Bias #1 (Page 1): Within days, the press began to report that this 6-foot 5-inch,
312-pound, Stanford-educated, two-time All-American offensive lineman had left the
team because some of his teammates had subjected him to persistent bullying, harassment
and ridicule.
Comment: Why is "Stanford-educated" relevant? Does going to Stanford somehow make Jonathan Martin a better, more moral person than Richie Incognito?
Bias #2 (Page 2): Martin claims that at times he
participated in off-color joking with Incognito and others in an attempt to fit in, with the
hope of reducing the treatment he found offensive. According to our consulting expert, a
psychologist who focuses on matters of workplace conduct, such a reaction is consistent
with the behavior of a victim of abusive treatment.
Comment: This line made the biased intention of the report obvious. Instead of letting the facts speak for themselves, Ted Wells attempted to psychoanalyze Martin by quoting so-called "experts" or "authoritative figures" in order to rationalize Martin's inexcusable, backstabbing behavior. Given that the lawyers who conducted the investigation exonerate Martin for playing along, the same argument should also exonerate Incognito, who, like Martin, was also the subject of bullying as a child and a teenager. Please! No double standard. "Our consulting expert"? Give me a break!
Bias #3 (Page 4): Further, Martin’s vulnerabilities do not excuse the harassment that was
directed at him. That the same taunts might have bounced off a different person is beside
the point. Bullies often pick vulnerable victims, but this makes their conduct more, not
less, objectionable.
Comment: This is yet another assumption and bias. Why is this report suddenly turning into an anti-bullying workshop? I guess we're all better off not socializing with any of our colleagues from now on. Let's all be loners! Okay, Ted Wells. Point taken.
Bias #4 (Page 5): A young football player who has the skills to
play at the highest level, and who also happens to be quiet and reserved, should have the
opportunity to pursue a career in the NFL without being subjected to harassment from his
teammates. Martin has expressed a desire to continue his NFL career, and we hope
that he will have the opportunity to do so. His brief experience in the league was derailed
by harassment from his teammates, and it would be unfortunate if he did not get the
chance to resume playing in an environment that will permit him to reach his full
potential as a professional athlete
Comment: This final line really summed up the bias and the agenda of this report. It clearly demonstrated that Ted Wells has no intention of exonerating Richie Incognito from the start despite overwhelming evidence to the contrary. Instead they choose the use the same sensitive, politically correct point of view of the media to put the bantering in the locker room under a microscope. Define "harassment". Define "bullying". It's all subjective. If Martin has a problem with such an environment, he should either voice his displeasure to the coaching staff or front office, or learn how to blend in. I'm sorry but the world is not all rainbows and butterflies.
It is also worth nothing that all of their Dolphins' teammates and numerous ex-teammates standing up for Incognito. Quarterback Ryan Tannehill called Incognito a good teammate and Martin's best friend. Brian Hartline alleged Martin laughed along with the voicemail. Ex-teammate Lydon Murtha defended Incognito and made some very good points about the locker room culture of the NFL, which like different frat house, different corporate culture, and the military, have its own way of policing themselves.
It seems to me that Incognito, due to his veteran status and perhaps under the coaching staff's instruction, was the only one who chose to socialize with Martin outside of work in order to bring the antisocial Martin out of his shell. It is unfortunate that his friendliness is being used against him and every word he said are being micro-analyzed.
The biggest question is, why would any guy want to befriend someone like Jonathan Martin? If you have a problem with my vernacular and sense of humor, fine. Confront me man-to-man. Don't run to the media, release private off-work communication in an effort to ruin your friends' livelihood.
Bias #5 (Page 8): But limits should exist. Even viewed in context, some of the behavior and
language discussed in this Report is inappropriate by any reasonable measure of conduct
becoming of a professional athlete—and, based on what he reported, certainly was
offensive to Martin.
Bias #5 (Page 8): But limits should exist. Even viewed in context, some of the behavior and
language discussed in this Report is inappropriate by any reasonable measure of conduct
becoming of a professional athlete—and, based on what he reported, certainly was
offensive to Martin.
Comment: This statement alone tells you everything you need to know about the agenda of this farce of an investigation. Martin is one person. There were 53 men in that locker room and only one of them found it offensive. Yet somehow, Ted Wells' conclusion is that "limits should exist" and that the Dolphins' somehow crossed the line and other teams don't. Please!
Untruth (page 6): The purpose of our independent investigation was to determine and to
report on what happened. We were not engaged to make judgments about whether the
conduct gives rise to legal liability on the part of any person or entity.
Comment: Yet making judgment and taking side is exactly what Ted Wells has done throughout the introduction in the first five pages. The "independent" investigation doesn't seem to be all that "independent" after all.
Comment: Yet making judgment and taking side is exactly what Ted Wells has done throughout the introduction in the first five pages. The "independent" investigation doesn't seem to be all that "independent" after all.
Allegation #1 (Page 1) Mom jokes: Martin was taunted on a persistent basis with sexually explicit
remarks about his sister and his mother and at times ridiculed with racial insults and other
offensive comments.
Comment: Variations of "I slept with your mom last night" jokes is probably the most prevalent in any high school, locker rooms, or frat houses. We cannot use the same puritan, politically-correct lens to judge what is being said behind closed doors. I'm sure many of you who are passing moral judgments have been both on the giving and receiving end of "your mom"-styled jokes and made jokes that could be misconstrued as racially-charged or racist. What is the big deal?
Allegation #2 (Page 4) The fine book: Approximately one week after Martin left
the team, on November 3, 2013, Incognito wrote nearly identical text messages to
Pouncey and another lineman: “They’re going to suspend me Please destroy the fine
book first thing in the morning.” We view Incognito’s entries in the fine book about
“breaking Jmart” and his attempt to destroy the fine book—which was unsuccessful—as
evidence demonstrating his awareness that he had engaged in improper conduct toward
Martin.
Now moving onto the executive summary...
1. Finding #1 (page 9) contained the following statements that Mike Pouncey and Incognito allegedly made to Martin:
- We are going to run train on your sister. She loves me. I’m going to fuck her without a condom and cum in her cunt.
- Hey, Jmart’s sister is in town. Get the plastic sheets ready, she’s a squirter.
- I’m going to bang the shit out of her and spit on her and treat her like shit.
- Hear your sister has a wolf-puss. A fat, hairy pussy.
Comment: Again I would like to say that the female readers of this saga may find this appalling, but as a man, I found this type of bantering to be fairly typical in my personal life, especially in my younger days. I have a sister myself and I was on the receiving end of similar statements and I either laughed it off and came up with an even more outlandish and ridiculous comeback. I have made comments about my friends' sisters and mothers about them "deep throating my dick" or "doggystyle" or calling them "mommy's boy". At the end of the day, we both know we still got each other's backs. That's what "bros" do. Get over it!
Martin had a choice to either ignore it or participate in this type of team-building exercise. From my experience, you either have to be "all in" or you have to learn to grow a thicker skin and be unfazed by the taunts. He chose neither and instead took the worst possible course of action: to snitch to the media.
The racial epithets such as “liberal mulatto bitch,” “stinky Pakistani,” “shine box”, "half nigger piece of shit", and “darkness.” also doesn't bother me much as it is fairly obvious that Incognito is not a racist. After all, Pouncey and John Jerry, who taunted Martin by accusing him of not being “black enough.” are both black. From my personal experience, I have been on the receiving end of racially-charged jokes and I have made similar comments that could be misconstrued as derogatory and racist ("hillbilly", "curry queen", "sand n*gga", joking about nuking China to end our country's debt crisis, "ghetto booty", "beaner", "trailer park trash", etc). Once again, I must stress that as someone who is accustomed to being in multi-racial environments and have friends who are black, white, Latino, orientals, and southeast Asian, such comments do not bother me. In fact, more often than not, we found it hilarious and enjoyable a way to build camaraderie.
2. Finding #2 is an interesting one. Ted Wells first claimed that there are an assortment issues that impacted Martin's mental health (poor play, unhappy past), but in the end of the finding unilaterally stated Ultimately, we believe that sufficient evidence exists to support a finding that the abusive conduct by Incognito, Jerry and Pouncey was at least a contributing factor to Martin’s emotional distress. without any justification whatsoever.
3. Finding # 3. Ted Wells once again tried to play the role of psychologist by stating It may seem odd to some that Martin, a professional football player with imposing physical stature, could be described as a victim of bullying or harassment, but even big, strong athletes are not immune from vulnerability to abusive behavior. The relevant literature on bullying indicates that bullies typically choose
victims who are different from them, who have low self-esteem or who lack the skills to
deal with conflict. A typical victim is a person who is unlikely to push back when
victimized. Studies show that bullying adversely affects the target’s physical and mental
health—it has been shown to lead to depression, stress, anxiety, mood swings and
suicide. Researchers also have found that bullying causes decreased job satisfaction and
increased intentions to leave one’s job. And several studies explain that targets of
bullying may not report the bullying out of fear that their employers will not support
them or that reporting the harassment will leave them worse off.
Did you read all of that? Yeah I'm speechless. Note to self: Don't try to make friends with anyone who is uptight and oversensitive and has a history of psychological issue. You would getting sued and your career sabotaged and your reputation in tatters.
Bias #6 (page 18): Yet, while there is no doubt that Martin at times enjoyed socializing with Incognito, his efforts to befriend Incognito also is consistent with the reaction of a person who is trapped in an abusive
situation. As Dr. Berman explained, attempting to develop a close friendship with an
abusive person is a common coping mechanism exhibited by victims of abusive
relationships.
Comment: Wells once again tried to play psychologist and invoke the "opinion" of so-called "experts" to railroad Incognito. The key sentence here is "there is no doubt that Martin at times enjoyed socializing with Incognito". Yeah they socialized and he stabbed Richie in the back. That's now how you make friends, bro. And Martin wonders why he has trouble making friends throughout his life. It's not because you are "different". It's not because your mommy and daddy are rich. It's because you're a snake in the grass who violated the bro code in the worst possible way.
Finding #4 (page 19): The allegation about "Player A" long-running gay gags actually painted Martin in a negative light, as he came up with the nickname "loose booty" for player A (page 20). Yet once again, Wells demonstrated his bias by excusing and whitewashing Martin's active participation in similar antics by stating, "Ultimately we do not believe that Martin intended to harass or embarrass
Player A; in fact, Martin may also have been trying, however awkwardly, to fit in.
Although Martin’s participation in homophobic jokes about Player A does lend credence
to Incognito’s view that these comments were not meant to cause real injury, any such
inappropriate teasing by Martin does not, in our view, excuse the conduct of Incognito,
Jerry or Pouncey. More important, the evidence indicates that Martin was not viewed as
one of Player A’s tormentors." (page 21). Whaaaaat? Double standard much?
And here's the icing on the cake: Ted Wells used this report to push the gay agenda and tied this to the recent coming out of Michael Sam, a prospect who is available for the draft this year. Several NFL players have been vocal in promoting acceptance and integration of
gay players into the league, and we believe that the NFL as an organization is committed
to creating a safe environment in which a player can feel comfortable being open about
his sexual orientation. With the recent announcement by Michael Sam, a defensive
lineman from the University of Missouri who is expected to be selected in the 2014 NFL
draft, that he is gay, it is even more urgent that a tolerant atmosphere exist throughout the
league. The frequent use of homophobic insults undermines this goal. (page 21)
The fact that Ted Wells used this report to try to inject social policy on a social issue that is contentious and controversial nationwide, if not internationally-debated, clearly demonstrated the bias and agenda of this report. Like it or not, gay slur and racial slur will be used 10 years, 20 years, and 50 years from now in private such as locker rooms, frat houses, among other quarters where guys assume the private conversation between bros will stay that way. Boys will be boys. Get over it!
As for the Japanese assistant trainer allegation, Wells stated, In our view, it is likely that the Assistant Trainer felt that he had no standing or ability to fight back, and feared the loss of his job if he protested and the players did not take kindly to his complaints (page 24). He is sadly mistaken. The trainer is hired by the front office. The players don't have the ability to have him fired. If he felt harassed, he could have talked to the coaching staff. The fact that Wells chose to scapegoat selected individuals (Incognito, Pouncey, Jerry, and offensive line coach Jim Turner) while completely turning a blind eye on head coach Joe Philbin and similar conduct by Jonathan Martin himself reflect poorly about the objectivity of this report.
5. It really goes on and on and I'm not going to give you guys my take on the entire report. I'll leave you with some highlights.
On page 27 (finding #6), Ted Wells exonerated Martin's two-faced duplicity about his text to Incognito the day after he left the team ("I don't blame you guys at all") while simultaneously waging a personal assassination campaign against Incognito by proxy through his agent and the media by stating Martin responded that when he sent these messages to Incognito, he truly believed that Incognito was one of the players who had driven him from the team, but at the time, he blamed himself for leaving, feeling that he was simply too sensitive and that he was at fault for not stopping the abusive behavior. Martin told us, too, that he has received counseling since that time and has come to the view that he
should not feel guilty or blame himself if ridiculed.
I don't buy it. I don't buy Martin's explanation for this AT ALL. Now here's the best part (page 28), Ted Wells once again invoked this Dr. Berman character to make excuses for Martin's snitching to the media. At the end of the day, we credit Martin’s explanations for why he did not,
in his November 1st text messages to Incognito, say that he believed his teammates were
at fault for harassing him. Dr. Berman informed us that Martin’s outwardly conciliatory
responses are consistent with the reaction of a victim of abusive conduct and cautioned
that these responses should not lead to the conclusion that Martin has fabricated
allegations of harassment. In fact, according to Dr. Berman, blaming one’s self for being
too sensitive and not stopping abuse is often a manifestation of depression.
The more I read it, the more this supposedly "independent" investigation seems like a concerted effort to scapegoat Mike Pouncey, John Jerry, OL coach Jim Turner, and particularly Richie Incognito, .
Conclusion: So why do they need a scapegoat? I believe the point of this whole investigation is to protect the Dolphins' organization from a potential lawsuit. Ted Wells has only one single objective with this report: to stop the bleeding and to cover the asses of the front office and head coach Joe Philbin. That's what lawyers do. So they picked Richie Incognito, who given his past checkered history, is a ready-made fall guy and easy to convict through the trial of media and public opinion. The fact that on page 43, Wells specifically made a headline that states "Coach Philbin and the Front Office Did Not Know About the Harassment" make his intention clear. If OL coach Turner (another fall guy) is not only aware but participated in the so-called "bullying" then common sense dictates Joe Philbin is either downright incompetent for running such a loose ship or he knows. I would bet my money on the latter.
In conclusion, I firmly believe that uptight, holier-than-thou, I-know-better-than-you bureaucrats who have no idea how the locker room conduct itself need to lay off, understand that boys will be boys, and let the good times roll.
#FreeINCOGNITO
Player A; in fact, Martin may also have been trying, however awkwardly, to fit in.
Although Martin’s participation in homophobic jokes about Player A does lend credence
to Incognito’s view that these comments were not meant to cause real injury, any such
inappropriate teasing by Martin does not, in our view, excuse the conduct of Incognito,
Jerry or Pouncey. More important, the evidence indicates that Martin was not viewed as
one of Player A’s tormentors." (page 21). Whaaaaat? Double standard much?
And here's the icing on the cake: Ted Wells used this report to push the gay agenda and tied this to the recent coming out of Michael Sam, a prospect who is available for the draft this year. Several NFL players have been vocal in promoting acceptance and integration of
gay players into the league, and we believe that the NFL as an organization is committed
to creating a safe environment in which a player can feel comfortable being open about
his sexual orientation. With the recent announcement by Michael Sam, a defensive
lineman from the University of Missouri who is expected to be selected in the 2014 NFL
draft, that he is gay, it is even more urgent that a tolerant atmosphere exist throughout the
league. The frequent use of homophobic insults undermines this goal. (page 21)
The fact that Ted Wells used this report to try to inject social policy on a social issue that is contentious and controversial nationwide, if not internationally-debated, clearly demonstrated the bias and agenda of this report. Like it or not, gay slur and racial slur will be used 10 years, 20 years, and 50 years from now in private such as locker rooms, frat houses, among other quarters where guys assume the private conversation between bros will stay that way. Boys will be boys. Get over it!
As for the Japanese assistant trainer allegation, Wells stated, In our view, it is likely that the Assistant Trainer felt that he had no standing or ability to fight back, and feared the loss of his job if he protested and the players did not take kindly to his complaints (page 24). He is sadly mistaken. The trainer is hired by the front office. The players don't have the ability to have him fired. If he felt harassed, he could have talked to the coaching staff. The fact that Wells chose to scapegoat selected individuals (Incognito, Pouncey, Jerry, and offensive line coach Jim Turner) while completely turning a blind eye on head coach Joe Philbin and similar conduct by Jonathan Martin himself reflect poorly about the objectivity of this report.
5. It really goes on and on and I'm not going to give you guys my take on the entire report. I'll leave you with some highlights.
On page 27 (finding #6), Ted Wells exonerated Martin's two-faced duplicity about his text to Incognito the day after he left the team ("I don't blame you guys at all") while simultaneously waging a personal assassination campaign against Incognito by proxy through his agent and the media by stating Martin responded that when he sent these messages to Incognito, he truly believed that Incognito was one of the players who had driven him from the team, but at the time, he blamed himself for leaving, feeling that he was simply too sensitive and that he was at fault for not stopping the abusive behavior. Martin told us, too, that he has received counseling since that time and has come to the view that he
should not feel guilty or blame himself if ridiculed.
I don't buy it. I don't buy Martin's explanation for this AT ALL. Now here's the best part (page 28), Ted Wells once again invoked this Dr. Berman character to make excuses for Martin's snitching to the media. At the end of the day, we credit Martin’s explanations for why he did not,
in his November 1st text messages to Incognito, say that he believed his teammates were
at fault for harassing him. Dr. Berman informed us that Martin’s outwardly conciliatory
responses are consistent with the reaction of a victim of abusive conduct and cautioned
that these responses should not lead to the conclusion that Martin has fabricated
allegations of harassment. In fact, according to Dr. Berman, blaming one’s self for being
too sensitive and not stopping abuse is often a manifestation of depression.
The more I read it, the more this supposedly "independent" investigation seems like a concerted effort to scapegoat Mike Pouncey, John Jerry, OL coach Jim Turner, and particularly Richie Incognito, .
Conclusion: So why do they need a scapegoat? I believe the point of this whole investigation is to protect the Dolphins' organization from a potential lawsuit. Ted Wells has only one single objective with this report: to stop the bleeding and to cover the asses of the front office and head coach Joe Philbin. That's what lawyers do. So they picked Richie Incognito, who given his past checkered history, is a ready-made fall guy and easy to convict through the trial of media and public opinion. The fact that on page 43, Wells specifically made a headline that states "Coach Philbin and the Front Office Did Not Know About the Harassment" make his intention clear. If OL coach Turner (another fall guy) is not only aware but participated in the so-called "bullying" then common sense dictates Joe Philbin is either downright incompetent for running such a loose ship or he knows. I would bet my money on the latter.
In conclusion, I firmly believe that uptight, holier-than-thou, I-know-better-than-you bureaucrats who have no idea how the locker room conduct itself need to lay off, understand that boys will be boys, and let the good times roll.
#FreeINCOGNITO
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