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Tiger Woods Pleads Guilty

Athletes, Tiger Woods

Update: Tiger Woods has pleaded guilty to reckless driving stemming from his Memorial Day drunk driving arrest. As part of his punishment he was put on 12 months probation, ordered to pay $250 for court costs, and has to enter a DUI diversion program. He is prohibited from drinking alcohol or taking drugs during the probation period. If he violates these conditions it could result in a 90-day jail term and a fine up to $500. However, his record will be wiped clean if he completes the diversion program and successfully obeys all other conditions. Note: no special treatment here for Woods–the punishment is basically what most first offenders get in Palm Beach Gardens for this type of violation.
The plea stemmed from the incident described below.

Golf superstar Tiger Woods was arrested in the early morning hours of Memorial Day in Jupiter, Florida on suspicion of driving under the influence. Apparently he was driving his Mercedes erratically and was “all over” the road.  At this point, it’s unclear whether he tested positive for drugs or alcohol in his system. But, Tiger, who is currently undergoing rehab related to a back surgery last month, released a statement Monday, claiming that alcohol was not involved in the incident, and that he had a reaction to prescription drugs.
He said, “I want the public to know that alcohol was not involved. What happened was an unexpected reaction to prescribed medications. I didn’t realize the mix of medications had affected me so strongly.” The dad of two also said, “I understand the severity of what I did and I take full responsibility for my actions.”
The pro golfer, who has won more major golf tournaments than any other player, other than Jack Nicklaus, even went so far as to thank the people who arrested him, “I would like to personally thank the representatives of the Jupiter Police Department and the Palm Beach County Sheriff’s office for their professionalism.” However, there are allegations that despite his post arrest respect for law enforcement at the scene of the stop he was arrogant and refused to take a breathalyzer test–in Florida this is grounds for arrest.
It’s hard to think about Tiger and cars and not recall the incident back in 2009 when Woods reportedly crashed his car into a tree in front of his Florida home, and news broke that he had cheated on his then-wife Elin Nordegren with multiple women. He issued an apology then too.
We’ll be watching this won.

Celebrity Herpes Lawsuits | Celebrity News | PROOF with Jill Stanley

Lawsuits: Celebs and Herpes

Athletes, Celebrities, Celebrity Lawsuits, Jim Carrey, Kim Kardashian, Kris Humphries, Michael Vick, Robin Williams

PLEASE BE CAREFUL OUT THERE!

The information in this post falls so squarely in the category of “stuff everyone should know” that I made my three teenage sons read it.  Twice. Here’s the main takeaway: if you give someone an STD you can be sued; if you get an STD you can sue the person who gave it to you.  You can stop reading now if you want or continue on and learn how you can protect yourself from such suits.

Lawsuits for the transmission of an STD can be based on theories of negligence and/or intentional acts and can include counts for fraud and emotional distress. In certain situations, criminal charges can also be brought. Celebrities are not immune from these suits and in fact, may be bigger targets than regular folks because they have deep pockets (translation: they have the money to pay for a verdict or settlement).

One celeb (ok, quasi-celeb) slapped with a herpes suit was Kris Humphries. Remember him? Kim Kardashian’s second husband? Might be hard as they were only married for 72 days in 2011 and with all of the fame Kim K has experienced since then it almost seems like that never happened, right?  Well, back pedal to 2010. Kris is just a basketball player and not yet trying to keep up with the Kardashians when he has a one-night stand with a woman named Kayla Goldberg.  A week after their night of unprotected sex, Kayla is diagnosed with herpes. She thinks Kris gave it to her so she sues him—2 years later.  Note, this was after his televised “fairytale” wedding in which he and Kim allegedly made out with more than 2 million dollars. Not sure what Kris’ NBA contract was then but at the time the suit was filed he certainly wasn’t hurting for cash.  

Ultimately, the suit included counts of sexual battery (I know this term sounds very violent like rape but here it refers to the intentional act of transmitting an STD to someone), negligence and negligent infliction of emotional distress. Kayla’s initial lawsuit filed in August 2012 included 2 counts of fraud, violation of the California Health and Safety Code, and intentional infliction of emotional distress but she dropped all of those in less than two months of filing.  So, what are we left with, what exactly is Kayla claiming? Well, she is claiming Kris knew or should have known he had herpes, never told her about it, yet had unprotected sex with her anyway.  And, as a result she suffered physical pain and injury, mental and emotional distress and financial damages. Where did she get the idea that he knew he had herpes? That’s where the case weakens. There are no allegations that he had sores or lesions, had ever experienced an outbreak, had seen a doctor for it, had ever mentioned or referenced that he might have had an issue with any STD, etc.  Kayla’s whole case is based on the fact that  she had sex with Kris and a week later was diagnosed with herpes. Had she not had sex with anyone prior to Kris then her claim would have been solid even without any assertions by Kris but that was not the case. Any one of Kayla’s prior sexual partners could have given her the disease (ALERT: Please be clear, I am not nor in ANY situation would I ever blame the victim or allege that because someone was sexually active they are responsible for a wrong, criminal or civil, that has been done to them by someone else. The only way Kayla would be responsible for getting herpes was if she consented to having sex with an infected person).  If you want to see the actual First Amended Complaint, including the claim that “Defendant earned Plaintiff’s trust throughout the night, and came across as charming, trustworthy, and caring,” click here.

In STD transmission suits, here is what the liability boils down to whether the claim is based on a theory of a negligent or an intentional act: Prior to intercourse, you have a legal duty to warn a sexual partner if you think you have a disease or might be infected with a disease.  If you breach that duty and harm results, you will be found liable. So, Kris had a legal duty to Kayla but in order to prove her case she needed to show that Kris breached it—that he knew or should have known he was infected with the disease. There are a few ways to do this—the easiest being to submit medical evidence.  And, that’s just what Kris did. He submitted blood tests that showed he didn’t have genital herpes (HSV-2).  But Kayla wanted more. She asked the court to order him to undergo testing for herpes simplex type 1 (HSV-1), the one most of us associate with cold sores and blisters on the mouth and lips. According to the University of Maryland Medical Center HSV-1 is transmitted through kissing or sharing glasses and utensils and though it can also cause genital herpes, HSV-2 is the main cause of genital herpes; and, as many as 90% of American adults have been exposed to HSV-1). The judge stopped it all right there. He denied Kayla’s request saying that given the circumstances (no doubt considering how common HSV-1 infection is) ordering more testing would have violated Kris’ privacy rights. Soon after this ruling the case was dismissed. Kris, despite initially threatening to file a counterclaim against Kayla for defamation, never did so. Most likely, he just wanted the whole thing to go away. Keeping a conversation going about herpes is not good for anyone’s game. And I’m not talking about basketball.

Herpes settlements and verdicts are big money though because there is no cure for the disease, there is a stigma associated with having it, and the infected person now has the legal duty to inform every lover of her condition for the rest of her life or risk being sued herself.  The late Robin Williams and former disgraced NFL player, Michael Vick both settled herpes transmission suits out of court for undisclosed sums. But, we can make an educated guess that those sums were substantial. Back in the late ‘80s the suit Robin Williams’ ex filed sought 6.2 million. That number may seem high but it is not unreasonable when you consider the fact that in 2011 a California court upheld a 6.75 million dollar verdict against hair care millionaire Thomas Redmond for giving his former girlfriend the disease.

As mentioned at the outset of this article, I think everyone should know their legal responsibility as it relates to transmitting STDS but another reason why I’m writing about it is because of a celebrity case that I will be discussing a great deal in the coming months—the wrongful death lawsuits filed against actor Jim Carrey by the husband and mother of Cathriona White, Carrey’s deceased former girlfriend. In those matters, allegations that he knowingly infected Cathriona with several STDs, including herpes, is a central issue.  And, because of the complexities in those lawsuits, it’s good that PROOF readers will understand the STD liability before we dive deeper into the other allegations.

Thank you so much for reading—I know this stuff isn’t fun but I’m glad you know it.  Please be careful out there. It’s a scary world.

Oscar De La Hoya Alcohol Troubles | Celebrity News | Proof With Jill Stanley

Arrest: Oscar De La Hoya Troubles with Alcohol Resurface

Athletes, Celeb News, Celebrity News, Celebs

Former world champion boxer Oscar De La Hoya was arrested Wednesday, January 25, 2017 in Pasadena, California for driving under the influence. California Highway Patrol  (yep, that’s CHiPS for all of you who remember the television show from the late 70s/early 80s with Erik Estrada) saw him speeding on Del Mar Boulevard in the early morning hours and pulled him over.  Officers performed field-sobriety tests; De La Hoya failed and was arrested (he was later released into the custody of his manager). The legal limit in California, as in most states, is .08%, and according to local law enforcement, De La Hoya was over that.

This arrest is particularly sad for the 43 year old boxer who been battling drug and alcohol addiction for years. Back in 2011 De La Hoya spoke publicly about his addiction, the fact, that he first started drinking at 9 years old at family gatherings in East Los Angeles. He also spoke of the role addiction played in the incredibly embarrassing incident from 2007 in which he was photographed in a hotel with another woman (not his wife), dressed in high heels, fishnets and lingerie.  When those photos became public, De La Hoya vehemently argued that they were fake. And due to his Golden Boy image, most believed him—it was hard for anyone to imagine this good looking, successful, boxing champ doing such a thing. But in 2011, De La Hoya admitted the photos were real and that the incident was fueled by his addiction to alcohol and cocaine.  In that very candid interview, De La Hoya said that his addiction and this incident had him feeling so low that he considered suicide.  Think about that. This world famous, successful boxer struggling so much that he wants to leave the world—leave his kids, his wife, alter his legacy forever.

And as for the woman in those cross dressing photos? Well, Milana Dravnel, a stripper, claimed to have had a year long extramarital affair with De La Hoya and said that De La Hoya was in fact in those images and that he willingly engaged in the incident. So what she’d do? Did she kiss her lover goodbye and wish him well? Nope. She sued him. She said he defamed her by telling the world the photos were fake when she was telling the world they were real. She also alleged that not only did De La Hoya’s team force her to recant her statements that the photos were real but they made her sign a legal document that prohibited her from selling the photos further (She had already sold them once and had done an interview about them on Entertainment Tonight).  De La Hoya settled the matter out of court, allegedly for $20 million.  Boy, did he pick the wrong woman to mess with.

To me, and to many others, it was almost amazing to consider that this icon, this American boxer who won gold at the 1992 Barcelona Olympics (hence the nickname), this media darling, this father, husband, and role model to many, fell so low. But De La Hoya’s story shines a light on the power of addiction, the way it can devastate lives. It proves that money, success, influence does not make you immune. And for many years, up until this new arrest, there was a bright side for De la Hoya. Though he retired from boxing in 2009, in 2011 he got treatment for his addiction, worked hard to get his life back together, and seemingly had done so. That is what makes this recent arrest so sad. Let’s hope it’s not a sign of a deeper problem for the former champ.  And, if it is, let’s hope he has the ability and the will to get back up again and fight.

celebrity News | Michael irvin accused of rape

Michael Irvin, Former Dallas Cowboy, Under Investigation for Rape

Athletes, Celebrity News, Celebs, Crimes, Dallas Cowboys, Michael Irvin, Rape

Michael Irvin, former wide receiver for the Dallas Cowboys is under investigation by Fort Lauderdale police for sexual battery. A 27-year-old woman claimed he raped her at the W hotel in Fort Lauderdale, Florida on March 21, 2017. Irvin denies the claims. Oddly this is the third time Irvin has been accused of sexual assault. Note though, he has never been formally charged in connection with any of those accusations. Very odd indeed.

The former Cowboy claims that the woman was a longtime friend of his, and has stated that the hotel’s surveillance footage would vindicate him. The football star says he and a group of friends were drinking until 4:30am when the woman followed him back to his hotel room. He claims that she was very drunk and that they were only in the room 15 minutes before he left to catch a flight, so he couldn’t have raped her. The “I was only was in there for 15 minutes, so nothing could have happened” is not a legal defense that is going to work. He is going to have to come up with something better which we guess is his goal by continuing to claim he did not have sexual contact with the woman.

According to the report, the woman said that she and Irvin were in a bar together before going back to their room. She claims she felt sick and only remembers fighting off his advances. She then told cops she feared she had been drugged and raped, and went to a medical facility to have a swab and blood test done. That last step was a smart move.

Irvin’s lawyer, Larry Friedman, said the following about the incident: “Michael was in Fort Lauderdale visiting his nieces and nephews at a track meet. He was also visiting his 90-year-old aunt and attending her birthday party. He was blindsided by news of these allegations.” The lawyer went on to say, “Even the complaint that she made specifically says she does not recall the events that took place. She was very drunk that night. Nothing happened and there was no assault.”

Of course, at this point the only two people who know what happened in that room is Irvin and the woman but the fact that she alleges she was drugged certainly makes recalling the event difficult.  Hopefully the medical evidence collected will help reveal the truth in this very troubling situation.

Interested in learning more celebrity news? Please peruse PROOF. We have tons of celebrity news articles about your Hollywood favorites. 

Johnny Manziel Restraining Order Violation | Celeb News | Proof with Jill Stanley

Johnny Manziel Protective Order Sealed!

Athletes, Celebs and Restraining Orders, Evidence, Johnny Manziel

Whether or not Johnny Manziel violated a protective order because he was in the same Miami club as his ex-girlfriend, Colleen Crowley, will be pretty hard for anyone other than the parties (and law enforcement) to determine because the documents, which are generally matters of public record, are sealed. And, this was not the average protective order.

My sources in Texas tell me that Crowley and Manziel each hired private, high powered lawyers to negotiate the terms of the protective order and then presented an agreed upon Order for the judge to sign–this was no boilerplate agreement. Could have even been a carve out for nightclubs and bars.

If Manziel did violate the Order though and anyone acts upon that violation, he could be charged with a class A misdemeanor the punishment for which includes a fine not to exceed $4,000 and/or not more than a year in jail.

We have an inside scoop on this story, stay tuned for more updates coming soon!

People v. OJ Simpson | Celebrity News | PROOF with Jill Stanley

The Case We Can’t Stop Talking About: The People V. O.J. Simpson

Athletes, Criminal Law, OJ Simpson

Most of us know that before he became an accused murderer, O.J. Simpson was a record-breaking NFL running back.  After retiring from the game, he remained in the spotlight providing sports commentary, appearing in movies, or endorsing products. Who can forget the Hertz commercial of him running through the airport?

The Bronco and the Highway Chase

Perhaps one of the most bizarre aspects of the OJ murder arrest was on June 12, 1994 when every major TV station interrupted their broadcast to show a live shot of a slow car chase. This wasn’t just another LA mad gunman story: it was OJ Simpson allegedly fleeing a murder scene in a white Ford Bronco while his friend, Al Cowlings, was driving at or below the speed limit. Domino’s pizza reported one of the best days ever, with a record number of deliveries.  The police found nearly $9,000 in cash, a fake mustache and goatee, makeup adhesive, a gun, and, Simpson’s passport in the Bronco. Very odd. Was Simpson going to escape the country in disguise, but somehow use his own passport. And the gun? What was that for?  Simpson claimed he wasn’t running from anyone but I don’t know about you but when I’m driving with a friend in my car, I’m the one behind the wheel and he’s sitting next to me. I’m not in the back with fake hair, a pile of cash, and a gun.

The Murders of Nicole Brown and Ron Goldman

Meanwhile, back at OJ’s Brentwood, CA (a toney LA neighborhood) home his ex-wife, Nicole Brown, and her friend, Ron Goldman, were lying outside, dead allegedly killed by a single knife by a lone killer. The crime scene was littered with evidence: a bloody glove, a knit cap, and a trail of blood.

The Trial of the Century

Simpson was charged with the double murder. He plead not guilty despite the substantial amount of physical and circumstantial evidence, including DNA analysis as well as witness testimony against him. His legal team led by the late Johnnie Cochran, included Robert Kardashian, the father of Kim, Khloe and Kourtney (this was way before Kardashian became a household name). People were riveted by this case, it was all anyone was talking about. In fact, more than 100 million people tuned in to hear the jury’s Not Guilty verdict. As we all can remember: the glove did not fit so the jury acquitted.  

Wrongful Death Suit Against Simpson

Not surprisingly, after the criminal case, the families of the deceased sued Simpson for wrongful death suit. The burden of proof in a civil suit is much lower than the beyond a reasonable doubt required in criminal case. This time the families were victorious.  The civil jury found OJ liable for Brown and Goldman’s death and was ordered to pay more than$30 million in damages to the Brown and Goldman families.

Sentenced to Prison

That should have been the end of OJ’s legal troubles, right?  But, it was not. He was arrested in 2007  for an incident in Las Vegas involving a hotel room robbery. He was charged with using a deadly weapon to commit burglary and armed robbery, and kidnapping. Simpson was sentenced to 33 years; he is eligible for parole in October 2017.

Books and TV Series,

Never one to shy from the spotlight, Simpson wrote a book titled, “If I Did It: Here’s How it Happened.” Actually, a ghost writer who authored it, but Simpson offered details of how and why he would have killed Brown and Goldman, if he had done it. Another odd aspect of this very odd tale. In 2007 a judge ordered rights to the book to the Goldman family. They published it and changed the title to: If I Did It: Confessions of  a Killer. The proceeds from the book would go to the Goldman family as partial payment of the civil judgment (OJ had filed for bankruptcy) as well as other creditors, including the Brown family.

Dozens of OJ Simpson murder trial related books have come out over the years. Pretty much anyone involved with the trial or Simpson wrote a book: jury members, lawyers, Simpson’s friends, even an ex-girlfriend of his.

America’s fascination with OJ Simpson and the murders of Nicole Brown and Ron Goldman continued and in early 2016, cable network, FX, presented season one of the true crime anthology TV series American Crime Story, and featured the The People v. O.J. Simpson. Critics loved it and the show won big at major award shows including the SAG awards, Emmys, and the Golden Globes.

Celebrity News | Chris Brown Legal Problems

Learn the Truth About A-List Stars and Our Justice System

Athletes, Chris Brown, Life, Mark Geragos, Nicole Ritchie, OJ Simpson, P. Diddy, Usher

Are celebs above the law? Does a privilege exist for them which means they “get away” with conduct that regular, everyday citizens would never? Maybe yes. Maybe no. But if yes, why do they get this special treatment? Is it because they can sing? They can act? No. I believe it has nothing to do with their talent (or their looks!) but rather it is what privilege and celebrity can buy. And that, my friends, is a good lawyer. A good lawyer is creative, can hire experts to poke holes in a case and fully investigate witnesses in order to question their credibility. A good lawyer can raise enough doubt that a jury won’t convict or find for the plaintiff. And a good lawyer is nothing if not expensive. How expensive? Well, lawyer to the stars, Mark Geragos did not amass a net worth of more than 25 million by charging a hundred bucks an hour. Though I don’t know his hourly rate or if he charges by case (it’s likely he does both), I would venture to say his rate is well over $1000 per hour. But, that’s just a drop in the bucket for those on Geragos’ client list which includes Chris Brown, Usher and Nicole Ritchie.

The counter argument to preferential treatment is that scrutiny is at its most intense in high profile cases so those in the system are especially careful. New York based attorney to the stars, Ben Brafman, who has represented P. Diddy and many others, has been known to say that authorities like to use high-profile cases to send a message about obeying the law and thus the system is more stringent with celebrities. I agree with him. The truth is no one in the justice system wants to face public outcry or press hostility for any matter and certainly not one involving a celebrity. In today’s world when celebs instagram from crime scenes or tweet on their way to court and everything seems to be captured on film, prosecutors, lawyers, and judges need to be very careful with every decision they make, witness they call or ruling they issue.

In the end I agree with famed legal scholar and lawyer, Alan Dershowitz, a member of OJ Simpson’s Dream Team, who said, “It is true that the legal system treats celebrities differently from average folks…it could be worse treatment, or it could be better treatment. The coin flips two ways.”

Hope You Like Orange, Jerry | Celebrity News | PROOF with Jill Stanley

We Hope You Like Orange, Jerry Sandusky

Athletes, Criminal Law, Daily, Jerry Sandusky, Top Stories

With college football season about to kick off, Jerry Sandusky is back in the news. Yes, the Jerry Sandusky of Paterno and Penn State “fame.” We all thought we were done with this convicted child molester thanks to the 30-60 year sentence that was handed down in 2012 but alas, no. Just this week, Sandusky took the stand at a hearing in which he sought to have his conviction overturned or at least receive a new trial. Based on what you ask? In layman’s terms, he is arguing that his lawyer was so bad that it resulted in him being wrongly convicted and, at the very least, Jerry should have another chance to prove his innocence.  These types of appeals, based on what is referred to as an ineffective assistance of counsel claim, are not easily won—even appeals based on lawyers who were sleeping during a trial have not been found to have been ineffective! So, Sandusky’s claim that his lawyer never really explained to him what it meant for him not to testify or that he gave him bad advice when he allowed him to be interviewed on camera by Bob Costas (Really? You were an assistant coach at a college football powerhouse for 30 years and you didn’t know the effect of an interview with a well-known sportscaster?) are not likely to sway the judge. The fact is judges generally defer to trial court findings.  So, orange is definitely remaining the new black for you Jerry. No way you win this one.

Celebs Under the Influence | Celebrity News | Proof with Jill Stanley

Here’s Why You Don’t See Celebs Under the Influence Getting Jail Time

Athletes, Daily, Life, Top Stories

The number of celebrities who drive while intoxicated is high – no pun intended. That’s because, as I keep saying, at the end of the day, they’re human, and they drive drunk about as much as the rest of the population. The numbers are staggering. According to the Centers for Disease Control, an estimated 4 million U.S. adult respondents reported at least one episode of alcohol-impaired driving. And the State Department reports that in 2011, 1.2 million were arrested for driving under the influence or alcohol or narcotics. But, with regard to drunk driving and the justice system that is where the similarities between celebs and mere mortals end. Why is it that famous people seem to have an easier time “beating” these charges? One main reason: money. Celebs have the financial ability to hire really good lawyers. Can I say that any louder? Money=Rock star Representation. The truth is there’s a difference between a really good lawyer and an average one. As Jesse Lorona, a lawyer known for successfully fighting DUI charges says, “Having the benefit of an aggressive DUI lawyer is critical. The state is required to prove its case beyond a reasonable doubt … the defendant is not required to prove innocence. Our goal is to make sure that when the state fails, our clients are not wrongly convicted. There are many, many ways to defeat a DUI charge.”

Mr. Lorona is correct and if you have the funds to retain these tough, savvy advocates to fight on your behalf, your odds of getting an acquittal or a sweetheart plea deal definitely go up. And, in most states in order to prevail in a DUI/DWI case, it helps to hire an expert witness—which costs money! Generally, this is a toxicologist who will find holes in the government’s case regarding any alcohol level testing that was done. They’ll analyze the test and delve deep into figuring out if the test was performed properly, how much time passed between when it was performed and when the celeb was actually behind the wheel, and if the results were in fact read and interpreted accurately. If the hired witness can help weaken the government’s case, the easier is to get off or get a better plea deal.

DUI lawyer Jess Lorona

Yep. Stars, they’re just like us. Sorry, at PROOF we tell it the way it is.

NB to all: How ‘bout we all just uber or have our assistants drive us where we need to go. Or better yet, just party at home and stay put.

Hulk Hogan Wins Lawsuit | Celebrity News | PROOF with Jill Stanley

Here’s How Hulk Hogan Wrestled $140M Away from Gawkerr

Athletes, Celebrity Lawsuits, Hulk Hogan, Top Stories, Trending

By now you have probably heard that in March 2016, Hulk Hogan won a $140 million verdict against Gawker Media, an online media company and blog network.  Here is a quick overview of what happened:  Hulk Hogan’s real name is Terry Bollea.  In 2012, Gawker Media posted a video of Mr. Bollea (Hulk Hogan) having sex with his former friend’s now ex-wife. Despite multiple requests to have the the video taken down, Gawker refused. Eventually Hogan filed suit and the case went to trial.  In general, people who are deemed to be “public figures” have a lower expectation of privacy than we mere mortals do.  At trial, Gawker argued that Hulk Hogan is a public figure and therefore posting and maintaining that video on their site  did not invade his privacy.  Hulk Hogan disagreed and said the video was not his public persona, Hulk Hogan, but rather a video of Terry Boella as a private citizen in his private capacity.  The jury agreed with Hogan/Boella and awarded him $140 million in damages.  So, Hulk gets the money and all is well that ends well, right? Not so fast.  Gawker filed bankruptcy after the verdict and has appealed the case.  There are talks of settlement  but so far nothing.  PROOF will keep an eye out and keep you posted on any developments.

Shaun White Sexual Harrassment | Celeb News | Proof with Jill Stanley

Shaun White, I Am So Mad at You

Athletes, Shaun White, Top Stories, Trending

I really am. You were my favorite snowboarder, my kids looked up to you, we even have a skateboard you signed that I got by trading in thousands of credit card points. I’m thinking about selling it on Ebay or, on second thought, maybe I’ll just throw it out. And when everyone was referring to you as the Flying Tomato, I refused to do so, thinking you were too cool for that silly nickname. But, you know what? There are a few names I’d like to call you right now and they make that sound like the height of coolness. Yeah, you know what I’m talking about, Shaun. For those of you who don’t, and from my unscientific poll, many don’t, here’s what is going on with this former Olympian: He’s being sued for sexual harassment and back pay by Leah Zawaideh, his former Bad Things bandmate. Among Zawaideh claims is that White sent her sexually explicit texts, forced her to watch pornographic videos (some involving animals), and tried to coerce her into wearing revealing clothing on stage. When she refused to comply with his demands, the snowboarder fired her and refused to pay wages she rightfully earned. Zawaideh has released some of the texts and they are not pretty. But more than that, they are actionable which means they present solid evidence on which to base a sexual harassment claim. Interesting, though, White doesn’t deny sending the texts but rather, cavalierly says the the two were friends at the time and that she’s now using them to craft a bogus lawsuit. Really? Is that how we treat friends. She’s not your former girlfriend, she’s not your former lover, she not your former anything other than your bandmate and you misread that relationship. Not sure why. She didn’t ask to be treated this way. She didn’t ask for the d**k pics, the porn. And while you have a right to shape your band’s image, you can’t do so by violating the law.

Here at Proof we stand behind Lena Zawaideh and her strength in choosing to pursue a case that won’t be easy nor popular. We commend you for saying loudly and clearly that women shouldn’t have to tolerate harassment at work and Shaun White shouldn’t be allowed to do whatever he wants just because he is famous. No need to be embarrassed anymore, Leah. You’re my new hero(ine). Got a pair of drumsticks you can autograph for me and my kids? I’ll gladly hand over my credit card points.

Another Lawrence Taylor Arrest | Celeb News | Proof with Jill Stanley

Another Lawrence Taylor Arrest: Can the Former Linebacker Tackle This One?

Athletes, Lawrence Taylor

Lawrence Taylor, former Giants’ linebacker was arrested on Saturday night, September 3, 2016, in Palm Beach after he allegedly hit a motor home and then sideswiped a cop car that was parked on the shoulder of the Florida Turnpike.  According to the police report, when the officer asked LT if he had anything to drink, LT responded, “Apparently too much.” As a former prosecutor, I can tell you that admission along with the trooper’s on-scene observations and LT’s failed field sobriety tests do not bode well for him. Also, almost five hours after the accident, LT was found to have blood-alcohol level of .082 and .084. The legal limit in Florida is .08.  Toxicologists assert that, on average, for every hour that passes from the time a person stops drinking, the blood-alcohol level drops by .015 percent.  So, clearly 5 plus hours earlier, LT’s blood alcohol level was substantially higher.  So maybe you’re thinking LT, with his less than stellar legal history (He has been arrested multiple times,  has spent time in jail and has admitted to problems with drugs, among other things.) should have said NO when asked to perform roadside tests or to having his blood alcohol level tested but that would not have been a wise choice.  Florida, like most states has an “Implied Consent Law” which basically says that when you sign for your drivers license you agree to take a blood, urine or breath tests if you are pulled over and asked to do so. Refusal to take any of the tests results in an immediate one year suspension of your license.   Not likely LT was thinking of the “Implied Consent Rule” at the time of the test request, especially with that .084 limit so many hours after drinking; actually not likely he was thinking about much.  The only silver lining for this linebacker? No one was hurt in the accident.

Just so you know, as a native New Yorker, I was always a huge LT fan and find this pretty sad all around.

Are Aaron Hernandez Tattoos Evidence? | Celeb News | Proof with Jill Stanley

Aaron Hernandez Tattoos Admissable in Double Murder Trial

Athletes, Criminal Law, Legal

Aaron Hernandez had it all—a $41M contract with the New England Patriots, a beautiful fiancée, a new baby girl, and a large home in Massachusetts. All that came to a crashing end when in June 2013 he was charged with first degree murder of Odin Lloyd, the boyfriend of his fiancée’s sister. Things got worse from there. In 2014 he was indicted for the 2012 murders of Daniel Jorge Correia de Abreu and Safiro Teixeira Furtado. In 2015, he was convicted of the murder of Lloyd and sentenced to life in prison; he was indicted that same year for witness intimidation of Alexander Bradley, Hernandez’ “friend” who was with him the night of the double murder of Abreu and Furtado and allegedly saw what occurred. (This wasn’t just any ole’ witness intimidation. Hernandez is accused of shooting Bradley in an effort to silence him about what he saw that night). The witness intimidation matter is on hold but Hernandez is set to stand trial in 2017 for the double murders. Talk about a fall from grace. Stores today can hardly give away a #81 Patriot jersey.

Along with being known as a great tight end, Hernandez was also well known for his body ink. He was frequently photographed showing it off so it’s somewhat of a just dessert that his tattoos would one day come back to haunt him in a very real way. And that is exactly what is happening now.

In 2013, Hernandez went to a California tattoo parlor and added three tattoos to his collection. All three of the tattoos are on Hernandez’ arm. Each of the three, the prosecution argued in its’ motion, had meaning and served to commemorate the double murder and the witness shooting. The first one is of a revolver with five bullets in the chamber—one bullet is missing. The night of the double murder, five shots were fired into the car in which the decedents were seated. The second tattoo says “God Forgives.” The words are written backwards so they can only properly be read in a mirror. The third tattoo is of semi-automatic gun with smoke coming out of it along with one spent shell casing. This is the type of gun ballistics showed was used in the Bradley shooting. Further, allegedly, one spent shell casing was found on the ground next to Bradley. Assistant District Attorney, Patrick Haggan, the prosecutor handling the Hernandez case argued that these tattoos link him to the crimes and should therefore be admissible.

It should be noted that after Hernandez’ conviction for the murder of Lloyd he hired new attorneys. Currently he has a five member defense team. The most famous? Jose Baez, who is best known as being the lead attorney in the Casey Anthony trial. You remember her—mother of the year, in 2011 was acquitted of murdering her two year old daughter, Caylee. Naturally Baez and the rest of the team is fighting the government at every turn and with no holds barred. They argued that the prosecution’s theory was speculative, called for inference and that the tattoos were not relevant to the case. They further contended that allowing jurors to hear about these tattoos would violate Hernandez’ constitutional right to a fair trial. No win for Baez on this round. The court ruled that all three tattoos are admissible as evidence at trial for the purpose of connecting Hernandez to the killings. Good ruling, your honor but with the current state of the law regarding tattoos as evidence, you may just have created an appealable issue should Hernandez be found guilty. And though it would be interesting to see how a higher court rules on the matter, it won’t make make much difference for Hernandez as he is already serving a life sentence for the Lloyd murder and still has to face those witness intimidation charges.

Last, Hernadez is facing several civil lawsuits stemming from his actions. After paying all of his lawyer fees though, I’m not sure how much of those NFL millions will be left to satisfy any civil judgments. For a better sense of what Hernandez’ lawyers are costing him, check out my video on how much criminal lawyers charge.

*Photo by Jeffrey Beall

Are Aaron Hernandez Tattoos Evidence? | Celeb News | Proof with Jill Stanley

Aaron Hernandez Murder Conviction Vacated

Aaron Hernandez Murder, Athletes, Celebrity News, Celebs, Crimes

When former New England Patriot Aaron Hernandez died on April 19, 2017 he was a convicted murderer, now, less than a month later, that conviction has been wiped from his record.

On May 9, 2017, in Fall River, Massachusetts, Superior Court Judge Susan Garsh vacated Hernandez’ first-degree murder conviction resulting from the 2013 death of Odin L. Lloyd, citing a centuries-old law that states that convictions can be vacated if the defendant is in the process of appealing.

State prosecutors opposed the conviction being vacated and have vowed to take the case to the state Supreme Court. They argue that the law, which dates back to colonial times, was precisely the reason that Hernandez committed suicide.

Bristol Assistant District Attorney Patrick Bomberg said, “This is not a defendant who has arrived at the killing of himself by happenstance.” He and fellow prosecutors argued that Hernandez knew about the law and committed suicide to clear his legal standing, which could benefit his heirs. Some experts have speculated that a vacated conviction would enable his heirs to collect an almost $6 million contract from the Patriots that had been withheld when he was arrested.

But that argument didn’t sway the judge, who ruled, “This court cannot know why Hernandez may have chosen to end his life and declines to infer an intent by Hernandez to relinquish his appellate rights or an intent to interfere with the course of justice from his reported suicide, a tragic act that may have complex and myriad causes.”

Naturally, Odin Lloyd’s family members were not pleased with the court’s ruling. They openly wept in court and his mother Ursula Ward told reporters of Hernandez, “In our book, he’s guilty, and he’s going to always be guilty.” Ms. Ward, we at PROOF agree with you. But, know that he wasn’t found innocent by a jury or a judge the vacating of his conviction is simply what some would refer to as legal technicality. And although we know it doesn’t feel good or fair, unfortunately it happens in the law. Perhaps the prosecution will win the appeal and the conviction will be reinstated. In the meantime, pursuing the civil case against Hernandez’ estate may ultimately bring some sense of peace or justice.

And, as far as the civil case against Hernandez’ estate, it is and should go on. While it certainly would have been beneficial to have been able to admit into evidence Hernandez’ criminal conviction (it would have taken care of a lot of proof issues) the burden of proof in a civil matter is much lower than in a criminal matter which most know is beyond a reasonable doubt. As such, proving the underlying act–that Hernandez murdered Lloyd–will not be as difficult as it were at the criminal level. Put plainly, if there was enough proof to obtain a criminal conviction, then if that same proof is presented and understood correctly by the jury in the civil case, it should be more than sufficient to support the finding that Hernandez caused Lloyd’s wrongful death.

In fact PROOF readers, you recall that OJ was acquitted at the criminal level but was found liable at the civil level.

Another potential positive side effect of the conviction being set aside is if the 6 million from the NFL becomes available then it could potentially be used to satisfy a judgment that the jury in the civil matter awards to the Lloyd family

And another twist in the Hernandez saga? His attorneys aren’t wholly convinced that his death was a suicide or if it were, that it couldn’t have been prevented. Hernandez was found hanging from a window in his jail cell with a bedsheet around his neck, and though the state says there was no wrongdoing and it was a suicide, Hernandez’ legal team, led by Jose Baez, is conducting its own investigation into his death. It is not unlikely that Hernandez’s family will file a lawsuit if they think officials didn’t do enough to prevent his death or if they created a condition which allowed his death to occur.

If there is one thing that can be said about the Hernandez matter it is that it is tragic all around.

NFL and Marijuana | Celebrity Legal News

NFL and Marijuana: Does the League Care about the Players?

Athletes, Legal

Pot is now legal for recreational or medicinal use in more than half the country. Some states have only decriminalized it meaning that if you’re found with it in your car or in your pocket it will be treated no more seriously than a traffic infraction. Despite all these changes and changing attitudes in general toward pot, it remains banned by the National Football League—for any type of use. What this means is that if a running back on the LA Rams wants to smoke with friends in the privacy of his Calabasas, California home but then tests positive for marijuana, the League will sanction him.  Same result if that player smokes pot to help ease his chronic pain brought on by years of blocking and tackling.  The League test all players for marijuana use and suspends a player after four violations. In the NFL, the penalty for pot smoking is pretty hefty.

So, why does the NFL not let players smoke in states where it’s legal, like Colorado and California? The NFL stands behind its ban based on the fact that pot is still against federal law and is classified as a Schedule 1 drug.  When something is a Schedule 1 drug it means that the DEA (US Drug Enforcement Agency) considers the drug or substance to have a high potential for abuse and that the drug or substance has no currently accepted medical treatment use in the U.S. (I know it’s almost hard to take this second part seriously as it relates to cannabis).  So, for both the federal government and the NFL, their position is that until there is more research they’re not changing their minds.  Whether sufficient funds are put towards research that they will deem convincing will have to be the subject of another post.

Moreover, players believe there is a hypocrisy to the NFL’s position where team doctors are alleged to hand out opioids and other addictive prescription drugs like candy.  These players say that the League, the doctors, the owners have one goal in mind—and it’s not the health of the player. Rather, it’s simply to get the player back on the field, winning games, and earning money. The fact that many of the drugs team doctors prescribed are highly addictive does not seem to be much of a concern to the League. Some compare the League’s attitude toward this risk of addiction to their handling of CTE (Chronic Traumatic Encelopathy)—they are keeping their head in the sand.  Fact is, players are worried and would prefer to use pot to treat pain.  According to a recent ESPN poll of 226 of them from the AFC and NFC (they were guaranteed anonymity),  59% of those questioned said they are worried about the long term effects of pain killers and 61% said that if marijuana were an allowed substance fewer players would take pain killers.

It should be noted that in November 2016, a group of physicians and experts as well as current and former players signed “An Open Letter to the National Football League.”  Among other things, this letter addressed the benefits cannabis has on treating pain and pointed out that the National Hockey League does not test all of its players for marijuana and that a Major League Baseball player would have to fail multiple tests before being sanctioned for its use, and then the sanctions are almost always fines.  This letter is chock full of eye-opening information about the NFL and marijuana, click here if you’d like to read it in its entirety.

We can’t discuss marijuana use in the NFL and not talk about Buffalo Bills offensive lineman, Seantrel Henderson. The 24 year old Henderson has Crohn’s Disease. If you know anyone who has this disease then you know it is life altering.  According to the Mayo Clinic, there is no known cure for Crohn’s, a disease that causes abdominal pain, severe diarrhea, fatigue, weight loss and malnutrition, and is painful, debilitating and can lead to life threatening complications.  Henderson, however, has found something that eases his pain—marijuana.  And, he’s not the only one.  A study performed by the National Center for Biological Information, which is part of the National Institutes of Health (which is part of the U.S. Department of Health and Human Services!!!) found that cannabis produced significant clinical benefits to patients with active Crohn’s disease.  But Henderson is finding himself between rock and a hard place as it relates to treating his disease. In the 2016-2017 season, he has been suspended twice by the NFL for violating the League’s substance abuse policy due to his marijuana use. The punishment for his second violation was a 10-game suspension without pay; he endured a four-game suspension earlier in the season. But just like the disease from which he suffers, there’s truly a life altering part of this story: if Henderson fails another drug test he will be banned from football for life.

What is Henderson supposed to do? He’s had multiple surgeries since being diagnosed with Crohn’s, his doctors are telling him cannabis is the best treatment, but the League refuses to carve out an exception.  He did try to appeal his suspension, which would have lessened the risk of a lifetime ban, but he was unsuccessful. So Henderson is left in a very difficult situation. If he stops smoking, his health suffers and he risks his life; if he continues to smoke and tests positive, he risks his livelihood. Not an easy choice for a sick 24 year old member of the NFL.

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