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Brandon Marshall Appeals Suspension

Brandon Marshall officially filed an appeal of hsi 3-game suspension, though the appeal itself is heard by the man who rendered the punishment, Roger Goodell --

Goodell had found the Broncos' receiver in violation of the league's personal conduct policy. An appeal hearing has not been set, although it's expected before the season-opening week.

Appeal aside, Goodell said he would consider reducing the suspension to two games if Marshall met certain conditions.

The New Orleans Saints, the Broncos' Game 3 opponent, might be interested to learn the most significant condition is for Marshall to stay free from trouble and disturbances through Sept. 15, which is when he can be reinstated.

Does Marshall have a "snow-ball's chance in Goodell" to have the suspension reduced?  My gut tells me no, though that could be the enchiladas I ate last night.  Hopefully Goodell sees that Marshall is doing everything he can to make right and cuts it down to one, or dare I say, just a stern warning.  Stay Tuned.

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I think he has a chance....

Nice post Guru!
I have a REAL problem with the suspension handed down by Dictator Goodell, based on what sentences have been handed down to players who were in a LOT more trouble than BM.
Marshall’s record in the community shines above other players like Tank Johnson, Pacman, Henry (both of them) and the lack of any sentence for Lynch.
No charges have been filed against Marshall…..NONE….yet Goodell thinks he has the power to suspend the guys based on, essentially here say.
I have said it before, if he is guilty of domestic violence, throw the book at him. But he is not. He is guilty of being in an unhealthy relationship, and that is tough on him and his ex, but it is not something worth being suspended for.
At present, Brandon Marshall is guilty of….NOTHING. He is being suspended based on….NOTHING. It is irritating in a society where you are innocent unless proven guiltry that the commish can find guys guilty unless proven innocent.
Go harvey Steinberg…go get them. This case is winnable!
Thats my 2 cents worth.

by boydy2669 on Aug 16, 2008 7:05 AM MDT reply actions   0 recs

One point
Goodell thinks he has the power to suspend the guys based on, essentially here (sic) say.

[hearsay]

Goodell does have the power, and it was granted by the owners and players union, and Marshall signed a consent that point. Also, multiple police reports and arrests go beyond hearsay. Either way, convictions have nothing to do with a policy to pretct public relations. The simple “appearence of evil” is enough under the policy, which takes into account multiple brushes with the law.

I hope Marshall does win the appeal. But we miss the mark when we blame the League, Goodell, the policy, or try to make comparisons with other players.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 16, 2008 5:58 PM MDT up reply actions   0 recs

Without reopening the BMarsh debate again...

my bigger question has to do with an appeal process that goes back to the person who imposed the suspension in the first place. It would make sense if it went to some arbiter within the NFL office or something akin to that, but why would Goodell change his mind now???

That being said, if Brandon can get his suspension down to 1 game… after watching the fader game last night, I really think we can punk them without Brandon.

I wish Woody Paige was our coach!

by bcfunk on Aug 16, 2008 7:12 AM MDT reply actions   0 recs

Appeal to the same person.

It isn’t unusual in administrative law cases. Goodell is also the same person who (historicaly) overturned a drug test penalty for our own (at the time) Travis Henry, so he has a track record of reversing himself if more evidence comes to light.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 16, 2008 6:00 PM MDT up reply actions   0 recs

Good Point

When you put it like that it makes sense.

"Hey Raiders fans!!! If you leave now you can beat traffic!"
-Rod Smith

by GarretBarnes on Aug 16, 2008 11:22 PM MDT up reply actions   0 recs

Agreed...

BCFunk. I agree. And look, I can be a bot of a conspiracy theorist for sure, but does not this seem a little bit of pay back from the Commish because they lost the case against Travis Henry.
This suspension seems pretty heavy handed.
My worry, like yours, is will Marshall even get a fair trial from Goodell? He seems to be a guy who is NEVER wrong (just look how he handled the Patriots situation).
I, basically, have NO faith in Goodell to be honest. He has mishandled most situations so why would that change now???
Thanks!

by boydy2669 on Aug 16, 2008 7:49 AM MDT reply actions   0 recs

Pay back?

Commissioner Goodell was the agent of the reversal of Travis Henry’s test result and sanctions. There was no “…they lost the case against Travis..”. Though Henry was in the process of challenging the the process, it was Goodell who handed down the sanction, and it was also Goodell who looked at new evidence and became the first commissioner to reverse a drug test finding. He seemed to me to be very fair in Henry’s case.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 16, 2008 6:02 PM MDT up reply actions   0 recs

Hmmm..........enchiladas sound good.

Broncos broncos everywhere and all the league did blink,

by Mike Clark on Aug 16, 2008 8:01 AM MDT reply actions   0 recs

I want my Broncos to want to be on the field.

So I want Marshall to do anything and everything in his power to get on the field. Even if there is no chance of it working out.

On the same note I think the suspension is good for Marshall, who clearly needed a wake up call. The suspension draws the line, and Marshall’s bad behavior clearly fell on the wrong side of it. To let Marshall off with a warning would be enabling in my opinion, which would leave the door open to worse transgressions in the future, which would lead to bigger suspensions. Bigger suspensions in the next couple of years hurts the team more than a couple of games this year, because I think the next several years bear more promise than this year.

I have to agree that Goodell as trial judge as well as apellate judge makes little sense, but again I think letting him off tells him that he can get away with whatever he wants (look at Travis Henry).

"It's the first time that I've probably ever seen a 260 pound back run into a free safety and go flat on his back, I mean it was exciting." ~John Elway

by jibbons on Aug 16, 2008 8:10 AM MDT reply actions   0 recs

He needs a warning and a suspended sentence.

No doubt BM needs a warning. My problem with the whole situation is that there seems to be no set way of handling player problems.
Marshawn Lynch gets nothing (not even a warning) for a felony offense and BM gets 3 games for never being charged???
BM needs a suspended sentence. For example, one more incident in the next year leads to an automatic 4 game suspension. Much like the leagues drug policy. At the moment the way things are being handled has no rhyme or reason and stinks more of the Inquisitions or Russian Purges than it does of a level headed and equitable hearing.

by boydy2669 on Aug 16, 2008 8:22 AM MDT reply actions   0 recs

I was hoping he would just take the suspension and get it out of the way,

now this situation has the potential to be a major distraction early in the season. Remember the Travis Henry saga..

If God is not a Bronco fan, then WHY are sunsets Blue and Orange? - Jon Tollerud 5/22/08

I got a high ankle sprain in college and it still hurts! ~ TSG 8/13/08

by Tim Lynch on Aug 16, 2008 8:24 AM MDT reply actions   0 recs

agreed...

I just want it to be over with.

by UnarmingMermaid on Aug 16, 2008 9:55 AM MDT up reply actions   0 recs

Well put.

It also appears that he is accepting more responsibility by accepting the sanction and moving on. I think Brandon’s lawyer is giving him bad advice, and probably putting that third game suspension back into play.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 16, 2008 6:04 PM MDT up reply actions   0 recs

It will be decided before the season opener...

Hey Zappa,
i think they are 2 different situations. Travis Henry was a year long (and potentially careerending) suspension and involved scientific evidence.
BM’s is a subjective case ruled on by the commish.
I dont think it will be distracting. It is clear that the Broncos are preparing for the first 2 games with the reps they are gving Royal and Jackson (at Marshall no 1 slot). If they some how get Marshall back, than that is an absolute bonus. If not, they are prepared anyway.
This wont change Shanhan and the teams preparation and you can bet your last dollar that the Broncos knew he was going to appeal.
Thanks for all the posts and work you do Zappa.
Werd!

by boydy2669 on Aug 16, 2008 8:49 AM MDT reply actions   0 recs

Thanks man!

You are probably right, but I just don’t want a long drawn out saga to start the year off….

If God is not a Bronco fan, then WHY are sunsets Blue and Orange? - Jon Tollerud 5/22/08

I got a high ankle sprain in college and it still hurts! ~ TSG 8/13/08

by Tim Lynch on Aug 16, 2008 9:41 AM MDT up reply actions   0 recs

Game Reduction

If he fails his suspension appeal Goddell wont take away his chance to reduce the number of games from 3 to 2 will he?

Go Broncos!

by dbroncos78087 on Aug 16, 2008 9:21 AM MDT reply actions   0 recs

My guess is no.

The appeal is a natural part of the process. Marshall was told to comply with the conditions of the suspension to earn the chance to have the third game reevaluated later. In my mind there can be no way that denying the appeals process could be one of the conditions for consideration. The appeal process is a necessary component of a context established by the league and players. Suspensions, fines etc, occur within that context, or framework.

Mountains, forest, sea: these render man fierce, but yet do not destroy the man.

by Jeremy Bolander on Aug 16, 2008 10:36 AM MDT up reply actions   0 recs

Styg,

While I very much agree with what you are saying, I also can see the other view. While the suspension is a part of the process, and shouldn’t be construed as “non-compliance”, it may also tend to indicate how much responsibility Brandon takes for his actions. I lean towards your view in the end, but it might still enter the equation.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 16, 2008 6:08 PM MDT up reply actions   0 recs

My understanding

is that he needed to appeal and prove hsi compliance to get the reduction of his suspension. Also If I am correct he would not have had a reduction without the appeal. Correct me if I am wrong. But I am sure this was the same type of deal Jared Allen received last year

by broncfanstuckinsd on Aug 16, 2008 6:30 PM MDT up reply actions   0 recs

Awesome question dbroncos

I dont know. You would think not as it would not prevent him from filling the requirement to get the suspension reduced. Secondly, it would be in Marshall’s best interest to already be trying to fill that requirement NOW as a show of good faith and to show he is getting on with bettering himself.
I am sure the broncos and Harvey Steinberg would not be as silly to put all their hope in the appeal.
Does anyone know the answer to this question? Is there any protocol regardimng this? As has been pointed out, I dont think there is a set protocol or rule book for the suspension of players under the conduct code.
Thanks!

by boydy2669 on Aug 16, 2008 10:35 AM MDT reply actions   0 recs

Based on Rod Smith's comments

Since Rod Smith has taken on the role of being a mentor full time to Brandon. I would hope that Brandon has already started and perhaps completed some of the steps Goodell wants done to reduce the suspension regardless of the appeal.
I too think Brandon got a heavy suspension in light of the fact that Marshawn Lynch got nothing for pleading to Hit-and-run (with injury). Yes, I know it was Marshawn’s first incident – yet it was more serious than what Brandon has been involved in. And Marshawn lied to the police to begin with. And there are other players such as Kaczur and Matt Jones who have received nothing so far.
Goodell was impressive last year in that what he did seemed consistent. This year – I am not impressed at all.
I hope Brandon wins at least a reduction to one game if not more. Then can we put this behind us?

by Mbehavin2 on Aug 16, 2008 11:02 AM MDT reply actions   0 recs

Equivalence

Just saw this:

An NFL spokesman said the league had no comment Thursday on a speculative report that Vikings offensive tackle Bryant McKinnie is likely to be suspended for four games for violating the league’s personal conduct policy. Sirius NFL Radio first reported the one-sentence item during its Wednesday afternoon update, but the NFL spokesman said the league had nothing to announce. McKinnie faces four charges, including one of felony aggravated battery, stemming from a February fight outside a Miami nightclub. He has pleaded not guilty to all charges and is scheduled for a Sept. 24 appearance in Miami-Dade County Court. NFL Commissioner Roger Goodell met with McKinnie, the Vikings’ starting left tackle, in late May.

I support the idea of limits on athletes. I am in favor of getting them to be good citizens as well as good players, and I think that this situation, whatever it’s outcome, will be a positive for Brandon, who has seen that he was on the wrong path and has gotten help (Rod Smith, Jay Cutler, others).

My issue is based in a desire to see equality in how those above limits are imposed on athletes who are going down a dark path. Goodell is doing this himself, in great part. There are no specifics and this will at times create concerns about what actions create what consequences. In order to have this be the most effective, fair, and respected policy possible it seems a good idea to take the next step and create specifics and a team/group/board to implement those specifics when necessary.

If four charges, including felony aggravated battery does result in a 4 game suspension, traffic violations (I used to co-run a drug and alcohol rehab program and take that part of Marshall’s actions very seriously) and issues of domestic unrest (also very serious) in which charges are dropped or not filed is now three games suspension with one off if behavior modificaitons are followed is a start.

I do admit that charges of DUI, leaving the scene of an accident and giving false testimony to a police officer, whether pleaded down or not, seems very serious and should also have resulted in a suspension of 3 to 4 games. Again – if Goodell’s policies are followed in a fair, consistent and equal manner, they should have greater benefits for the players and the leasgue. Just an opinion.

Atwater for the Hall!

by Emmett Smith on Aug 16, 2008 6:06 PM MDT reply actions   0 recs

Something we may not be considering here.

Consider this. Goodell has helped our team out immeasurably by helping us KEEP Marshall on this team. How?

Would Marshall be shacking up with Cutler if the League hadn’t looked at this situation? Would Brandon have gotten help without the League’s intervention? I really think Brandon has a shot of staying out of trouble now that the League has forced him (and the team) to look at himself. Without the League getting involved, Brandon was headed for trouble.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 16, 2008 6:13 PM MDT reply actions   0 recs

Interesting

would you agree that you are suggesting that Goodell took on a “father-figure” type of role in handing down BMarsh’s punishment?

It brings up an interesting sidenote, that maybe a lesser sentence was passed on a different player bbecause the thought was that not much good was going to come of any of it…

Mountains, forest, sea: these render man fierce, but yet do not destroy the man.

by Jeremy Bolander on Aug 16, 2008 6:32 PM MDT up reply actions   0 recs

The more I think about it,

the more it seems to make sense. Goodell might see that there is hope if intervention is early enough. Brandon seems to be a good kid doing stupid things (repeatedly), but nothing major yet. By giving him a slap on the wrist (and the incentive to get counseling), I think Goodell might be playing the role of “helper” instead of punisher.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Aug 17, 2008 9:25 AM MDT up reply actions   0 recs

HT Nice insight.

This makes perfect sense. I hope this is the case.

by YellowStoneBronco on Aug 18, 2008 2:09 PM MDT reply actions   0 recs

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