Vilma urges rejection of Goodell motion to dismiss
By The Associated Press
Published: Friday, Dec. 14, 2012, 8:58 p.m.
NEW ORLEANS — Jon Vilma urged a federal judge Friday to reject NFL Commissioner Roger Goodell's motion to dismiss the defamation lawsuit filed against him by the Saints linebacker.
Vilma's request to U.S. District Judge Ginger Berrigan argues Goodell acted with “reckless disregard for the truth” when basing initial allegations about Vilma upon one fired Saints assistant, Mike Cerullo, whose testimony has been inconsistent and challenged by other witnesses in the NFL's bounty probe of the Saints.
The motion centers on Goodell's public comments that Vilma held up $10,000 cash in a team meeting in 2010, offering it to anyone who knocked Arizona quarterback Kurt Warner out of a playoff game.
During recent NFL appeal hearings in the bounty case, former Saints defensive coordinator Gregg Williams testified he never saw any money.
“Williams has always told Goodell, and continues to state, that there was never any cash put up for a bounty on any player. It was ‘just talk.' ” Vilma's motion reads. “Nonetheless, Goodell irresponsibly chose to contend that Vilma walked around with $10,000 before the Cardinals game.”
Vilma's season-long suspension and various shorter bans for three other players were thrown out Tuesday by former Commissioner Paul Tagliabue, whom Goodell had appointed to oversee the appeals of player punishment.
After Tagliabue's decision, the NFL Players Association dropped claims in federal court on behalf of Saints defensive end Will Smith and two former Saints: Cleveland linebacker Scott Fujita and free agent defensive lineman Anthony Hargrove. Vilma dropped his claims against the league concerning the disciplinary process, but moved forward with his defamation case against the commissioner.
In their effort to highlight how unreliable Cerullo was, Vilma's attorneys cite hearing testimony from Saints assistant head coach Joe Vitt, who said head coach Sean Payton once arranged for police protection at his former suburban family home while he was away at league meetings because Payton feared Cerullo was emotionally unstable and might harm his family.
“An email was sent to the League about Mike Cerullo long before these (bounty) charges were brought up on our football team saying that Mike Cerullo was crazy, that Sean Payton had to have a police escort or, excuse me, police protection at his house because he was going to the owners' meeting, and he was worried about his family with Cerullo,” Vitt testified. “This is the kind of guy we're dealing with.”
The NFL continues to allege that Vilma offered a $10,000 to anyone who knocked then-Minnesota quarterback Brett Favre out of the 2010 NFC title game, which followed the Arizona game. Williams testified that he recalled such an offer for that game, but never saw any money change hands and suggested it was nothing more than tough talk in an emotional meeting.
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