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Niners obviously did not make convincing case in N.Y.

It's pretty apparent the 49ers believe the evidence supplied at the hearing last Monday did not support NFL commissioner Roger Goodell's finding that the 49ers were guilty of tampering.

Yet, the 49ers will not appeal, said spokesmen for the 49ers and the NFL. The 49ers plan to put yesterday behind them and move on with draft preparations.

I'm not even sure if the 49ers can appeal. Who would hear their appeal? Is Bud Selig busy? They've already met with Goodell last week in New York. There is not a higher power in the NFL.

Sources claim that the only evidence against the 49ers were records of two "missed" phone calls to Lance Briggs' agent, Drew Rosenhaus. There are indications that the 49ers defended themselves, saying they were calling Rosenhaus because of an interest in re-signing recently released receiver Taylor Jacobs.

In an attempt to keep this story balanced, let's look at the other side:

Goodell apparently did not believe the 49ers. And, frankly, I'm not sure I blame him. Were the 49ers really interested in re-signing Jacobs? After all, they had just released him earlier in the month. Why would they have wanted to bring him back - at all, let alone so quickly?

The 49ers released Jacobs on Oct. 2, and signed receiver Bryan Gilmore the same day. A week later, the 49ers signed young receiver LeRon McCoy and kept him on the roster for most of the season, though he did not suit up for a game.

The trade deadline was Oct. 16. The 49ers did not make another roster move involving a receiver until they released McCoy on Dec. 29 to sign quarterback Drew Olson to the active roster.

Jacobs ended up signing with the Broncos on Nov. 6. If the 49ers really wanted to re-sign Jacobs, is there a reason the club did not leave a voice message for Rosenhaus? Is there a reason they didn't follow up with more phone calls?

But, at the same time, if it weren't true, why would the 49ers say it? In other words, wouldn't it have been more believable that the 49ers would've been calling to inform Rosenhaus that the club planned to start getting Jason Hill more playing time? Or couldn't they have said they wanted to speak to him about Frank Gore.

As one person pointed out, the Taylor Jacobs excuse is so stupid it almost has to be true.

* * *

OK, so you're Roger Goodell. You've sent out a memo to the competition committee asking for a review of all the league's competitive rules, including those involving tampering. And here comes this case in front of you.

The Bears are saying one thing. The 49ers are saying something else. Rosenhaus isn't saying anything. There's enough gray area in this one to leave a lot of room for interpretation. And because of what's going on with so much focus on cheating, the burden of proof - rightly or wrongly - falls on the 49ers.

If Goodell sides with the Bears and brings the hammer down on the 49ers, the rest of the league will take notice. Goodell will prove to everybody that he is taking this tampering stuff seriously.

After all, it was a unique case from the beginning. The Bears pressed the issue. That is rare. Moreover, the alleged violations occurred during the season. A lot of teams tamper in the days leading up to the start of free agency. But teams aren't going to complain because, in a lot of cases, they're doing the same thing with other free agents.

When this stuff happens during the season, it has the potential to create problems in the locker room and, conceivably, the outcome of games could be affected.

So, if you're Roger Goodell, maybe you come down hard on the 49ers to send a clear message that you're serious about enforcing the anti-tampering policy.

* * *

What continues to be perplexing is that the Briggs-to-the-49ers trade simply could not have happened. NFL rules stipulate that a franchise player can't be signed to a new contract during the season. And no trade like this is going to happen unless the team is able to sign the player to a new deal. Shouldn't both the Bears and 49ers have known this? Why did trade talks occur in the first place?

In 2006, the 49ers were in a similar scenario with Nate Clements. They talked to the Bills about a trade. The Bills did not grant the 49ers permission to speak with Todd France, Clements' agent. The 49ers waited patiently and signed Clements to a contract on the the first day of free agency.

Why didn't the 49ers do the same thing with Briggs? I've written that perhaps the 49ers were never all that interested in Briggs. But the other side of the story is that the 49ers had an inkling the contract with Briggs would've been voided and they would've faced stiffer penalties if they were found guilty of the in-season tampering charges.

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Comments | Add Comment

Posted By: Da Niners (28/03/2008 5:37:25 AM)
Comment: True, but Herschel Walker was only drafted in the 5th round because he was playing in the USFL. He would have been the top pick (without question) had he gone straight to the NFL.

Posted By: Travis (Los Angeles) (27/03/2008 10:54:28 PM)
Comment: Sweet, I got a response from Matt. Thanks for the clarification... I actually got the 30 minute comment from profootballtalk.com which certainly must have gotten it from your time stamp Matt. Parker, your points just go to show you how bad NFL Scouts truly are. Tom Brady was a 6th round pick. GARBAGE!

Posted By: Parker (27/03/2008 11:56:52 AM)
Comment: Shame on me... Forgot about Merton Hanks, 5th round 1991.

Posted By: Parker (27/03/2008 11:41:47 AM)
Comment: Great players that were drafted in the 5th round: 1974 - Mike Webster, 1977 - Lester Hayes, 1985 - Kevin Greene, 1985 - Herschel Walker, 1991 - Ben Coates, 1996 - Zach Thomas, 1996 - Joe Horn, 1994 - Rodney Harrison... I could go on. Maybe a 5th round pick doesn't really matter. ;) But we can all agree that Mr. Rogers has taken away an opportunity from us. He needs to be demoted back to the NFL mailroom.

Posted By: oneniner (27/03/2008 11:01:55 AM)
Comment: no news ?....i am dying for the season to start....I saw Obama today, "dude is tall".

Posted By: Travis (Los Angeles) (27/03/2008 9:03:51 AM)
Comment: The Niners should charge the Dolphins with tampering regarding Justin Smiley. He signed 30 minutes into FA. This way we could flip flop for a 1st pick in a round! btw, any of you guys that are hating on management for this are foolish.. the bears are equivalent to Mangini ratting out Belichick.

Response: Just to be accurate: Smiley did not sign for a couple days. But in my article time-stamped 9:27:59 -- or 27 minutes, 59 seconds after the official start of free agency -- he said he had agreed to terms. http://49ers.pressdemocrat.com/default.asp?item=1036034. --Matt M.

Posted By: AF in WC (27/03/2008 8:21:33 AM)
Comment: Why is it that Bay Area sports blogs inevitably have some ignoramus making really uneducated political analogies to sports? Seriously, your political opinion is not that important and no one hear wants to hear it, so don't bring it here!

Posted By: Coach Hudd (27/03/2008 8:05:48 AM)
Comment: I agree. I was only a fifth round pick. With the two OL that we have signed I consider them as our 5th round pick. We need a pass rusher bad. We also need a young WR. I say at 29 and 39 we go DE/OLB and WR. Those are the two positions we need to hit. In round 3 and 4 we can look at OL/DL.

Posted By: EastCoastNiner (27/03/2008 7:41:02 AM)
Comment: Haven't posted in a while. I think the loss of the 5th round pick hurts, but lets be honest people- it was a 5th round draft choice. Simmer down. Lets focus on getting two studs at pick #29 and #39. As much as I would love to grab Gosder Cherlius and Quentin Groves- it simply isn't going to happen. Can't have both of them. With that said, OT is very deep in the draft, and Pass-rushing OLB is not. If Quentin Groves is there at #29, the Niners should make the pick. I would stay away from Sam Baker at #39, but I think Carl Nicks is the prototypical RT that a team looks for. Go Niners!!!

Posted By: StonerLab (27/03/2008 7:19:09 AM)
Comment: Matt, Can you come up with a new article other than the "tampering" issue. It's Sooo done now people. As Nevyn eloquently said "IT WAS A 5TH ROUND PICK, GET OVER IT!" And JJ put it best, "what's done is done...let's move on people!"

Posted By: Marc - NJ49er (26/03/2008 11:14:17 PM)
Comment: I see the whole practice of Sports Agents and League Rules as a Conflict of Interest. How can an agent represent a player within the the framework of ethics? Like your Doctor working for the Insurance Co. Who has your best interest at heart? Is Doc working for you or the Insurance Co that mails him the check? The process is flawed. Owners elect the commish, enough said. My question is when doesn't Team A speak to Team B regarding Player C? The Commish owes us BIG for taking one for the league now.

Posted By: 9er1 (26/03/2008 10:58:23 PM)
Comment: Thanks for posting the jerkoff Sheriff Goodell's email below, whoever did that. I just got done ripping him a new one. No matter what anyone says, Goodell still is unjust in this and is using the Niners as a diversion from his own cover-ups and wrongdoings. This guy is shady and deserves to be blasted, and that I just did.

Posted By: Marc - NJ49er (26/03/2008 10:12:21 PM)
Comment: DRAFT PROSPECT BENEDICT DIES- http://www.wltx.com/sports/story.aspx?storyid=60170

Posted By: Marc - NJ49er (26/03/2008 10:06:18 PM)
Comment: Let's all realize that the Bears and 9ers were in Trade talks. The Bears knew Briggs was given a provision to free him of 'The Tag'after the season. Bears wanted to get something for him and no matter who was guilty, both sides were obviously at fault regarding a trade with a Tagged player. I see this as a form of entrapment. Once in, there's no way out. Bears cry foul, Briggs is already known as a malcontent and doesn't get the play he expected. Add his misplaced Benz episode and vocal opposition to the Tag and he gets to stay in the place he cried about for several years. Poetic justice perhaps. Chalk it up to opportunity for the Bears, they played it right, and Goodell signed our sentence. I think we learned a lesson about trade talks if nothing else. Have some faith that the Commish will pay us back in kind next year when Comp picks are tallied. Right now I'm banking on Scot to patch things up prior to the Draft.

Posted By: Marco from Stockton (26/03/2008 10:04:55 PM)
Comment: Sorry that was 1984 Michael Carter & 1983 Rikki Ellison

Posted By: Marco from Stockton (26/03/2008 10:01:49 PM)
Comment: Jermey, it's been a long time but 1991 Merton Hanks 5 time All-Pro, 1994 Michael Carter 4 time All-Pro, 1993 Rikki Ellison. Different era, we actually had Good Management

Posted By: Razoreater (26/03/2008 8:01:24 PM)
Comment: Alright coach mora, yea playoffs would be the only way we could play this year r i g h t ? besides don't sell our team short dude, u might have underestimated dr. Martz

Posted By: RK in LA (26/03/2008 7:59:48 PM)
Comment: In a very competitive 32 team league, the only way to get to the top is to be at least a little smarter. What is so disappointing about this is how dumb the Niners were. Losing a 5th rounder won't ruin us, but making stupid decisions will. We can all think of some whoppers over the past year. Nolan was in charge all thru the 2007 season.

Posted By: LodiGrapePicker (26/03/2008 7:37:42 PM)
Comment: Meet in the playoffs?? Oh my God...I haven't laughed so hard in a long time. When do you think the Niners will be in the playoffs? We will be better then the Rams this year, but will be sitting on the sidelines again when the playoffs come around. Maybe in a few more years, then let's talk about playoffs. Until then let's talk about just being respectable on the field.

Posted By: Razoreater (26/03/2008 7:09:15 PM)
Comment: our only option for retribution is to pound them into submission on the field, i prey we meet in the playoffs cuz it's clobberin time

Posted By: ERIK (26/03/2008 6:51:27 PM)
Comment: Hey Matt which one of our previous 5th rd choices in this McNolan era have panned out, dont recall too many

Posted By: JEREMY (26/03/2008 5:40:12 PM)
Comment: What is the last 5th round pick the 49ers have made where the player is any better than the average NFL player you can sign off the practice squad?

Posted By: Obama Hussein Dullah (26/03/2008 5:31:50 PM)
Comment: Plain and simple, this team is mismanaged. The 49ers need to be sold to new owners, and Nolan needs to be put out the back door. They did not fight the decision because they got caught...end of story. This season again is starting to look like a bust. I look forward to 2009 when Nolan is gone, and Martz is running the show. Oh ya, let's not forget over rated and over paid Alex "the bust" Smith. I hope he gets traded ASAP....mabe we can get a towel boy for him. This team is sinking lower and lower.

Posted By: oneniner (26/03/2008 5:00:26 PM)
Comment: Dude, I am not commenting to argue with you, I asked a question "how come the bears are being rewarded but the jets were not?"...you thought you had the testicles to respond to the question, and before thinking you responded the bears "presumably suffered as a result of the tampering". Fortunately, I was able to debunk that (A wine that has a weak odor.) idea......now you responded with " Maybe it cost them nothing. I don't know or care.".....Dude nobody forced you to respond to the comment. If you didn't care why did you respond ?......If you don't know, you don't have to pretend you do...... I am not saying you shouldn't have an opinion but at least THINK about it well before you "press submit", especially if you do not care.

Posted By: Saddam Hussein (26/03/2008 4:20:39 PM)
Comment: My WMDs are actually the 49ers management. How can they let this happen? Bad picks. Bad Coaching. Bad Management. Bad stadium. Bad ticket prices. Bad public relations. McNolanYork, a true Weapon of Mass Destruction.

Posted By: SF (26/03/2008 3:48:50 PM)
Comment: I agree with JJ. End the bickering. I really think we need to throw a little more money at Spikes so we don't have to draft an ILB. C'mon McNolan please get Spikes.

Posted By: JJninerFan (26/03/2008 3:32:16 PM)
Comment: Come on poeple give it a rest... whats done is done, who's fault? who cares it won't change the outcome. They need to put thier effort in the draft not battling a lost cause. If you ain't bending the rules you ain't trying!

Posted By: Nevyn (26/03/2008 3:14:52 PM)
Comment: Dude, I get what you're saying. What part of WHAT YOURE SAYING IS IN NO WAY RELEVANT do you not understand. It doesnt matter why the trade didnt happen, nor that we couldnt have extended him at the time. The issue is we let Briggs know we were interested, which affects the Bears position. If we had never mentioned a trade, or talked to Rosenhaus, but Nolan had said in a PC "after the season, we're going to target Briggs in FA", THATS TAMPERING TOO! As to what it cost the Bears, I dont know , but for all any of us know, he may have ended up getting a much sweeter deal from the Bears just by saying "c'mon, you know the niners want me, and you know theywill top that deal", in which case the tampering cost the Bears money and cap room. Maybe it cost them nothing. I don't know or care. The issue for Goodell is setting the precedent. Consider that niner fans didnt care at all about how Smiley left until the prospect that we could get something for complaining. A team can be really mad that you tampered with then signed away a player, but why go through all the rigmarole of filing a complaint and trying to prove your case, if all you accomplish is getting the other guy punished.

Posted By: oneniner (26/03/2008 2:59:08 PM)
Comment: Dude what part of they can't give him an extension dont you get. They couldn't have said "would he take a 50 million dollar 6 year extension to play in San Francisco"....BECAUSE IT WAS NEVER GOING TO BE POSSIBLE ....They could have said come over in a trade and play out the franchise tag and next yr during Free Agency we will sign you to a new contract. Which is the dumbest thing they could have said they will do....Briggs could say YES and when 08 Free Agency comes around he could say NO (your team sucks), "my value is more than 6yrs-50 million"....because we already lost draft picks it would be a lose lose for the niners anyways, we won't have a choice but to sign him to a crazy contract.......again the focus should be on why the bears deserve a reward....the only point you bring is "negotiations for extension"....well i am gonna say it one last time there was never going to be a sit down between Drew and the niners regarding negotiations until 2008.

Posted By: John (26/03/2008 2:39:05 PM)
Comment: Matt, I heard that the NFL also used internal 49er emails as evidence at the hearing. Have you been told anything similar?

Posted By: Nevyn (26/03/2008 2:32:23 PM)
Comment: oneniner, that isn't true at all. If the 49ers call Drew Rosenhaus and say "we're thinking of trading for Lance, would he take a 50 million dollar 6 year extension to play in San Francisco", then even when the trade falls through, he knows that the niners are interested, like him as a player, and consider him worth a 50 million dollar deal. Now, if the Bears are negotiating with him 2 months later and offer him 35 million, warning him that Cato June thought he was gonna hit the jackpot to only to find than no one pays a cover 2 WOLB, he could just laugh at them, because he knows he has that offer topped. He can say "dont even talk to me until your offer starts with a 5". The niners have helped establish a value for him. Even worse, this happened during the season. If a player finds out from his agent that his team is trying to trade him, and he doesn't WANT to be traded, or is MAD that they don't consider him a key ingredient, it could affect his play, his behaviour in the locker room, his likelyhood to resign, and his general demeanor. Long story short, thats why they have tampering rules. Now, there should certainly be some flexibility in HOW MUCH a team is compensated when someone messes with their player, based on the actual results. But there also needs to be consideration given to the consequences that could predictably have happened. In relative terms, the bears got nothing. Andre Carter wasn't tampered with, and we got a 4th round pick for the privilige of him leaving. The Bears got the equivalent of a 6th. Now if Briggs HAD left the Bears, or had sat out after the failed trade or caused trouble, presumably the Bears would have gotten even more. And if our tampering had resulted in us acquiring the player, presumably we would have been penalized more. Bottom line is we got a small penalty, and the Bears got a miniscule benefit. Thats sets a precedent which lets Goodell outright award a tampering team's day 1 pick to a "victim" team if, in the future, a tampering case is brought where the player departs for the offending team (such as the Smiley case, and no, Im not saying we should file a complaint on this one).

Posted By: Reno Roy (26/03/2008 2:31:48 PM)
Comment: New name for the Chicago NFL franchise: the Snitches. The Chicago Snitches. Kinda has a nice ring to it.

Posted By: Nevyn (26/03/2008 2:19:24 PM)
Comment: Dear Wilson, Thank you for your concern and for taking the time to express your opinion. The Nfl is not an elected body, but rather a private, for profit operated enterprise that will act in its own interest and has no duties for disclosure as to the strategies of its own internal operations. And while you're having a natural whiny fan reaction to the lack of information and the negative result, giving you disclosure would just progress your whining to the next step on the ladder. It was a 5th round pick, get over it. If you don't like it, go watch lacrosse. Sincerely, Roger X Goodell

Posted By: 49er69 (26/03/2008 2:07:29 PM)
Comment: Matt, Can you clarify the significance of a Franchise Player signing his tender before the July 15 deadline. I was lead to believe that a franchised player had until July 15 to negotiate a NEW contract with his team. If the player did not sign a NEW contract by July 15 he would be bound to the Franchise Tender offer until the next free agency period begins. If the player does not sign the tender he can't workout, practice, or play.

Posted By: RAIDERNATE (26/03/2008 2:03:27 PM)
Comment: Now can the 49ers switch picks with Miami over Smiley?

Posted By: Bill (26/03/2008 1:56:47 PM)
Comment: The Commish is a moron. When a coach wants to make a point to the whole team, he frequently picks on a star to emphasize the point. Goodell picking on a bottom feeder is an example of ineffectual leadership. He had already shown he was a moron by shredding the Patriot tapes and failing to suspend the coach responsible. This guy is seriously stupid and will predictably make larger errors in the future. Of course, the 49ers are just as dumb. If you ARE sniffing around Rosenhaus, you make sure you complete the call and you make sure you talk about some other issue to justify the call. OR you send Rosenhaus an email or text message to justify your cover story. Basically another black mark for the guy who was the 49er director of all things football.

Posted By: Wilson (26/03/2008 1:56:36 PM)
Comment: Per Cerote's suggestion below, this is the email I sent to Roger Goodell. Of course I have no illusions that it will make a difference of even be read. "Mr Goodell: We the fans deserve to know exactly what the circumstances were under which the 49ers were found guilty of tampering in the Lance Briggs case. The idea that you should be able to make decisions that affect a team behind closed doors, without the light of day being shown on the process, reminds me of secret trials in Russia, Guantanamo Bay, and anywhere that a totalitarian regime operates. You have a duty to NFL fans to let us know the complete facts in the case, so that we can make informed decisions as to whom to blame for this fiasco - 49ers management, the Bears, or you. The secrecy that accompanied this plus the destruction of evidence against the Patriots leads any intelligent observer to the suspicion that you've been intoxicated by power and don't want the outside world to have the ability to evaluate your decisions. Bad move."

Posted By: oneniner (26/03/2008 1:40:59 PM)
Comment: Nevyn...I just don't see how the bears are being rewarded, its one thing if the niners could have had the ability to negotiate a new contract that way making your comment accurate because truly that would affect the bears negotiating position, but REALITY says the niners couldn't negotiate an extension so there was no way the bears would have suffered.

Posted By: oneniner (26/03/2008 1:38:41 PM)
Comment: Nevyn..."They have sole rights to negotiate with their player and when you indicate your interest it changes their negotiating position.".....AGAIN NOBODY COULD HAVE SIGN HIM TO AN EXTENSION ....SO THERE IS OR WAS NO NEGOTIATIONS THAT COULD HAVE HAPPENED-.... The only thing that could have happened was a trade benefiting the bears, if they had traded him, the niners would have lost big time....the bears would have received multiple draft picks from us and the niners would only have Briggs at ninerland with the 1 yr franchise contract he signed.,..-----. What i am saying is if the trade had happened the niners would have had to pay him what the bears were going to pay him (franchise tag) in 07 and renegotiate in 08 to a contract extension which would have been more than what the 49ers were offerring in 07. In 08 Briggs would have had the upper hand in negotiations, not only did we lose draft picks in 07, we won't want to lose a player we traded them for. ......In short we would have traded 2 picks for a player to play 3/4 of one season...... Briggs could have asked for a ridiculous amount in 08 and we wouldn't have a choice but to pay (if you think about it he probably did ask for a crazy amount maybe that was why nobody was interested during FA).

Posted By: Cerote 415 (26/03/2008 12:16:41 PM)
Comment: Here is Roger Goodell's contact info., call and e-mail him to show your disgust with his irrational decision! The more of us who write/call him, the more compelled he may be to revise his ruling. Doesn't hurt to try. Go 9ers!!! Roger Goodell's Email Address (NFL Commissioner): Roger.Goodell2@nfl.net Telephone #: 1-212-450-2000 or (212) 450-2027

Posted By: suckaflea (26/03/2008 11:47:00 AM)
Comment: If anyone is guilty it's the Bears of Entrapment. Check out this story from profootballtalk.com <a href="http://www.profootballtalk.com/2008/03/26/urlacher-was-going-to-change-positions/">Urlacher change rumor</a>

Posted By: SF (26/03/2008 11:24:46 AM)
Comment: All righ guys, we need to get Takeo Spikes' email address or phone # and start telling him we want him here. If he receieves a lot of fan mail from San Fran convincing him to come play for us, it could steer him in our direction. Can anybondy get this kinda of contact info ?

Posted By: 510Niner (26/03/2008 11:22:54 AM)
Comment: Matt, question completely unrelated to the tampering case: Any word on whether the Niners will be going back to their 80's uniforms full-time this season? Making the full-time switch has been alluded to in previous seasons, but I haven't heard anything yet this offseason. Thanks for all your work covering the team on this blog.

Posted By: Nevyn (26/03/2008 10:58:19 AM)
Comment: oops, the last post was me, did not mean to spoof oneniner (obviously)

Posted By: oneniner (26/03/2008 10:57:34 AM)
Comment: Oneniner, damage to the "victim" team is implicit in the concept of tampering. They have sole rights to negotiate with their player and when you indicate your interest it changes their negotiating position. Its not like the bears get a LOT out of this deal, they get a little to set the precedent. If the NINERS had signed Briggs, my guess is Chicago would have gotten a whole lot more and the overall penalty would have been stiffer. I can't speak to how the niners didnt know they couldnt trade for and extend Briggs. That is quite clearly a front office gaffe.

Posted By: oneniner (26/03/2008 10:51:27 AM)
Comment: Nevyn - Again...the trade talks died because Briggs couldn't sign an extension because he signed his one-year franchise tender after July 15.....I just wanna know who how the niners org did not know this.....somebody is getting paid and they are not doing their job....this is unacceptable.

Posted By: Wilson (26/03/2008 10:48:13 AM)
Comment: Here's what my guess is about what happened: The 49ers did or did not discuss Briggs with Rosenhaus. Rosenhaus told Briggs that the 49ers were willing to offer such and such a deal. Briggs told the Bears that he would be able to get that deal with the 49ers if the Bears didn't pay up. The Bears told Goodell what Briggs said. If that was a court of law, and that's all there was, there wasn't enough evidence to convict. Too easy for Rosenhaus or Briggs to throw together some numbers to pressure the Bears. But Goodell, probably power mad at this point and wanting to send a message, didn't need proof beyond a reasonable doubt, just a preponderance of the evidence, or just a hunch. Is Goodell a lawyer, by the way? Or just some guy winging it with regard to due cause.

Posted By: oneniner (26/03/2008 10:45:16 AM)
Comment: Matt - "The league confiscated six videotapes during the investigation"....True.. you could also say they were all recording of the jets since the tapes were never released and we will never know who was on the tape because they have been destroyed....or i am missing something ?

Posted By: oneniner (26/03/2008 10:39:46 AM)
Comment: Nevyn..."presumably suffered as a result of the tampering".....how can GODdell base his judgement on a presumed thought, I would think if the bears did suffer, there would be "real" evidence to support that they did suffer......as far as i know, Briggs did play for them last yr, and he did resign them in 08. The only suffering i can come up with is maybe they paid more than they would have but that again is a "flawed suffering", because nobody seemed interested in Briggs during FA and since he was paid franchise money in 07, in his defense he should be paid franchise money in 08 which i don't think he his being paid. Paying less for a player whom you paid franchise money the previous yr is not suffering.

Posted By: HB (26/03/2008 10:36:33 AM)
Comment: Who dialed Greedenhaus? What are they not telling us? The 49ers have just continued to be a disgrace since the Yorks took over. They are teh worst owners in the leauge and are raising ticket prices? The best way to pay back to yorks and their mismanagemnet is to stop buying new 49er gear or other merchandise, and take away the profit. These clown make the bidwells look smart. Good thing we have the twit child to lean from daddys ineptness and mommys behind the scenes meddling.

Posted By: oneniner (26/03/2008 10:32:47 AM)
Comment: Thanks for the information Matt. I should have said the complaint in spygate was solely based on the jets...... is it accurate to say the jets were the only team that filed a complaint? if not who else raised the Pats taping issue with the NFL.

Posted By: Nevyn (26/03/2008 10:29:55 AM)
Comment: oneniner, the confiscated tapes from spygate showed spying on multiple teams, not just the Jets. Regardless, the difference is the type of infraction, not the victim. One is strategic and field of play, and rewarding the "victim" is just as unfair as anything else. Another is contracts and resources, and one team is the one that was "wronged" and presumably suffered as a result of the tampering, and thus should be offered some redress by the offending team. The only reason that doesnt seem clear in this case is because the Bears eventually resigned Briggs. But that is not to say that the talk of a trade didnt affect his play, and/or drive up the price of the contract they had to give him.

Posted By: tgflynn (26/03/2008 10:26:44 AM)
Comment: The thing that bothers me most about the whole incident is the apparent growing arrogance of Commissioner Goodell and the NFL I can't believe that his action were based on two unanswered phone calls, yet he finds it unnecessary to explain to the fans of the game why his actions were taken. Perhaps he believes there are privacy issues that preclude him from doing that. I would point out that the fans are the only reason for the existence and success of the NFL, and as such are always "an interested party" and entitled to full candor. He looks more and more like the little dictator and that doesn't bode well for the future of the game.

Posted By: oneniner (26/03/2008 10:22:36 AM)
Comment: just one other thing...the crime was against league rules not against the bears. The bears in this case are not victims since nothing was lost due to the "supposed crime". or can someone tell me what they were victimized of?...(again note Briggs could not be traded to another team even if he was convinced the niners would pay him big bucks)

Posted By: oneniner (26/03/2008 10:12:47 AM)
Comment: Aaron...the evidence in spygate was specific to the pats taping the jets...not the pats taping everybody...it would not make sense to reward everybody since they had no evidence, even if it came out during the investigation that they taped everyone. ...its simple the bears informed the league about the niners and were rewarded, the jets informed the league about the pats and were not rewarded.....

Response: The league confiscated six videotapes during the investigation of the Patriots. http://www1.pressdemocrat.com/article/20080202/SPORTS/802020341. --Matt M.

Posted By: Aaron (26/03/2008 9:42:36 AM)
Comment: oneniner, I believe in Spygate case Goodell judged that the Pats had committed that same act against multiple teams not just the Jets, and therefore the Jets weren't entitled to get anything. If the Pats first round pick had gone to the Jets they would have also had to give first round picks to numerous other teams, and at that point the punishment would no longer fit the crime. You just can't split one draft pick 32 ways so rather than give it to someone else it was simply deleted. In this case there was no evidence that the same crime was committed against anyone but the Bears, so the Bears were entitled to some form of compensation. That's just my guess though.

Response: That is correct. I believe Goodell stated that they obtained tapes from six different games and notes from some others. It wasn't just Patriots-Jets. In this case, the commissioner determined the 49ers' actions were designed to specifically gain an unfair advantage against a specific team in hopes of acquiring a player. --Matt M.

Posted By: Parker (26/03/2008 9:38:14 AM)
Comment: Bush's living legacy will be the disaster in Iraq. Goodell's will be destroying evidence to protect the NFL's investment in a so-called dynasty. Now his sudden code of conduct crusade includes this belated slap on the hand for our niners, as well as a ludicrous demand for shorter hairstyles so that jersey names are visible at all times? Mr. Rogers needs to be demoted back to the NFL mailroom.

Posted By: Aaron (26/03/2008 9:25:59 AM)
Comment: Matt, 2 questions: 1. I agree with you that re-signing Jacobs would have been dumb, but the Niners had just released then re-signed Bryan Gilmore so why wouldn't that make any sense? And by sense I mean to you, me, or the average football fan not Mike Nolan, Jerry Sullivan, and the 49ers. 2. Why can't the NFL be more transparent on tampering and Spygate and other team or player discipline issues? All parties can say they simply have no further comment but that doesn't mean the problem just goes away. Whether it's tax dollars for stadiums, merchandise, or tickets people spend a lot of money on sports franchises and, I believe, have a right to know what happened in situations such as these. What does the NFL have to hide?

Posted By: oneniner (26/03/2008 9:20:57 AM)
Comment: I am dying to know why the bears were rewarded for snitching in this case and jets were not in the pats case....

Posted By: Nevyn (26/03/2008 9:02:42 AM)
Comment: Louie, thats the most deranged thing Ive ever heard. Losing a first rounder and paying 3/4 million in fines is a wrist slap but losing a 5th is having your draft seriously damaged? Lead paint may be tasty, but its not good for you ....

Posted By: louie (26/03/2008 8:56:24 AM)
Comment: The 49er management is pathetic and has no respect with the league. That's why the powerful Patriots get off with a wrist slap (and the league tells them to destroy the evidence), and the desperate 49ers have their draft seriously damaged. Hopefully, York will bring in Holmgren next year to run the show (and clean house and start over).

Posted By: Nevyn (26/03/2008 8:49:00 AM)
Comment: NJ-Mike, here are the problems with your statement. 1) Goodell already put everyone on notice, and they all kept doing it. 2) Goodell can only rule on the cases put before him. If no one files a tampering complaint about Smiley or Clements or whoever, Goodell doesn't get involved. 3) Even if there is a complaint, you need some measure of evidence of illegal contact, and "my, that contract got agreed to fast" doesnt qualify as evidence. I think Goodell will be more than happy to pursue any/all of these cases where a complaint is filed and there is some proof. The problem is no one files a complaint because most of the tampering in the league is to get a jump on your fellow bidders, not to steal someone from a team. Usually if someone gets all the way to free agency without a deal they are leaving their team, tampering or no (witness Smiley, who would have had to get no good offers for weeks before the niners would have had a shot). Thats why its interesting to see Herm Edwards whining about getting beaten to the punch on free agents. If Goodell will allow tampering complaints from teams who don't have a player's rights "you agreed to a deal with him before we were allowed to talk to him", then this thing could really get interesting.

Posted By: NJ - Mike (26/03/2008 8:35:22 AM)
Comment: Would Goodell actually dock the Niners a 5th round pick and five positions in the 3rd round with only circumstantial evidence? Of course not. Next question: Was the penalty fair? If the Niners did, in fact, tamper -- regardless of timing -- the answer is yes. Final question: Was the penalty the right thing to do? That answer, regardless of team affiliation, is no. And here's why: Goodell has now essentially opened the proverbial Pandora's Box, but he seems unwilling to look inside it further. That's because he knows it would result in chaos in the upcoming draft if he had to penalize every team that contacted a player early (see: Niners and Clements last year; Dolphins and Smiley this year; and the list is long). The right way to have handled this was to put everyone on notice at the next owners' meeting and make it clear that "tampering" would no longer be viewed as "tradition" by the league, and the first team to get caught "going forward" would pay stiff penalties, including the loss of draft picks. To penalize just one team as "an example" after years of abuse is, well, an abuse of power by Goodell. He's no Rozelle. But he'll have a chance to redeem himself once the Matt Walsh videotape evidence is reviewed. Now THAT will be interesting.

Posted By: DIRTYSECRET (26/03/2008 8:27:49 AM)
Comment: The niners should say that they would have offered "much more" to Briggs than $36 million. Nothing like an angry ballplayer.

Posted By: Nevyn (26/03/2008 8:16:39 AM)
Comment: In Peter King's MMQBTE column yesterday he addressed this, and according to his sources, it was the NINERS who claimed their only contact was 2 missed phone calls about something else, but the league had evidence to the contrary. And I think Kawakami wrote something about that being email records which indicate the contrary. This makes worlds more sense than the notion that the niners denied any contact, and were "convicted" because there were phone records of 2 hangups. But hey, I guess when the league is keeping things this quiet, it gives the team license to quietly leak a version of events that favours them.

Posted By: Nevyn (26/03/2008 8:12:52 AM)
Comment: Matt, a couple of notes. First, on your insistence that the pursuit of Briggs makes no sense. For the most part I agree that he shouldn't be a priority and I was surprised when the rumors emerged. That being said, we could quite possibly have gotten a much better deal from him in a sign and trade that gets him his bonus right away, than in unrestricted free agency, and at the time of the trade deadline we were still in contention, but the linebacker corps was already depleted. We also could have eaten a fair bit of the hit on last year's cap. So it isn't out of the realm of possibility. And this is getting too long so Ill post my next comment seperately.

Posted By: Da Niners (26/03/2008 8:09:08 AM)
Comment: Marcos from Stockton... Did not get chance to reply on your previous response to my point about Staley at LT. Your assertion with regard to a LT ideal size is incorrect. The optimal size and skill set for a LT in the NFL is around 6'6 315-320lbs with EXCELLENT feet and long arms. Staley has excellent feet, long arms, but is around ten pounds lighter than ideal. There is little question that the offseason program will take care of that problem. Interestingly, Jake Long, the top tackle in this years draft is generally considered a better RT than LT because he has good, rather than great feet. From that, we should assume that Staley (with TE feet) projects as a better LT than the consensus top tackle in this years draft. Oh, and by BTW Matt Light is still around 305 and made the Pro Bowl last year.

Posted By: oneniner (26/03/2008 8:01:25 AM)
Comment: i think the Mcnolan messed up, the issue is not only with the crazy commish. .....they have to take some of the heat on this.

Posted By: txtumbleweed (26/03/2008 7:55:30 AM)
Comment: Why is the Comish so secretive about eveything? Why don't they bring all the facts out and be done with it? I'm beginning to think Bush and Cheney are behind the whole thing. I'm sick and tired of all the secret BS going on and the Comish acting like he doesn't owe the fans an explanation about anything.

Posted By: StonerLab (26/03/2008 7:44:41 AM)
Comment: Matt, It's obvious that there was more to the evidence of "tampering" than just the 2-20 second phone calls in order for Goodell to make a fair ruling. That being said I just read Tim Kawakami's blog on the Merc & he states that their was (allegedly) e-mails that were retreived from some of the 49er's front office computers. Your thoughts Matt?

Posted By: oneniner (26/03/2008 7:41:30 AM)
Comment: C.A Grimes - you are missing the point....."Briggs couldn't sign an extension because he signed his one-year franchise tender after July 15" ....so there was never a need for the trade talks.

Posted By: GiantNiner (26/03/2008 7:23:42 AM)
Comment: Can we get back to talking about the draft and how the Niners will look next season

Posted By: C.A. Grimes (26/03/2008 7:15:49 AM)
Comment: Matt you do a good job so don't take this the wrong way, but apparently you've forgotten that our WRs' weren't exactly playing well at that time during the season. On top of that we were playing musical players with two of our players rotating them in and out of the practice squad. So it makes sense that although they sent Jacobs packing they would try to bring him back. Remember Gilmore? Unceremoniously dumbed and then brought back. Don't know why we didn't try to get Maxwell back instead since he was the better of the 3 but I think he as with another team at that point. Listened to you on KNBR the other morning and while I agree that Briggs would have been a bad fit, you know the old cliche "Desperate Times call for desperate measures"? Well it's not a cliche because it's not true. At that time of the season we were getting thin at LB. Hannibal Navies was being rotated(due to injury) to bring Keasay in, Lawson out, and not much of a Defensive threat from Smith. Even I would have entertained the thought to bring him in. Willis had his busted hand at that time too, so I would not doubt that played a part in contacting Chicago about the trade. Anyway just something to keep in mind about the issue. I put a curse on the Bears. The Cubs will see a World Series before the Bears see another Super Bowl. Given their track record the Cubs have no shot at one any time soon. Also the stance not to appeal it(whether they could or not) is the right one in my opinion. Our team is pretty well informed about players in the draft so they probably adjusted their strategy already. Keep up the good work Matt.

Posted By: Ryan (26/03/2008 6:16:24 AM)
Comment: Everyone needs to call Drew Rosenhaus at Rosenhaus Sports and tell him to come clean with the commissioner about whether the 49ers talked to him about Briggs or whether he was just trying to jack up the price on the Bears!! ROSENHAUS SPORTS 6400 Allison Rd Miami, FL 33125 (305) 936-1093

Posted By: oneniner (26/03/2008 6:10:42 AM)
Comment: maybe Brigss testimony is the missing piece......i still don't get why he rewarded the bears, the jets were not rewarded for their snitchin (which was bigger than this).

Posted By: buzz (26/03/2008 5:29:55 AM)
Comment: I say don't get angry ...get even!Wait for the appropriate moment in the draft...on the field...then exact action ! Whatever occured behind scenes ,the Bears got Briggs and then violated an unspoken rule between gentlemen- the whole event should have been handled sub rosa between the two teams!

Posted By: Gregory (26/03/2008 5:18:33 AM)
Comment: Matt, I was the one who asked the question about the NFLPA website Active Player Search in the previous posting (Niners' lost pick). Thanks for the reply! To clarify, the Active Player Search that was available to the general public listed all the players under contract for each team, the years each player was under contract, and the base salary for each year. It didn't list anything else. Information such as roster bonuses, signing bonuses, workout bonuses, incentives, etc., weren't accessible in the general public version. The media version might have included more details than the general public version. I know that the people who run the various unofficial team salary cap pages used the general public Active Player Search as one of their resources, including the guy(s) who do the unofficial 49ers salary cap page that you have linked. (I'm not affiliated with any of those salary cap sites or their webmasters.) Thanks again. ... Sorry to again digress from the topic of the posting.

Posted By: Medford (25/03/2008 11:31:04 PM)
Comment: Matt plain and simple they messed up!!! I just dont understand the switch with the 3rd pick that doesnt seem fair if we had signed Briggs in free agency then it would be a different story but we didnt. Why did the commish have to put more salt in r wounds?

Posted By: Marc - NJ49er (25/03/2008 10:42:42 PM)
Comment: Once you have his attention and get his guard down, kick him in the teeth.

Posted By: Marc - NJ49er (25/03/2008 10:40:47 PM)
Comment: Bear hunting season started yesterday. Start gathering support and look to Packs/Lions/Vikes for anything we can to bag a Bear. Like little Brother tattling to Dad, put an alka seltzer tablet in his jock and make him sweat.

Posted By: LodiGrapePicker (25/03/2008 10:28:44 PM)
Comment: Erik, very good point. Something in the story is missing.

Posted By: Erik (25/03/2008 10:21:49 PM)
Comment: Matt - With all due respect, I think you're getting hoodwinked by your sources, who I'm guessing have some allegiance to the 49ers, or at least something against the Bears. What no one is talking about or speculating upon is what evidence did the Bears have? How would they have even known about 2 missed calls on Rosenhaus's phone? I don't see how it would have been in Rosenhaus's interest to inform them so I'm guessing they have something else more concrete. It seems like there is more to this story than your sources are letting on.

Response: Haven't I been saying that all along? This whole episode is bizarre. Nobody has the entire story. But, also, nobody has disputed the version of events that has been reported. I'm sure what's been reported is true. But it's not the entire story. I recognize that. Don't expect the Bears to spill the beans. They already have their improved draft status, and Goodell has apparently placed the teams under a gag order. --Matt M.

Posted By: ninerbob (25/03/2008 10:19:28 PM)
Comment: What's with everyones whining. Everyone was saying this about the Warriors ownership 15 years ago...we've been suffering this product since 2002; I am afraid this may only be the Twardleman phase. We still have a ways to go Carlisimo, Musslemen,...at the very least WHY IS SULLIVAN STILL HERE?!?!

Posted By: LodiGrapePicker (25/03/2008 10:18:33 PM)
Comment: Either the Niners keep getting bad luck breaks, or their management sucks. I choose the second option. This team seems to be ran by a bunch of dopes....from owners down to coaches.

Posted By: AXEGRINDER (25/03/2008 10:07:21 PM)
Comment: Frankly, who cares what Goodell believes? The bottom line is the so-called proof the NFL has is 2 missed phone calls That doesn't sound like proof to me. It sounds like a bunch of BS. He should not be allowed to get away with this. Goodell is like absolute judge and jury. But who is there to hold him accountable? No one.

Posted By: contrarios (25/03/2008 9:33:16 PM)
Comment: Reminds me of the Terrell Owens fiasco when the team thought Owens didn't opt out in time. It turns out no one read the contract until they went to arbitration. Now they didn't know Briggs couldn't sign a contract because he signed his franchise tender after July 15th?

Posted By: StonerLab (25/03/2008 9:23:45 PM)
Comment: Grant from Canada, You might be "dead on" on your theory that the Bears for their part (snitching) got the swap of 3rd round picks. Goodell has now set a new precedent for any Team in the League to snitch when "tempering" issues remotely come up from here on out. Even though the 49ers were the very "1st" Team to get the shaft, It was a smart move by Goodell to now turn every team into a potetential "snitch" . It helps Goodell in policing the League so he doesn't have to do it by himself. I think it was brilliant!

Posted By: MARCO from New York (25/03/2008 9:19:01 PM)
Comment: Worst ownership in team sports, and a head coach that most pop warner teams would be laughing at. Our beloved team has become the Cardinals/Bengals, (ie laughing stocks)!

Posted By: Rich, San Ramon (25/03/2008 7:26:07 PM)
Comment: Matt, if the NFL wanted its reasoning to be understood, its proceedings would be open to the public.

Posted By: Ima Ninerfan (25/03/2008 7:12:48 PM)
Comment: Alameda Bill is too smart to be a Raider fan!

Posted By: Giovanni Carmazzi (25/03/2008 6:47:47 PM)
Comment: Matt, who represented the 49ers in the hearing in NY? Your previous post said that Salkin wouldn't say.

Posted By: Giovanni Carmazzi (25/03/2008 6:45:47 PM)
Comment: What a weak result for the 49ers. Matt, who was in charge of representing the 49ers at the hearing? Your previous post said the Aaron Salkin "wouldn't respond to this question".

Posted By: Carl (25/03/2008 6:19:19 PM)
Comment: Anything that Kawakami says should be verirfied, twice. That said, because of the draft pick swap, there must be more to the story than we've heard. Otherwise, yes, the Bears are being rewarded for snitchin.

Posted By: Frank Nunley (25/03/2008 6:02:10 PM)
Comment: Check out Kawakami's blog at the SJ Mercury News. He claims that the Niner's front office had a number of emails around the time of the two unanswered calls to the agent that imply they wanted to talk contract. The league office asked for all the emails, and based the decision on them.

Posted By: drummer (25/03/2008 5:15:24 PM)
Comment: Wow Alameda Bill, you DO sound like a Raider fan, LOL.

Posted By: Alameda Bill (25/03/2008 5:02:36 PM)
Comment: I hate to sound like a Raider fan, but let's face it. There isn't a lot of love for the 49ers in NY. Goodell has to live in NY. A city that believes that it deserves to win every major sports championship in the land. The 49ers have simply won too many Super Bowls to get the benefit of the doubt from a New Yorker. We got the shaft. It's over. he ears come to town in '09 after playing them on the road 3 straight times '04-'06. They will go home like after their last visit a 49 - 7 49er win

Posted By: Grant from Canada (25/03/2008 4:45:56 PM)
Comment: Sounds like McNolan got caught with their collective hand in the cookie jar. Ironically, their denial (after the fact) that "they like cookies at all"--i.e. their denial that they wanted Briggs to begin with--effectively worked against them. Then again, I'm not sure what they could have done differently at that point. What I don't understand is why Goodell flip-flopped the 3rd round picks: is this an incentive for subsequent teams to blow the whistle?

Matt has MOVED! Check out the NEW 49ers blog at pressdemocrat.com/49ers

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