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Foxborough police may have violated public records law in Chandler Jones' medical emergency


bababooey

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per Boston.com 

http://www.boston.com/sports/football/patriots/2016/01/13/foxboro-police-may-have-violated-public-records-law-patriots-player-chandler-jones-medical-emergency/eJbuIBT16Xp6TVaJhDh67K/story.html

 

Public police logs are the most basic of all information police departments keep, said Peter Caruso II, an attorney specializing in public records with the firm Prince Lobel. They are supposed to be available to any member of the public at any time.

Caruso said at best, the removal of information destroys the transparency the public is entitled to. At worst, it plants the seed that there’s some kind of “nefarious activity or conspiracy going on.”

“If any public official or any custodian of a public document is deleting and removing information from that public record, that is a gross violation of not only the public records law, but the public trust,” he said.

 

Couldn't care less about the reason the police were called. Thankfully Jones is ok. More scared to hear that police are destroying information. I can only imagine the backlash if this happened in many other high profile cases involving police officers. Hopefully this doesn't happen again.

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2 minutes ago, OffensivelyPC said:

Seems to be a non-football related story more than anything else. I mean, unless the redacted information implicates Jones beyond the pot possession alluded to.

its been confirmed he had a reaction to synthetic marijuana

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Lying, cheating and covering stuff up is part for the course for Foxborough, police or the football program, seems Kraft, BB and Bradys actions and behaviors have trickled into the police department as well. And people say there is no trickle down effect

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10 minutes ago, Mrs. Misunderstood said:

What a Mess.    And who holds the Police responsible?   I know there's at least one attorney participating in this thread.   Thoughts...???

At least of the three jones brothers we got the one who isn't in trouble with the law, of course he's never on the field either

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21 minutes ago, Mrs. Misunderstood said:

What a Mess.    And who holds the Police responsible?   I know there's at least one attorney participating in this thread.   Thoughts...???

Everybody secretly hold the police responsible but not on the internet where the scary internet police could get you.

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1 minute ago, BloodyChamp said:

Everybody secretly hold the police responsible but not on the internet where the scary internet police could get you.

yeah, I get that.  and haha to the second remark.

 

But in all seriousness...  it does appear the police did some "wrong doing"  here,  so who holds them accountable, or is it just an  "oh well"  attitude.    

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9 minutes ago, Mrs. Misunderstood said:

yeah, I get that.  and haha to the second remark.

 

But in all seriousness...  it does appear the police did some "wrong doing"  here,  so who holds them accountable, or is it just an  "oh well"  attitude.    

holds (cripes this new forum)

 

It doesn't take a genius to know where it goes down in every town. I know where it goes down in mine and so do the police but ya know.

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"...it plants the seed that there’s some kind of “nefarious activity or conspiracy going on.”

 

Nobody uses that term much anymore. The word conjures up some sinister shenanigans doesn't it? I love that word nefarious. It even sounds evil when you say it slowly followed by a diabolical cackle. haha 

 

SpyGate, DeFlate Gate, & now Sharpie Gate....Just kidding! 

 

In all honesty, I'm not going to slam Chandler Jones for smoking pot & having an allergic reaction or episode to it. I'm just glad he's still alive & breathing for his family's sake. It wouldn't be the 1st time a cop got star struck by an athlete on their favorite team & did something they weren't supposed to just like when that law enforcement officer didn't do his job when Big Ben from the Steelers raped that woman in Georgia & he completely walked due to procedural incompetence & fan idolization.

 

This happens a lot. Celebrity status= a total pass or bending the rules in favor of your #1 team.  This is more of an indictment on that specific precinct in Massachusetts & not the New England Patriots Organization in this case. 

 

Okay yes, Mr. Jones was smoking an illegal narcotic that's true, but he is responsible for his own independent actions not the NE owner or head coach specifically. 

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3 hours ago, csmopar said:

Lying, cheating and covering stuff up is part for the course for Foxborough, police or the football program, seems Kraft, BB and Bradys actions and behaviors have trickled into the police department as well. And people say there is no trickle down effect

If you were talking about the Bengals & their thug mentality on the field thru unnecessary hits & penalties after the play is over sure CS. However, Vince Lombardi did say "Winning isn't everything; it's the only thing." Translation: You may disagree with NE's methods, but you can't argue with their Championship results. 

 

It's a stretch to infer that Robert Kraft & Bill Belichick are endorsing or condoning illegal activity at every turn. It's all about execution on the field & for the Colts to find a way to neutralize them at home under the Luck regime. 

 

I will always believe that Brady knows more than he is telling regarding Deflate Gate. "Brady are you a cheater? "I don't believe so/think so." Tom is still a elite QB absolutely & I enjoy watching him play, but what kind of man isn't sure if he broke the rules or not? It's not an evidence thing; it's a failure to definitively state with authority that everything he did was above board. I will always take issue with this strange reply from Tom no matter how much time passes. JMO. 

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5 hours ago, BloodyChamp said:

Did anybody read the whole article? You won't hear a peep about this who are usually so vocal about how they feel about their wacky tabbacky.

Weed Didn't cause this.  If it were wed, police would have found him asleep on the couch with a half-eaten pizza on his chest.

this was a "cooked" up substance, weed just doesn't affect that way, it just doesn't.

alcohol and some cooked substance (spice) no doubt.

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41 minutes ago, southwest1 said:

If you were talking about the Bengals & their thug mentality on the field thru unnecessary hits & penalties after the play is over sure CS. However, Vince Lombardi did say "Winning isn't everything; it's the only thing." Translation: You may disagree with NE's methods, but you can't argue with their Championship results. 

 

It's a stretch to infer that Robert Kraft & Bill Belichick are endorsing or condoning illegal activity at every turn. It's all about execution on the field & for the Colts to find a way to neutralize them at home under the Luck regime. 

 

I will always believe that Brady knows more than he is telling regarding Deflate Gate. "Brady are you a cheater? "I don't believe so/think so." Tom is still a elite QB absolutely & I enjoy watching him play, but what kind of man isn't sure if he broke the rules or not? It's not an evidence thing; it's a failure to definitively state with authority that everything he did was above board. I will always take issue with this strange reply from Tom no matter how much time passes. JMO. 

Actually, arguing about their championship results (****) is EXACTLY what IS being argued.  It can't be coincidence every championship has an * attached to it.

its like everything else in life.  We all know where the socially (and competitively) accepted lines are drawn tor character, ethics, etc.

the difference is who plays by those rules.

i can cheat every time i play golf.  No one would know.  However, that even par 72 doesn't mean ANYTHING to me if i took a put or two or a mulligan.  Not even 1 mulligan!

Cheating is cheating.  Its voids the result (in my mind).

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Here's what a friend of mine who is a local police officer in that area (not Foxborough) who has been on the force for over 20 years posted elsewhere.

 

Hello all. I haven't read all the way through this thread nor have I been following this story on the radio/news/wherever outlets but massive speculation has floated my way so wth I'll throw my two cents in.

First off there is no "police cover-up conspiracy" here as I've been told is one of the themes of the day. 

Here are a few facts regarding these types of situations to cut through the uninformed nonsense.

1. If Chandler Jones overdosed on a narcotic, the police would consider this a medical matter, not a criminal matter. He would not be charged for a crime. First off, under Mass Law, there is no crime for using illegal drugs, the charge relates to possession of illegal drugs. If Jones had been using illegal pills and used them all then there never would have been a criminal violation in this state. Secondly as of August 2012, MGL 94C-34(a) exempts all OD victims from criminal prosecution regardless of if they were found still in possession of an illegal narcotic.

2. So if Jones had overdosed on an illegal substance, and he didn't possess any more, he would not have committed a prosecutable crime. If he still possessed quantities of the the narcotic or other narcotics, then he also would not have committed a prosecutable offense under Mass Law.

3. There would be nothing to charge him with. There's no need to cover up anything to shield him from prosecution when he hasn't committed a crime.

4. The police are not "covering up" because they entered his house without a warrant. There was no crime, they were not investigating him for a crime. Under the well established "Community Caretaking" exception to the warrant requirement police can and often do enter homes without warrants. In this case they checked his house because he left it unsecure. Once it was checked they secured it and left. They do not need a warrant, consent, or exigent circumstances to do this. Once again there is nothing to cover up in this regard.

5. Medical/mental health/drug abuse records are well established exceptions to the Massachusetts Public Records Law specifically under section C the Privacy Exception. This is why the Foxboro Chief denied having contact with Jones. The chief obviously doesn't really understand how that exception works so now he comes off as covering something up rather than simply coming off as a buffoon but such is life.

6. Under the privacy exception, the chief simply could have refused to release any information citing medical privilege. That's what the law requires not pretending there was no medical simply acknowledge there was an incident the details to which will be withheld due to the privacy exception of the Mass Public Records Law. Done.

7. This means that no reports, radio transmissions or video related to this incident are subject to release by the police department. No crime was committed meaning none of these things are evidence and as such are not subject to any legal process for release. The only way that tape can be released is if it's leaked or if a judicial order is issued to release it which is highly doubtful.

8. Regarding the radio transmission where an officer states there was Class D in Jones' residence, "Class D" is Marijuana, no ifs ands or buts. That's what it is in Mass police lingo. 100%. 

9. The fact the cop didn't place Jones under arrest for possessing MJ wasn't because he didn't have a warrant, he didn't need one in the first place. He was in the home under the warrant exception and observed MJ in plain view. Ten years ago this would have been an arrestable offense under the circumstances. It is not arrestable today.

10. The fact he didn't arrest Jones wasn't because he's covering up for the team, he had no right to arrest Jones under MGL in the first place.

11. Even if the law on overdoses hadn't passed, the officer still couldn't arrest Jones for possessing the marijuana he observed in the residence. Under current Mass Law, only quantities of MJ weighing more than an ounce are illegal to possess unless there's evidence of distribution which doesn't appear to be the case here. The possession of smaller amounts of MJ is not illegal hence people who possess smaller amounts are not subject to arrest or any kind of prosecution.  

12. Jones' involvement with the Foxboro Police regarding this matter is over. There will be no investigation, no follow-up no charges, no cover-ups no anything. 

13. These things are obviously confusing as the laws have changed dramatically in recent years and even many police officers are not fully up to date but this is where things stand.

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1 hour ago, ViriLudant said:

Here's what a friend of mine who is a local police officer in that area (not Foxborough) who has been on the force for over 20 years posted elsewhere.

 

Hello all. I haven't read all the way through this thread nor have I been following this story on the radio/news/wherever outlets but massive speculation has floated my way so wth I'll throw my two cents in.

First off there is no "police cover-up conspiracy" here as I've been told is one of the themes of the day. 

Here are a few facts regarding these types of situations to cut through the uninformed nonsense.

1. If Chandler Jones overdosed on a narcotic, the police would consider this a medical matter, not a criminal matter. He would not be charged for a crime. First off, under Mass Law, there is no crime for using illegal drugs, the charge relates to possession of illegal drugs. If Jones had been using illegal pills and used them all then there never would have been a criminal violation in this state. Secondly as of August 2012, MGL 94C-34(a) exempts all OD victims from criminal prosecution regardless of if they were found still in possession of an illegal narcotic.

2. So if Jones had overdosed on an illegal substance, and he didn't possess any more, he would not have committed a prosecutable crime. If he still possessed quantities of the the narcotic or other narcotics, then he also would not have committed a prosecutable offense under Mass Law.

3. There would be nothing to charge him with. There's no need to cover up anything to shield him from prosecution when he hasn't committed a crime.

4. The police are not "covering up" because they entered his house without a warrant. There was no crime, they were not investigating him for a crime. Under the well established "Community Caretaking" exception to the warrant requirement police can and often do enter homes without warrants. In this case they checked his house because he left it unsecure. Once it was checked they secured it and left. They do not need a warrant, consent, or exigent circumstances to do this. Once again there is nothing to cover up in this regard.

5. Medical/mental health/drug abuse records are well established exceptions to the Massachusetts Public Records Law specifically under section C the Privacy Exception. This is why the Foxboro Chief denied having contact with Jones. The chief obviously doesn't really understand how that exception works so now he comes off as covering something up rather than simply coming off as a buffoon but such is life.

6. Under the privacy exception, the chief simply could have refused to release any information citing medical privilege. That's what the law requires not pretending there was no medical simply acknowledge there was an incident the details to which will be withheld due to the privacy exception of the Mass Public Records Law. Done.

7. This means that no reports, radio transmissions or video related to this incident are subject to release by the police department. No crime was committed meaning none of these things are evidence and as such are not subject to any legal process for release. The only way that tape can be released is if it's leaked or if a judicial order is issued to release it which is highly doubtful.

8. Regarding the radio transmission where an officer states there was Class D in Jones' residence, "Class D" is Marijuana, no ifs ands or buts. That's what it is in Mass police lingo. 100%. 

9. The fact the cop didn't place Jones under arrest for possessing MJ wasn't because he didn't have a warrant, he didn't need one in the first place. He was in the home under the warrant exception and observed MJ in plain view. Ten years ago this would have been an arrestable offense under the circumstances. It is not arrestable today.

10. The fact he didn't arrest Jones wasn't because he's covering up for the team, he had no right to arrest Jones under MGL in the first place.

11. Even if the law on overdoses hadn't passed, the officer still couldn't arrest Jones for possessing the marijuana he observed in the residence. Under current Mass Law, only quantities of MJ weighing more than an ounce are illegal to possess unless there's evidence of distribution which doesn't appear to be the case here. The possession of smaller amounts of MJ is not illegal hence people who possess smaller amounts are not subject to arrest or any kind of prosecution.  

12. Jones' involvement with the Foxboro Police regarding this matter is over. There will be no investigation, no follow-up no charges, no cover-ups no anything. 

13. These things are obviously confusing as the laws have changed dramatically in recent years and even many police officers are not fully up to date but this is where things stand.

So you want us to trust a Boston cop's word after another Boston cop possibly broke the law by removing information? Especially one that you are friends with? O ok.

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ROFL.

 

First of all, geography lessons are needed.  Neither are Boston cops; not even close, in fact.  

 

Second of all, this friend is one of the best human beings I've ever met.  He tells things the way that they are .

 

Read his post.  It's full of FACTS, not conjecture.  He knows what he's talking about.

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11 minutes ago, ViriLudant said:

ROFL.

 

First of all, geography lessons are needed.  Neither are Boston cops; not even close, in fact.  

 

Second of all, this friend is one of the best human beings I've ever met.  He tells things the way that they are .

 

Read his post.  It's full of FACTS, not conjecture.  He knows what he's talking about.

Massachusetts cop, Boston cop. Really splitting hairs there considering where their allegiance lies. Anyway, Foxborough's chief of police has been running Patriots stadium security for 31 years. Seems like a gross conflict of interest in light of the law being broken by the police in what could be interpreted as a cover up after the law was broken by a player in a playoff week.

 

Also, you're just a random guy on the internetz. A pats homer on a colts forum. While we appreciate your friend's service, it's irrelevant how good of a human being he is as he isn't the officer in question who possibly broke the law. Just another pats homer spewing garbage. If they are facts then the second to last one really scares me as cops can just modify or remove logs without reason and get away with it. It should scare you too. This is some Steve Avery type stuff.

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5 minutes ago, bababooey said:

Massachusetts cop, Boston cop. Really splitting hairs there considering where their allegiance lies. Anyway, Foxborough's chief of police has been running Patriots stadium security for 31 years. Seems like a gross conflict of interest in light of the law being broken by the police in what could be interpreted as a cover up after the law was broken by a player in a playoff week.

 

Also, you're just a random guy on the internetz. A pats homer on a colts forum. While we appreciate your friend's service, it's irrelevant how good of a human being he is as he isn't the officer in question who possibly broke the law. Just another pats homer spewing garbage. If they are facts then the second to last one really scares me as cops can just modify or remove logs without reason and get away with it. It should scare you too. This is some Steve Avery type stuff.

 

How about we attack the facts presented rather than where people are from or what they support. You can call it garbage when you've proven what was stated is false. 

 

If you want to go and do the internet equivalent of yelling in each others faces, go do it elsewhere, this is a discussion forum. 

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7 minutes ago, SteelCityColt said:

 

How about we attack the facts presented rather than where people are from or what they support. You can call it garbage when you've proven what was stated is false. 

 

If you want to go and do the internet equivalent of yelling in each others faces, go do it elsewhere, this is a discussion forum. 

So the word of a "cop" who is "friends" with a guy on the Internet is facts? Ok cool.

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Well, it certainly raises some suspicion, now doesn't it...?? 

 

A Police Chief that runs stadium security in itself isn't necessarily a conflict of interest, is it?    

 

However, I do agree this incident does appear to have some cover-up.     

 

I certainly have no inside information on what Chandler took, smoked, ingested, whatever, so I have no idea if a law was broken,  only that (according to reports)  that he had a medical emergency, and that he lived one block from the police station and managed to get himself there on foot to seek help.  Why he didn't just call 911 instead of walking a block shoeless and shirtless is another :scratch:  but he clearly was somewhat delusional at the time.

 

The question here is,   had it been any other john doe citizen, would the police records have been altered or erased since it was a medical issue and not a police issue,  or was this action done because it was a high profile athlete who was about to play in one of the biggest games of the season?  I know in my city, all EMS and police reports are public record, so this is where the suspicion and speculation comes in.

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13 minutes ago, Mrs. Misunderstood said:

Well, it certainly raises some suspicion, now doesn't it...?? 

 

A Police Chief that runs stadium security in itself isn't necessarily a conflict of interest, is it?    

 

However, I do agree this incident does appear to have some cover-up.     

 

I certainly have no inside information on what Chandler took, smoked, ingested, whatever, so I have no idea if a law was broken,  only that (according to reports)  that he had a medical emergency, and that he lived one block from the police station and managed to get himself there on foot to seek help.  Why he didn't just call 911 instead of walking a block shoeless and shirtless is another :scratch:  but he clearly was somewhat delusional at the time.

 

The question here is,   had it been any other john doe citizen, would the police records have been altered or erased since it was a medical issue and not a police issue,  or was this action done because it was a high profile athlete who was about to play in one of the biggest games of the season?  I know in my city, all EMS and police reports are public record, so this is where the suspicion and speculation comes in.

I've heard on the radio he was shoeless and shirtless because gronk lives close to him. So they say he might have stopped at gronks first (he was in California visiting family so no one was home). But then decided the police department would be the next best thing for help.

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7 minutes ago, dynasty13 said:

This just....doesn't....matter.

 

I don't care about any of this, and I don't understand why so much time and attention is being paid to it here. 

haha that's rich.   I suppose if the story was about a player on one of the other 7 playoff teams,  some  might be viewing this a bit differently.  Maybe not you,  but I can think of a handful here that "want it to go away as a non-story"    would be ALL OVER IT  like flies on ***  if it was Peyton or any other player from a rival team.

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30 minutes ago, Mrs. Misunderstood said:

Well, it certainly raises some suspicion, now doesn't it...?? 

 

A Police Chief that runs stadium security in itself isn't necessarily a conflict of interest, is it?    

 

However, I do agree this incident does appear to have some cover-up.     

 

I certainly have no inside information on what Chandler took, smoked, ingested, whatever, so I have no idea if a law was broken,  only that (according to reports)  that he had a medical emergency, and that he lived one block from the police station and managed to get himself there on foot to seek help.  Why he didn't just call 911 instead of walking a block shoeless and shirtless is another :scratch:  but he clearly was somewhat delusional at the time.

 

The question here is,   had it been any other john doe citizen, would the police records have been altered or erased since it was a medical issue and not a police issue,  or was this action done because it was a high profile athlete who was about to play in one of the biggest games of the season?  I know in my city, all EMS and police reports are public record, so this is where the suspicion and speculation comes in.

 

Well said, Mrs. M. :)  You pose some good questions. I would be interested in hearing what the cop friend has to say. 

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2 minutes ago, Mrs. Misunderstood said:

haha that's rich.   I suppose if the story was about a player on one of the other 7 playoff teams,  some  might be viewing this a bit differently.  Maybe not you,  but I can think of a handful here that "want it to go away as a non-story"    would be ALL OVER IT  like flies on ***  if it was Peyton.

 

Except that here, we aren't allowed to talk about or speculate if Peyton was involved in something 'nefarious', remember? 

 

THIS is a non-story on a football forum because the conversation has now turned to the police, the player isn't even a part of it anymore.  He didn't miss practice, this has no connection to this weekend's games, he has fulfilled all responsibilities to the team. This belongs in the Misc Discussions forum if people want to discuss how the police have handled it. 

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52 minutes ago, bababooey said:

So the word of a "cop" who is "friends" with a guy on the Internet is facts? Ok cool.

 

Seeing as he's presenting a list of laws/procedures it's fairly acceptable to accept them as factual because they should be easy to check. 


Like I said, if you're going to say they're spurious go through and disprove them. Put your money where your mouth is so to speak. Too much mud gets flung without thought on here lately. 

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12 minutes ago, dynasty13 said:

 

Except that here, we aren't allowed to talk about or speculate if Peyton was involved in something 'nefarious', remember? 

 

THIS is a non-story on a football forum because the conversation has now turned to the police, the player isn't even a part of it anymore.  He didn't miss practice, this has no connection to this weekend's games, he has fulfilled all responsibilities to the team. This belongs in the Misc Discussions forum if people want to discuss how the police have handled it. 

I disagree to a degree.    Yes, it has turned into a story about the Police and how they handled it,  but if they were involved in a "cover-up"  then it is still related to the player,  no...??

 

If the mods want to move this to the Misc. section that is up to them.   

 

And as far as discussing the other issue, regarding Peyton,   that was a RUMOR, that has since been recanted.    There is a huge difference in discussing RUMORS as opposed to discussing known facts.  Discussing Rumors is against board rules.  Period.   Discussing known facts is different.

 

Known fact:   Chandler was hospitalized for some sort of drug reaction (which may or may not be illegal)  and police appear to have been involved in some sort of coverup.

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7 minutes ago, Mrs. Misunderstood said:

I disagree to a degree.    Yes, it has turned into a story about the Police and how they handled it,  but if they were involved in a "cover-up"  then it is still related to the player,  no...??

 

If the mods want to move this to the Misc. section that is up to them.   

 

And as far as discussing the other issue, regarding Peyton,   that was a RUMOR, that has since been recanted.    There is a huge difference in discussing RUMORS as opposed to discussing known facts.  Discussing Rumors is against board rules.  Period.   Discussing known facts is different.

 

Known fact:   Chandler was hospitalized for some sort of drug reaction (which may or may not be illegal)  and police appear to have been involved in some sort of coverup.

 

I'm not disputing the facts that are known...but reading the way some have chosen to discuss this topic, I'm having flashbacks to other situations where speculation ruled out, information that may not fit a narrative was thrown out, and 'everyone' is an expert except those that are, well....experts.

 

Let's not go down that road again.

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35 minutes ago, dynasty13 said:

 

Except that here, we aren't allowed to talk about or speculate if Peyton was involved in something 'nefarious', remember? 

 

THIS is a non-story on a football forum because the conversation has now turned to the police, the player isn't even a part of it anymore.  He didn't miss practice, this has no connection to this weekend's games, he has fulfilled all responsibilities to the team. This belongs in the Misc Discussions forum if people want to discuss how the police have handled it. 

It wouldn't belong here if Steve Avery was the civilian involved, but the whole reason why it is being discussed here is because it's Chandler Jones. Without an NFL player's involvement, there wouldn't have been a potential violation of the law by the officer. That's why it's being discussed.

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31 minutes ago, SteelCityColt said:

 

Seeing as he's presenting a list of laws/procedures it's fairly acceptable to accept them as factual because they should be easy to check. 


Like I said, if you're going to say they're spurious go through and disprove them. Put your money where your mouth is so to speak. Too much mud gets flung without thought on here lately. 

LOL I said exactly what happened. A Patriots player has an allergic reaction to synthetic weed, the cops are notified. We don't know what else happened since then because the record was removed entirely without explanation (a possible violation of the law and a scary precedent to set). The side facts are the Foxborough chief of police has run stadium security for 3 decades and there is a playoff game this weekend that Jones will be playing in.

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