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ESPN Simpson WILL still play Sunday vs SF update @14 (1 Viewer)

Jerome Simpson could still play SundayPosted by Mike Florio on September 24, 2011, 8:39 AM EDTGetty Images

The fact that I continue to get emails from readers alerting me to the story regarding the arrival of 2.5 pounds of marijuana at the residence of Bengals receiver Jerome Simpson, and the discovery of six more pounds of the stuff there, tells me three things.First, some of you don't visit this site as regularly as you should.Second, some of you don't realize that we have a search box on the site that works extremely well.Third, we need to do a periodic Jerome Simpson update so that a reference to his situation appears on the first page of the Rumor Mill, which contains only the 15 most recent stories.Simpson is listed as questionable on the injury report, even though he has no injury. He was held out of practice on Thursday and Friday as the Bengals try to figure out what to do with a guy whose residence was the apparent nucleus of a marijuana distribution operation. On Friday, coach Marvin Lewis seemed to leave the door open on the possibility of Simpson playing."We're still taking to people and figuring out what the best thing is for Jerome," Lewis said, per Joe Reedy of the Cincinnati Enquirer. "Any decisions I make on it are going to be based on what people recommend is the best thing for him."Lewis, who vowed to "support and help" Simpson, pointed out the player's positive attributes."There hasn't been a nonprofit, a school visit a visit to a hospital that Jerome Simpson hasn't been involved in," Lewis said. "He's done as much as anyone on the team in being part of the community. I think that's why everyone feels the way they do."The process really has to [carry itself out] and unfortunately it became more public than we expected it to be. But it is what it is right now."That reference to the situation becoming "more public than we expected it to be" is a little odd. It arguably implies that, if the Bengals had been able to keep it all under wraps, Simpson would have practiced all week, and he would be playing.Meanwhile, a prosecutor in Kentucky has stated unequivocally that Bengals tackleAnthony Collins is not a suspect, accepting completely Collins' explanation that he simply was in the wrong place at the wrong time.
 
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If I worked for Mike Brown, I would wake and bake every day. It would keep me sane and keep him alive.

 
hasn't been charged :shrug:
Does seem strange... perhaps he is "cooperating" to help fry bigger fish? Maybe he was "already caught" and helped set-up the bust? Who knows, but I thought it was strange too that he was questioned and released.
 
After missing 2 practices and being away from the team, added onto the reports of what was found in Simpson's house, I would be shocked if he played on Sunday. What they said about it being public reinforces that they have an idea what's going on, but care more about football than the type of people on their team. Not that that's wrong per say, but plausible deniability is now out the window which means their reaction to the situation is public now, and as an organization should appear to do the right thing.

 
'KellysHeroes said:
hasn't been charged :shrug:
A Legal Perspective On Jerome Simpson's SituationAdmittedly when cases like Jerome Simpson's are raised from dormancy, we have a certain ignorance with legal issues. Furthermore the limited information being provided for an honest assessment isn't availing prognosticators much in what to expect. My reaction today is the same as it was yesterday: "he gonna get it now." But as such, there's more to the story than we always know. So we branched out and asked for some help in developing our base of knowledge on what could happen and perhaps what to expect.

We spoke with defense attorney Scott M. Calaway with Ross & Calaway L.L.C about some of the issues facing Jerome Simpson.

Narcotics agents were reportedly granted consent to enter Jerome Simpson's home, finding an additional six pounds of marijuana during their search of the house. Why wouldn't an arrest be made after the discovery of six additional pounds inside the home, along with tools for a possible distribution ring?

Often federal agents don't bring charges on these until the indictment comes through. Also it is common that they will not arrest the people but interview them to try to get information on the rest of the operation. Breaking a conspiracy, you move up. So they interview people and then try to set things up. Not arresting them can leave them with some leverage for negotiating with the people they have. They may even use these people to continue the operation for a while to get others (like who mailed it and how the operation worked). It's fairly common. They usually try to keep it quiet in the press when they do that.

Star-divide

Is it possible that with law enforcement determining who would prosecute, it would prevent any arrests being made and that those arrests will happen once it's determined who would prosecute?

Yes that is also a very real possibility. The spokesperson was from California. This could easily be federal since its is interstate and via mail. But really the feds had to be involved. They may just be deciding who wants it (state federal or the postal service may have their own, or who can give them the most time).

A third-party signed for the delivery of 2.5 pounds of marijuana. How much could both players be prosecuted if they had no part of the alleged operation, but were aware of it because it was in the house?

If they had knowledge of the operation but just let them use the house, they can be charged the same as the principal offenders under conspiracy. The prosecutors need only show an affirmative act on their part (i.e. use of the home) in the furtherance of the criminal operation, to prosecute under conspiracy.

If the feds are looking to expand their investigation that focus' on the overall operation (who delivered, etc..), could the players avoid jail time?

Rarely will the feds let you go completely free on that level of federal drug conspiracy. Honestly its too early to tell on the jail end. Depends on how they are charged and the full scope of the operation and their role in the conspiracy. But because it is pot the sentencing is lower than say, cocaine. I would harbor a guess that if they cooperated and gave them bigger fish, they have a small chance of avoiding significant federal time, but I wouldn't hold my breath. I would be surprised if they didn't do time.

If the feds decide to prosecute both players, could interstate commerce laws be brought into it?

Yes. Any prosecution by the feds would most likely be based on RICO (Racketeer Influenced and Corrupt Organizations Act). the interstate nature and use of the mail makes it federal.

If arrested, what's the worst case scenario that the Bengals players could face?

Too many factors to really tell. Depends on how they are charged. State or federal. Possession or trafficking or RICI (conspiracy to commit). If they have records or not. If they cut a deal or not. But on the facts shown, easily many years in prison. In Ohio on merely a state trafficking charge they would be looking at an F3 (1-5 years) with a presumption for prison. The federal sentencing would be MUCH worse. (Federal sentencing guidelines have too many factors to venture a guess without knowing the charges but they are looking at MAJOR time. I can't imagine this wouldn't be federal

 
The Cincinnati Bengals plan to play Jerome Simpson on Sunday against the San Francisco 49ers despite excusing the receiver from practice on Thursday and Friday after a drug bust at his Kentucky home, team and league sources told ESPN senior NFL analyst Chris Mortensen.



The organization believes Simpson, who has been active in community charities, should get the benefit of the doubt under the position of "innocent until proven guilty," the sources said.

The team has discussed releasing a statement regarding Simpson before the 1 p.m. ET game.

Police on Wednesday confiscated a package containing 2.5 pounds of marijuana shipped from California to Simpson's house in northern Kentucky.

Bengals tackle Anthony Collins also was present at the house, along with a woman who signed for the package.

Police also found 6 more pounds of pot inside the house as well as drug paraphernalia such as "packaging materials, scales and smoking devices," California Department of Justice spokeswoman Michelle Gregory told the Cincinnati Enquirer.

Collins released a statement through his attorney on Friday.



"Unfortunately I was just in the wrong place at the wrong time," Collins said in the statement. "However, I do want to take this opportunity to let my fans, friends and family know that I had no part in the reported activities at Jerome's home.







"I have done nothing wrong and I have not been charged with doing anything wrong. So far as I know, I am no longer a part of any investigation."

The case is being investigated by police at the Cincinnati/Northern Kentucky International Airport, along with other local authorities.

"The house was set up as a potential distribution network," Tommy LaNier, head of the National Marijuana Initiative, told CaliforniaWatch.org, which broke the story.

Information from The Associated Press and ESPN NFL Insider Adam Schefter was used in this report.

 
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The real question now is will he merely get mild applause, or a standing ovation from the #1 pro-weed town in America, San Fran do the right thing! (he was allegedly supporting your local economy)

 
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@mortreport

"Jerome Simpson is officially active and will start"
Twitter is a bad source for information.. Caldwell started and Simpson was nowhere to be found. I need to start a blog..
That error got me in one league.
Here's a tip for those of you who may be new to the boards: Hipple may be the worst person to take advice or info from on the entire internet. He probably smoked up Simpson's delivery amount before he Hippled the thread yesterday. And after when Simpson put up a goose egg for him in 3 leagues.Anyone that thought that a Bengals receiver who has had one big week was going to be fantasy relevant after not practicing all week and dealing with a huge drug case against him had to be on that distribution list.

 
@mortreport

"Jerome Simpson is officially active and will start"
Twitter is a bad source for information.. Caldwell started and Simpson was nowhere to be found. I need to start a blog..
Twitter is a GREAT source of information. But like every other information source it can be wrong and needs to be vetted.Information aside, who thought Simpson was going to be a good play anyway after missing practice all week and having this distraction hanging over his head?

 

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