Re-visiting two more of the higher profile cases in collegiate sports

By Gregory Moore, Blackathlete.net columnist

SAN ATNONIO – It’s been a few weeks since any really big news has come out of the Duquesne shooting story and it has definitely been some months since anyone has written anything about the Duke lacrosse case. Both of these stories were big headliners when they came forth but to date they are little more than “Page 12” snippets for the majority of the sports world. But they need to be stories that remind us that somehow college students are real people too and that all to often stories like these happen even if athletic participants are involved. This week, I wanted to just write a few lines that updated everyone on what’s going on in those two cases.

In the Duquesne shooting case, the police have cleared one suspect but four suspects are now ordered to stand trial. When the story was first reported, Brandon Baynes was thought to have been a part of the shooting as a gunman. In the original op/ed that I wrote, Baynes was arrested along with William Holmes. Well today, as I write this update, Mr. Baynes has been cleared by the Pittsburgh Police and all charges have been dropped. Reports that he will cooperate with prosecutors were also mentioned.

That’s good news for Mr. Baynes. No one wants to see an innocent young man go to jail for something he didn’t do. However as good news goes, there is now bad news for some others. In the same reports that I looked at, two more people have been arrested, charged and bail has been set; one woman and another man. Erica R. Sager, 18, of Wilkinsburg and Derek Lee, 18, of Pittsburgh. Lee has been identified by witnesses as being one of the shooters in the Sept. 17th incident. Bail has not been set for him as of this printing. Sager has been identified by witnesses as an antagonist who urged Holmes and Lee to start shooting. She was identified from a line up. Her bond has been set at $1 million.

The Pittsburgh Post-Gazette reported that Sam Ashaolu, 23, the most severely injured of the five Duquesne basketball players shot on campus Sept. 17, remained in serious condition in Mercy Hospital. Doctors did remove one of several small bullet fragments from his head, said his brother John Ashaolu. Sam Ashaolu was struck in the head by two bullets; one remained intact while another broke into three pieces. Both bullets remain lodged in his head. On Thursday, Ashaolu was upgraded from critical to serious condition after becoming more oriented and briefly saying a few words.

"It hasn't changed, his condition hasn't changed since then," John Ashaolu said from his Pittsburgh hotel room. "His condition, right now, is the same."

That’s good news to hear and hopefully more will continue for this young man. BASN will continue to monitor this story.

The next story that hasn’t received much attention is the Duke lacrosse story. This story has been a firestorm in the beginning but the embers are barely burning since the story first broke. The latest news lines of this story are the following: Suspects not getting due process, DA says attack took ten minutes, Witness sentenced in unrelated case.

So what do we know about this case since it was last visited? Exactly what I put in those headline blurbs. According to various op/eds, the suspects in the case may not be getting due process in this case. On Fox.com, one commentator wrote: The Duke Lacrosse case, in which three white male students are accused of raping a black woman last March, is also a case about race, class conflict and political ambition. For me, the case has become a litmus test for the American justice system.

I believe the accused are blatantly innocent and that the prosecuting District Attorney Mike Nifong is acting with willful disregard for both the evidence in the case and the Constitutional rights of the accused. In this case, I believe the legal system is the enemy of justice...and nakedly so.

How naked? Consider one of the suspects, Reade Seligmann. He is scheduled to be tried on three felony charges despite overwhelming evidence of his innocence: exculpatory DNA tests, a corroborated alibi, a string of contradictory statements by his accuser and an irredeemably tainted I.D.

The assumption that a defendant is 'innocent until proven guilty' has been reversed. Seligmann is assumed to be guilty. But more than this. It is as though Seligmann is not allowed to prove his innocence no matter how much evidence he produces.

Those words were written by Wendy McElroy, the editor of ifeminists.com and a research fellow for The Independent Institute in Oakland, Calif. That is the words from one person but Ms. McElroy may be echoing the voice of many others in the Durham area.

In another story, the District Attorney says that the attack took all of ten minutes. District Attorney Mike Nifong is being quoted by the Associated Press saying, “When something happens to you that is really awful, it can seem like it takes place longer than it actually takes.”

Here is more of the AP story as reported by CBS News’s website: Kirk Osborn, who represents Seligmann, said the defense needed the "bill of particulars" because the accuser has told several different versions of the alleged assault, and his client has a right to know which version prosecutors will present at trial. In search and arrest warrants issued early in the investigation, police stated the accuser told investigators she was assaulted for 30 minutes.

Nifong said he is not required to state the exact time of the alleged attack, but offered that authorities believe it took place between 11:30 p.m. on March 13, when the accuser arrived at the party, and 12:55 a.m. on March 14, when police arrived and found no one at the house.

Friday's hearing was the first since Smith was appointed to take over the case.

Before the hearing began, Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. He said it included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs that tested the DNA of the players and notes from a mental health facility where police took the accuser after the party.

The defense has said those DNA tests failed to find a conclusive match between the three players and the accuser.

Defense attorneys also provided the judge with a description of the procedures used by a polling company they hired to survey Durham residents about the case. Nifong has asked the court to stop the polling, but the defense insists it is harmless.

"It's like taking a teaspoon and dipping it into the swimming pool. We just want to see what the teaspoon will reveal," said Wade Smith, an attorney for Colin Finnerty.

So what can we make of this story and the feelings down in Durham? How about it’s a mess that isn’t going to be fixed anytime soon?

I got an e-mail from a defense lawyer when the story first broke out and he told me that as things went along, I would probably be singing a different tune as to whether a crime was committed or not. Well as far as I’m concerned, something inappropriate went on in that house and at least three Duke players knew what happened. Now whether they want to fess up and tell the world, that’s a different story. I’m not going to say that the victim is some angel because she isn’t but I’m not going to portray her as just another piece of human trash that had to use her body to make money either. People do things for different reasons.

But this case has been dragging for quite some time and it is quite interesting to read the bits and pieces of an embattled DA trying to win a case that may not be very winnable in the end.

This story will continue to be watched as well as there are some social implications that will probably come forth and need to be addressed. Stay tuned folks. It’s going to be very interesting indeed.

Instead of letting kids be kids, adults feel the necessity to micromanage childhood

By Gregory Moore, Blackathlete.net columnist

SAN ANTONIO – The headlines are just so daunting at times.

“Boston school bans tag for fear of lawsuits.”

“Parents sue Little League Association over not making every team a ‘winner’.”

“Pop Warner teams to quit league over racial insults.”

These are just some of the headlines that I have seen over the years involving parents and kids. It is also one of the reasons why I stopped being a volunteer coach. It seems that when it comes to kids learning to be kids, adults have the uncanny ability to complicate things beyond measure. Reading these three stories and many others only solidified one affirmation for me about adults and kid sports: the adults love to micro-manage things into the ground.

Think about your childhood and the games you played while at recess. Tag, kickball and dodge ball were all a part of your childhood. How many of you couldn’t wait till PE and dodge ball to take out your frustrations on your friends from the class period before? And did any of you get hurt? What about tag? How fun was it saying “tag you’re it” and then running for dear life as you were being chased? Sure there may have been some near collisions but did your parents freak out and want to sue the school or school district when you got hurt at school? Of course not. But today’s parents are different. There are many who will micro manage their child’s life like they are trying to run their office. Instead of letting the kids have fun, these parents put restrictions on what they can or cannot do and thus they stifle the growing process of learning other measures of right from wrong, teamwork and good sportsmanship.

In the case of the Pop Warner story I read, this is once again society becoming too sensitive over past events. Many in society today want to try and overly remedy past egregious errors in racial relations and instead of actually addressing the situation within that organization, many feel it is much easier to leave the organization that offended them and thus actually place the kids in a no-win situation of not being able to deal with adversity.

And that’s the irony about being a kid. Without having to pay a mortgage, worrying about a payroll or do your yearly taxes, kids are allowed to learn how to cope with a variance of situations and ask adults for guidance in making the proper decision. Except that in today’s world, parents would rather ‘shield’ their loved ones from the realities of being a member of society.

Child safety is paramount in everything we do but there also has to be a chance where kids and parents can both learn how to deal with life’s unfair situations. To micro manage a child’s life because you want to protect them or ‘shield’ them does nothing but to actually harm them later on in life. Removing childhood games from them is not helping them grow and neither is running from a potentially hostile situation that could be a learning one as well.

If we continue to shield our kids from all of the things that we adults think are harmful, then what will become of their childhood? If we continue to micro manage their lives like we do our own are we really helping them grow to be the leaders of tomorrow? I don’t know the answer to those questions but I do know that kids need to be kids even if adults don’t think it’s right. Somewhere there has to be a happy medium to where good parenting is just the byproduct of being able to steer kids into positive life situations without having to try and steer their lives in an area that even adults have no answers for when trouble arises.

MERRIMAN’S STEROID WOES STRICTLY HIS PROBLEM

If and when Shawne Merriman finally serves his suspension for violating the NFL drug policy, the sports world needs to realize that Merriman is the only who is ultimately held accountable for whatever he put in his body. It’s also a life lesson since this op/ed started out talking about letting kids be kids. This is one of the life lessons in which micro managing is a good thing for kids who are involved in sports because they look up to professional athletes and will emulate them.

Merriman says that he took a supplement that had the banned substance Nandrolone in it. The San Diego Tribune reported that he is considering dropping his appeal because of the NFL’s policy that players are responsible for what they put in their bodies. That would be a wise decision on his part because his chances of winning the appeal are very miniscule at best. But when it comes our kids and them playing sports, this life lesson needs to be preached because far too often, athletes will blame everybody for their mishaps or misfortunes and not take responsibility for their own actions.

About a year or so ago I wrote a piece about how high school kids are on steroids and I referenced a case I saw on one of the news magazine shows back then. And as critical as I am about NBC’s “Friday Night Lights”, I would think that the producers and/or creators surely could conjure up a sub storyline that brought steroids into that show. Why would something like this need to be talked about? Because right now Texas is amongst the numerous states looking at mandatory drug testing of high school athletes and there are parents who think this is an invasion of their child’s privacy.

The lesson that needs to be taught here is that no matter how old you are, no matter what sport you play, if you are caught cheating, you must deal with the consequences at hand. It would be nice if Floyd Landis simply owned up to the fact that he may have taken a banned substance. It would have been a lot easier of Justin Gatlin simply realized that he may have been cheating his sport by taking banned substances and that he was not being a good sportsman in competition. During the time when Lyle Alzedo and other in the NFL were doping up with steroids to become faster and bigger, it would have been nice for someone in the union, back then, to lay out the consequences of during such dangerous activity. But those things are the past and the only thing that we can do now is to learn from them.

While I don’t want to pat Merriman on the back for realizing he made a mistake, I don’t want to dehumanize his plight either. While the four game suspension will be his punishment for breaking a known rule in the NFL, Merriman can turn this around to be a public service announcement to the many kids at the high school and collegiate ranks who think that steroids are the E-train to a professional career. Right now Merriman is the perfect spokesman who can help others relay the message that cheating isn’t right no matter what level you play at and that as an athlete you are ultimately responsible for what you take.

Hopefully Merriman takes this life lesson to heart and that parents understand why sometimes even a lesson like this is something that needs to be talked about with their own athletes and not something that is hidden away from them.

Fans need to read the codes of conduct for their favorite teamsFans need to read the codes of conduct for their favorite teams

By Gregory Moore

SAN ANTONIO – So you’ve just plopped out about $10,000 for two season tickets to your favorite team. The season for the NBA started this week and you just can’t wait. You’ve got your signs ready. You’ve got your gear you’re going to wear and you are just completely giddy over the prospect of being a season ticket holder. Well hold on for just a moment because what you need to hear is something sports fans rarely hear to begin with. As a season ticket holder for the NBA, you are an elite member but you are nothing more than just another fan and all fans have to abide by a code of conduct and if you don’t adhere to it, your ownership as a season ticket holder could be in jeopardy.

I guarantee you that if Mr. Hooman Hamzehloui of Windermere, Florida had read the code of conduct for fans, his actions would not have precipitated the dreadful event of him losing his season tickets this season with the Orlando Magic nor would there even be a story about fan behavior. And yet that was not the case and sadly this is partially due to the fact that fans of sporting event simply do not understand their role in fan/player altercations.

The NBA has gone through great strides in trying to maintain a closeness with its fan base but it realizes that there has to be some rules and regulations that both fans and those associated with the team and/or arena in which the game in abide by. The NBA’s Fan Code of Ethics can be found at http://icq.nba.com/news/arena_guidelines_050217.html. If you have never looked at this code of conduct before, you might want to peruse it now because the league has a right to snatch those tickets away from you. As Mr. Hamzehloui quickly found out, not only can a franchise do so, they will do so for the interest of the rest of the fans.

Now is Mr. Hamzehloui a bad person? Of course not. I think what he did was something that happens with people who are from different cultures than our own. Now don’t mistake this for some type of cultural supremacy because it’s not. Dikembe Mutumbo, Allen Iverson, Steve Nash or any of the other 300 plus players in the league would have had a problem with the language that came forth from anyone of any race. Racial epithets is something that no one should tolerate; whether they are known or not known to be sensitive by the person hurling them. And so when it comes to fan behavior and how to handle it, professional leagues have made an effort to put these codes of conduct in place so that everyone can have a rewarding experience.

THAT TICKET STUB DOESN’T GIVE YOU CARTE BLANCHE

It’s always amazing how many people believe that just because they have a ticket to a sporting event, they feel like they are entitled to be boorish, rude, and just down right nasty during that event. For example, have you ever heard of a Philadelphia Eagles fan being nice to a New York Giants fan at the Linc? Fan decorum in the city of brotherly love? Yeah right. We are talking about the people who booed Santa Claus if I’m not mistaken. But what the NBA and other leagues want are fans that are passionate yet who are respectful of others too. They want this type of behavior because respectful fans are paying fans and paying fans who are happy with how they are treated become repeat customers at that arena.

So just how serious are the leagues when it comes to fan disruptions and even the acute case of out of control fans needing to be removed from the fan base? Well the NFL’s policy is a really good one that has derived from dealing with unruly fans. Each club has its own set of rules and regulations but for the most part, the fan codes of conduct by the teams are on par to give a fan an opportunity stay in the game but without being disruptive.

The NBA’s fan code of conduct I’m a little more familiar with but it too is bendable but not breakable in leniency. But even if you look at the NHL or MLB and their version of this code, all of them will undoubtedly probably have this type of wording or similar on the following issues:
• There will not be any obscene or indecent messages on signs or clothing.
• Guests will sit only in their ticketed seats and show their tickets when requested.
• Players will respect and appreciate each and every fan.

Now I listed those three guidelines from the NBA’s fan code of conduct list but I’m sure you are getting the picture. Simply put, there are rules posted and the fans need to know what they are in order to insure they having a good time and that others are enjoying the experience as well.

But what about those fans that simply do not want to comply and who think that that ticket gives them all kinds of rights that even the owners may not enjoy at a stadium or arena? Then that is where enforcement of these rules and the revocation of tickets held by season ticket holders come into play from the league or team. I remember several news stories in which football fans from various cities found their tickets being revoked because either vile language or behavior by them or those who were sitting in their seats. In the case of basketball fans, the Detroit situation a couple of years back was enough for the league actually install their code of conduct and to also hold the players accountable for their actions.

What I’ve heard from a lot of fans is that they simply didn’t know that such codes of conduct existed. Oh that is no excuse in this day and age; especially if you are a season ticket holder. Teams go out of their way to have exceptional customer service and undoubtedly there is materials given out to each and every season ticket holder learns what is expected of them at that time. So ignorance of these rules really is not an excuse; especially with thousands of dollars at stake.

IS CULTURE SENSITITVITY TRULY NEEDED HERE

It’s hard to fathom that in the 21st century racial epithets are still said by individuals in this country but that shouldn’t be surprising. But with this country being such a melting pot, racial sensitivity is something that is an enigma these days. For sports fans, this shouldn’t be a problem but it seems to be a microcosm of our times of still not seeing each other as ‘equals’. In referencing back to the unfortunate story about Mutumbo and Mr. Hamzehloui, the reference of “monkey” to a black man is indeed offensive. Now whether Mr. Hamzehloui said something that was as derogatory as “you big monkey”, it was simply uncalled for and for that reason, the Orlando Magic and the NBA had a reason to react the way they did. Again, let me say that I don’t think that Mr. Hamzehloui is a bad individual. I think this was a simple case of a culture clash. However the cultural misunderstanding doesn’t excuse what he did. Far from it.

With the season kicking off this week in the NBA, let’s hope that everyone is learning to be more tolerant on and off the field and that fans learn to voice their displeasure without becoming so pervasive as to have a team or league ban them from a sport they may truly love.

CULTURE SENSITIVITY, PART II

Okay while I was spending time with my girlfriend two weeks ago, I had learned that it seems that a Dallas sports columnist decided to be very insensitive to a former Dallas Cowboys quarterback and call him a ‘junkie’ on her show.

One of the beat writers in Dallas for the BASN site told me that while listening to ESPN 103.3’s “Little Ball of Hate” show, Jennifer Floyd Engel repeatedly called Quincy Carter a junkie on her show. Now I can’t verify this to be fact or not but considering the fact that Ms. Engel has a sincere distaste for “Q”, it wouldn’t surprise me in the least. But what was probably more troubling was that I received quite a few e-mails from others who have heard similar comments made by her and some of those e-mails from the DFW metroplex are wanting myself and a friend of mine to actually add some ‘color’ to what one e-mailer called ‘Bland Sports Gab’.

I’ll make no secret that I’m not really a fan of LBOH or even GAC on that station. The only time I do listen to it is to hear the talking heads rail against one wide receiver and try to espouse what they would or would not tolerate with him. Of course that’s pretty much died down now since the Cowboys have won their first of three road games this month. But I am a little perturbed as to why a columnist of Engel’s caliber would stoop so low as to called a former quarterback a junkie without in substantive proof of the sort in this day and age. Forget about past transgressions for a moment. What has me a little miffed is that a columnist would go out of her way to dehumanize a young man who has had troubles in his life. And ‘Q’ is nowhere to be found in sports annals these days. So why take a crack shot at him when he can’t defend himself as a talk show host? Good question and someone should be asking them.

It’s kind of ironic that in sports we, meaning writers and talking heads, have to constantly bring about conversation of racial equality and cultural tolerance at an age when such things should be a forgone conclusion. In Engel’s case, if what was told to me via e-mails and voice messages are true, somebody in Big D needs to be reading her the riot act. I say that because it is something that journalists or media pundits should not be doing just to get ratings for your show or more readership of your column. I say that because it was just in the past few weeks Clear Channel of Atlanta let go two of its morning show hosts behind racially insensitive material. Whether it was meant to be a bit for a segment or not, those two radio hosts are out of a job and have pending litigation against them by the individuals they offended.

When it comes to cultural sensitivity, I can attest that I have had many Black athletes come and say they wish that they had more journalists of color and that many felt uneasy in dealing with talk show hosts or journalists who seemed to have a biasness that was on the ‘nasty’ side. Maybe there is some truth to that particular statement. Maybe not. But one thing is definitely a fact: sports journalists, pundits and talking heads should be above the fray on declassifying anyone who has had failures in their lives for the sheer enjoyment of trying to get ratings or readership. That’s not even tabloid journalism in my eyes; that’s yellow journalism and sports fans deserve something so much better than that.

League didn’t follow its own policy in fining Haynesworth for his actions

By Gregory Moore, Blackathlete.net columnist

SAN ANTONIO -- “Every employee is entitled to a safe and professional workplace free of criminal behavior, violence and threats against personal safety. Criminal conduct in the workplace or against other employees is prohibited. Any Covered Person who commits or threatens violent acts against coworkers, regardless of whether an arrest is made or criminal charges are brought, shall be subject to evaluation, counseling and discipline, including termination of employment.” – from the NFL’s Personal Conduct Policy

It’s something that just befuddles me at the present. Albert Haynesworth gets a five game suspension and the NFLPA wanted to actually put in the paperwork to appeal the suspension. For what? I want someone in that Washington, D.C. office to explain that reasoning. If Gene Upshaw and his crew haven’t figured out why the American public can’t stand his organization right now, it is because of this very act of business as usual. First things first though and the first order of business is to say that Haynesworth will not be contrite and he will do something outrageous again. It’s in his character to be disrespectful t the game and to other human beings. He’s got priors folks. He has kicked a former teammate during practice. He has thrown his helmet down during games in anger outbursts. If he isn’t a classic case for an anger management course then I don’t know who is.

So when I heard the news that the suspension was going to be five games I was floored. I knew the league didn’t have the balls to do something more substantive. What’s the matter Commissioner Goodell, an eight game suspension wasn’t good enough or too hard to fight with the union on? I don’t think so. I think the league shied away from such a punishment because they didn’t want to look like the bad guy in all of this. Yet maybe the league should read their own personal conduct policy. Once again, if the league is about employee safety, then the first paragraph of this op/ed piece is quite befitting of justifying a very harsh punishment.

Let it also be noted that sympathy is only afforded to those who believe they are truly sorry for their actions. Haynesworth wants sympathy and forgiveness because it is not in his character. Yeah right. Just like Adam “Pacman” Jones doesn’t believe that the Tennessee Titans need more guys who are of the goody two shoe variety. The savageness that took place when a play was over is now the hot button on the sociological ramblings of zillions of writers. And that is because of the thinking that Jones and Haynesworth seem to want to have as the basis of them playing a sport that pays them a lot of money. Forgiveness is easy when it’s warranted but when the person asking it has yet to understand that even in a world where brutal strength and big hits brings out the primal beast in all of us, it is the honor and respect of others that allows you not to become the bastion of the zillions of writers wanting your ceremonial head on a platter.

LEAGUE, UNION SHOULD HAVE SENT STERN MESSAGE

The union wanted to fight for Haynesworth and get his suspension reduced. That’s typical and under normal circumstances I wouldn’t have had a problem with the union wanting to file a grievance. But in this case I have a major problem and that is the fact that the union has done little to nothing in regards to Andre Gurode’s rights as a player or ‘employee’ of the NFL. I have a problem with the union because instead of them following the very paragraph that they also have on their website under the rules and regulations tab, they have decided that a player who assaulted another player deserves the right to have his case heard in front of an arbitrator. That, in my opinion, is very unacceptable behavior.

Let’s forget the fact that Haynesworth has waved off the appeal on his behalf. That is the first sign of him realizing that he has a problem. Let’s focus on the league’s punishment for a moment. There is an unwritten rule in football that you never do anything to injure a defenseless opponent. You do not clothesline tackle. You don’t chop block. And when it comes to a player who’s head is exposed from being without his helmet in a play, you err on the side of caution. I would have expected the league to stand up for Gurode a lot faster than for Haynesworth. I would have expected the decision makers there to explain to Haynesworth that the union is about protecting one’s financial resources; not about protecting a privilege. That is what I was expecting and I’m sure many other people were expecting the same thing. In essence I was expecting Upshaw and the union to defer not in filing a grievance on behalf of Haynesworth but to actually file one on behalf of Gurode against Haynesworth as a monetary punishment for one union member deliberately harming another. I think many would have called it policing their own.

But that didn’t happen. To date I have not seen a single news report or press release from anyone in the NFLPA saying that they will back Mr. Gurode should he decide to formally press charges against Haynesworth. The only player union representative that backs that idea is Gurode’s teammate, Greg Ellis; the team’s union representative. And the only other players who back that idea happen to be from Gurode’s teammates. That’s expected because he is family to them. But what of the overall family unit that is known as the NFLPA? Where are the other family members in regards to this situation?

The league and the union flubbed this opportunity big time. Albert Haynesworth is a loose cannon and it’s an easy bet that he is probably more comfortable apologizing in front of television crews than to those he inflicts harm on. This punishment of five games is awfully weak. Whether people like it or not, I think this act deserves the ultimate punishment and that is being fired from the Titans. Floyd Reese, Jeff Fisher and Bud Adams need to send a serious message from the Titans’ front office that savage acts on or off the field and borderline criminal acts will not be tolerated in that organization.

The team needs to take this further now and simply deactivate Haynesworth for the rest of the season for actions detrimental to the welfare of the franchise. Pay him the rest of his salary but have him sit at home with his kids. That’s the message that should have been sent by the league and the union should be backing such a decision. After all if both organizations truly believe in that very first paragraph, then the ultimate punishment would have been dealt and the rest of us would be feeling a little better about ourselves as sports fans of the game.