterson for activities that happened before the new policy was announced.
- Claims that the NFL does not have the jurisdiction to require players to attend treatment or counseling before returning to the field of play. Focused on paragraph 15 of the CBA which outlines that the league can ONLY punish a player with a fine, suspension or termination of contract.
- Believes that by placing Peterson on the Commissioner's Exempt List prior to any charges being filed, Peterson was in fact punished before being found guilty.
NFL (Goodell represented by Dan Nash)
- Claims that the league acted under the belief that Peterson was being punished for conduct "detrimental to the league."
- Argued that Peterson's punishment was within bounds because it was "more egregious" than prior domestic cases that received 2 game punishments.
- Believes that no matter the decision stemming from this hearing, the court does not have the authority to force the league to reinstate Peterson immediately.
So there you have it, the nuts and bolts of yesterday's hearing. Now time, for some of my observations.
The two sides had a very different approach. Kessler and the NFLPA came to bat with a much more passionate plea clearly outlining the pattern of bias misbehavior that has plagued the league throughout this case. From the misuse of the exempt list, to the enactment of the new domestic abuse policy to retroactive behavior, to the assignment of Harold Henderson (Goodell's lackey) to serve as the independent arbitrator. With guns a blazing, Kessler took the stand and laid out a fascinating case for Peterson to be reinstated immediately.