Thursday, September 25, 2014

Oo, Oo, Weckerly Woman -- PART 2



[[PRIOR RELATED POSTS:

        Oo, Oo, Weckerly Woman, She Got the Moon in Her Eyes

        Speculation AND a Rant]]

*     *     *

We learn today that Jana Weckerly has amended her complaint to allege that -- well, we're not entirely sure how it's amended because the Court has sealed the new complaint and imposed a gag order on the parties and counsel.

But the reports are that the amendment alleges that she was "coerced" not to disclose the events giving rise to the pathetic Jerry photographs by the forced deposit of money into her account.

Thots:

(1) While the Musers thought that if the Cowboys' payment to Weckerly could be proven through bank records it would be bad for Jerry's case -- with which I agree -- I'm guessing that this may have more to do with attempting to beat back Jerry's statute of limitations defense.  Remember my account of this from the prior post.  She's got statute of limitations problems with her case unless she can show that she was somehow "unnaturally" prevented from acting -- subjected to "duress" -- during a time that the statute was running (or, as she alleged, Jerry was out of the state during a long-enough period of time that would get added to the end of the limitations period).  This would account for the odd locution that the money was "forced" on her to buy her silence.
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(2) There's something else that no one is focusing on, which is that the first complaint alleged that the Cowboys forced her to sign a document, not described in her original complaint.  What was it?  Was it a document where she agreed either not to disclose the events, or possibly even not to file a claim, in return for the payments (i.e., a release)?  If so, that's bad news for a "duress" defense against the statute of limitations argument, unless, as her first complaint alleged, she was also unnaturally pressured to sign the agreement, which would be hard to prove if she accepted handsome cash for it

One way or the other, she has got to get around the Cowboys' facially appealing statute of limitations argument, although she doesn't need to show an extremely long period of time either of "duress" or Jerry being out of the state, in order to extend it past a period that would postdate the filing of her lawsuit.

If that document was a release, then it also could be a good defense by the Cowboys/Jerry to the substantive claim of assault and the other torts alleged.  But if it was only a nondisclosure agreement, then it would not preclude the civil liability claim (although the claim itself might breach a promise of nondisclosure -- will be interesting to see if the Cowboys file a counterclaim for breach of either a release or nondisclosure agreement).

(3) What effect will the sealing of this amended complaint and the gag order have on Roger Goodell's no-doubt energetic and fearless investigation of Jerry's misconduct?  Will he say to the Cowboys, "uh, what about these payments and the records she says she has?"  And will the Cowboys say to him, "Geez, sorry Rog, court says we can't talk about it"?  And would that be a good argument for stonewalling an NFL investigation?  I don't know how far a gag order extends, but I don't think it would trump an independent obligation of an NFL owner to cooperate with an internal investigation.  Don't know.

(4) OK, Roger Goodell, you pusillanimous pretender.  You're probably going see evidence pretty soon that Jerry paid off a stripper/hooker either to keep her quiet about something worth keeping quiet, possibly even the sexual assault of a drunken or drugged woman.  Wachoo gonna do about it?

(5) OK, Gene Jones, you laughingstock to some and object of pity and derision to most of the rest of us, wachoo gonna do about it?

"I read me some MTC 'cause I loooove me some redheads."

(6) OK, Dallas sports and news media (finally, an MTC connection), wachoo gonna do about it?  Gag order doesn't extend to investigative reporting.  Who will be the first to understand the potential dynamite this case represents and investigate and report it accordingly -- starting, perhaps, with what reporters "know" about similar Jerry behavior with other women?   

Who will be the first to ask Roger Goodell how he is investigating the sexual assault claim against one of his biggest supporters?

Who will be the first to ask the new "consultant group" of women whether they've been asked to consult on the Jerry Jones charges?

Who will be the first news organization to petition the court to unseal the record, and to appeal it if it is denied?  (Picture the Dallas and Fort Worth papers and every local TV and radio outlet and ESPN seeking this, and what effect this might have on how the judge -- who is elected -- rules on it.)

And who will be the first to ask  -- even if only theoretically at this point -- whether an ongoing drumbeat of unsavory details of Jerry's underground activities could affect the management or ownership of the Cowboys?

Waiting for the next pictures, the next hooker, the next lawsuit.

Or, more likely, the next payoff and interment of another sordid Niffle scandal.


16 comments:

The Plainsman said...

A further thot: With additional details in the amended complaint, it is more and more likely that the court will not be able to dismiss it at an early stage. Again, a court cannot simply dismiss a complaint early on in the proceedings because it sounds improbable or ridiculous. The court must assume that the allegations are factually true, and then decide whether they describe a valid claim under the law, or perhaps whether a fatal defense would apply (like the statute of limitations).

The point: Although we don't know everything that's being alleged or argued, my bet is that this case is not going to be disposed of before some discovery takes place -- unless Jerry caves and pays off big time up front, which is almost worse for him.

So I think we'll be reading about this case for awhile.

Anonymous said...

All of this might be, a la Wash;s markedly toned down demeanor prior to his leaving, contributing to Jerry's noticeable lack of enthusiasm when compared to, well, every other year he's owned the team. Jerry's been almost hiding (by his standards) this year. His more realistic attitude about players (e.g., Claiborne) and the team's chances, while refreshing to some, I believe show a man who, due to an outside factor/circumstance, has lost some of his passion. So yeah, I'm with you, Pman, this isn't going to be one of those "shoo, go away, I'm rich and connected" situations. I believe that Jerry knows exactly how serious this is, and that's why we're seeing a subdued, tired version of a normally indefatigable man.

The Plainsman said...

Hmm. I've been reading more accounts of this amended pleading. My original thinking on this was influenced by the complaint that we all have, which alleges facts tending to indicate duress that would stop the running of the statute of limitations.

I'm wondering if those allegations are in the new one, or if they've been supplanted by the "forced payments" theory. If the latter, then there is a fair chance the court could indeed dismiss the case on statute of limitations grounds -- UNLESS, as noted in the post, the payments were pursuant to an agreement that was itself coerced via threats and the like.

Interesting. Hoping the hearing is open to the public.

Anonymous said...

You misspelled "thought."

Anonymous said...

If she was paid hush money, doesn't she now owe Jerry a refund?

deezy said...

@1431

That he did, and it made me chuckle. Both times. Guess I'm easy.

"8880"

T4 In Rockwall said...

Probably not Plainsman's intended use of thot, but it is a widely used word.

http://english.stackexchange.com/questions/142125/what-does-thot-mean-and-when-was-it-first-used

Chris K said...

Just throwing a idea out that's been out there before. What if this is ligitimatly part of a extortion plot against Jerry, like was said right when the photos were released?

cactusflinthead said...

I'm thinking Roger doesn't go real hard after Jerry. At this point they need each other. 'Rog, Rusty tells me I can't say anything about the case."
"Yeah, I understand. Hey, about that Ray Rice thing and all that other stuff, still got my back right?" "Damn right Rog, you keep feeding them BS and stick to your story."

What is the press going to do? I predict not a lotta. They call it an 800 lb gorilla for a reason. This is the effing Cowboys we are talking about. Hansen, he can say stuff or not, but is he going to go out and work the leads? Does anybody go out and work doors and track things down? It isn't hard to find people that have seen Jerry or it appears have allegedly had relations with the man.

Gene is probably biding her time. She has been with the man a very long time. I expect she as known quite some time and wondered when we were going to say something.

I'll second that sentiment about Mo Claiborne. Is there any doubt that he is Jerry's cat? Meow Meow. Red Headed Jesus got to put him, gasp, not on the starting team. Throws hissy fit. That Jerry did not immediately come to the defense/undermine the authority of the coaching staff in regards to the player tells me volumes about the man's mental state. He is humbled by this in some regards. He has to listen to Rusty Hardin and keep his mouth shut. He has to face his wife every day. He has to look at a pick he traded to get be less than he expected. It is probably the best thing that could happen to the team.

What legal repercussions come out of this?

MEH. seriously, i know it isn't about the money. Yeah, yeah it is. They have a pile this size. take that pile and multiply it exponentially. There is Jerry's pile. He eventually takes some of his ginormous pile and cedes it to these wimmmenz that appear at the courthouse. These are negotiations. I don't know if they can even get past the statute of limitations. Shrug. It is going to cost a pretty penny just to find out. Are their pockets deep enough?

The Plainsman said...

441 writes: "If she was paid hush money, doesn't she now owe Jerry a refund?"

You put clearly what I put obscurely. If there's an agreement for her to hush in exchange for money, Jerry could file a counterclaim for breach of contract. If he just funneled dough to her in the hopes that she'd dummy up, then it was more-or-less a gift and she's under no obligation to keep still.

But for Jerry to want to get his money back, of course, he would have to acknowledge the existence of a contract (it could even be an -- ahem -- oral contract). A refund wouldn't be worth the firestorm admitting the existence of a formal quid pro quo would call forth.

Anonymous said...

It was a rhetorical question, more or less. Jerry is not going to try to get the money back. In fact, he is probably about to give her more Jerry Jone money just to make her go away again.

The Plainsman said...

I thought The College Football Blowhard was good yesterday. Corby's point was that, while the UTex football program needed a culture change, he was unsure how many first-rate straight-arrow recruits there were out there to repopulate the program. Very interesting and well-put.

The Plainsman said...

It occurred to me to wonder whether the head of NFL Security to whom the hotel sent the Ray Rice tapes might be tempted to claim that it must have gone into his spam filter, and he forgot to follow up.

The Plainsman said...

Gordon's Big Tex needed some attention to his reverb pedal. There was an extra echo in there that garbled the thing. He sounded like Underwater Kenny Albert.

T4 In Rockwall said...

I've noticed some of those voice senthasizing bits do have the echo effect to them. I'm sure it'll be worked out the next time a Fake Big Tex bit comes around.

The Plainsman said...

Big Tex is supposed to have a big-hall reverb on him, characteristic of someone who is talking loud in the great outdoors. But this reverb actually had a quick follow-on echo of the spoken words, giving rise to the gurgling effect.