2015-04-23

U.S.A.'s National Football League's due diligence on All-Pro Greg Hardy shows what the Dallas Cowboys lacked

Story by Yahoo Sports
Written by Eric Adelson

Jason Garrett said the Dallas Cowboys did their due diligence on Greg Hardy.

Lisa Friel's due diligence was far better.

The NFL made a necessary statement on Wednesday, suspending Hardy for 10 games in the wake of a domestic violence incident involving the Dallas defensive lineman. It was Friel, the former Manhattan prosecutor, who led the league's investigation. She is clearly unafraid of aggressive fact-finding in her new role. She's also unafraid of waiting on a conviction to act.

"The NFL's investigation concluded that Hardy violated the Personal Conduct Policy by using physical force against Nicole Holder in at least four instances," the league's release states.

Four separate instances.

"First, he used physical force against her which caused her to land in a bathtub," the league's statement detailed.

"Second, he used physical force against her, which caused her to land on a futon that was covered with at least four semi-automatic rifles.

Third, he used physical force against her by placing his hands around Ms. Holder's neck and applying enough pressure to leave visible marks.

And fourth, he used physical force to shove Ms. Holder against a wall in his apartment's entry hallway."
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The listing of each of these horrifying examples is important. The attacks are not gathered into one "mistake." Each of these assaults could have done irreparable harm and therefore go beyond even Ray Rice's assault on his then-fiancée, Janay Palmer.

Also important: Friel didn't need to rely on the input of Holder, who couldn't be tracked down for an interview. This is a crucial departure from the way the Rice affair was handled, where Palmer's perspective was considered in a way that likely caused leniency against Rice.

Often, an assault victim is too afraid to come forward and testify against her assailant. That victim understandably fears retribution for snitching, and puts her (or him) in an unfair situation.

Friel, having done her own due diligence, felt she had plenty of evidence without speaking with the victim. She also had plenty of evidence even though the case was settled out of court after authorities couldn't locate Holder. Just because Hardy was found guilty at the initial stage by a North Carolina judge only to have the charges dismissed prior to appeal because Holder couldn't be found to testify doesn't mean he did nothing to hurt Holder or the reputation of the league.

"The NFL's investigation involved numerous interviews with witnesses and experts," the league statement reads, "a review of hundreds of pages of court records, documents and exhibits, photographs, police reports, medical records, and reports and opinions of medical experts retained by Hardy's attorneys and by the NFL office.”

In other words, this went far beyond the Cowboys' canvassing of mostly favorable voices when investigating Hardy – an "exhaustive amount of research," Garrett called it – prior to signing him. Rather than looking for a way out of an uncomfortable conclusion, which is what the Rice investigation reeked of, Friel was looking for the full truth of what happened.

What Friel found was that Hardy did not disclose the full truth of what happened.

"The NFL's investigation also concluded that Hardy failed to provide complete and accurate information to NFL investigators and members of the NFL staff," the league reports.

The league is trying to stamp out the almost ubiquitous suppression of details in these cases. Obfuscation is a part of the stain of domestic violence, because it puts the victim on the defensive. An assailant, by fudging or omitting details, creates the he-said, she-said impasse that often leads to blaming the person who has been hurt most. And that assailant often has help not only from team personnel, but also from local law enforcement. Friel is right to send a message that story shaping and whitewashing won't be tolerated.

Both Friel and commissioner Roger Goodell are rightfully aware that Hardy's future is in peril as well – and not just on the field – so they've prioritized his rehabilitation.

"Commissioner Goodell directed Hardy to obtain a clinical evaluation to be conducted by a qualified professional of his choosing," the NFL stated. "Should counseling or treatment be recommended, Hardy will be expected to comply with those recommendations and provide appropriate releases to allow the NFL office to monitor his compliance with the evaluation and any follow-up care."

In other words, they don't just want to punish him, but they want to make sure he's right before they let him back on the field. That's not just good for them, but for him, too, because the NFL and the Cowboys aren't the only ones who need Hardy to be a better citizen.

As such, the league's statement to Hardy ends on an appropriate note, warning the lineman, "another violation of this nature may result in your banishment from the NFL."

This is really how it should have been for years. There are always two sides to every story, so it's not likely (or appropriate) that allegations will always lead to suspensions. But finally the NFL is following through on its mission to keep to standards above and beyond toeing the legal line. There is due process, and there is the process due someone who has been harmed by a member of the NFL. It seems Lisa Friel is someone who can be trusted to understand both.

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