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Deflategate Central (one thread, merged, moderated)


IndyD4U

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You are a pistol. :)

Gees, for the third time here is my original post on the matter, paragraph #2, 203. reads as follows:

"I see you at your mailbox and you make a deflategate joke. I get a tire iron out of my car, punch you in the nose, whack your right hand with the tire iron and thereafter find out you are a concert pianist. Fearing that the damage to your hand may cause lost wages over the federal court jurisdiction limit for filing in federal court and I want to do something about it. In this particular case two federal court have jurisdiction, the one with jurisdiction over the location (where you live) and with the power over me (where l live)."

Knowing the federal court in your jurisdiction has plaintiff friendly judges and the federal court in my home state has defendant friendly judges. I immediately fly home and before the end of the day file paperwork asking my home federal court to determine if I did anything wrong. I am not sure what standing I would have, what my cause of action would be, and what form who the complaint take. Do you?"

First off I mentioned money damages (a pianist damaged hand - he can't play and get paid), translation - civil (not to mention the fact that money damages are not an element to the crime of A&BDW, so why would I mention money damages unless I was referring to a civil case?). Second I mentioned federal court jurisdiction limits, again civil, what is needed for diversity jurisdiction - civil. Third, I mention a defendant picking a court of his choosing, something a criminal defendant cant not do initially (the state does that). Fourth, I mentioned a crime that would only be charged criminally in state court, but as talking federal it can only be civil that I am referring too. Fifth, this is a thread about civil cases and what a civil defendant can do. And last but not least I mention "plaintiff" there NO PLAINTIFFS in criminal cases, its the STATE (fed or state) and the criminal defendant. It is ONLY in CIVIL cases that we have plaintiffs.

So I was referring to a civil case. I neglected to use the magic word "civil" but thought it was obvious based on all of the above, and I wanted to try to be brief in my posts tonight, which has now gone out the window. :) . So sorry for not using buzz words, but I was talking about a civil case as you can see.

As for judge shopping, that sadly is in the hands of the plaintiffs and do understand where the NFL and you are coming from, it will be interesting to see if this sets a precedent if this is indeed a case of first impression.

And yes it will be interesting to see how this plays out. My gut feeling is that this might be case of first impression. It would be one thing if this were a different type of civil case, like my breaking the pianist's hands, and it getting near the end of the statute of limitations and I wanted to get a ruling for peace of mind or something. But any resolution on this matter will start tomorrow with the filing by Brady there is no need for the NFL to file anything seeking a resolution. I do not see how one can boot strap a declaratory judgment to the full blown case, especially if the same is filed in close proximity to the declaratory judgment. It would make sense to me that the judge handling the declaratory judgment would dismiss the case without prejudice for the findings to be found in the other case filed by the plaintiff. But time will tell and we will be getting answers to this question in the upcoming weeks.

I'm pretty sure the lawyers for the NFL aren't just trying some crazy unprecedented legal maneuver, hoping the judge will set some kind of precedent. It's more likely, if the NFLPA does sue in a different state, that court will wait on the court in New York.
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Posted this question a little earlier in the thread. What I want to know is _why_ Kraft pulled away from Brady? To me, that's the bigger picture as far as who knew what and when? If this involved Kraft and Belichick knowing that Brady destroyed the phone ... YIKES!

Mr. Kraft just may have saved his winning organization along with BB by pulling out and accepting the punishment while leaving Brady out in the wind to twist.

 

I also find it funny Kraft not only conceded the draft picks and fine, but refused to show for Brady's appeal. Instead, he sent a letter? Is Kraft really that busy during the off-season that he can't bother to support his QB?

Kraft knows this is a losing battle, albeit he is cheering for Brady on the sidelines.

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Brady's statement. He did not destroy his phone.

 

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.

Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.

I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.

To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.

I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.

Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

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I hear all the rhetoric about the deflation making no difference in the score, and most assumptions are that if the Patriots had not deflated the balls that they would have still won, and won big. Maybe, maybe not, we will never know. Even when the facts clearly show that they did indeed cheat, I feel as though they did have us out matched at every level on that game and the deflated balls were a case of overkill. The Patriots wanted to destroy the colts (which they did) and would go to every level to do so. With this being said, the true nature of what the Patriots did in that game is only the tip of the iceberg. This was not the first game in which they had instituted the practice of deflating footballs and the outcome of the Baltimore game should also be scrutinized. If and I mean if the Patriots had lost the game to Baltimore, would the colts have won the AFC championship game with the ravens as their opponent? We will never know, that's the big what if in this conversation, not whether or not the deflation have them an unfair advantage in the Colts game.

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You are a pistol. :)

 

Gees, for the third time here is my original post on the matter, paragraph #2, 203. reads as follows: 

 

"I see you at your mailbox and you make a deflategate joke.  I get a tire iron out of my car, punch you in the nose, whack your right hand with the tire iron and thereafter find out you are a concert pianist.  Fearing that the damage to your hand may cause lost wages over the federal court jurisdiction limit for filing in federal court and I want to do something about it.  In this particular case two federal court have jurisdiction, the one with jurisdiction over the location (where you live) and with the power over me (where l live)."

 

  

 

What you're not grasping is the difference.  I'll break it down:

 

First, you getting a tire iron and, hitting my right hand, damaging it and punching me in the face, this here is a CRIMINAL act.  That would be assault.  So one, you'd go to court, probably jail.  So then, me being the pianist and being out of work, I lost wages, I sue.  While the lawsuit would be a civil matter, it would be in a completely different court than what the league has here.  Because the suit is the result from the outcome of a CRIMINAL ACT.

 

You COULD NOT do what the NFL has done here, because we had no prior legal agreement in place.  The CBA is a legal binding contract, you and the person at the mailbox dont have one.  There fore you could not ask a federal court if your actions were justified.

 

So a better fitting scenario is this:

 

I own a business a tire business.  You are a contract employee. In the contract, it states you will follow our policies and rules and any violations may result in a punishment up to and including suspensions, fines and termination and that the business owner, has final say in the punishment.

 

In the workplace rules, we fill our tires with Nitrogen.  Well, I find out after say 15 years, that you have been filling them with compressed air.  So since you violated our policies, the store manager recommended we suspend you without pay for a week.  You get mad, you appeal it to me and tell me if I don't over turn your suspension, you'll sue me for violating our contract.  So I review your case, decide to uphold the recommendation for suspension and before you can sue me, I ask a labor court, of my choosing but one that does have juristiction because we have assets in that district, to review our punishment and make sure we followed the terms of the contract. 

 

Which is exactly what the NFL has done here.  

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Brady's statement. He did not destroy his phone.

 

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.

Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.

I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.

To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.

I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.

Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

 

 

He's a proven liar.  I wouldn't believe a thing he said. Ever.

 

Case in point

 

"The fact is that neither I, nor any equipment person, did anything of which we have been accused."  Bullcrap, Deflator was caught taking the balls into a bathroom for 100 seconds.........on camera.  LIAR LIAR PANTS ON FIRE BRADY

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Two things I've learned today...

1. 95% of the members on this forum are lawyers...I mean WOW!!!!

 

2.  The Patriots and their fans really love science...I mean really love it!!!

 

Now that's funny...

 

I'm just a dumb IT guy, a 5%er

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He's a proven liar. I wouldn't believe a thing he said. Ever.

Case in point

"The fact is that neither I, nor any equipment person, did anything of which we have been accused." Bullcrap, Deflator was caught taking the balls into a bathroom for 100 seconds.........on camera. LIAR LIAR PANTS ON FIRE BRADY

This is what happens when someone tells a lie...they then tell another lie to cover the first one and so on.

Then they reach a point when they don't even realize they're lying. He's beyond pathetic at this point.

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Brady's statement. He did not destroy his phone.

 

I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.

Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.

I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline.

Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January. To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.

To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested. We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.

I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen. I will not allow my unfair discipline to become a precedent for other NFL players without a fight.

Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.

 

 

His publicist is great...

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So DESTROYED HIS PHONE sounds much better for the NFL than upgraded his phone, his broken phone, than he did everything he could, short of giving them the actual phone, which he is under absolutely no obligation to and which, as was said many months ago, would set a horrible precedent for other players going forward.

 

Goodell has absolutely no shame. Can't wait for the rest of the info from the appeal ... more lies to come I am sure. 

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So the next time I need an attorney, I'll be sure to drop by this thread since there seems to be about a dozen of them in here.

 

 

So DESTROYED HIS PHONE sounds much better for the NFL than upgraded his phone, his broken phone, than he did everything he could, short of giving them the actual phone, which he is under absolutely no obligation to and which, as was said many months ago, would set a horrible precedent for other players going forward.

 

Goodell has absolutely no shame. Can't wait for the rest of the info from the appeal ... more lies to come I am sure. 

 
Yeah, from Brady.
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I can't believe there are people that actually still believe Brady is innocent. What does it take to persuade someone he is not innocent at this point?

yes, and there are people who still believed Pete Rose and Lance Armstrong, and we all see where that went.
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Two things I've learned today...

1. 95% of the members on this forum are lawyers...I mean WOW!!!!

 

2.  The Patriots and their fans really love science...I mean really love it!!!

 

Im no lawyer.  I am however, an investigator.  So I've seen and testified in numerous cases, granted never one like this.  I have conducted labor and breach of contract investigations which i where I feel this Brady thing goes.

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So Goodell lied about Brady destroying his phone, can't wait to see the rest of the lies that will come out as the appeal info becomes public ...

 

Have you ever thought that maybe....... TOM BRADY IS THE ONE THAT IS LYING? lol Come on.

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So DESTROYED HIS PHONE sounds much better for the NFL than upgraded his phone, his broken phone, than he did everything he could, short of giving them the actual phone, which he is under absolutely no obligation to and which, as was said many months ago, would set a horrible precedent for other players going forward.

 

Goodell has absolutely no shame. Can't wait for the rest of the info from the appeal ... more lies to come I am sure. 

"his broken phone, then he did everything he could, short of giving them the actual phone"

Was that before or after he slammed it into a cement wall?

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So DESTROYED HIS PHONE sounds much better for the NFL than upgraded his phone, his broken phone, than he did everything he could, short of giving them the actual phone, which he is under absolutely no obligation to and which, as was said many months ago, would set a horrible precedent for other players going forward.

 

Goodell has absolutely no shame. Can't wait for the rest of the info from the appeal ... more lies to come I am sure. 

 

 

And when the federal court rules against Brady ...what will you say then....

 

And if it comes out that a message from Brady to those guys included the order to alter the balls...what then....

 

Or if it implicates BB knowing...what then....

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So Goodell lied about Brady destroying his phone, can't wait to see the rest of the lies that will come out as the appeal info becomes public ...

I think goodell is a lot more credible thn Brady at this point. Where in there does it specifically state he didn't destroy his phone? Why was it broke right before the league requested it...

And furthermore why did Brady say it's common practice to destroy his phone and is now supposedly saying he didn't even destroy this phone ( which he's really not saying that at all if you read the article , he just says he replaced his broken phone)

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Does it really surprise anyone that the ones who support Brady even after all of this are seemingly blind? It's like they overlook things that common sense would suggest. It is a never ending stream of deflections and out and out lies. Some put out reports where it is obvious the writer of the article is grasping at anything and everything to sell his story and knows the blind Patriot fans will buy and eat it up. With the bias that New England fans and media have it is impossible to believe that so many are so full of fandom that the truth will never dawn on them. They have taken this so far they will never realize the truth no matter what the finale outcome brings. It will always be in their minds that the NFL and the whole world is out to get the Patriots. The reasons are so numerous I will not list them as we have all heard them in a never ending stream of denial excuses. After giving this some deep thought I have turned over a new leaf in dealing with those who refuse to see the truth. I will humor them like I would a child. I will not to attempt to argue or debate this matter with any Patriots fan. Some of them seem to think they have this all figured out and Mr. Superman Brady will show all who is king. We shall see.

The problem that you and other Colt fans love to ignore is that the Wells Report did not prove guilt.

Whatsoever.

In fact, all it did was highlight the flaws in the attack on the Patriots.

THATS why Patriot fans, and logical spectators, still back Brady. Because there's still NO proof that he did anything wrong. Just conjecture.

I'll enjoy watching Brady miss zero games over this lame witch hunt.

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So Goodell lied about Brady destroying his phone, can't wait to see the rest of the lies that will come out as the appeal info becomes public ...

Another possibility would be that TB lied........Oh wait I forgot, Brady is incapable of lying, maybe he is from the planet Vulcan.

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And when the federal court rules against Brady ...what will you say then....

 

And if it comes out that a message from Brady to those guys included the order to alter the balls...what then....

 

Or if it implicates BB knowing...what then....

The Fed case will be about procedure and punishment, a labor fight. Brady has a strong case. If he loses, it will not imply guilt just that he got railroaded and will set a horrific precedent that NFL players will be required to hand over their personal, private cell phones. In many respects this will be a watershed case and every single NFL player should be 100 percent behind Brady winning this as the NFL has put ALL its eggs in the non-coop basket as it pertains to his personal cell phone. And IF the court rules in favor of the league and its "handling" of this debacle than the Roger will be even more of a mad man going forward ...

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yes, and there are people who still believed Pete Rose and Lance Armstrong, and we all see where that went.

Except that there was actual evidence of Rose and Armstrong. Stop swallowing what the media tells you and show us the evidence of Brady's guilt. Please: show us such FACTS.

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The Fed case will be about procedure and punishment, a labor fight. Brady has a strong case. If he loses, it will not imply guilt just that he got railroaded and will set a horrific precedent that NFL players will be required to hand over their personal, private cell phones. In many respects this will be a watershed case and every single NFL player should be 100 percent behind Brady winning this as the NFL has put ALL its eggs in the non-coop basket as it pertains to his personal cell phone. And IF the court rules in favor of the league and its "handling" of this debacle than the Roger will be even more of a mad man going forward ...

As someone who has experience with it, no he doesn't.  Not only do I think that, but so has every single lawyer ESPN, CNN and others have brought on the air.  So far, I've not seen a single one since yesterday's release of the appeal documents say Brady has a case. Not a single 1.

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As someone who has experience with it, no he doesn't.  Not only do I think that, but so has every single lawyer ESPN, CNN and others have brought on the air.  So far, I've not seen a single one since yesterday's release of the appeal documents say Brady has a case. Not a single 1.

And these media experts have gotten so much right this whole time, right? LOL. Let's see it play out. At this point, Brady has zero to lose anyways. Go to the wall.

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The Fed case will be about procedure and punishment, a labor fight. Brady has a strong case. If he loses, it will not imply guilt just that he got railroaded and will set a horrific precedent that NFL players will be required to hand over their personal, private cell phones. In many respects this will be a watershed case and every single NFL player should be 100 percent behind Brady winning this as the NFL has put ALL its eggs in the non-coop basket as it pertains to his personal cell phone. And IF the court rules in favor of the league and its "handling" of this debacle than the Roger will be even more of a mad man going forward ...

But..... you know Brady is guilty.  You said so yesterday.   You just don't think the punishment fits the crime.

 

a direct quote from you:  

 

"Brady destroying his phone is a bad, bad look. I have always felt from day one that Grigson never makes that call unless the Colts or Ravens knew that Brady did this routinely. Still 4 games does not fit the crime here."

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Except that there was actual evidence of Rose and Armstrong. Stop swallowing what the media tells you and show us the evidence of Brady's guilt. Please: show us such FACTS.

We've done that time and time again, the league has done it time and time again.  Just admit, you all have some pretty strong stuff in the water up there and everytime a fact is proven, you want to debate it and try to say its something else.  Just give it up.  What you fail to realize is that Kraft distanced himself from this for a reason.

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But..... you know Brady is guilty.  You said so yesterday.   You just don't think the punishment fits the crime.

And what shes also missing is that the league did not ask for his phone, they asked for all messages pertaining to the situation at hand.  This is just my assumption based on experience, an investigator wouldnt ask for it and the attorney's wouldnt word it as such if they didn't already have messages from the other parties implicating Tom's involvement.  There may be missing pieces to this puzzle that would have been on Tom's phone.  Tom's actions during all of this have been typical of a person worried about getting busted.  Period.

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