Thursday, April 29, 2010

Back Like Your Spine

Too many things to cover in this post for it to ever have a sufficient title. Plus, my hope is that a really fucking lame title might catch our reader's attention on his (or her?) RSS feed.

Well, the talk of the town, and of the sporting world, has been Ben Roethlisberger. Lots of hullabaloo about this one, and I half-wrote a bunch of posts over the past few weeks on the subject, but never posted any, because I hadn't really figured out what exactly I thought about the situation. It's been emotional, I can admit that, and you really shouldn't ever make decisions based on emotions. That makes me think that maybe Roger and Dan should've waited on bringing down the hammer, but in the end, I can't say I'm especially upset with the punishment.

So, what really happened? I don't fucking know, and no one else really does. My best bet is that (based on what appear to be consistent reports) both Ben and his accuser were hammered to the point that neither of them can really remember what happened. I don't know if you've taken the opportunity to read the written statements The Smoking Gun has, but if you want some insight into how this all played out, I suggest you look there.

If you do go and read through the 25, or so, pages of reports (out of something like 580) that they posted online, you do get a glimpse into what the DA in Milledgeville was thinking when he decided not to file any charges. Around the water cooler, most seemed to think that the DA would, at the very least, peg him with something like "Contributing to the Delinquency of a Minor" or "Providing Alcohol to a Minor" - a misdemeanor that would carry no jail time, little community service and/or probation, and would not result in any chance that good ol' Ben would end up on any Megan's Law website.

But that didn't happen, largely because of what's contained in the first written statement of the accuser, and in the initial police report from the night of the incident. Looking past all of the shady behavior (specifically, Ben's bodyguards leading this wasted girl to a back room, while blocking the door to anyone else) it seems pretty clear that no one remembers what happened in that back room (or at least the girl didn't). Her written report, the night of, indicates that she doesn't really remember what happened after a certain point (or at least doesn't remember enough to confirm any illegal activity). Her subsequent written statement, taken the next day, not only changes that but also appears to coincide perfectly with the written reports of her sorority sisters. As a lawyer, I can say that that is the kind of thing that raises MAJOR red flags in investigating any type of case.

First, if you don't remember something at the time because you're hammered, I've found that you don't wake up the next morning with a perfect memory of the incident - especially if no one else was there. As a matter of fact, I would say that I don't remember shit about some nights, except for what has been told to me by friends who were there. Second, this sudden change in story, that also coincides with identical stories from witnesses who didn't know anything the night before indicates that the story may not be reliable. The Milledgeville DA knew that was fishy, and clearly thought it was fishy enough to not move forward with.

Ultimately, all that we can conclude is this:
(1) Ben is a womanizer, and to its shittiest extreme. And not in the Jackie Treehorn, he treats objects like women-kind of way. Rather, it appears that Ben ventures into the grey area of consensual sex. And I think that by any upstanding human beings' measure, that's just not OK.

(2) Ben's behavior brought A LOT of bad press on the NFL. I think that ultimately, this story was overblown, and in a lot of ways, created by sports media who were looking for something to talk about during sports' dead time after the NCAA tourney. And when I say overblown, all I mean is that they act like this kind of thing doesn't go on with 90% of all athletes (NFL, NBA, MLB) at some point in their stardom. At the same time, Ben was out of line with his behavior, and doesn't have the privilege of hiding in the shadows. He's one of the few people in this country with an employment contract worth more than $100 million. As a result, he should expect that this kind of behavior will lead to the media trying to make it as much of a story as possible.

(3) No one can confirm that what happened in that back room was anything but consensual. I think most of us are repulsed by how he behaved. I know I am, and if that kind of thing had happened to someone I cared about, I'd want to beat the shit out of him. Still, no one can say for sure that he did anything that she wasn't OK with. For the last two months, one person in particular, who opinion I respect as much as anyone, has reminded me that when it comes to sexual assault cases, normal methods of proof just don't work. And while that may be true, while more often than not, when you're talking about people who know each other, it becomes a he said-she said-type of affair, the fact remains that, from my point of view, our country and our society is based on people being innocent until proven guilty. To think otherwise is to open the door for a lot of innocent people to be thrown in jail, and once you cross that threshold, you might as well throw every other freedom we have out the fucking door. He may be a piece of shit. He may have taken advantage of that girl. But we can't say for sure that it wasn't consensual. And as a result, you can't punish the guy as if he's a rapist. And that I know for sure.

So, what does all of this mean. What should it mean is probably the better question. Well, it should mean that Ben is going to have to pay the piper for making the NFL look bad, and for publicly treating this girl like her only value on earth is to get him off. And he is, to the tune of 4-6 games and something in the neighborhood of $2-3 million. However, we also live in a society of second chances. Lots of people get them, and a few make good on them. But I think that Mr. Roethlisberger should also have the opportunity to earn back everyone's trust and favor. That means putting in money and effort towards making everyone else more aware that there are lots of people who act just like he did. That means acting like a civilized human being when he's out in public. And that means being on the straight a narrow from here on out.

If he shows he can do that, I think I'll put my #7 jersey back on some day.

If he doesn't, and goes ahead and fucks up again, I don't think I have any issue with Dan Rooney booting his ass the fuck out of Pittsburgh.




I've decided that I'm going to save my other topics - hockey, Pirates ownership, etc. - for another post. So, keep us on your RSS and maybe I'll surprise you with another post later this week.

But not to leave you on such a sour note, here's a reminder about one of the Steelers' class acts.