Something seems amiss in Stallworth case

An exceedingly unfortunate series of events occurred in the early hours of Saturday, March 14 in Miami. A 59 year-old construction crane operator named Mario Reyes was rushing to catch a bus after finishing his overnight shift. Miles away, Browns receiver Donte’ Stallworth was spending the night partying at the bar of Miami Beach’s elegant Fountainebleau hotel. Stallworth was likely celebrating his $4.5-million roster bonus payment from the Browns, negotiated as part of a “second signing bonus” in his $35-million contract with $10 million guaranteed in March of 2008.

Stallworth and Reyes, two people who otherwise would never have come into contact, met in a truly tragic manner. On the way home from his celebratory night, Stallworth’s Bentley struck and killed Reyes, who allegedly was not in the crosswalk at the time. Stallworth had a blood-alcohol level of .126 after the crash, well above Florida’s .08 limit. In the blink of an eye, the lives of Stallworth and – much more tragically – the Reyes family (including Mario Reyes’ 15-year-old daughter) were irrevocably changed. Stallworth was charged with DUI manslaughter, which carries a possible maximum sentence of 15 years in prison.

APStallworth is heading to jail for 30 days.

The plea bargain – one month in jail followed by two years of house arrest, eight years of probation and 1,000 hours of community service – hardly seems to fit the crime. Indeed, I’ve heard many cries of selective justice suggesting that an ordinary person – not a professional athlete with considerable resources – would not have been able to secure that deal.

Those cries are, well, accurate. Resources and fame do buy some favorable treatment in the judicial system; we would be naïve to think otherwise. Moreover, I wonder if prosecutors worried about potential problems with a jury trial for someone who was cooperative at the scene, called the police, reached out to the victim’s family and had some name recognition among most prospective jurors (on a much different scale, since this week is the anniversary of the white Bronco low-speed police chase, it was clear then that no matter what the evidence, a jury in Los Angeles was not going to convict O.J. Simpson).

Stallworth’s financial resources were very much in play in the leniency of his plea bargain. Stallworth’s negotiated settlement with the victim’s family staved off a potential wrongful death civil suit and ensured some measure of good will on the criminal side of the case. Again, we do not need to be naïve to the fact that the defendant had some financial advantages here that most defendants do not.

Stallworth’s team, the Cleveland Browns, crafted a statement saying very little, but their actions have spoken louder than their words. After the incident on March 14, the Browns signed two veteran receivers – David Patten on March 23 and Mike Furrey on May 5 -- and drafted two receivers, Brian Robiskie and Mohamed Massaquoi, in the second round of the draft in April, ensuring them spots on the roster. These signings spoke volumes about Stallworth’s future on the team.

It’s interesting that the Browns hung on to Stallworth even before the incident. Signed as a marquee free agent, he had a disappointing year with only 17 receptions for 170 yards and one touchdown. With a new coach and a new system, the possibility of being released was certainly there, although $10M guaranteed does provide some job security. Unless, of course, something like this happened.

Stallworth must now deal with an indefinite suspension from Commissioner Roger Goodell as a result of the Personal Conduct Policy, probably as a free agent. And there is precedent here. Leonard Little of the Rams pleaded guilty to involuntary manslaughter after he hit and killed a woman while driving drunk in 1998. Little served a 90-day jail sentence and then an eight-game suspension from the league.

APCommissioner Goodell acted swiftly, suspending Stallworth indefinitely.

Compared to Little, there are a couple forces at work here. On the minus side for Stallworth, 1998 was an eternity from the NFL’s present handling of conduct issues. That would potentially warrant a more severe punishment. In Stallworth’s defense -- and already emphatically stated by his criminal and personal attorney David Cornwell -- unlike Little, Stallworth was responsible about his crime, called the police and stayed at the scene throughout the ordeal. That, however, is of little comfort to the commissioner, who is sending a message far beyond Donte’ Stallworth.

The Personal Conduct Policy, a well-intentioned plan with a mission to maintain and restore public confidence and integrity in the league, its teams and its players, has been put off track lately due to the actions of high-profile offenders such as Michael Vick, Pacman Jones and Plaxico Burress. Stallworth presented the commissioner with an open door to make a strong statement where the judicial system had not, and he walked right through it.

There are some events – like this one -- that cause a front office to know in its private meetings that the player will not be a member of that franchise again. It’s likely that the moment upper management and ownership of the Falcons heard the graphic details of Vick’s dogfighting operation, they knew he would never again be an active member of the Falcons.

When I was with the Packers in 1999 and we discovered that Mark Chmura was caught in a compromising position with a teenage girl at a post-prom party – an allegation of sexual assault for which he was eventually acquitted – we knew it was unlikely he would play for the Packers again (we drafted Bubba Franks, a tight end, in the first round of the draft a couple of weeks later). Chmura was a popular person and player, but his life changed in the blink of an eye due to some questionable judgment.

The unfortunate part for the Browns, and fortunate part for Stallworth, is that the day before his unfortunate accident, Stallworth earned his 2009 guaranteed roster bonus of $4.5M, perhaps triggering the celebratory night he had in Miami Beach. He was paid $2.25M in May and due the other $2.25M in 2010.

As per arbitration rulings and the present Collective Bargaining that allows only for forfeiture of signing, not roster, bonuses, the Browns would have difficulty trying to get back any of that amount and even more difficulty if they release Stallworth. Most recently, an arbitrator ruled that Burress’s gun incident was not “willful misconduct” that would trigger bonus forfeiture, another blow to teams’ efforts to recover money as a result of bad behavior. And sadly, it’s possible that the roster bonus money earned by Stallworth on the eve of his accident – half paid in May -- could have provided the resources for a financial settlement to the victim’s family.

Stallworth, 28, will spend a month without his liberty while a pedestrian getting off work and trying to catch a bus is lost forever. Despite the NFL’s harsh reaction on the football side, something still seems amiss. In this case, the wheels of justice had a flat.

FINAL WORD …

On a personal note, another life was taken far too soon. Luke Cole, a friend from Stanford who spent his life helping the less fortunate and the environment, died in a head-on collision on a rural road in Uganda earlier this week. May he and his benevolent spirit rest in peace.

Enjoy your weekend.

Happy 50th to our Michael Lombardi.

Follow me on Twitter: adbrandt.

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