Antonio Brown's Phone Recording Could Be a Huge Legal & NFL Problem
Antonio Brown Jon Gruden Phone Recording Could Be a Huge Legal, NFL Problem
9/9/2019 10:40 AM PT
UPDATE
10:39 AM PT -- Antonio Brown's camp is now suggesting Jon Gruden gave CONSENT for the NFL player to post the video of the call AFTER the conversation was recorded.
UPDATE
AB's producer, Alejandro Narciso, called into the Dan Le Batard radio show Monday morning to explain how things went down.
UPDATE
Antonio Brown's video producer said Jon Gruden approved of the use of their phone conversation in Brown's Youtube video before it was released.
— #BOOMIN (@ftbeard_17) September 9, 2019 @ftbeard_17
They sent him the video and 15 minutes later Gruden responded with "I love it! Loved it! I love it!" pic.twitter.com/wrqer5ujvZ
UPDATE
Long story short ... Alejandro says they sent the edited footage to Gruden to get his thoughts and approval -- and Gruden sent a barrage of text messages back raving about the clip.
UPDATE
AB's camp took the positive comments as "consent" and decided to move forward with publishing it. If Alejandro's story is true, it cuts well for AB but doesn't really absolve him if Gruden decides he wants to move forward with prosecution.
Illegally recording a phone conversation in California carries a maximum 1-year jail sentence ... which could be a BIG problem for Antonio Brown if Jon Gruden wants to stick it to the WR.
Patriots fans might want to pay attention ...
Obviously, the issue here is the video Antonio posted on social media Friday night (when he was still a Raider) which contained pieces of a phone call between AB and Gruden.
It seems obvious Gruden didn't know he was being recorded at the time of the call -- and if Antonio was in California (a 2-party consent state) when he pressed "record," he committed a misdemeanor crime.
It's all spelled out in California Penal Code 632 -- an invasion of privacy statute that essentially forbids the recording of a conversation without the knowledge/consent of both parties.
If convicted, it carries a maximum 1-year jail sentence, $2,500 in fines and other penalties.
So, if Gruden believes AB was in CA during the call (which is likely considering Brown was staying in a home near Raiders HQ in Northern California), Jon COULD report Brown to authorities with the intention of having Antonio prosecuted.
Of course, even if Brown was convicted, it's VERY unlikely he would get jail time -- but a criminal investigation/conviction would likely force the NFL to take action as well.
The NFL's Personal Conduct Policy not only allows the league to suspend a player for a criminal conviction, but it also allows the Commish to discipline a player who "undermines or puts at risk the integrity of the NFL, NFL clubs, or NFL personnel."
To our knowledge, the NFL has never dealt with an alleged illegal recording situation before -- so there's no precedent -- but it's clear they DON'T need a conviction to mete out punishment.
Ezekiel Elliott was neither charged nor convicted of a crime when the league hit him with a 6-game suspension following a domestic violence investigation in 2017.
Will Gruden or the Raiders choose this option? Again, unlikely ... but it all depends on how pissed off they are at the WR.
Who's feeling petty?!!?
Originally Published -- 7:06 AM PT
