Keep Texans Talk Google Ad Free!
Venmo Tip Jar | Paypal Tip Jar
Thanks for your support! 🍺😎👍

Sexual Assault Suits Against Watson

The 24 Deshaun Watson trials present a key evidence question: Can evidence of other allegations be introduced?
Posted by Mike Florio on June 4, 2022, 1:24 PM EDT


The 24 cases pending against Browns quarterback Deshaun Watson will be resolved via 24 trials. In each of those trials, a key question of evidence will need to be addressed. And the answer will dramatically impact the length of each trial.

How much, if any, evidence of the other claims made against Watson will be admissible in each trial?


During Friday’s interview with Sports Radio 610 in Houston, attorney Rusty Hardin addressed that complication, within the context of whether they believed that the trial of the claims made by Ashley Solis could happen between mid-July and the start of training camp. (The parties have agreed that there will be no trials between August 1 and March 1.)

“We’ll do Solis if you will agree that you’re not going to try to introduce the evidence of the other 21 in this trial and let the allegations and the evidence stand alone on this one case,” Hardin said regarding his communications with attorney Tony Buzbee. “Because if you’re going to try to get all these other cases in to poison the water and the judge rules that you can, there’s no way these cases will not take several months to try. . . . You would have like 21 mini-trials.”

Hardin said Buzbee wouldn’t agree to that. Which means that a ruling from the trial judge in each case will be necessary as to whether evidence of other allegations can be introduced in any, some, or all of the cases.

It’s an issue arising squarely under what’s widely known as Rule 404(b) of the various rules of evidence, federal or state. Rule 404(b) generally prohibits evidence “of any other crime, wrong, or act . . . to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” In other words, evidence of other allegations against Watson can’t be used for the purposes of arguing to the jury, “If he’s accused of doing it in all these other cases, he must have done it here.”

Rule 404(b) contains a key exception: “This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.”

That’s where Buzbee may have an opening. He’ll argue not that he’s using the other claims in an effort to get the jury to think that, for example, 24 people can’t all be wrong or lying or conspiring (although it’s a key collateral benefit) but that the claims go to the question of Watson’s motive, intent, preparation, plan, the absence of mistake, and/or the lack of accident.

For example, to the extent that Buzbee will try to prove that Watson arranged massages with so many different women with the intention that those massages would become sexual and the plan to try to make that happen through his words and actions during the massages, that evidence would go directly Watson’s motive and intent in arranging each of the sessions.

Hardin’s best practical argument against 404(b) evidence is the threat/promise of the 21 mini-trials! No judge wants to preside over a case that spirals out of control, with multiple other plaintiffs testifying and being cross-examined and a one-week trial literally requiring, as Hardin said, several months. Each trial could potentially become as convoluted as the Seinfeld finale.


That said, there’s surely a more economical way to do it. The answer could be driven by the specific defense that Watson, through Hardin, employs. If Watson ultimately admits (as Hardin seemed to do on Friday) that he arranged massages with the hope that they would become sexual and that he tried to steer things that way, the fact that he allegedly crossed the line with others becomes less relevant. If, however, Watson tries to say that he had no desire or plan or motive or intent to secure any sexual activity under the guise of a legitimate massage and that any conduct suggestion otherwise was a mere mistake or accident, the door flies open to Buzbee’s ability to show out often Watson engaged in that supposedly accidental behavior.

For example, if an alleged shoplifter claims that a candy bar fell into his pocket when he accidentally brushed against the display, the fact that he had been accused by 23 other stores of shoplifting and used that same defense in every single instance makes the other claims relevant to proving that there was no accident.

That’s why Hardin’s comments from Friday are so important. Even though he won’t be testifying at trial, he’ll be the architect of the defense. At some point, he’ll need to put his cards on the table. Will Watson admit he was hoping the massages would become sexual and that he actively tried to make that happen? Or will Watson insist that he did nothing of the sort, ever? Those and other specific strategies will shape the question of whether Rule 404(b) evidence eventually is allowed at one or more or all of the trials.

There’s another important wrinkle here. The ruling made in the first of the 24 cases quite possibly will be appealed through the Texas court system. The judges presiding over the other 23 cases may decide to press pause on all of them until the appellate process is resolved and a conclusive answer is obtained. This would delay the entire litigation by months, if not years.

So, yes, Watson should have settled these cases last April. Or last October. Or in March, when he was traded to Cleveland. Or right now.
 
Concluded? While new and potential lawsuits are yet to be heard? Under all of the present circumstances, what decision should the NFL legitimately consider? Suspension at least for this season now with reassessment of new information that meanwhile comes up for further suspension at the end of the year OR indefinite suspension until all is resolved.

************************************************************************************************************

SPORTS ILLUSTRATED
NFL Investigation has Concluded on Deshaun Watson, Suspension Decision Before Long

The NFL has finished up their investigation into the 24 lawsuits that Cleveland Browns quarterback Deshaun Watson faces. A decision on a potential suspension is expected soon.

Deshaun Watson and the Cleveland Browns will soon know if the quarterback will be suspended during the upcoming season. Not only will they know if he will be, but the duration will also be made known as well.

“From the very beginning, we’ve shared everything with the NFL, we’ve shared everything with law enforcement, both the police and the District Attorney’s office,” said Rusty Hardin, attorney of Watson. “They’ve had everything from the beginning.”

The league will have an independent arbitrator decide on a suspension or not. Said arbitrator will be able to rule against a suspension and that would be the end of it, otherwise the league has final say.

“They have intensely investigated,” said Hardin. “But here is what nobody has done, nobody has cross-examined the accusers in these cases. They have interviewed both sides of it, but they haven’t been cross-examining them.”

The league’s investigation included Watson being questioned by four sexual assault prosecutors and the two sides met multiple times.

When it comes to the suspension, it’s not really possible to know what could be handed down. Within the new rules, the league hasn’t had to deal with a case like this. The decision could come anytime between days to weeks.
 
THE HOUSTON PRESS

Rusty Hardin's "Happy Ending" Comments on SportsRadio 610 Draw Heat on Watson
SEAN PENDERGAST JUNE 6, 2022 5:00AM


Rusty Hardin's appearance on SportsRadio 610 last week has turned up the heat on Deshaun Watson's situation. Screen grab from YouTube
The fireworks between the two lead attorneys in the bushel of civil lawsuits brought against former Texans quarterback Deshaun Watson reached a crescendo last Friday, when Watson's lead attorney, Rusty Hardin, in an interview on my morning show on SportsRadio 610 made these comments about the legality of "happy endings" in a massage setting:

The lead attorney for the 23 (soon to be 24) plaintiffs, Tony Buzbee, had some follow-up comments on the heels of Hardin's thoughts, and we will get to Buzbee shortly. I would like to contextualize Hardin's comments embedded in the tweet above. They occurred toward the tail end of the interview, which lasted 45 minutes, and they were not in response to a specific question from me or my cohost, Seth Payne. The comments almost felt like Rusty Hardin making some version of a closing argument. In other words, this wasn't a case of hosts asking a "Gotcha!" question. Hardin walked himself into those comments.

Unfortunately for Hardin and possibly Watson, the comments exploded on the internet, and not beneficially for the defense. The "happy ending" phrasing is what grabbed people's attention, but it was the last part of that cut, where Hardin points out that doing or saying something that makes another person uncomfortable is not a crime, that might prove to be an issue for Watson in his battle in the courtroom and in trying to minimize an NFL suspension.

It came across as the first real admission from Watson's team that Watson DID do or say something uncomfortable in the massage sessions that did not end with sexual activity. Later in the day on Friday, Hardin tried to repair the damage from the morning show by issuing the following statement:
THE REST OF THE STORY
 
The Guardian
As the lawsuits mount, do the Browns believe Deshaun Watson?

Oliver Connolly
Mon, June 6, 2022, 4:00 AM·9 min read

A 23rd civil lawsuit was filed against Cleveland Browns quarterback Deshaun Watson alleging sexual misconduct last week. By the time you read this, that number could be 24.

Earlier this month, a pair of the accusers appeared on HBO’s Real Sports with Bryant Gumbel to detail their experiences with Watson. Those stories led to the 23rd woman filing suit.

They are not the only accusations. Sports Illustrated has investigated further accounts of sexual misconduct by Watson towards massage therapists who have chosen not to make their names public for fear of reprisal.

Watson has denied all the accusations. He has made it black and white: He’s telling the truth; the 23 accusers are lying. “I have never assaulted or disrespected or harassed any woman in my life,” Watson said at his introductory press conference following his trade to Cleveland.

Which raises the question: Do the Browns believe Deshaun Watson? It’s something that the team that handed him the richest contract in NFL history has yet to answer.

The Browns completed an internal investigation prior to trading five draft picks – including three first-rounders – for Watson, who they then gifted with a newly minted, record-breaking $250m contract. At Watson’s press conference, Browns’ general manager Andrew Berry said he was “comfortable” with the amount of work the team put into investigating the claims against Watson. He was not asked if he believed the accused or the accusers.

When combining the number of women who have brought civil or criminal complaints against Watson, those who have been independently verified but have not brought forward a legal complaint, and those who withdrew their claim once they learned their names would be made public, the total number of women who have accused Watson of various forms of sexual misconduct runs closer to 30.

Watson repeated that he had never “disrespected” a woman four times at the same press conference – the only time he has spoken publicly in a year.

Do the Cleveland Browns believe Deshaun Watson?

HBO’s Real Sports interview did not bring new information to light. What the HBO show did do, however, was put the emotions of the accusers on screen in a way that text cannot. Two women were forced to re-live moments of embarrassment, shame and fear in public.

Kyla Hayes detailed her massage with Watson. “He wanted me to kinda make a V motion in his pelvic area,” she said. “So, go across his stomach to his thighs, back to his stomach. I just kept massaging and did what he asked until his penis kept touching me repeatedly as I did it. He was moving his penis back and forth as my hands moved as well.”

Kyle said that Watson’s penis allegedly touched her hand intentionally and that he ejaculated. “That was mortifying and embarrassing and disgusting.”

Ashley Solis, another massage therapist, explained how she “got really scared” at the end of her session with Watson. “He just said, ‘I know you have a career to protect.’ And ‘I know you don’t want anyone messing with it just like I don’t want anyone messing with mine,’” Solis said. “That sounded like a threat to me.”

The Real Sports segment also emboldened other women to come forward. “In that [HBO] piece, Plaintiff was struck by the courage of the victims willing to step forward and speak, and was extremely displeased by Watson and his legal team’s mistreatment and revictimization of the Plaintiffs,” the lawsuit filed last week states. “But it was Watson himself claiming that even now he has ‘no regrets’ and has done nothing wrong that solidified her resolve.”

Do the Browns believe Deshaun Watson?

There are, logically, three answers:

• The Browns do believe Watson and believe that more than 20 massage therapists are conspiring to try to bring down the quarterback for some sort of personal gain, financial or otherwise.

• The Browns don’t believe Watson but believe that his behavior does not rise to the most reprehensible of standards. That he has not – or will not in the future – be accused of conduct that will be provable in a court of law.

• The Browns don’t believe Watson and they don’t care – because they’re OK hiding behind the shield of touchdowns and talent and wins and Lombardi’s and parades and yet-to-be-unveiled initiatives and community work and a collective interest in moving on in the what’s-next, social media age.

The Browns actions are telling. They were out of the trade-for-Watson sweepstakes before they returned at the final hour with an unparalleled offer: A five-year, fully guaranteed, $230m deal, the first of its kind in NFL history.

Watson held court over the league. Teams traipsed to an Atlanta hotel to woo him once the Texans had sanctioned a trade, not the reverse.

Presentations were made. Roster constructions were discussed. Croissants were eaten. Red carpets were rolled out. Outrageous contracts offered to a player who can help them by owners who can’t help themselves. Four teams genuflected at the altar: The Saints, Panthers, Falcons, and Browns all met with Watson in person. Eleven teams inquired about his availability and the price tag. Their reticence in pursuing a deal was ultimately sporting, not civic.

The Browns were the winners of the spectacle – thanks, largely, to the grubby fine print in their offer. They agreed to artificially suppress Watson’s salary for the forthcoming season to limit the financial hit to Watson in case of a suspension.

Watson’s $230m deal paid the quarterback $9m at signing. He will be paid $55m per year from 2023 to 2026, whether he is suspended by the league or not. His salary for the upcoming season? $1m. The deal doubles as a confession from the Cleveland hierarchy that it anticipates some form of suspension this season.

Would they include such a clause – such an incentive – if they believed Watson had never, provably, disrespected a woman?
THE REST OF THE STORY
 
Something that’s been overlooked. Dionne Louis I would have to assume has a business account. Now, when she received the $5,000 cashapp payment, was her cashapp connected to her personal or business account? Hmmm.
 
TexansBull said:
Is this the first time Florio has said for Watson to be put on the exempt list?
Click to expand...
Why would Florio now b advacationing 4 Watson 2 get paid but not have to play? Bcuz he wants the Browns to be punished 4 giving that contract to a predator????


Not sure if that is fair i mean in america u are innocent til proven guilty and even tho i think watson is guilty af, Texans were able to trade him so what is the other team supposed 2 do just sit on they hands?


i think the nfl has some explaining 2 do about letting this play out for years now and wish this could of been handled more quicker than it is dragging on more than ever

this is having a ripple effect now on just normal ppl too i tried 2 book a massage at my reg place to get my feet rubbed n they now want to do a credit check prolly 2 see if i might be worth some money what the ****
 
The news keeps getting worse and worse everyday for our old friend Deshaun.
Hopefully the real truth will come out soon.
 
Four of the plaintiffs currently suing Watson claim that he offered to pay them more money for more than just massage.

The sixth lawsuit says: “Watson got irritated and told her he would pay extra to have Plaintiff to work on those areas.”

The 11th lawsuit says: “Watson asked Plaintiff if she ‘did more’ than just professional bodywork ‘for more money.’”

The 15th lawsuit says: “Watson told her not to be scared to ‘touch him.’ Plaintiff told Watson that she was not paid to do that. Watson then responded stating that it was what he paid for.”

The 17th lawsuit says: “Watson told Plaintiff he would pay extra money and said, ‘Don’t worry, no one is going to know.’”
 
I could see Watson being on the CEL this year and then actually suspended part or all of next year to punish Watson and Cleveland for structuring the contract that way. Then Cleveland has a QB who hasn't played in 3 years .
 
As a doctor, I have to post this. No one seems to be talking about the fact that when all of these secured massages from random strangers “more than a hundred times,” we were in the midst of the worse COVID period............ultra high daily death rates, no vaccines, no recognized treatments, cries for more ICU beds, cries for more ventilators for hospitals. He evidently didn't care that whenever he returned to NRG, he was potentially exposing innumerable people.......potentially many high risk personnel. No one at the time had any good procedures for tracing exposures, following up who was remotely or distantly effected, and short-term and long-term consequences of their exposures. Watson's self-gratifying behavior goes far beyond his obvious perversions, and deeply into his non concern for his friends, family, teammates, coaches, trainers.........essentially no concern for what he may be doing to his "fellow man."
 
Last edited:
You must log in or register to reply here.
Back
Top