3 of 9 4 of 9 Dallas Cowboys defensive end Greg Hardy (76) looks on from the sidelines during an NFL football game against the Seattle Seahawks Sunday, Nov. 1, 2015, in Arlington, Texas. Hardy was convicted last summer on assault on a female and communicating threats in a case involving a former girlfriend. The Associated Press generally does not name victims of abuse.
Ray Rice was caught on tape punching his future wife. He’s indefinitely suspended from the NFL. Greg Hardy, a Pro-Bowl defensive end for the Carolina Panthers, was arrested on May 13 for assaulting an ex-girlfriend. On the arrest warrant, a police officer made the following statement. The capital letters appeared in the document.
“I, the undersigned, find that there is probable cause to believe that on or about the date of the offense shown [May 13, 2014] and in the county named above [Mecklenburg County, North Carolina] the defendant named above [Hardy] unlawfully and willingly did assault [redacted], a female person, by GRABBING VICTIM AND THROWING TO THE FLOOR, THROWING INTO A BATHTUB, SLAMMING HER AGAINST A FUTON, AND STRANGLING HER. The defendant is a male person and was at least 18 years of age when the assault occurred.”
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For your security, we've sent a confirmation email to the address you entered. Click the link to confirm your subscription and begin receiving our newsletters. If you don't get the confirmation within 10 minutes, please check your spam folder.On the “complaint and motion for domestic violence protective order,” the accuser described the incident.
“On May 13, 2014, Greg Hardy attacked me in his apartment. Hardy picked me up and threw me into the tile tub area in his bathroom. I have bruises from head to toe, including my head, neck, back, shoulders arms, legs, elbow and feet. Hardy pulled me from the tub by my hair, screaming at me that he was going to kill me, break my arms and other threats that I completely believe. He drug me across the bathroom and out into the bedroom. Hardy choked me with both hands around my throat while I was lying on the floor. Hardy picked me up over his head and threw me onto a couch covered in assault rifles and/or shotguns. I landed on those weapons. Hardy bragged that all of those assault rifles were loaded. Landing on those weapons bruised [my] neck and back. Hardy screamed for his “administrative assistant” (Sammy Curtis) to come into the room and hold me down. Curtis came into the room, grabbed me from behind and held me down. Hardy and Curtis then took me into the living room area. I wasn’t nearly strong or fast enough to escape. I begged them to let me go & I wouldn’t tell anyone what he did. They took me out into the hall, pushed me down & went back inside his apartment. I crawled to the elevator and ran into CMPD (Charlotte-Mecklenburg Police Department)
In court, the accuser testified: “He looked me in my eyes and he told me he was going to kill me. I was so scared I wanted to die. When he loosened his grip slightly, I said just,`Do it. Kill me.”
On June 15, a judge found Hardy guilty of assaulting a female and communicating threats. She sentenced him to 18 months probation; a 60-day jail sentence was suspended. Hardy appealed, and since he was convicted of a misdemeanor, under North Carolina law he’s entitled to a jury trial, which is set for Nov. 17. In court, Hardy and Curtis denied that Hardy assaulted the victim, or communicated threats.
The world hasn’t seen this incident on tape. Hardy played in Carolina’s first game. He didn’t practice on Wednesday for what the team said were “personal reasons” — he met with his attorney. But Hardy returned to practice Thursday and as of right now, he is slated to play on Sunday, as the Panthers host the Detroit Lions. Pressure is building on the team to change that and the Charlotte Observer called for Hardy’s suspension in an editorial.
On Wednesday night, hours after Hardy missed practice, Panthers owner Jerry Richardson received a humanitarian honor in Charlotte: The Echo Award Against Indifference.
Read next: Chris Borland Is the New Model NFL Player
The domestic violence case against Carolina Panther Greg Hardy was dismissed this week. According to the Charlotte Observer, a principal reason was that the alleged victim, Hardy’s ex-girlfriend, refused to cooperate and avoided service of a subpoena. Prosecutors also told the judge that the alleged victim had reached a civil settlement with Hardy. To be clear, no one has said that the settlement agreement required the alleged victim not to cooperate. But could the agreement contain such a provision?
Not ethically. Rule 3.4 provides that a lawyer shall not “obstruct another party’s access to evidence,” and specifically, shall not “counsel or assist a witness to hide or leave the jurisdiction for the purpose of being unavailable as a witness.” Several ethics opinions clarify and amplify the rule.
Victims may agree to support dismissal or a favorable plea agreement, but may not agree to refuse to testify or to withhold evidence. RPC 225 addresses the interplay of civil and criminal proceedings. It indicates that it would be proper for Hardy’s lawyers to discuss the settlement of the alleged victim’s civil claims in conjunction with a discussion of the alleged victim’s cooperation in obtaining a plea agreement or a dismissal of the charges against Hardy. But any civil settlement could not ethically include:
- “[M]aking the settlement of the . . . civil claims contingent upon the content of the testimony of the [alleged victim] or upon the outcome of the [criminal] case.”
- Any terms that “result in a witness’s refusal to testify or the withholding of factual information from the court.” 98 FEO 2 (ruling that lawyers generally may not advise their clients to evade service of process or explain how to do so).
The idea that an alleged victim may offer some assistance in a defendant’s criminal case in exchange for a favorable civil settlement is also reflected in 98 FEO 19 (stating that a victim’s attorney ethically may “propos[e] that [a] [v]ictim will acquiesce to [a favorable] plea agreement in exchange for a confession of judgment from [a defendant]”). That opinion also contains cautionary language to the effect that a victim’s lawyer “may not imply that the lawyer has the ability to interfere with the due administration of justice and the criminal proceedings or that the client will enter into any agreement to falsify evidence.”
Victims may agree not to report crimes. Although not directly relevant, it is also worth noting 2008 FEO 15, which provides that so long as “the agreement does not constitute the criminal offense of compounding a crime and is not otherwise illegal, and does not contemplate the fabrication, concealment, or destruction of evidence, a lawyer may participate in a settlement agreement of a civil claim that includes a non-reporting provision prohibiting the plaintiff from reporting the defendant’s conduct to law enforcement authorities.” That opinion, too, reminds attorneys to avoid involvement in the obstruction of justice, saying that lawyers “must also be careful to avoid any implication that the settlement includes the client’s agreement to testify falsely or to evade a subpoena in a criminal proceeding should criminal charges subsequently be brought by the authorities. Such conduct clearly violates the prohibitions in Rule 3.4(a) and (b) on counseling or assisting another to destroy or hide evidence, testify falsely, or avoid serving as a witness.”
The bottom line. Civil settlement agreements generally may be conditioned on:
- A victim’s non-reporting of a crime
- A victim’s support for a favorable plea agreement
- A victim’s support for a dismissal
They may not be conditioned on:
- The content of a victim’s testimony
- The outcome of the criminal case
- A victim’s refusal to testify
- A victim’s evasion of service
The victim also may not receive more compensation than he or she is entitled to under applicable civil law. In other words, the victim may not use the threat of reporting a crime or opposing a plea agreement to extort a greater settlement than he or she deserves. 98 FEO 19.
Greg Hardy Crimes
Finally, when there are negotiations between an alleged victim and a defendant, the prosecutor should be notified. RPC 225 (stating that “the district attorney responsible for the case should be advised of the discussions”).