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History of leniency: NFL domestic cases under Goodell

Brent Schrotenboer
USA TODAY Sports
NFL Commissioner Roger Goodell has vowed that the NFL will develop better policies to both prevent domestic violence and also deal with league players who are implicated in incidents.

Since September 2006, law enforcement authorities have pursued 50 domestic violence cases against NFL players, including one for murder and at least five allegations of assaulting or choking pregnant women.

As the league faces a firestorm of outrage over how it handled recent cases, USA TODAY Sports looked at every case in which an NFL player was accused of domestic abuse since NFL Commissioner Roger Goodell took office eight years ago.

Three trends emerged:

--A brief suspension: In at least 14 cases, the league or the team suspended or deactivated the players, mostly for just one game. Only one of those was suspended more than two games prior to the league's recent controversy involving then-Baltimore Ravens running back Ray Rice, who was suspended indefinitely after video surfaced that showed he punched his now-wife in the elevator of an Atlantic City casino.

--No suspension: In 16 cases, the league did not suspend the player, often in accordance with how prosecutors viewed those cases. Seven of those cases resulted in legal charges being dropped, plus one acquittal. Six others entered diversion programs to avoid prosecution.

--Grandstand justice: In 15 cases, players were released or not re-signed by their teams soon after their arrest and then never played another NFL game. These players often had marginal talent, but teams could make a show of their release by appearing to have a zero-tolerance policy toward domestic violence

DEALING WITH ABUSE

In many ways, the NFL's history with domestic violence reflects society's evolving views on the problem.

After long being considered a private issue to be kept inside the home, domestic violence has gotten increased attention from law enforcement and policy makers in the past 40 years.

It remains a scourge in society, affecting one in three women during their lifetimes and about 20 victims per minute on average, according to statistics collected by the National Coalition Against Domestic Violence.

But views on how to address the problem have progressed. And that's where the NFL steps into the picture in 2014. The league is trying to improve and toughen its personal conduct policy after several recent high-profile cases, including Rice's and an incident involving Carolina Panthers defensive end Greg Hardy.

"The profile of the NFL is so high, and there is such an opportunity for them to really bring attention to this," said Rene Renick of the National Network To End Domestic Violence. "We've come a long way in 30 years, but in some ways there are places where I feel we've been stuck. I hope that all the attention on this will move us to that next place."

Part of the problem is that these cases historically have been hard to prosecute, making it difficult to punish offenders, either in society or the NFL. Not only is the evidence in such cases often based on he-said, she-said accounts that are hard to verify, but the alleged victims often don't want to cooperate with law enforcement because it could lead to negative consequences for their family and security.

About half of domestic violence cases in one large Midwestern jurisdiction were dismissed, with lack of cooperation from the alleged victim being the reason for the dismissal in 70 percent of those cases, according to a 2000 report compiled for the Department of Justice.

In that context, it's arguable that the NFL had been following the lead of prosecutors in these cases – with light or no punishment. A big question is whether the NFL over-relied on the justice system to show the way.

"The real issue is whether (the NFL culture) said, `We're not going to look too hard on this,'" said Adam Hanft, a branding strategist and crisis communications expert. "Or, `We'll look the other way or leave it to the authorities. You (the player) are going to have to deal with the legal consequences of it but don't expect to see us piling on.'"

The NFL often has pointed out that its player arrest rate is less than that of the general population. But because of its popular perch in society, the league has learned that's not good enough, especially on this issue.

Of the 50 cases involving NFL players under Goodell, USA TODAY Sports could find legal resolutions for 43:

--Eighteen were resolved through diversion programs that allowed the player to avoid charges or prosecution after completing a rehabilitative program or probation.

--Nine pleaded no contest or guilty, or were convicted by a judge.

--Twelve had charges dropped, often because the alleged victim declined to cooperate with prosecutors

--Three were acquitted.

--One died – Kansas City Chiefs player Jovan Belcher, who fatally shot his girlfriend and then himself in 2012.

In general, prosecutors often aren't inclined to push such cases to trial, opting instead for resolutions that require less time and resources. Those resolutions include plea bargains or diversion programs.

And that's part of the problem, said Stephanie Avalon, a resource specialist at the Battered Women's Justice Project in Minneapolis.

In this photo from May, Janay Rice, left, looks on as her husband, then-Baltimore Ravens running back Ray Rice, speaks to the media during a news conference in Owings Mills, Md. The Ravens terminated Ray Rice's contract on Sept. 8, hours after a video surfaced of him punching Janay, at the time his fiancee.

Such diversion programs send a message that "this isn't such a big deal," Avalon told USA TODAY Sports. "Instead, what they care about is saving the guy's career, or they care about avoiding trials because it's time-consuming."

It's not clear whether NFL players were offered diversion programs at a significantly different rate than others because laws and access to such programs vary by state. According to the National Institute of Justice, a "substantial proportion" of domestic violence defendants enter such diversion programs in many jurisdictions – a way to rehabilitate offenders while saving time and money.

It's how Rice resolved his case legally after punching out his fiancé in a casino elevator in February.

UGLY CASES

The Rice case sparked outrage for one big reason: The crime was caught on video.

Before the video became public, Goodell had suspended Rice for two games, which was in accordance with precedent for NFL domestic cases. After the video, he suspended Rice indefinitely, the longest suspension handed down by the NFL for such cases. To address the larger problems, Goodell also announced he was hiring domestic violence experts and looking to overhaul the league's personal conduct policy.

The sudden crisis raised a question: Why didn't the NFL crack down this way before, after so many other ugly cases? Consider:

--2012, Kansas City Chiefs linebacker Jovan Belcher: Shot and killed his girlfriend, then fatally shot himself.

--2012, New York Jets linebacker Bryan Thomas: Accused of punching his wife in the stomach and pushing her with a chair, along with illegal marijuana and prescription drug possession. Despite being charged on Oct. 31, 2012, he finished out the season and played in six more games. The NFL said the prosecutor's office declined its request for documents on the case. After the season, Thomas retired. His legal case entered a diversion program that allowed him to avoid an aggravated assault charge if he successfully completed it.

--2011, Green Bay Packers linebacker Erik Walden: Police said his girlfriend required medical attention for a bump and cut on her head, which required four stitches, plus a thumb injury. Walden faced felony battery charge for the incident and spent the weekend in jail. But the girlfriend later changed her story to say she started the fight. After the arrest in November 2011, he played in every game the rest of the season, but was suspended for one game by the NFL before the 2012 season. He entered a diversion program requiring him to complete 50 hours of community service.

--2010, Miami Dolphins defensive end Phillip Merling: Charged with felony battery on his girlfriend, who was two months pregnant. A complaint affidavit said the woman had a cut on her lip, along with swelling and redness on her face. After the incident in May 2010, prosecutors dropped the charge against him because the woman didn't cooperate with them. He continued to play that season after healing from an Achilles' tendon injury.

--2009, Atlanta Falcons offensive lineman Quinn Ojinnaka: Police said he threw his wife down the stairs and out of the house. He said she started the fight by stabbing him with a pen. He was offered a diversion program in exchange for dropping the case. The NFL suspended him one game.

--2009, Oakland Raiders offensive tackle Cornell Green: Police said he slammed the mother of his children into a wall and hit her arm with an aluminum mop handle. After the incident in March 2009, he played in 12 games later that year and missed four because of injury. His legal case entered a diversion program that required him to take classes and pay court costs.

--2008, Seattle Seahawks defensive tackle Rocky Bernard: Accused of punching the mother of his child at a Seattle nightclub. The police report said Bernard "punched her one time with a closed fist, striking her forehead, causing her forehead to hit a glass divider." She was treated for injuries at the scene. The NFL suspended him for one game to start the 2008 season. His legal case entered a diversion program requiring treatment for domestic violence.

STAR SYSTEM?

Four cases illustrate how star power and talent have made a difference in the NFL justice system.

In late 2010, two players were arrested on domestic violence charges within a month of each other. One was a former Pro Bowl player — New Orleans Saints defensive end Will Smith. The other was Denver Broncos linebacker Kevin Alexander, an undrafted player who spent part of the 2010 season on the practice squad.

In Smith's case, police said they observed him arguing with his wife and said he pulled her by the hair and dragged her. After the incident in November 2010, he played in his team's five remaining games that season, plus a playoff game, racking up a combined 13 tackles and two sacks in those games.

His legal case entered a diversion program. The next year, the league gave him a two-game suspension for a different reason — using banned substances.

Alexander didn't get a chance to finish the season after being arrested in December 2010. His girlfriend told police he hit her, grabbed her throat and pushed her to the ground. The team released him hours after his arrest, saying it was a football decision to make room for another player. Within a month, prosecutors dropped charges because the girlfriend declined to cooperate with their case. Alexander never played in the NFL again.

In perhaps the most famous contrast of consequences, two Pittsburgh Steelers players were arrested within two weeks of each other in March 2008: star linebacker James Harrison and backup wide receiver Cedrick Wilson.

In Harrison's case, the police report said he broke down a door to a bedroom and took his girlfriend's cell phone when she was trying to call 911. The report also said he broke the phone in half and hit her with an open hand in the face and knocked off her glasses. Her cheek showed red marks, according to the report. Harrison went on to play in every game of the 2008 season except one, which he missed because an injury. The assault charge was dropped after Harrison entered counseling – similar to many diversion programs.

Wilson was accused of punching the mother of his child at a restaurant. Unlike Harrison, he was released by the team a day after his arrest and never played another game in the NFL. After cutting Wilson, team chairman Dan Rooney was quoted as saying the "roster move will indicate our intentions and send a message that we will not tolerate this type of conduct."

So what about Harrison's conduct? Rooney told the media the circumstances were different and noted Harrison wanted to take his son to baptism the day of his incident.

Follow Brent Schrotenboer on Twitter @Schrotenboer. E-mail: bschrotenb@usatoday.com

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