STALLWORTH UPDATE
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Cleveland Browns not likely to recoup any of Donte Stallworth's roster bonus
by Tony Grossi / Plain Dealer Reporter
Monday March 23, 2009, 1:55 PM
Donte StallworthDANA POINT, Calif. -- If Donte Stallworth can't perform for the Browns in 2009, he still might be able to keep the $4.75 million roster bonus he earned the day before his car struck and killed a pedestrian in Miami Beach.
Even if the Browns had specific forfeiture language in Stallworth's contract, the players union would contend that the collective bargaining agreement supercedes it, based on similar cases.
"They will have to fight to get it back," said one team executive at the NFL owners meetings.
"Good luck," said another.
Stallworth has not been charged in the March 14 accident.
Recouping bonus money from players was made tougher for teams when the CBA was extended in 2006. Teams were limited to recouping only the pro-rated portions of a signing bonus if a player breached his contract by being suspended or committing a crime.
"We lost all that stuff (in the extension)," one of the sources said.
Correcting that huge oversight is just one reason the owners opted out of the CBA, setting up a future labor fight.
Based on precedent, the Browns would be entitled to a pro-rated portion of Stallworth's original signing bonus if legal issues prevented him from playing in 2009, or beyond. That would amount to about $905,000 a year.
The union's position on a roster bonus would be that Stallworth earned it by being on the 80-man roster on the date of the March 13 deadline. It's probable that the actual money isn't scheduled to transfer to Stallworth until a later date, but a legal skirmish could ensue if Stallworth doesn't eventually receive it.
A few recent precedents in the NFL had mixed results.
The Denver Broncos had to go to federal court to overturn a special master decision and recoup $600,000 in bonus money from Ashley Lelie in 2007. But that was signing bonus money.
In 2008, a federal judge ruled that Michael Vick could keep $20 million in bonuses from the Atlanta Falcons after he was imprisoned for running an illegal dog fighting operation. Vick had already performed for the Falcons to earn that money.
The next major legal fight watched by clubs will be the Giants' attempt to withhold the final $1 million payment of a signing bonus owed Plaxico Burress. The Giants had specific language allowing them to recoup the money in the event of "incarceration or detention by any law enforcement personnel."
Burress is facing two felony weapons charges. A grievance hearing on the Giants' case is scheduled for April 1. The difference, again, is the Giants are trying to recoup a signing bonus -- not a roster bonus.
That would be 5 years at $905,000 which was pro rated and this years bonus was to be paid in 2 installments simular to what is happening to Plaxico's bonus situation. You would also save the salary for the remaining yers of the contract.
That being said, the longer the delay on the charges to more I think there is more to this story. Like, what really showed in the blood report and is it different then what he blew at the scene. Also, why would Stallworth be allowed to leave town if charges were pending.
That would be 5 years at $905,000 which was pro rated and this years bonus was to be paid in 2 installments simular to what is happening to Plaxico's bonus situation. You would also save the salary for the remaining yers of the contract.
That being said, the longer the delay on the charges to more I think there is more to this story. Like, what really showed in the blood report and is it different then what he blew at the scene. Also, why would Stallworth be allowed to leave town if charges were pending.
It would just be the one year.
Any way you cut it, they will only have recourse for this year...and chances are good he may play this year even pending any trial date that is set, which would take the recouping of that money off the board.
It's not like all of this is going to be processed before the season starts unless he pleas out, if it gets to that point. Otherwise, his attorneys will have good grounds to delay things until after this season.
I think to avoid the distraction if this goes to trial, the Browns are just going to cut him loose and wish him the best "as he faces this very difficult chapter in his life"...(in my best PR voice)
We cut him, he keeps the cash.
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Police: Man hit by Stallworth wasn’t in crosswalk
By CURT ANDERSON, AP Legal Affairs Writer 29 minutes ago
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In this Nov. 6, 2008 file photo, Cleveland Browns Donte Stallworth in action against the Denver Broncos in an NFL football game in Cleveland. Police in Miami Beach say Stallworth has hit and killed a pedestrian with his Bentley, who was crossing the busy causeway that links downtown Miami with Miami Beach the morning of Saturday March 14, 2009.
In this Nov. 6, 2008 file phot…
AP - Mar 14, 2:40 pm EDT
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MIAMI (AP)—A pedestrian wasn’t in a crosswalk when Cleveland Browns wide receiver Donte Stallworth hit and killed him with his Bentley, according to a report released Tuesday by police in Miami Beach.
According to the report, Stallworth told officers he flashed his lights to try to warn 59-year-old Mario Reyes, a construction crane operator who was rushing to catch a bus after getting off work around 7:15 a.m. March 14.
Police said Stallworth was driving about 50 mph in a 40 mph zone. They are investigating whether alcohol played a role in the accident. No charges have been filed against Stallworth pending the outcome of blood tests.
A police diagram shows that Reyes was hit in the far left lane of the six-lane MacArthur Causeway—not in a nearby crosswalk. Stallworth stopped a few feet away.
Police also released calls from three people who dialed 911 that morning.
The first, a woman, said, “There’s a man laying in the middle of the road.” The dispatcher asked for her location and a description of the victim.
Then the woman blurted: “He’s dead. He’s dead … He was just laying in the middle of the road. I think he’s dead.”
None of the callers apparently witnessed the accident. One man, saying he was on his way to work, said he “heard a hit” and then saw Reyes lying in the roadway. A few moments later, a police officer arrived.
Stallworth’s attorney declined comment Tuesday but has said his client is cooperating with police. Stallworth last week released a statement saying he was “grief stricken” over the accident.
Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured most of the year. He was scheduled to receive a $4.75 million signing bonus the day before the accident. Before that, he played for New England, Philadelphia and New Orleans in the NFL and in college for Tennessee.
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That would be 5 years at $905,000 which was pro rated and this years bonus was to be paid in 2 installments simular to what is happening to Plaxico's bonus situation. You would also save the salary for the remaining yers of the contract.
That being said, the longer the delay on the charges to more I think there is more to this story. Like, what really showed in the blood report and is it different then what he blew at the scene. Also, why would Stallworth be allowed to leave town if charges were pending.
It would just be the one year.
Any way you cut it, they will only have recourse for this year...and chances are good he may play this year even pending any trial date that is set, which would take the recouping of that money off the board.
It's not like all of this is going to be processed before the season starts unless he pleas out, if it gets to that point. Otherwise, his attorneys will have good grounds to delay things until after this season.
I think to avoid the distraction if this goes to trial, the Browns are just going to cut him loose and wish him the best "as he faces this very difficult chapter in his life"...(in my best PR voice)
We cut him, he keeps the cash.
It would just be the one year.
Any way you cut it, they will only have recourse for this year...and chances are good he may play this year even pending any trial date that is set, which would take the recouping of that money off the board.
It's not like all of this is going to be processed before the season starts unless he pleas out, if it gets to that point. Otherwise, his attorneys will have good grounds to delay things until after this season.
I think to avoid the distraction if this goes to trial, the Browns are just going to cut him loose and wish him the best "as he faces this very difficult chapter in his life"...(in my best PR voice)
We cut him, he keeps the cash.
I don't think so. Could happen that way but they are entitled to recouping a prorated portion of his initial contract signing bonus and they should go after it. It is important to set that precedent for the rest of the league also. Players need to be held accountable and need to be made to give back bonus money for services not rendered.
As it stands now, everybody wants bonus money and minimum salary for reasons like this or substance abuse or stuff like the Plaxico case.
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Looks akin to running the shoreway to forge a shortcut to the stadium.
No thanks.....I'll walk a few hundred extra feet.
If everybody had like minds, we would never learn. -
It would just be the one year.
Any way you cut it, they will only have recourse for this year...and chances are good he may play this year even pending any trial date that is set, which would take the recouping of that money off the board.
It's not like all of this is going to be processed before the season starts unless he pleas out, if it gets to that point. Otherwise, his attorneys will have good grounds to delay things until after this season.
I think to avoid the distraction if this goes to trial, the Browns are just going to cut him loose and wish him the best "as he faces this very difficult chapter in his life"...(in my best PR voice)
We cut him, he keeps the cash.
I don't think so. Could happen that way but they are entitled to recouping a prorated portion of his initial contract signing bonus and they should go after it. It is important to set that precedent for the rest of the league also. Players need to be held accountable and need to be made to give back bonus money for services not rendered.
As it stands now, everybody wants bonus money and minimum salary for reasons like this or substance abuse or stuff like the Plaxico case.
I don't think so. Could happen that way but they are entitled to recouping a prorated portion of his initial contract signing bonus and they should go after it. It is important to set that precedent for the rest of the league also. Players need to be held accountable and need to be made to give back bonus money for services not rendered.
As it stands now, everybody wants bonus money and minimum salary for reasons like this or substance abuse or stuff like the Plaxico case.
I suppose they might if any of the original was still on the books.....but again.....I doubt it.
The new contract supersedes that and would be the only real recourse unless some judge wants to set new precedent....which would probably be overturned in appellate court.
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A police diagram shows that Reyes was hit in the far left lane of the six-lane MacArthur Causeway.
This is the MacArthur Causeway.
Not that I want to speak ill of the deceased, but what a xxxxing idiot.
mz. said:
This is the MacArthur Causeway.Not that I want to speak ill of the deceased, but what a xxxxing idiot.
I agree.....might be safe to say the guy wasn't good a frogger???
I apologize in advance.
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Looks akin to running the shoreway to forge a shortcut to the stadium.
No thanks.....I'll walk a few hundred extra feet.
Looks akin to running the shoreway to forge a shortcut to the stadium.
No thanks.....I'll walk a few hundred extra feet.
First thing that crossed my mind Peens. Years back when I was in the union I helped pave the shoreway and was on that job for over a month, including milling, paving, sealing it and guardrail stuff. It is dangerous as hell out there, especially when trying to initially set up traffic control.
This guy made a huge mistake and it ultimately cost him his life over being in a hurry to get home after working midnights. Probably wasn't the first time he defied the odds, either. His shift probably ended with minutes to spare before the bus came. When you want to get home after work like that, waiting another half hour or so isn't something you want to do.
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I can understand the motivation.....just don't understand the logic.
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mz. said:
The decision cost himself his life and the career (and probably freedom) of another.We'll see on the career and freedom part, but any way you cut it, you don't expect to see people running across 5 lane roads expecting you to stop on a flash.
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Not to mention, these types of highways may have a speed limit of so and so, but they're set up for traffic to move out and people notoriously go well above the speed limits with no repercussions.
I think they set the limits low so people will actually go the speed they actually want, which 50 is about right for a six lane highway.
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About 50 isn't speeding on a road like that.
The wording was about 50.....so it may have been 45...
In Fla...they build the causeways wide to get people off the barrier islands in a hurry in case of a hurricane...they can flood fast.
That said....driving 50 on a road like that wouldn't draw a ticket from any normal cop, and clearly wouldn't meet the threshold of reckless.
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The more details that come out about the incident, and the longer it takes for the blood test results to mysteriously come back, the more it's looking to me like Donte may actually end up in the clear on this thing (regarding any possible criminal charges, at least.) Possibilities of civil actions and league stuff still seem to me to not be so promising for him.
Basically, the way it seems to me (and I by no means claim to be a legal expert) is that even if he doesn't end up facing criminal charges it's not very likely he'll be on the field at the beginning of the season.
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One of Stallworth's lawyers today denied he was DUI
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'Next week' on Stallworth
Posted March 26th, 2009 by Marla Ridenour
An announcement on possible charges against Browns receiver Donte Stallworth stemming from a fatal car accident is not expected until next week, a Miami Beach police department spokesperson said.
Detective Jenny Velazquez said Thursday she had spoken to the lead detective on the case and was told to expect developments next week.
Driving a two-door Bentley, Stallworth struck and killed pedestrian Mario Reyes, 59, at 7:17 a.m. on March 14 on the MacArthur Causeway. In the accident report released Tuesday, Stallworth told police he flashed his lights at Reyes, who reportedly had just left work as a crane operator and was crossing the street to catch a bus. The accident report said Reyes was not in the crosswalk.
The toxicology report on Stallworth has not been released, but multiple reports last week said Stallworth's blood alcohol level was above the legal limit of .08. WFOR Channel 4 in Miami reported it was .14, which could bring a charge of DUI manslaughter.
Stallworth has been working out in Berea with his teammates in the off-season program, according to his attorney, Chris Lyons of Miami.
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does anyone have any idea whats going on in this case. it was supposed to be released last week and now its not even in the news. Its either a really big arrest or he is going to be cleared of vehicular manslaughter. I think we need to just drop him and his baggage anyway, also is there any reason paul hubbard was not on the field more last year, during the preseason they talked about how badass he was.
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does anyone have any idea whats going on in this case. it was supposed to be released last week and now its not even in the news. Its either a really big arrest or he is going to be cleared of vehicular manslaughter. I think we need to just drop him and his baggage anyway, also is there any reason paul hubbard was not on the field more last year, during the preseason they talked about how badass he was.
does anyone have any idea whats going on in this case. it was supposed to be released last week and now its not even in the news. Its either a really big arrest or he is going to be cleared of vehicular manslaughter. I think we need to just drop him and his baggage anyway, also is there any reason paul hubbard was not on the field more last year, during the preseason they talked about how badass he was.
Miami DA said blood test results could take 3 days or 3 weeks. Sounds like a stall. Stallworth is in Cleveland working out at the OTAs. I'd think if he was about to go to prison for a very long time he might be tending to his affairs and working with his attorney in Miami. So, who really knows.
As far as Hubbard, that badass showed why he was still around for us to draft him late on day two. He can't friggin catch and there are questions whether he is smart enough to remember the plays.
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@inspecta said:
Yeah the guy who caught one TD pass and played a handful of games will definitely shake up this organization, do you always take bong hits before you visit us?But hey at least he's not a woman beater like that gorilla Harrison, poor kid another bout of roid rage in front of millions of people a few months ago, what's the over/under before his heart explodes leaving him dead on the toilet with a needle sticking out of his arm?
Regards asshat...
He was the best WR on your roster.
Nice racial slur there, BTW.
Stay classy.
Regards
.... an'at
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