Due process in the American legal system is the legal requirement that the state must respect the legal rights of every American citizen – even people arrested for allegedly committing horrible crimes.
Mistrials can occur when evidence is admitted improperly; there is misconduct by any participant in the trial; or there is any serious procedural error that could result in an unfair trial.
Certainly, the circus-like atmosphere that Tom Brady had to endure for 18 months for air pressure in footballs clearly showed the country that the NFL and Roger Goodell (as directed by the owners) were completely bias and unfair.
Goodell and the NFL front office displayed numerous instances of misconduct, including false leaks to the press, a lack of direct evidence and a harsh punishment for an unproven misdemeanor.
Additionally, the pseudo-science theories of the Wells report were crushed by numerous experts.
Most judges would laugh this “Deflategate” case right out of their court as a waste of time. But the glaring truth is the poorly constructed collective bargaining agreement apparently allows Goodell the power to whimsically dictate harsh punishments without evidence and without due process.
Hopefully the NFLPA, in its continued pursuit of this issue, can either force a rewrite of the CBA or remedy this situation some other way.
As Robert Kraft said, “What Tom has had to endure throughout this 18-month ordeal has been as far removed from due process as you could ever expect in this country.”
RICHARD FOSS
Webster