Wednesday, May 29, 2013

Really, NCAA, still holding to your witness? Convicted UM booster Shapiro says he lied on witness stand in federal trial -

Convicted UM booster Shapiro says he lied on witness stand in federal trial - Miami-Dade - Miami

How damaged can damaged goods get? This is yet more evidence of a person who has no concern for credibility, yet the NCAA wants to believe he was telling the truth - when it comes to the Miami Hurricanes. The NCAA wants to continue to use as the catalyst for the complaint and its star witness a person who is serving significant federal time for lying to and exploiting his investors, clients, family and law partners. He doesn't stop there, associating with him has led to investigation of his own lawyers. The Federal Court is also investigating his bankruptcy lawyer. He has even filed a Florida Bar complaint against his own lawyers for "allowing him to lie."

Maybe the NCAA should poll Shapiro's former clients and investors for comments on his credibility. Shapiro has even damaged the NCAA itself. Remember my prior post, the NCAA cannot exorcise the demons merely throwing Julie Roe Lach, the NCAA’s Vice President of Enforcement and Mart Emmert’s hand-picked choice for the position under the bus and temporarily to the unemployment line for her role in the improper conduct that occurred during the investigation into Nevin Shapiro’s associated with Miami. 

The NCAA is a voluntary sports organization.  It is not an agency of government, though the NCAA certainly does not appear to understand this fact. However, reasonable standards of investigation conduct should apply. Any evidence from Nevin Shapiro or derived as a result of information provided by or through Nevin Shapiro should be excluded.  The "fruit of the poisonous tree" doctrine springs from what is known as the Exclusionary Rule which mandates that evidence improperly (illegally) obtained or from an unreasonable search, or coercive interrogation must be excluded.

It is not just first tier.  Evidence is also excluded from trial under the fruit of the poisonous tree doctrine if it was gained through evidence uncovered illegally, through unreasonable search, or coercive interrogation. It is abundantly clear that the NCAA would never put Shapiro "on the stand" to testify in this case, but let's be clear, everything started and points to this admitted schemer.

The NCAA should have all the responsibility and no greater rights than governments when dealing with member schools. The member should should be looking into whether they have over-empowered the NCAA.  The fruit of the poisonous tree doctrine should properly be employed to deter law NCAA enforcement from violating rights against unreasonable searches and seizures.  To do otherwise only encourages such people with so questionable morals or evil intent to exact vengeance against member schools, coaches, players, students and fans.

More on the fruit of the poisonous tree.  A major case involving the "fruit of the poisonous tree" doctrine is Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963). Read on should you be so motivated. 

What would Ben Franklin say of the NCAA? I bet he would warn the NCAA that "He that lieth down with dogs shall rise up with fleas."

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