Report: Ahmad Brooks accused of sexual assault

The woman who accused Ray McDonald of rape is suing Ahmad Brooks for sexual assault, according to TMZ.

The woman claims Brooks “groped her person in a sexual manner” when she was unconscious at Ray McDonald’s house. McDonald currently is suing her for defamation.

To read the full report from TMZ, click here.

To read the full complain, click here.

  1. Get rid of him along with Bruce Miller. It’s not like we are going to be in the playoffs next season. Then Baalke and can a field goal kicker in the third round.

    1. @Neal,

      Oh so the 49ers aren’t going to the Playoffs next season eh?

      And you know this to be fact because?

      Hey then don’t Post or watch them next season.

      Beat It Loser

      1. Folsom49er,
        What Neal regarding the playoffs said makes sense. It’s not a fact, but its common sense. The team was 8-8 last year and proceeded to downgrade its coaching staff, lost veteran talent/leadership, and has failed to replace that loss via free agency and the draft. The roster is weaker, the coaching staff is unproven, and you expect improvements over last year’s 8-8 record?

        1. @Nick,

          Yes you pose a very Reasonable Argument. But I recall a certain College Head Coach rolling into to town several years ago with basically a brand new coaching staff & working with a Players Strike against him no less & by mid-season that year the 49ers were going to the Playoffs.

          My Point is nobody knows anything right now & call me crazy but until I “see” something tangible there’s no sense in being Brother Bummer. Agreed?

        2. Thanks Nick,

          There is a difference between delusional and a diehard fan. Many fans on this site including me don’t think the Niners will win more then 6 to 8 games. I would love them to go 12-4 but it’s not going to happen in my opinion. Call me a loser Folsom, classy guy

          1. This place at times turns into an echo-chamber. They react emotionally to every comment that they feel is an attack on their team.

        3. On the flip side, the team had major on offense injuries to Anthony Davis, Daniel Kilgore, and possibly Vernon Davis. Torrey Smith is a huge upgrade in terms of fit over Crabtree. Jonathan Martin is gone and Marcus Martin should be much improved going into year 2 should he be tasked to be the starting LG or fill in for an injury.

          If Lynch takes a step up in year 2 and Aldon regains his form, they’ll have a formidable pass rush. Bowman & Dorsey will return. Brock, if he can stay healthy, is better than Culliver and Cox. Dontae Johnson should also be improved in year 2. Dockett/Dial should cover the loss of RayMac.

          really the only irreplaceable loss was Justin Smith. but maybe Carradine/Armstead will surprise. we’ll see whether the committee of Hyde/Hunter/Davis/Bush will be as effective as Gore.

    1. Neal- Heck I seldom make corrections. People can or should be able to figure out what was meant to be said.

  2. Brooks is a good football player; besides that, it’s not my business what he does outside of football, nor do I care if he’s a model citizen. Whoever that girl is, I do not think she’s the type you would bring her to meet the parents; more like a gold-digger type opportunist that loves to set something up, so she can sue someone. Athletes are just athletes, and often time lack the smarts to deal with these type of scammers. Even the smarter ones like Tiger Woods and Kobe Bryant had the fair share of trouble dealing with these gold diggers, and they paid huge penalties for it.

  3. This is bull stupid females don’t got nothing better to do. These football stars need to start calling escorts instead of dumb gold digging hoes

    1. Niner- Dating “Gold Diggers” is very apropos to this team. We need to remember that all 49er’s were by definition literally ” Gold Diggers” themselves.

  4. This may be a stupid question but I’ll ask it anyway: How would she know he groped her at all if she was unconscious? I’m guessing like McDonald, Brooks won’t have any charges filed against him. Sounds like this woman is either bat sh*t crazy, or wants attention.

    1. Exactly what I was thinking. Maybe she was also astral projecting at the time, so “witnessed” the event while unconscious…

          1. No but interpretation of the video can vary. What she believes is groping, may not be to an objective eye.

              1. I should know better. It’s that Jed York fueled pessimism clouding my judgement again.

    2. The article over at NN mentioned that video-taped surveillance shows her slipping and falling. Presumably said tape would also show the alledged groping if it in fact occurred.

  5. You may think that the women might be a gold digger or a opportunist and she might be but these two guys are not model citizens either. Didn’t Brooks hit a teammate with a beer bottle across the head ?

    1. Yes he did, but no charges were file during that beer bottle incident. I forgot who that teammate was, but it was a backup lineman…who’s no longer on the team.

    2. it’s gold diggers vs. dumb athletes. let’s just say neither of these types are people you want to hangout with.

  6. If true then Brooks needs to go, but this reeks too much of someone wanting to exort a person after they failed in doing so with another.

  7. This lady is a grade A skank. I’m sorry, somebody has to say it. She lied about being raped and McDonald showed a video in court that proved she was a willing participant. He then filed a defamation lawsuit against her. Now, she’s probably trying to cover her lawyer fees. These guys are just ghetto as sh#% or their egos don’t allow them to see these women for who they are.

    That being said, Brooks is the same dude that beat up a teammate for trying to save him from drunk driving and wasn’t released. Good job, Baalke.

  8. These players need to realize this is the type of “scandal gate” that results when you are obsessed with “deflating your own balls”.

  9. Well, on a personal level, I have to say I wouldn’t be sad to see Brooks let go, even if he’s done nothing. Not the first time he’s been linked to questionable acts, and I wasn’t impressed with his attitude last season (turned up out of shape, bickered with coaches). And they already have Lynch in place to take his spot.

    Not saying they should let him go, just wouldn’t care much if they did.

    1. I agree with you Scooter. Whether he’s guilty of this or not, he does have a sordid history and he’s likely in his final year here regardless.

  10. Maybe Mary can shed some insight into the situation. The again since the SB debacle, she has been very quiet!

  11. Why wait so long to file a suit?
    When something smells fishy, it’s usually fish.

  12. Is anybody else having problems with the thread always jumping to the top? If I’m scrolling down and reading posts, the screen will jump up to near the top of the thread. It’s happened twice while typing this post.

    1. Scooter: Check out the link I posted. Fucillo opines on whether or not he could be lured to the 49ers. He makes sense in that it will most likely not happen.

      1. Fair points made, but the 49ers certainly have an open spot he could compete for at LG this year that they didn’t address in the draft, and he could also be the swing tackle. Down the track he could shift to OT if the team feels he has that skill set.

        He won’t be guaranteed a starting spot anywhere he goes, and without going back and checking I’m assuming all the teams that desperately needed an OT heading into the draft took one in the draft fairly early.

        1. You could be right, but I’d be surprised if there isn’t an OL needy team (think Seattle) that wouldn’t gladly sign him and he’d have little competition. On the niners there would be a fair amount of competition. But like you, I haven’t really checked to see which teams are truly OL needy.

          1. I can’t imagine there is another option. If any top round pick could just decide not to be drafted and then select the team they really wanted to play for as a UDFA at close to 1st round money, the draft would become a travesty.

        1. Yes, it does have to be. My understanding is he will be on the set UDFA salaries, and each team is given $100K maximum limit on UDFA signing bonuses. He’s going to be cheap, and he has little choice as he has already been denied re-entry into the 2016 draft.

            1. If he really is innocent in all of this, I feel sorry for him. He’s lost millions in earnings as a result.

          1. I’d love to get him and was pushing for it along with Big Niner on draft day. I think we should have drafted him and I would have done so with that last pick.

            1. Interesting thing though is if he’d been drafted, there is precedent for him to have forgone the 2015 season and re-entered the 2016 draft. It was only in the event he went undrafted he would not be able to re-enter the 2016 draft, as goes my understanding of the situation.

              1. I never understood that. I don’t understand why the team that drafted him wouldn’t still have the rights.

              2. There needs to be an amendment to account for this. Its why its so hard to convict someone, to prevent convicting an innocent person. One innocent person convicted is worst then many guilty ones that get away.

              3. If he is innocent, it does seem completely unfair to Collins to expect him to play for the minimum given what he most likely would have received if none of this happened.

              4. I agree, but what else can be done? I understand there is a supplemental draft, but I know nothing about how it works. Is that an option?

              5. Not after the league forced him to stay in the draft it isn’t. Because of that, he has no option but to sign for what an UDFA would get.
                I fully expect this to be a hot topic with the next CBA.

              6. What was this in response to Mid?

                Are you saying you don’t think a fair solution would be to allow him to enter the supplemental draft? I can’t think of any fairer solution. Who does it harm?

                I understand that as it stands he is not allowed to enter the supplemental draft, and his only option right now is to sign an UDFA contract. But as I said don’t think that is fair to him, assuming he is innocent of any wrong doing. Not by a long shot. The NFL should make an exemption.

              7. I think you missed what I was saying Scooter.
                What I am saying is that he won’t be allowed to enter the supplemental draft because the league forced him to go through the whole seven round process. He would be able to had they allowed Collins to pull himself out. Would it be fair? Absolutely, but I don’t see the league attempting to be fair after doing that. And like I also said, I fully expect this to come up in the next CBA.

              8. I understand that as it stands he is not allowed to enter the supplemental draft, and his only option right now is to sign an UDFA contract. But as I said don’t think that is fair to him, assuming he is innocent of any wrong doing. Not by a long shot. The NFL should make an exemption.

                That’s pretty much what I was saying when it was first reported that Collins was wanting to pull himself out of the draft and enter the supplemental draft later. The league handled this in the worst way.

              9. Understood. I am aware he is currently not allowed in the supplemental draft, but that wasn’t what cubus and I were discussing. We were simply discussing what we think would be a fair solution/ outcome in these circumstances.

                I don’t expect the NFL to allow him into the supplemental draft. I do think they should, though. Of course this is all assuming he is cleared of any wrong doing.

              10. That was in response to your 10:11PM comment Mid. I hadn’t seen your 10:18PM comment.

              11. why couldnt he play in the CFL for a year then become a free agent .didnt warren moon do this?

    2. Glad to hear it. He was my favorite mauler. I wish him well, and maybe Coach Henry has some pull….

      1. Shoot him an offer at max UDFA pay and loaded with incentives to help recoup some of that ‘lost’ contract coin…..everybody else will be doing it….He may come out of this with more than a contract would get him. It just might pay to be honest and above-board

    1. Didn’t you say the same thing about the 2014 corners? According to Barrows, Reaser is in the mix for corner and k/p returner. Pryor should go to Canada, or better yet join Borland in an outreach program. Thomas will be fine, and I doubt Collins picks the 49ers. I think they wait to see how things shake out at ILB and maybe after the date certain sign Briggs or grab a player that’s released. Moody is a guy to keep an eye on. I think Johnson, Acker, Reaser are three guys the 49ers really like and part of the reason why they didn’t draft one this year….

    2. 5. That isn’t correct Grant. We actually have more if you looked into it.
      4. I agree on the idea of trading for Glennon. He’d give the team a better backup option than Gabbert if we lost Kaep for the season.
      3. Thomas will be our LG. If not, then either Martin or Kilgore will take over the position. Mathis is an option if we have several injuries at the position.
      2. I would love to see Baalke trade for Kendricks, but it’s not going to happen because Kendricks is in the final year of his contract and due for a big pay day during the next offseason.
      1. Kirkpatrick fifth year option was exercised by the Bengals so I don’t see him as a trade option unless Baalke is wanting to overpay in order to pry him away from the Bengals and then extend him.

    3. Baalke has said previously they are always looking to upgrade the roster, so I’m sure he will still be looking at what’s out there. But I don’t think the 49ers will be looking too hard to add more vet players from the currently available pool unless there are injuries. They’ve been available for a while now, and if Baalke thought they were worth taking he would have done so.

      The same can be said for guys that were known to be available for trade, such as Kendricks. If Baalke saw any of those trade options as better than what they have/ worth the price, he’d have traded for them using this years draft picks.

      Maybe if a better option than they currently have on the roster becomes available, e.g., if a vet gets released post June 1, they might look at it.

      1. They’ve been available for a while now, and if Baalke thought they were worth taking he would have done so.

        I don’t think that’s entirely true Scooter. For instance, there has been an indication that Baalke has been willing to wait until sometime after the draft to add Briggs because he wouldn’t cost Baalke any of his picks.

      1. Brady is a coward. I had so much respect for this guy and looked at him as one of the all time greats. Between this incident (which had been going on for quite some time) and Spygate, his legacy is severely tarnished.

        I think the PSI thing is kind of lame, but Brady obviously thought it gave him an advantage, which is why he broke the rules in a deliberate and extremely organized manner. He did this over an extended period of time. He also won three Super Bowls by the skin of his teeth with the benefit of knowing (at least part of) the defenses signals.

        Robert Kraft is a punk that hides behind his self-perceived moral superiority, which is derived solely from being a rich owner and buddy of Goodell. His ego was on full display when he convinced himself that the “Patriot Way” had healed and changed Aaron Hernandez, who is now facing a double murder charge after already being convicted for the murder of Odin Floyd. Absolute power corrupts absolutely.

        Instead of acknowledging their deliberate lying and cheating, they will put all of their energy into dropping 60 points on the Colts this season. They like to think that they’re sending the world a message of innocence when they are just showing the world the real Patriot way.

    1. Jackie MacMullen wrote a piece on Brady about how he needs a do-over on his denials. So often the cover-up is more damaging than the ‘crime’. She opines that he should have said he was bending the rules to get the ball the way he likes it but that he never meant to hurt the integrity of the game. He’s still going to pay somehow in that case, but he’d maintain more respect and less lasting damage to his reputation.
      He knew he was guilty of breaking the rules, and he’s a week out from the SB and didn’t want anything to mess that up, so he lied instead of being evasive but avoiding lies. Evading or not answering questions in depth would have gotten him past the SB and then pay the piper.
      Tom forgot something: in our day and age there’s no such thing as a private conversation any more. He was never going to get away with lying.

      1. PS-
        To me the punishment for Brady should be just one game. If a MLB pitcher is caught doctoring the ball he gets tossed in real time. That’s not going to happen in the NFL, so you toss him his game later. Then maybe there’s some sanction against the team, but then let’s move on.
        I still have fond memories and respect for Gaylord Perry, but everybody knew…..

        1. It’s not just the deliberate cheating, it’s the arrogance he and the Patriots display when caught. “There was no smoking gun.” Maybe not, but that’s because Brady didn’t cooperate by giving his phone to investigators.

          1. Kraft has been wrong through this entire matter and said too much. He continues that defiant tack, but to what end? Everyone knows now.
            BB was speaking straight it seems, but he didn’t over-extend like Kraft did because he understood that if something was done to the balls that Tom had to be behind it.

        2. BT.
          In the real world of modern sports, The Pats should be striped of the SB Trophy. They cheated. What is the difference between the Pats and Lance ? They both cheat!

          1. Hack-Respectfully disagree about giving up the SB trophy. That seems too drastic in my opinion, but I can understand how you and others feel that way.

        3. Why would Brady need to give up his phone over some under inflated footballs? I know I would not. Can you imagine what else might be on that phone.

          1. He didn’t have to and he didn’t. He didn’t because he had something to hide. The investigators already had corroborating texts from Brady on the ball boys phone. They wanted his phone because it was the “smoking gun” in the case. He didn’t cooperate, which was and should be viewed as a sign of guilt. He’s a liar and a cheater. He has been for years. His legacy is tarnished.

            1. So Brady will be suspended, but what about Belichick? Like Sean Payton, he’s responsible for the actions surrounding the team as well, correct?

              1. Probably not in my guess. The team will be sanctioned somehow as punishment for the equipment guys’ actions, in addition to what Tom gets.
                OTAs pretty soon? It would be nice to get back to football.

  13. All it takes to file a lawsuit is a typewriter and the filing fee, which is often waived. You don’t need facts, witnesses, evidence or anything else. Keep in mind that her action is a cross complaint, which means she was sued first. If her case against Brooks was so strong, why did she wait to be sued first??

    1. Apparently it is a 3-year, fully guaranteed contract worth $1.65 million. Given he has yet to be cleared, big risk giving him a fully guaranteed contract.

      1. This was a major mistake by the Niners not signing this kid. They should of got rid of that bum Boone and given Collins a starting job. 3 years 1.75 mil for a talent like Collins is laughable. Worst case scenario something comes up you cut him big deal. He would of drastically changed our offensive line.. Unreal!!!!

        1. I’m pretty sure Collins had a little say in the matter. My guess is he’s on the team he wants to be on. Given the reports that most if not all teams contacted his agent I’m guessing it really wasn’t as much of a bidding war as it was Collins deciding which situation sounded the best to him and you have your answer.

          1. Yep. All teams were limited in what they could offer him, so it didn’t come down to money. The fully guaranteed contract likely would have had some sway in the matter though.

          2. Okay, what’s the excuse about not taking Collins with a 7th rnd pick. They had a chance to draft a first rnd talent at the end of the draft. Instead they drafted a TE who will not make the team. That’s idiotic. Drafting a punter in the 5th makes more sense.

            1. The same excuse and reason that the other 31 teams passed on him as well even in the 7th round.

            2. My understanding is if he had been drafted he would have been able to sit out the year and re-enter the draft in 2016. Its also worth noting that information on the situation was very limited throughout the draft process. Its only since he met with police and was confirmed to not be the father of the child that talks between him and teams became serious.

        2. Well, the big deal would be it is fully guaranteed. The Cowboys can cut him, but they’d still owe him the full $1.65 million. Not a good look if you gave the kid $1.65 million fully guaranteed and then it is found he is complicit it in the murder. Cowboys have taken a risk.

        3. CK=

          Why are you so down on Boone? He’s one of our best Olinemen, and he’s only doing what any of us would do in the same situation. If you intend to be seeing CK upright for this next season, you better be keeping Boone happy…HE’S GOOD !

          1. I just don’t respect a guy who holds out the way he did and then performs terribly all year. Balke gave him an opportunity when NO one else would cause of alcohol problems and the moment he has a couple productive years he holds out. I think he is easily replaceable and I expect that to be the case sooner rather then latter. He was healthy all last season and he was awful. Just my opinion.

            1. Boone started off slow due to the holdout, but he was pretty good from week 6 on.

              A full preseason should get him going and a healthy Davis on his right side will help out as well.

            2. CK=

              The niners gave him a number and it didn’t fit what he was worth…so he balked (no pun) The niners got him out of college and for a bargain contract. I never heard that none of the other teams would give him the opportunity; it’s just that the niners DID first. that they wanted him for a second bargain contract was not right….so he held out…at the insistance of his agent. ‘You wouldn’t do the same ? Kudos to the 49ers for helping him in his personal fight against alcohol, but they’re the ones who benefitted from having him on the field….I only hope the FO is smart enough to extend him for another 3-4 years.

              1. Oregon,

                Boone wasn’t forced to sign a long term deal before he was a starter. The team did that because they saw potential in him and overpaid for what he was at the time the contract was signed in hopes he could develop into something more. They took the gamble; not Boone.. He didn’t seem to complain when he got some nice upfront money for being a Swing Tackle. Last year he was coming off of an inconsistent season in 2013 where he was ranked in the bottom half of all OG’s by PFF. Holding out created a poor start for him and damaged his value imo. If he does it again this year, he is truly a moron because it will only hurt his value in FA after the season.

              2. Rocket….

                I’ll admit that Boone was a gamble, but in reality…not much of one. He had been talked up as a #1 draft choice, with some attitude. In the world of NFL football, a good player is going to get 3, maybe 4 contracts in his career. Normally, a player gets 2, and part of a third , and to give in to FO for two of those contracts would have given him no bargaining power. He’s just saying “Go ahead…trade me , cut me, or pay and play me”. It’s in their hands, and many teams are licking their chops at the possibility of picking up a quality OLineman for the price of a Big Mac. Don’t get too power mad about dealing with our OLINE . Remember what Erickson had to play ball with.

  14. On Rotoworld – maybe this partially explains why DGB wasn’t a first round pick:

    “One AFC OC said Dorial Green-Beckham was “completely lost” when asked to go over plays during a pre-draft visit.

    Thanks to a laundry list of off-field issues, Green-Beckham did not play football in 2014. It’s not a surprise that he struggled to grasp concepts and playbooks as he’s been relying on truly unique natural ability for his entire career. The Titans are betting on physical talent here, hoping DGB doesn’t end up like Cordarrelle Patterson or new teammate Justin Hunter. “Whoever takes him better have a plan for him because it could be rough early on,” the AFC OC said.”

      1. That occurred to me, but that leak would be most effective before the draft to potentially scare away other teams. But now that the draft is over, not sure what the value is of continuing such a “lie”. They got their guy.

        Do you have a different theory?

    1. I’d read rumors out of the Combine that he was unimpressive in football intelligence. I never know if I should put much stock in those little unattributed remarks, but if you get it from more than one source….

    2. With DGB’s skillset..I wanted him here…Baalke doesn’t put too much stock in any receiver who Kap works out with it’ s committed to seeing his draftpicks pan out or pan away..Which gives me the feeling Patton and Vance are do or die this yr..and possibly Ellington.If any of those undrafted guys are Better than them..U got to put them on the team.We’re building this core around Torrey..We need different skillsets to complement him..Boldin is short term..Simpson short term..Im intrigued by some of the undrafted’s wrs I must admit..Dres Anderson,Darius Davis,Isaac Blakeney,DeAndrew White…

    3. Finding about four articles about this was one of the reasons that I didn’t see him a first round pick.

  15. Here’s a tape study article on Arik Armstead by David Neumann. Apologies if this has already been posted.

    Neumann is pretty capable. Here’s a paragraph from the Bottom Line on Armstead:

    “I’m not sure Armstead possesses that one special trait that will get him on the field early. He’s all potential at this stage; every single area of his game needs work. Even when it comes to areas of his games that are relative strengths, such as his powerful hands and initial punch, he’s not consistently able to utilize those traits to make plays. In fact, Armstead didn’t make many plays in college, period. To this point in his football career, he’s been one of those guys that’s consistently almost making plays, but rarely actually making them.”

    1. “Tomsula and his staff might very well be able to harness Armstead’s physical tools into a quality football player two or three years down the road, but he’s going to have to be a miracle worker to make it happen by September.”

  16. From Maiocco on Smelter:

    “But Smelter’s most-shocking measurable is the size of his hands. At the NFL scouting combine, hands placed on a flat surface with fingers spread apart. The measurement is from the outside of the thumb to the outside of the little finger.

    Smelter measured at a shocking 11 inches. Only three of the 44 receivers invited to the combine were within an inch of his hand size — and nobody was within a three-quarters of an inch. The 49ers raved three years ago about Jenkins’ hand size, but he was only 9 ½ inches.

    Odell Beckham’s incredible catches last season as a New York Giants rookie was partially explained by his hand size. But his hands measured at only 10 inches.”

  17. Reading through the football news it’s of course dominated by Brady. I will say that when there is an investigation you’d hope it would uncover some fundamental truths. This one did. Two things that are sure take aways:
    – Tom Brady’s agent, Don Yee, is a delta bravo and a spectacular liar.
    – Don Yee thinks we’re all stupid or he wouldn’t be running this drivel out in public expecting anyone to buy it.

    1. BT:

      I haven’t been keeping up with this situation, but read an article by Florio over on PFT. He seems to think that Brady had a duty to turn over his cell phone without a subpoena.

      What’s your take on this. As an employer myself, I don’t think the NFL should be able to force their ‘employees’ to do things that other employers would strictly be forbidden to do by law. I suspect if I did that I would get sued out the ying yang.

      Florio said:

      “Also, it’s misleading for Yee to rely on the lack of subpoena power. The NFL has absolute employment power over all players. Whatever it requests as part of its investigation, the NFL gets. If the NFL doesn’t get it, a separate basis for discipline arises.”

      I’m not making any comment about the guilt or innocence of anyone on the Patriots. I really don’t know and haven’t been following that part. I’m just curious what your opinion is with regards to this “absolute employment power”, where he seems to believe the NFL can require cooperation even if it circumvents laws or established norms whereas most other employers could not.

      1. For advice on law and legal semantics JPN will be a much better source than me. Given that, I saw where what was requested was a log of specific calls,and subject matter, not the full phone record or the phone itself. It was suggested that Brady’s lawyer and agent would cull out a good faith log of just those calls to forward to the investigators. That doesn’t seem all together unreasonable.
        Because the NFL operates under a tolerance for anti-trust exemptions at the discretion of Congress, there are a few differences in terms of employment for players and coaches than for you and I.
        As Pollian said yesterday, players are expected to defend their interests vigorously with the NFL, but are expected to co-operate and be truthful.
        So no, they couldn’t compel him to turn over even the specific texts and call logs, but his non cooperation is not without costs under the personal conduct clause.
        Even in our “lay” world, if my conduct on or off the job casts a poor reelection on my employer they can find cause to terminate my employment. In today’s world though they better be able to prove it.

        1. The whole “subpoena power” discussion as it has been framed by Yee is a red herring. Only courts and (some) legislative bodies have true subpoena power. Thus, Yee’s statement is true, but it is essentially meaningless as no private organization has actual subpoena power, at least in so far as he is using the term – as a legal term of art.

          However, interestingly, if we break the word down to ‘sub’ + ‘poena’, the component words translate as ‘under penalty/punishment’ (and, of interest to probably no one but me, while ‘sub’ is Latin, ‘poena’ is Greek (via Latin); further, it is one of the few legal terms commonly used in English that is of Greek and not Latin, French, or English origin). As the NFL does have the power to demand cooperation and levy penalties if cooperation is not rendered, it does have de facto limited subpoena power in the sense of being able to punish a player, coach, owner, team official, etc. for noncooperation.

          And no, the NFL’s ability to impose penalty for non-cooperation is not prohibited under Federal Labor Law with respect to a collectively bargained labor agreement. Most of the protections that people expect under federal and the various states’ labor laws is intended to protect non-contracted employees. Contracted employees and independent contractors do not have all of the same protections as the presumption is that they could have bargained for the protections that they wanted.

          So long as the terms of a bargained for employment contract are not unconscionable or are not otherwise illegal, they are usually enforceable. In this case, the NFL can punish Brady for not cooperating with the investigation to the extent requested of him. He can of course bring suit and try to show the provision in question is somehow unconscionable, but I do not believe it will work.

          1. Thanks JPN. We appreciate your contributions. Any and all billable hours may be directed to Mr. Cohn’s account. : >)
            PS-Cubus, told ya’

      2. Making it more interesting is the Missouri Supreme Court finding conflict with the fact that Goodell is employed by the owners, yet he’s the final arbiter between owner vs player disputes.

        It might not have any effect on deflategate, but could force a restructuring of the way the NFL disciplines players, owners, staff and coaches.

        1. My reading is that it will impact the appellate process, not the initial punishment phase.The NFL will need to have an impartial arbiter hear appeals rather than having Goodell or a designee who is also an employee of the NFL hear discipline appeals.

    1. Trying not to cross the line there George. You may substitute any pejorative word pair that start with the letters d and b. Be creative! ; >)

    2. George, It appears BroTuna listens to Jim Rome. “Delta Bravo” is Rome’s “on air” abbreviation and is often used by Rome fans (AKA Clones) to describe someone that exhibits traits that might lead them to be called a douche bag.

      1. I know Rome but haven’t seen or heard him since he left Espn. I think I picked it up from legendary commenters “Houston Niner” and “49er Girl”.

    1. They’ve confirmed that Fowler is out for the season with a torn ACL. Brutal. Wonder if that team isn’t snakebit.

      1. My older sister had a friend who got drafted out of a small college by the Broncos in the 60s. Second day of practice he tore up a knee in shorts, got surgery and went out and got a job in financial services. He now has the kids, grand kids and great gran kids visit him at his seaside house in R.I. Where he also parks his yacht. He still smirks that it was the best injury he ever had.

    1. “Not only is this the worst trade in the draft, it’s the worst by a significant margin.”…” It’s pretty hard to argue with John Schneider’s success, and he’s typically one of the smartest general managers in football”

      It might be hard to argue with Schneider’s recent success but its not that hard to argue about him being one of the smartest GM’s in the league. I’d call him one of the luckiest in that he got lucky on taking a chance on Russell Wilson. Outside of Wilson Schenider’s QB moves have easily been some of the worst made by any GM. Charlie Whitehurst ring a bell, anyone remember what he gave to San Diego in that move only to let the player walk for free a couple seasons later. How about Flynn? His draft record is marginal at best especially with his defensive picks.

      Take away Russell Wilson and John Schneider would probably be unemployed right now.

      1. Yes, Schneider’s been lucky/good with middle round draft picks, which is why Barnwell talks about the opportunity cost of trading away all those picks.

      2. “The Seahawks swapped the 40th pick in the second round with San Diego’s 60th pick and also will send the Chargers a third-round pick in the 2011 draft.”

        For Charlie Whitehurst, whom before the trade in 4 seasons had attempted 2 passes. Who walked back to San Diego for free two seasons later.

        1. He also traded for Percy Harvin which didn’t turn out all that great. I’m not sure the Jimmy Graham trade will be good for them either.

    2. Great article, thanks Grimey.

      Where are those that always complain about not trading up, and accumulating draft capital? I wonder if they gleaned anything useful from these tidbits:

      “We know from looking at trades in the past, though, that teams are almost always better off trading down to acquire more picks than trading up to grab a lone player.”

      “Drafting is tough, and the best way to draft well is to get as many chances to pick players as possible.”

      But yeah, Baalke is foolish for looking to get extra picks… :-P

      1. Baalke’s got 12 next year, so far.

        I love that he traded Cam Johnson for a 7th, and that 7th for a 6th. Maybe next year he can flip it for a future 5th.

        1. Scooter & Grimey,

          I heard a piece on NPR several years ago on how there is almost no difference in success rate for a given NFL draft slot no matter which team is exercising the draft slot in question. What sets teams that are successful in the draft apart from those that aren’t, is the number of draft picks.

          I believe the info came from a study by a professor at Carnegie Melon.

          1. And yet every year you will have a vocal group complaining that Baalke takes the approach of accumulating picks and drafting lots of players, some of which won’t make the team. All studies undertaken that I’ve seen conclude there is a high rate of misses no matter where you pick, and the more darts you throw the greater your chances for success.

            1. But is there a point where you say there are simply too many picks? I believe next year we’re projected to have 12 picks. Why not package three of those picks to move up and get an extra pick in say the second round. Or package several to dramatically move up in a round. There would still be 9 to 10 picks. When is enough enough?

              1. Draft picks are a valuable commodity and you can never have too many. A GM who has an abundance of draft capital can “own” a draft and present a clear and present danger to other teams. There are many, many factors that go into moving up draft boards other than the ammunition to do so. Scooter is correct. The more lottery tickets you purchase, the greater your odds of getting a winner. In Baalke We Trust….

              2. Agree that draft capital is a very valuable commodity, but, IMO not solely for the purposes of making as many picks as possible. As Jack implies below, Baalke uses that draft capital to move around the board and in a few cases make trades for current NFL players (S. Johnson in 2014).

                The lottery ticket comparison is interesting, but the odds of winning when purchasing a lottery ticket only changes based on the number of tickets purchased. With NFL players there is number and quality, which quality generally matches up with the round the player is projected to be drafted or is actually drafted. I think you have to take both number and quality into account when deploying your draft capital. It’s not only a numbers game. Although I can’t cite any at the moment, studies would be useful to help provide some guidance and rules of thumb. For example, I don’t think it makes sense to draft 15 guys just because you can. At the same time, it doesn’t seem to make much sense to draft only 3 guys by trading all your available draft capital.

              3. But is there a point where you say there are simply too many picks? I believe next year we’re projected to have 12 picks.

                Not really Cubus. Having a multitude of picks allows Baalke to target players whose stock falls do to character concerns or a serious injury.

              4. Factors to include, depth of draft and subsequent drafts. Positional strength as it pertains to current and eventual need. Trading current picks for future higher ones as part of a strategy. MWD provided another example of what is a lot of moving parts to an overall approach to drafting in the NFL….

              5. Mid:

                I didn’t word my first post well. See my subsequent post where I distinguish between having the draft capital and actually MAKING all of the possible picks.

              6. Cubus, in answer to your 7:57AM question, of course there is a point where you have to draw the line between making the pick vs accumulating more picks.

                But the reason why moving down to get more picks is a good thing is very simple: high draft picks are currently over valued compared to lower picks. You can check out any study or analysis undertaken on the matter and it will come to the same conclusion – your chances of finding a good player following a fairly standard NFL draft day trade is better if you are the team moving back for more picks.

                It would be a different story if, for example, the price for moving up 10-15 spots in the first round was just a 7th rounder. In such a scenario the 7th round pick is being overvalued.

                And there is, as you allude to, diminishing returns on the number of picks you have, for a number of reasons. The main reasons being there are limited roster spots available, and limited opportunities for players to get on the field regularly to demonstrate their worth.

                But that doesn’t mean drafting more players at a position than you can retain is a bad thing in and of itself. There is no such thing as a certainty in the draft, so adding a few guys and letting the best man win the job obviously adds to your chances of finding a good player, even if you may lose the player(s) that don’t win the job. From what I see, this is how Baalke views things, and I agree with him. It really only becomes detrimental where you have so many guys at a position that you don’t give them ample opportunity/ reps to compete for the spot.

            2. If you keep trading back your mid round picks and all you end up with is a multitude of 7th round picks the odds of the picks becoming successful additions to the team decrease greatly. Common sense says that the players rated higher in a draft are going to have a greater chance of succeeding than those rated way lower. Of course there will always be exceptions, but trading away 3rd and 4th round picks for more 7th round picks that rarely if ever make the team is to me criminally negligent on Ballkes part.

              1. Baalke trades to get the guys he’s targeted. In 2010 he traded up for Anthony Davis, and then down to recoup the picks he used for the Davis trade and grabbed Bowman.

                In 2011 he traded up in the 2nd for Kaepernick. He traded up again in 2013 for Reid.

                Baalke is very good at managing his draft capital.

              2. You are going to have to enlighten us to when Baalke has ever traded away a 3rd or 4th round pick just for some 7th rounders.

            3. Scooter:

              It would seem that draft capital strategies might lend themselves to analytical modeling. Admittedly, such a model would probably be quite complex. Such a model might be of use, however, when it’s not clear what to do at a particular point in the draft. Do you think Paraag has any influence over Baalke’s draft strategy?

              1. Whew! A lot of moving parts there. The challenge seems similar to developing a weather forecasting model. Daunting but do-able; not by me of course.

              2. The weather model comparison is probably pretty close. Just to be clear, although I’m a proponent of modeling, the results should never just be accepted. They need to be analyzed by someone with experience and knowledge in the field. In this case, I would hire some college kids to setup and run the simulations under the guidance of an experienced football mind. Run a lot of simulations and whittle them down to what makes sense for the 49ers based on general parameters and strategy set by Baalke. But I would also present Baalke with any surprising results to see if that changes the general strategy.

                All blue sky stuff. Still, I’m bringing it up because Marathe is in the F.O. Maybe he’s already considered this and found it too daunting, or maybe they are using some limited modeling.

              3. The more I think about it, Scooter, they must have a model 1.0 back in 2012. What else could explain the AJ Jenkins pick. :)

  18. MSN sports is reporting that the Seahawks and R. Wilson are more than 10 million per year apart in contract negotiations. Here comes cap hell for the Seahawks.

    1. The Seahawks luck is about to run out. Don’t forget they need to re-sign Wagner, as well.

      Let’s see how good of GM Schneider is now.

      I believe Graham is on the downhill side of his career and now has a much lesser QB throwing him the ball. I’m not convinced this move will pan out for the Seahawks, at least not to the degree they’re expecting.

      1. It looked pretty yucky, but nowhere near as bad as Lattimore, or even Bowman. And do not google Shaun Livingston.

  19. Rotoworld on Jaelen Strong:
    “Texans coach Bill O’Brien criticized rookie WR Jaelen Strong’s conditioning.
    O’Brien added he would the same about “virtually every guy out there,” but he mentioned Strong by name. The comments sound like a coach trying to motivate his players following a disappointing practice. Strong should play a big role in the Texans’ offense this season.”

    1. Yeah, Randy Gregory was helped off the field his first practice with dehydration symptoms. I remember the veterans snickering at rookie Aldon for being out of shape at early practice. Some of these young guys throttle back after their ProDay and then too, flying around the country for team visits cuts into their workout time.

  20. Rotoworld on DeAndre Smelter:
    “49ers rookie DeAndre Smelter (knee) is expected to open 2015 on the NFI list.
    Smelter is recovering from December ACL surgery. He’ll miss at least the first six weeks on NFI. Smelter remains likely to redshirt as a rookie.”

    1. Baalke’s cold storage. Dinged but otherwise higher grade athletes who don’t count against the cap while they learn the non-physical NFL — long term improved draft odds.

    2. 5 WRs is probably enough for this roster. He’ll earn a spot next year with knowledge of the playbook and a year of film study.

    3. They activated Tank Carradine in 2013, so he’s a free agent in 2017. Had hey kept him NFI in 2013, he’d be RFA in 2017.

      The 40th overall is a big price for a two year rental. If he does well, I hope they can extend him after this season.

      Unless the 49ers think DeAndre Smelter can have a major contribution in the later part of this season, I see him staying NFI all year… healed or not.

    4. The latest talk radio fad is condemning ACL redshirts because “none of these guys have done anything.” Damon Bruce is one. There are others.

      But the only redshirt we know for sure hasn’t worked is Lattimore. Everyone knew he was an extreme long shot.

      Tank is a bit behind schedule because of the knee setback, but was looking real good towards the end of last year. Thomas, Reaser, Acker, Millard are right on schedule as far as we know.

      1. Kevin Fagan worked out fine. Part of Tank’s challenge was adapting from Wide 9 to 5T, as well as the injury.

        1. or as Tomsula put it a few weeks ago… its like going from playing in a phone booth to a whole back yard.

          A huge position change. A huge change in his body too.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>