Less than 36 hours after Ray Rice’s arrest for a brutal assault on his then-fiancée in an elevator of an Atlantic City casino hotel, a New Jersey State Police officer e-mailed an NFL executive about the incident, stating that “it was horrific,” and “it shocked the conscience.”
The NFL’s well-paid and enormous security apparatus rolled into action immediately, according to the Mueller Report released Thursday. Four league security agents tried to gather the facts. Yet they were surprised only three days later when TMZ.com posted something they had yet to find: the now-notorious first video of Rice dragging Janay Palmer out of the elevator.
Within hours of the TMZ report, one of the league’s top investigators, John Raucci, e-mailed the NFL security team that “I have never heard of a casino not having elevator-interior cameras,” a clear recognition that his colleagues must obtain a copy of the video of what happened in the elevator. But a close reading of the Mueller Report shows that the NFL operatives, in an awkward and occasionally clumsy effort, failed to recognize obvious leads, lost track of others, and never obtained the key video.
The actions and inactions may have been a deliberate attempt to shield the league from damaging information, but Robert Mueller’s recounting of events makes it a look a lot more like sheer incompetence.
Mueller, a former FBI director, goes to great lengths to explain how he determines that the league never got the inside-elevator video. This security staff failure led directly to Roger Goodell’s worst blunders in his eight years as commissioner — first to suspend Rice for two games and then, when he finally saw the elevator video, to suspend him indefinitely. In a humiliating reversal, the decision to suspend Rice indefinitely was overruled by arbitrator Barbara Jones, who found that Goodell’s action was an “abuse of discretion.”
In his writing style, Mueller tried to be gentle in his criticism of the NFL security team, but he made it clear that the Atlantic City police had the video, the county prosecutor had the video, the casino had the video, and Rice and his lawyer had the video. Even worse, Mueller reported, the NFL officials never requested the video of any of these four organizations even though they knew from the beginning that it was a critical piece of evidence.
In contrast to the work of the NFL’s enormous security team, attorney Michael Diamondstein, who represented Rice on the assault charge in Atlantic City, immediately requested the elevator video from the Revel casino. When casino officials refused to give him the video, Diamondstein repeated the request and demanded it from the prosecutors as well.
As Diamondstein persisted in his demands, both the casino and the prosecution gave him copies long before TMZ made the video public. A lone lawyer had done what the NFL security team had failed to do.
Even more embarrassing for the NFL was the total willingness of both Diamondstein and Rice, as described by Mueller, to give the video to the NFL, but no one from the NFL ever made the request. The Baltimore Ravens security staff also obtained the video. The team would have been happy to send it to the league, according to Mueller, but, again, there was no request from the NFL.
Mueller’s investigation also shows that the videos should have been available to any investigator willing to invest some time and some shoe leather at the casino. Word of the video of the elevator assault quickly spread among the casino staff, and, according to Mueller, at least “35 to 40 people (of whom 13 had law-enforcement experience) had access” to the security room and the dramatic video of Rice throwing the knockout punch.
Anyone with a phone could have recorded the video and passed it on. The first TMZ report was clearly, according to Mueller, a mobile-phone copy of a video. The casino was in its final days before closing in a bankruptcy, and any of these dozens of employees could have shared their copies of the video.
In another telling description of the failure of the NFL’s investigation, Mueller reports that the NFL’s chief of security, Jeff Miller, met New Jersey State Police officials for lunch and asked about elevator video cameras. The problem: The New Jersey State Police govern only the gaming areas of the casino. The Rice incident began in a restaurant and continued in the hotel elevators. Apparently Miller didn’t know this fact.
The NFL security team members, experienced and skilled former law enforcement officials, knew from the beginning that there would be a video of what happened in the elevator. They knew it was important. Therefore, they had just one job: get a copy of the video and report to Goodell what it showed. But, according to Mueller’s recitation of events, they failed at their jobs. And they left their boss — Goodell — in a position where things could and did go wrong.
See what the local and national media are saying about Michael Diamondstein and his cases.
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.
- Michael J. Diamondstein
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.“Michael Diamondstein is the best lawyer on Earth. He saved my life.”
- DT
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”
- Michael Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.
- Michael J. Diamondstein
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.Mr. Diamondstein saved my life. He is the best there is.
- Monte Small Atwell aka Benjy
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.
- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.
- Michael J. Diamondstein
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.The man gave me my life back.
- Yusef Bey
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.
- Michael J. Diamondstein
Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.
On October 10, 2014, the Pennsylvania Superior Court upheld a lower court’s ruling that by failing to provide the defense with a copy of police paperwork in a criminal case (Com. v. Jordan, T., 175 EDA 2014 (Pa. Super. Ct. 2014 )), the Commonwealth of Pennsylvania was barred from the evidence at trial.On behalf of Mr. Jordan, we are extremely happy that that the Superior Court upheld the sound decision of Judge Means.
- Michael J. Diamondstein