Bill Cosby 2016 Trial of Decade? ~by Legal Pub

                                                                                       
Consensual drugs and sex vs. rape?  While the issues can be defined, resolution can be as clear as the  mixture of Quaaludes and expensive wine.  Furthermore, you can bet your collectors edition of the Bill Cosby Show that Cosby won't take this criminal prosecution lying down.  Cosby, who is out on bail is ready to fight. The 78-year old comedian is charged with sexual assault that allegedly occurred more than ten years ago.  Cosby admitted that he had sexual contact with Andrea Costand in 2004; however, he claims it was all consensual. But Constand continues to alleged that Cosby invited him into his Philadelphia home, drugged her and forced himself on her.  The former Temple women's basketball team director of operations, reported the alleged assault in 2005.   Probable-cause affidavit.

Cosby allegedly offered her career advice and introduced her to influential people in order to help her advance her career.  At some point, Cosby allegedly invited Costand to his home for dinner.  She claims that "without warning" Cosby reached out and touched her pants, waist and inner thigh. At first blush it is hard to envision the now 78-year old Cosby moving quickly or having to force anyone to have sex with him. The allegations go on to claim that Cosby provided pills and wine and that Costand became dizzy and later frozen (suggesting partial paralysis.)

Cosby plead not guilty to second-degree aggravated indecent assault and posted 10% on his one million dollar bond.  Cosby also surrendered his passport and was photographed and fingerprinted by the Cheltenham Police. Montgomery County Assistant District Attorney Kevin R. Steele claims there was "penetration" without consent. If convicted, Cosby could be sentenced from five to ten years in prison and receive a $25,000 fine. 

District Attorney Risa Vetri Ferman campaigned with the promise to prosecute Cosby.  But keep in mind, all defendants, especially Bill Cosby, are to be presumed innocent.  Look for the trial of the Decade to take place in 2016. In the meantime, comics weigh in on their thoughts in the comment section!

Update 2-3-2016:  One of Bill Cosby's lawyers, Jack Schmitt, would not have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face criminal sexual assault charges. Schmitt apparently testified that Cosby's legal team considered the criminal case "irrevocably concluded" after a suburban Philadelphia district attorney (Bruce Castor) told them he was closing the investigation into charges Cosby drugged and violated Andrea Constand in 2004.  Cosby was later deposed in Constand's civil suit and never once invoked his Fifth Amendment right against self-incrimination "knowing the criminal matter had been concluded and could not be reopened." according to Schmitt.
 
Cosby former lawyer, Walter Phillips, apparently relied upon Castor's oral statement to the press instead of obtaining a formal writing from the prosecution.  Former prosecutor, Castor, was called by the defense at the hearing. He testified that he found serous flaws in the 2005 case and declined to file charges. he also testified that he felt that his decision was binding.  Castor further defended his decision not to bring charges because Constand's waited a year to report the allegations and had  continued contact with Cosby.   Castor even considered that extortion of the TV star might be a possible motive for the complaint.






Castor's successor (DA Kevin Steele) has nevertheless reopened the investigation into allegations concerning dozens of women who claim that he violated them. In the civil deposition, Cosby acknowledged giving Quaaludes to women he wanted to seduce. He even admitted reaching into Constand's pants but Cosby said it was consensual. The statute of limitations for prosecuting Cosby has run out in nearly every allegation. The pending case is the only one in which Cosby has been formally charged.

Judge Steven T. O'Neill may rule on Cosby's request to throw out the charges within the next seven days.

Affluenza Teen, Ethan Couch, Maybe In Deep Trouble ~by Legal Pub

Do recent headlines prove that rich coddled children are incapable of making rational choices?  Ethan Couch's recent behavior seems to suggest such a conclusion.  The wealthy Texas teen recently became a fugitive after breaking his probation sentence for killing four people while driving drunk.  Ethan turned up in Mexico and was taken into custody by Mexican authorities. 

Ethan Couch, 18, became known as the "affluenza" teen, because of trial testimony that suggested that Ethan was too rich and coddled to appreciate the danger of drinking and driving.  Ethan received 10 years probation for intoxication manslaughter after the 2013 incident.  

Ethan may not be the only one that is the subject of scrutiny.  His 48 year-old mom, Tonya Couch, is also front and center in the recent legal drama.  Tonya had disappeared with her son. Is she also "so wealthy and spoiled" that she could not tell the difference between right and wrong? Perhaps we will find out after Ethan is turned over to U.S. Marshals Service and Tonya is queried as to her role in Ethan's decision to violate probation.

Christmas Eve Asteroid Rumor is False ~by Legal Pub

Here at Legal Pub, we almost didn't buy Christmas presents.  After all, rumor had it that on Christmas Eve an asteroid was going to destroy earth or at least cause massive earth quakes.  However, after doing our due diligence we went shopping anyway based on NASA's report that there is no substance to multiple media reports that an asteroid passing by Earth on Christmas Eve will cause earthquakes on the planet.  Those darn asteroid experts at NASA's Jet Propulsion Laboratory have caused Legal Pub once again to become over extended on the credit card debt.

Asteroid 2003 SD220 will be about 6.6 million miles (10.6 million kilometers) from Earth on Christmas Eve.  To put it in perspective, that is about 27 times farther than the moon is from Earth. Like Santa's slay, the asteroid  will not even be visible to the human eye.  Complaints for our consumer debt can be addressed to NASA at their twitter account, @AsteroidWatch.

Merry Christmas

Just Call It What It Is! Murdering Lunatics ~by Legal Pub

It would have been nice to have had a guest post by Donald Trump.  Not for the entertainment value, but for direct blunt thoughts about the stupidity occurring at a holiday banquet for the San Bernardino County Department of Public Health in California.

Does a label need to be put on Syed Rizwan Farook or his wife Tashfeen Malik other than murdering lunatics?  The couple conducted what appears to be a well thought out murder of 14 people with approximately 17 others being wounded. Whether it's labeled as workplace violence or terrorism is pure crap!  It is murder.  Let's declare war on murders and make sure of the following:
One:   No more glorification of the murders with so much media coverage.
Two:   Punish each murderer to the full extent of the law.
Questions?  Repeat step one and two!

Farook was apparently born in Chicago but raised in California.  His internet bride apparently is from Pakistan but lived in the Middle East.  The two were both apparently in Saudi Arabia within the last two years. They attended the banquet, then they suddenly left.  They then returned with a plan to murder at a facility designed to help the developmentally disabled. Farook had been a public employee for about five years.  Since returning to the U.S., he was reported as being "reserved."

Both Farook and his bride were killed in a gun fight less than four hours after the mass murder. The couple had fled in a rented SUV. Given the rental vehicle, amount of ammunition and explosives, this was a planned massacre.  Unfortunately, there was a great deal of media coverage of the shootout and unfortunately, publicity is the last thing lunatics deserve.  Furthermore, extensive media coverage appears to spawn further attacks.

Farook's brother in law, Farhan Khan, spoke to the media and condemned the violence. Farook and Malik had assault rifles and semi-automatic weapons in their SUV at the time of their death.  The motive of the shooting is debatable.  Hussam Ayloush, executive director of the Council on American-Islamic Relations in Los Angeles, said not to jump to conclusions.  Muzammil Siddiqi, chairman of the Islamic Shura Council of Southern California, publicized his “sadness and sorrow” for the victims.  “We are in solidarity with them," Siddiqi said, while condemning the “horrible violence," and urged people not to condemn Islam.

Legal Pub takes the position that there is indeed no need to condemn any religion.  What needs to be condemned is anyone who promotes acts of violence and that condemnation needs to consist of punishing crimes to the maximum extent of the law.

Farook and Malik are survived by a six month child who was staying with relatives at the time of the shooting.

The couple apparently met in 2014 on a dating site.  Malik came to the U.S. on a "Fiance Visa." Random dating site and social media photos below

Does Marijuana Increase the Risk of Automobile Accidents? ~by Legal Pub

Clearly drunk driving is a major risk factor for traffic accidents; however, the data on marijuana impairment is less persuasive.

Click image for expanded view.

Two National Highway Traffic Safety Administration (NHTSA) studies seem to come to different conclusions.  Studies  Twenty three states have legalized marijuana (four states and the District of Columbia for recreational use). Perhaps as many as ten other  states will follow their lead within the next three hundred and sixty five days.

A 2013-2014 NHTSA report based on 9,000 drivers indicated that 12.6% tested positive for THC.  Data from  2007 reported only and 8.6% positive.  Interestingly enough the same survey suggested that the number of drivers testing positive for alcohol was 8.3% a significant reduction from a  1973 NHTSA survey.

A second NHTSA report based on more than 3,000 crash-involved drivers and 6,000 drivers not involved in crashes revealed that drivers who tested positive for THC were 25 percent more likely to be involved in a crash.  However, other factors like age, gender, ethnicity and blood alcohol concentration were considered statistically more likely to increase the risk of an accident. NHTSA researchers concluded, “Caution should be exercised in assuming that drug presence implies driver impairment.”

Measuring impairment in a person using marijuana isn’t proved by THC levels. “Most psychoactive drugs are chemically complex molecules, whose absorption, action and elimination from the body are difficult to predict,” NHTSA writes, "and considerable differences exist between individuals with regard to the rates at which these processes occur. Alcohol, in comparison, is more predictable.”  More importantly, marijuana users can have THC in their bodies days or even weeks after using the drug, long after any psychoactive effects. For example, a U.S. district court in New Jersey, excluded evidence that a driver had used marijuana the night before an accident “because its probative value is weak, and a jury is likely to be inflamed by evidence of use of intoxicating substances.” The defense presented evidence that the driver was "significantly impaired... since a significant amount of time passed between the marijuana use and the accident, and there is no standard for measuring marijuana impairment.”

 

More study is needed before the legal system reaches it's conclusions.  No one would suggest that a driver should smoke marijuana before he or she gets behind the wheel. However, testing positive for THC after an accident does not necessarily mean that the driver was impaired.

More Senseless Deaths ~by Legal Pub

We all join in the mourning for the innocent lives lost in Paris this weekend.  There is no rational being who can justify the slaughter of innocent human beings.  French authorities have seized a black Reunault Clio believed to have been used by some of the terrorists who killed 129 people in Paris. Another vehicle, a Belgian licensed car has also been discovered.  Meanwhile, authorities are searching for an eighth attacker believed to have escaped the scene of the killings.

Unfortunately, such barbarian behavior is not limited to Middle Eastern terrorists. In Kentucky, an innocent 7-year old girl disappeared from her brother's football game and was apparently murdered.  Police are investigating the death of Gabriella Doolin very carefully and trying not to jump to conclusions.  When the girl was discovered missing, the stadium announcer at the Scottsville High School football game announced her name over the PA and the game was stopped.  WTVF  

Approximately 30 minutes after she was reported missing, Gabriella was found dead in a creek about a quarter of a mile from the football field.  The death is being investigated as a homoicide. WHAS   There are a few persons of interest whose names have not been revealed.

11-20-2015 Update:Timothy Madden age 38, was taken into custody by the authorities.  Gabriella had been playing with other children when she disappeared,  Timothy Madden is presumed innocent until it is proven otherwise by a court of law.

G.I. Joe Officer Joseph Gliniewicz Apparently Faked His In Line of Duty Death ~by Legal Pub

Two faced?  If you can't trust the police, who can you trust?  Joseph Gliniewicz, a Fox Lake Illinois cop who was the subject of a massive manhunt, apparently committed suicide but tried to make it look like a heroic in the line of duty death.  Apparently GI Joe had been accused by some of his colleagues of misbehavior on and off the job. Gliniewicz, a lieutenant, was 52 years old.  He staged the scene to look as though he was killed by someone else, the reasons are rather shocking.

According to investigators, Gliniewicz apparently unsuccessfully tried to hire a hit man to kill the village administrator to prevent discovery of Gliniewiz' embezzling from the department's Explorers Program for children.  If proven, such an allegation could be devastating to Gliniewiz because he was no stranger to accusations, several of which were detailed in a letter that members of the Fox Lake Police Department apparently sent to Mayor Cindy Irwin in February 2009. According to the letter, Gliniewicz had apparently been suspended six times for "an inappropriate sexual relationship with a subordinate." Other allegations included alleged touching of a women's breast at a Christmas party, been kicked out of local bars, walked out on a $300 tab and used his squad car to run personal errands. All of these incidents allegedly contributed to low moral among his colleagues. 

Not all police are devious or untrustworthy.  In fact, it is rare that a police officer is bad.  But people get sick in all professions and in this case, apparently Joseph Gliniewicz suffered from a lack of judgment that perhaps we will never really understand.

Will Wacky Weed Become Legal In the Midwest? ~by Legal Pub

Election day means the opportunity for change.  Some changes are for the better- others are not.The state of Ohio faces a big decision whether to legalize the recreational use of marijuana.  Issue three on the ballot would amend the state constitution to legalize both personal and medical us of marijuana for adults over the age of twenty one.  If voters adopt the amendment, Ohio would join Alaska, Colorado, Washington, Oregon and the District of Columbia as states permitting recreational use of marijuana.

If the amendment passes, Ohio plans to regulate and monitor producers and sellers.  The state would also tax all sales of marijuana. In fact, if the approved, marijuana will in essence become a highly regulated and controlled state cash crop.

As a key state in presidential elections, the nation will closely watch Ohio. Several other states will vote on the issue in 2016. One suspects that NORML, a group advocating for legalization of marijuana, will be lobbying hard for an affirmative vote in between frequent breaks for "reflection and munchies."      Update 11-7-15:   Ohio voted NO to the amendment.

Adacia Chambers Impaired Driving Costs Lives? ~by Legal Pub

Adacia  Chambers, 25-year-old, is accused of  killing four people at the Oklahoma State University homecoming parade. Adacia crashed her car into spectators with such force that bodies literally flew into the air.  She was arrested on suspicion of driving under the influence and is potentially facing four counts of second-degree murder.

Second-degree murder charges are warranted when an act that's "imminently dangerous to another person" is done without premeditation. Each count is subject to potentially 10 years in prison.   Besides the fatalities, seventeen others were hospitalized. Five are in critical condition.  Chambers' attorney, Tony Coleman, believes she is mentally ill.   

Chambers will appear Monday in Payne County District Court. 

Zombie Massacre? ~by Legal Pub

An idiot fired shot in Fort Meyers at the annual ZombiCon killing one person and injuring five others.  Zombie-dressed revelers could be seen running through the streets after the murder. The event was scheduled to end at midnight and it was getting close to the end of the evening when the shots were fired. 

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Photo courtesy: Fort Myers Police Department via Facebook

Expavious Tyrell Taylor, a 20-year-old who played football at a local junior college died in the street. Four others were taken to the hospital. One person refused medical treatment. There were perhaps as many as 20,000 visitors dressed as zombies. Local surveillance video is being reviewed. No suspect has been arrested.  However, given many witnesses, an arrest is likely.  

Full House of Booze? by Legal Pub

John Stamos, actor and producer, was charged with one misdemeanor count of DUI and will be prosecuted by the Los Angeles District Attorney's Office. Stamos will be arraigned Friday at 8:30 a.m.  The charge carries possible jail time up to six months in the event of a conviction.  , and if convicted, he could face up to six months of jail time.  NEWS

Apparently Stamos was also stopped under a suspicion of driving under the influence back on June 12, 2015 after the Beverly Hills Police Department received numerous calls reporting a suspicious DUI driver near Canon Drive and Brighton Way.

Come on Jessie... I mean John.  What kind of a role model is this for all of the children viewers?

Christopher Harper Mercer Is Another Example of a Modern Day Coward ~by Legal Pub

Another coward hiding behind religion or just some sick 26 year-old man seeking media fame?  Does it really matter?  Nine are dead and nine others injured because of a needless, senseless shooting on Umpqua Community College campus (an Oregon junior college).  Christopher Harper Mercer asked his victim's as to their faith before he shot them.  Those that answered Christian were shot in the head.  Those that answered other were shot in other parts of the body.  Mercer's social media presence suggest that he was not religious but was sympathetic to the Irish Republican Army.   The gunman ultimately was shot dead in a firefight with police. This is not a video game- there is no reboot or second chance.

Christopher Harper Mercer, 26. Myspace.com

The IRA is known for masked gunmen.  It is generally considered a paramilitary group made up of Catholics trying to promote independence for Northern Ireland.  Apparently the gunman was born in Ireland but has lived most of his life in the United States. Mercer shaved his head and wore camo pants. He was described as a loner by those who knew him.  As for me, I simply call him a coward needlessly seeking ten minutes of fame at the cost of innocent lives. 

Facebook Hoax ~by Legal Pub

Fake, fraud, misleading... perhaps all appropriate words to describe internet b.s.  Yet, so many internet users do not know the difference between truth and hoax.   Viral Facebook hoaxes need to be ignored!  Don't like them or share them, ignore them.

For example, claims that Facebook is about to make a change to its privacy settings, and unless you pay a small fee, everything in your profile will become public is simply  untrue. Another Facebook hoax is that if you post certain legal language as your status then your photos and other information will be protected by Facebook.

  You have probably all had a friend post: "As of September 28th , 2015 at 10:50 p.m. Eastern standard time, I do not give Facebook or any entities associated with Facebook permission to use my pictures, information, or posts, both past and future. By this statement, I give notice to Facebook it is strictly forbidden to disclose, copy, distribute, or take any other action against me based on this profile and/or its contents. The content of this profile is private and confidential information."  The post typically goes on to warn you that if you don't copy and paste this status, your privacy will be compromised.  Both assertions are complete fabrication. 

Facebook does not own your photos.  You are responsible for your own content.  You can decide who can see your posts by checking the appropriate privacy settings.  Facebook’s Terms of Service.  When you post a photo, Facebook's permission to use them is limited to how you set your settings. Privacy settings.  Furthermore, once a Facebook user deletes a photo, it can not be recaptured.  In any event, merely writing a post about privacy would never prevent anyone from copying any content you choose to post. Once something is published, you can not prevent those from receiving the content from saving it to an external hard drive and storing it for later use.  Snopes.  

Be smart!  Use your privacy settings and control who sees your content and by all means, ignore the hoax spam! 

Using Religion As An Excuse Must Stop ~by Legal Pub

Using religion as a weapon is a bad idea because it allows one to rationalize any bad behavior or means to justify an end.  Muslim extremists can justify murder or any other crime in the name of Allah.  Likewise Christians can rationalize any action in the name of their savior.  But rationalization does not excuse violence or harming others.  When someone shoots up an abortion clinic, it is wrong.  When someone sets off a bomb at a race, it's wrong.  Quit hiding behind religion to rationalize hurting others.

Why the rant?  Rowan County Clerk Kim Davis in Kentucky is using religion to propagate her own agenda and presidential candidate Mike Huckabee is trying to capitalize on the opportunity.  Everyone has a right to an opinion.  Everyone has a right to protest.  However, no one has a right to willingly violate a court order.  If you don't like the judge's ruling, appeal.  Seek an injunction pending the appellate court ruling. Better yet, quit your job!
All the jail side rallies in the world don't change the fact that Kim Davis willingly committed contempt of court because she refused to issue marriage licenses to gay couples. Disobeying a federal court judge who is enforcing the United States Supreme Court's decision is not heroic.  It is not something to be admired. It is plain and simply refusing to attempt to change the law using proper channels.

If Kim Davis can disobey the law in the name of her beliefs, so can anyone else.  Timothy McVey believed bombing the Oklahoma government building was justified.  Did his belief excuse murder? Abortion clinic volunteers have been attacked and even shot, does belief in God justify the means? There are reasons why there is a separation of church and state in our constitution.  So often I hear right wing conservatives advocate for prayer in school and Christian values.  This is all fine, until the majority advocate a religion other than fundamental Christian beliefs.  As soon as the schools begin pledging allegiance to Allah, these same folks will be leading the charge to eliminate such coercion from the public schools.

Huckabee, a former Baptist minister, has conservative views.  While he has a right to be against gay marriage, he has no right to condone willfully violating a court order.  This is not a matter of religious freedom.  Davis could have avoided jail by simply quitting her job, requesting reasonable accommodations such as allowing deputy clerks to sign the marriage licenses or pursuing legal action.  Asking Kentucky Gov. Steve Beshear to accommodate Davis' "religious conviction," and not force her to grant licenses to gay couples after being arrested for disobeying a court order appears a bit disingenuous.  

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Photo courtesy of AP.

If the U.S. Court of Appeals for the Sixth Circuit, allows Davis to remove her name and title from official marriage certificates the problem is solved. That is what her lawyers are now requesting; however, there is no apparent reason the request could not have been made prior to being held in contempt of court.

The U.S. Supreme Court legalized same-sex marriage in June of 2015. Davis refused to follow the Supreme Court's ruling. Federal Judge Bunning ordered Davis to issue the licenses but Davis chose to disobey the order.  Since that time, deputy clerks (except her son Nathan) have issued licenses to gay couples. Kim has options.  One is to follow the law.  Another is to seek a different line of work, perhaps one where she does not have to follow the law.

Update 9-8-15:   U.S. District Judge David Bunning lifted the contempt order but directed Davis not to interfere with the granting of licenses by her deputies.

 Shannon J. Miles allegedly gunned down Harris County Deputy Darren Goforth without any warning or reason at a Chevron gas station.  The Houston Sheriff deputy died from the bullet wounds.  Miles is charged with capital murder.  Miles has a criminal record going back a decade. Despite the record, Miles spent little time actually in jail.  Why?

Shannon J. Miles, past record includes convictions for resisting arrest and disorderly conduct with a firearm, yet he served little jail time.  Allegedly, Miles criminal behavior may have been mistakenly fueled by "Black Lives Matter" program.  The attack was unprovoked. The death of Darren Goforth, a 10-year veteran of the Harris County Sheriff's Office reminds us that all lives matter.

This country has problems and it goes beyond President Obama changing the name of Mt. McKinley, signing a bad deal with Iran, or resuming relationships with Cuba.

41- year-old Vester Flanagan was a publicity seeking coward.  He snuck up behind journalist Alison Parker and cameraman, Adam Ward and fatally shot them.  Sick Vester Flanagan filmed the murder and then posted the film on twitter.  Another woman was also shot but fortunately she survived. Flanagan on the other hand took his own life after trying to flee the police in a high speed chase.

Social media posts by Flanagan demonstrate his brazen insanity and lack of remorse.  This trend of cold blooded murders must be stopped.  Banning publicity of these heinous crimes may be a step in the right direction. Alison Parker was 24.  Cameraman Adam Ward was 27.  Both Parker and Ward deserved much better.

Jared the Subway Guy A Sub Par Person? ~by Legal Pub

Jared Fogle had a nice run with Subway. He was the go to guy for marketing.  It appears, however, that Jared was also inappropriately running after minors with less than pure intentions.  Jared is accused of paying for sex acts with minors and receiving child pornography that was allegedly produced by Russell Taylor, the former director of his charitable foundation whose goal was to educate the population about childhood obesity.  Federal prosecutors are taking the charges very seriously.  Allegations accuse Fogle of possessing pornography that included at least 12 minors.  If convicted, Fogle could serve 5 to 12 years in prison.


A count in the information alleges engaging in sex with a minor and distribution and receipt of child pornography- not minor accusations! At this point, while Fogle is innocent until proven guilty, it is believed that Jared's Attorney, Ron Elberger, has already reached a deal with the prosecution which guarantees at least a five year sentence with not more than a 12 year,  month sentence for Jared.  The deal, if accepted, also requires Fogle to pay $100,000 dollars in restitution to each of the 14 victims.  Good old Jared will also be required to join the club of registered sex offenders and undergo treatment for sexual disorders.  Jared is 37 years-old, married man who lives in Zionsville, Indiana.


One of the alleged victims was apparently a 17 year-old girl from New York who met Jared in his Ritz Carlton Hotel room. More offensive is that Jared Fogle allegedly sent texts soliciting access to minors as young as 14 or 15.


As large 200 pound drop in Jared's weight from eating Subway can't possible match the size of the fall from grace that Jared has brought upon himself.

Tom Brady Appeals NFL Suspension ~by Legal Pub

Brady just does not accept defeat on or off the football field. The 457 page transcript  from the June 22, 2015 hearing is being made public despite initial reports that it would be kept confidential. U.S. District Judge Richard Berman removed any doubt that the transcript is available to the public who may be interested in the NFLP-NFL litigation.  In the questioning, Brady denied any involvement in deflating footballs in the AFC Championship game with the Colts.

Brady did admit that he let Patriot assistants know that he preferred footballs at 12.5 psi (NFL rules provide that balls shall be within the range of 12.5 and 13.5 psi.)
If Brady was not involved in the under-inflation of the footballs, he could still be in trouble if he failed to cooperate with the NFL.  Brady destroyed his cell phone; however, there does not appear to be a requirement in the collective bargaining agreement that requires a player to turn over his cell phone to the NFL.  So should Tom Brady's suspension be lifted?  Patriot opponents probably hope not.