[[PRIOR RELATED POSTS:
Oo, Oo, Weckerly Woman, She Got the Moon in Her Eyes
Speculation AND a Rant]]
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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.
(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.
(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.