Donte Stallworth gets slammed with indefinite suspension from NFL

June 19, 11:24 AMSports ExaminerPaula Duffy

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                                Judge Dredd film poster.

Judge Dredd has spoken. Dredd, a/k/a, NFL Commissioner Roger Goodell has suspended Cleveland Browns wide receiver, Donte Stallworth for an indefinite period.

He will meet with the player "in due course" and decide the ultimate length of the punishment. I have no problem with this and wouldn't be upset if it ended up being a full season suspension.

It's sort of a gut test. When I think about a four-game suspension I realize it's a pittance since violating the drug policy gets a player that punishment. An eight-game suspension still doesn't feel enough, at least to me. And yet contemplating a suspension longer than one full season seems draconian rather than just.

Talk radio has blown up with discussions on this subject and rightly so. But what bothers me is the lack of real facts that are spouted by both radio hosts and callers. The settlement reached with the family of the deceased was done in record time and that  is solely related to the family's decision for its privacy on this matter.

Many civil claims for damages that arise out of criminal behavior are only finalilzed after a criminal trial or a plea deal. Some families hope that civil juries in a personal injury or wrongful death case will want to right the perceived wrong of a criminal jury or judge if the sentence is not harsh enough. This family decided that they didn't want to deal with that. It is their right.

But civil damanges arising out of criminal behavior are regularly pursued. This is not a unique case nor is it a pay-off as some have alleged. Remember the O.J. Simpson civil trial? He was found liable for the wrongful death of Ron Goldman and his family has a judgement that entitles it to tens of millions of dollars.

They'll never see that money as we know with Simpson locked up for the foreseeable future. The Goldmans waited until after the criminal verdict was rendered because it was unlikely that Simpson would have wanted to settle with them before he knew if he was facing prison in a murder case. Stallworth wanted to accommodate them and himself with a speedy decision.

Another common misconception floating out there is that Judge Dennis Murphy looked at Stallworth's NFL celebrity and decided to use the contributory negligence of the deceased in a way that isn't fair or right. Florida law on the subject makes the judge take the fault of the victim into account when determining the punishment for the criminal defendant.

You have to think about this from your own or family's perspective. Wouldn't you want to take full advantage of that if you or your spouse or child was found in the same circumstance as Stallworth? Of course you would.

And if the judge has some other Florida case or cases with similar facts to assist him in fashioning a just sentence then perhaps all the hoop-la about how athletes get bigger breaks in sentencing is garbage. I haven't done Florida law research so I don't know what was used for comparison. But, linked here is a recent FL case that indicates that significant concessions including elements of the Stallworth deal are considered for private citizens.

I share the outrage about 30 days in prison but I am sure the sentence is being reviewed in Florida by those charged with looking into judges' professional behavior. The judge knew it would be a controversial decision and if he wasn't prepared for scrutiny I'd be very surprised.

At the risk of sending the haters into orbit I want to point out that a ten year probation term isn't an easy thing to get past. Any violation of it will send Stallworth back into the penal system. Not to mention the two-year home confinement term. Have you ever been house-bound with a bad sprain or broken bone that doesn't allow you to drive or be mobile? Try that for two years.

I'm not saying that it is as harsh as spending those two years in prison but it can not be glossed over. Especially now that we know he won't be leaving the house to go to work thanks to the NFL suspension. And finally, although it may shock our consciences it apparently is OK with the only people affected outside of Stallworth: The Reyes family.

All opinions should be heard on this subject. It is our right to voice our thoughts. But please get the facts straight. That's all I'm saying.

For more info:  Stallworth gets 30 days for DUI case

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