The only reason that Hardin is pushing for an April deposition is because he is very concerned that if the deposition is held prior to the completion of the criminal investigation by the police or the Grand Jury, his testimony would be used in these venues and likely would be nothing but damaging to his case.
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Latest Deshaun Watson legal development could delay trade from Houston Texans
Written By
Aaron Wilson
February 21, 2022
Houston Texans quarterback Deshaun Watson is trying to have his deposition for his sexual misconduct lawsuits pushed back to April.
The Deshaun Watson legal saga isn’t ending any time soon. An attorney for the Houston Texans Pro Bowl quarterback has been granted a special hearing for Monday afternoon in Harris County District Court on Monday.
Rusty Hardin, Watson’s Houston-based lawyer, filed a motion requesting that the NFL player’s deposition be pushed back to no earlier than April 1 because not all 22 complainants — massage therapists alleging sexual misconduct and/or sexual assault — have been deposed, which was the original plan for the case.
Watson is currently scheduled to be deposed Tuesday. The start of the NFL new year — which is the
first day Watson could be traded — is March 16.
The details of Deshaun Watson’s motion
“Mr. Watson seeks a modest accommodation to protect two key goals of the parties’ agreed docket control order that are currently in jeopardy — largely because of delays created by the plaintiffs’ discovery conduct,” the motion stated. “Specifically, Mr. Watson seeks a 60-day extension of certain DCO deadlines. Mr. Watson also asks that his depositions be scheduled to begin after April 1, 2022, instead of after February 22, 2022.”
The criminal investigation could be wrapped up by early April, so he could be deposed that month. That’s also prior to the NFL Draft when, depending on the resolution of his legal situation, Watson could be traded.
The motion emphasized that the criminal investigation of 10 criminal complaints, including eight plaintiffs, hasn’t been completed, with no clarity about Watson’s status as far as whether he will or won’t be charged with a crime.
Law enforcement sources said that no DNA, audio, or video evidence has been found or submitted by police detectives investigating the allegations. Watson, who has a standing trade request and a no-trade clause in his $156 million contract, has denied wrongdoing through social media. Hardin said in a press conference that Watson had consensual sex with some of the massage therapists accusing him of lewd behavior.
Watson’s criminal investigation active, no charges filed
“As has been widely reported, law enforcement authorities have been investigating eight of these cases for months,” the motion stated. “When the parties agreed to the DCO dates, Mr. Watson’s lawyers reasonably believed that a criminal investigation into the plaintiffs’ allegations, if any, would have concluded by now. It appears, however, that the investigation continues.
“While no one can know when the criminal investigation will conclude, delaying Mr. Watson’s deposition until April 1st (in addition to accomplishing the goal of completing the plaintiffs’ depositions first) also makes it more likely that the criminal investigation will conclude before Mr. Watson’s deposition — thus eliminating any potential Fifth Amendment issues and additional delays to these cases.
“For these and the other reasons discussed in more detail below, Mr. Watson respectfully requests a 60-day extension of the discovery and certain other pretrial deadlines and seeks protection from this Court so that his deposition may take place after April 1st at the office of Mr. Watson’s attorneys.
If the criminal investigation concludes by April 1, 2022, Mr. Watson is available for deposition beginning April 4, 2022.”
10 of the 22 depositions haven’t been completed. Hardin wrote in the motion that several plaintiffs delayed or canceled their depositions.
Watson investigation ‘drawing to a close’
The motion stated a belief that the criminal investigations “are drawing to a close.”
The Texans have been seeking at least three first-round draft picks and a pair of second-round draft picks in exchange for Watson, who led the NFL in passing yards two seasons ago.
He remained on the Texans’ roster last season and was paid his $10.54 million salary. Watson was not placed on the commissioner’s exempt list but played in no games.
Watson only practiced during a portion of training camp before he and general manager Nick Caserio reached an agreement that he would report to the Texans’ training facility for individual workouts with the strength and conditioning staff but not participate in practices and meetings.
What’s next on the Watson trade front?
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