In a stunning but not surprising move, the Boston Herald has apologized to the New England Patriots for the February 2 report that the Patriots videotaped the walk-through practice of the St. Louis Rams prior to Super Bowl XXXVI.
“While the Boston Herald based its Feb. 2, 2008, report on sources that it believed to be credible,” the newspaper writes, ”we now know that this report was false, and that no tape of the walkthrough ever existed.
“Prior to the publication of its Feb. 2, 2008, article, the Boston Herald neither possessed nor viewed a tape of the Rams’ walkthrough before Super Bowl XXXVI, nor did we speak to anyone who had. We should not have published the allegation in the absence of firmer verification.”
“The Boston Herald regrets the damage done to the team by publication of the allegation, and sincerely apologizes to its readers and to the New England Patriots’ owners, players, employees and fans for our error.”
Wow.
In our view, the timing of the story implicitly confirms that former Pats video employee Matt Walsh was the source of the story, despite the recent denial issued by his lawyer, Michael Levy. If Walsh wasn’t the source, why would the disclosure from NFL Commissioner Roger Goodell that Walsh didn’t tape the walk-through, is aware of no tape, and knows of no one who made such a tape prompt the about-face?
The only other possible explanation is that the actual source of the Herald story coincidentally called John Tomase on May 13 and explained that the information was incorrect.
Though plenty of Pats fans will (continue to) call for Tomase to be fired, the real culprit here, in our view, is the person who (as we believe the facts to be) previously told Tomase that the story couldn’t run with Walsh as an unnamed source, and who then changed his/her mind dramatically once it appeared that the New York Times and ESPN.com were close to getting Walsh to crack.
Despite the apology (which doesn’t use the word “retraction” but which operates as one), the Patriots could still sue the Herald for defamation. And the Pats would be entitled, if successful, to full compensation for the damage to the franchise that was done as a result of the false story.
Given the widespread play that the article received and in light of its timing, a fair verdict easily could involve a dollar sign followed by eight figures.
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May 14th, 2008 at 12:44 am
I wonder if the Pats planted the story to try and mess with Walsh’s perceived credibility.
Why not create a big story that you know is false, so that everyone sighs in relief - “everything is OK”. But they still got caught cheating.
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Rating: 1.45 / 5 with 19 rating(s)
May 14th, 2008 at 12:50 am
As a Patriots fan, it’s best to let sleeping dogs lie. Enough said. What is Kraft, the fourth wealthiest owner in the league, going to gain from this? Nothing.
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Rating: 4.75 / 5 with 4 rating(s)
May 14th, 2008 at 1:05 am
As a Patriots fan you would want to let sleeping dogs lie. Your team is a bunch of cheaters and assholes. Hopefully, in the future your rings will be removed and the “dynasty” will be something on the lines of the Webber years at Michigan. A 500K fine and a 1st round pick was absurd. Belichick should have been banned from the league and all titles stripped.
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Rating: 1.8 / 5 with 13 rating(s)
May 14th, 2008 at 1:11 am
All the lawyers out there (Florio, too.) - Would the Herald’s lawyers ALLOW them to make such a public and damning apology if they didn’t have reassurances that the Pats would NOT sue? Seems to me, barring any agreement from the Pats, the Herald just threw away ANY possible defense. What’s the law regarding these things?
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Rating: 4 / 5 with 3 rating(s)
May 14th, 2008 at 1:16 am
Treez your comment might be the dumbest thing I’ve read in the past 24 hours. And thats saying a lot.
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Rating: 4.2 / 5 with 5 rating(s)
May 14th, 2008 at 1:19 am
In a previous entry I gave the 5 things that need to be proven for libel regarding a plaintiff suing a newspaper, according to the 2007 AP Stylebook. I now believe the Boston Herald ought to get sued. Additionally, if the info given is explicitly false or a lie, say who the culprit/source/liar is. He/she deserves to be embarrassed, and rightfully so. The Herald put trust in the individual.
This whole situation is almost as awkward as (yes, another YouTube video):
http://youtube.com/watch?v=cu8q3363qTk&feature=related
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Rating: 5 / 5 with 2 rating(s)
May 14th, 2008 at 1:29 am
Ok. 3L here, so I might be wrong.
In a defamation suit, a public official or public figure must prove the defendant acted with “actual malice” in publishing the defamatory statement. (New York Times v. Sullivan; Gertz v. Robert Welch, Inc.). If (I’m guessing and too lazy to do the WestLaw search) an entity (e.g. Patriots) can be considered a public figure, wouldn’t they have to prove that the Boston Herald published the story with actual malice? The Patriots would have to prove by clear and convincing evidence the defamatory statements were published with “knowledge of the falsity or reckless disregard for the truth.” (Harte-Hanks Commun., Inc. v. Connaughton). If the source was Walsh, which we assume it is, was the story really published with obvious reasons to doubt the truthfulness of the source? Did they purposefully avoid the truth by intentionally not asking the right questions, not interviewing the right people or relying on biased statements to avoid discrediting the story? I highly doubt it.
Now, if Tomase is in actuality the “source”, then the story was published with actual malice (definitely obvious reasons to doubt the truthfulness of the Tomase), and there will likely be the eight-figure verdict.
Further, another issue if this goes to court is will Tomase reveal his source? Not too long ago some journalists were found in contempt of court as a result of the very same issue (e.g. San Francisco Chronicle). If he declines to name the source, could actual malice really be found? Its hard to see if there are reasons to doubt the source without knowing who the source is.
Again, this is assuming that an entity can be considered a public figure. I probably should do the research, but its too late. Any attorneys out there that know better - correct me if I’m wrong.
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Rating: 5 / 5 with 4 rating(s)
May 14th, 2008 at 1:40 am
Well, the problem would be for the Pats to show how their reputation has been damaged by the allegations. I mean, any more than their reputation has already been damaged by the cheating they got caught doing. The Herald was irresponsible in that they ran with a story without tangible proof or a witness “on the record.” That said, they had a source they believed to be credible, and a story that was incredibly plausible given what the Pats had already been found guilty of doing. The fact that so many people believed the story goes to show just how damaged the reputation of the Patriots already was. How many people passed on season tickets because of the Herald’s story? How many people decided not to buy a Randy Moss jersey because of the allegations? It’s doubtful that the Pats can point to any financial loss directly related to the Herald’s story, which makes the likelihood of an eight-digit settlement pretty slim. As a believer in irony, I figure they’ll get about as much as the league fined them… somewhere between $500k and $1.5 million.
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Rating: 5 / 5 with 2 rating(s)
May 14th, 2008 at 1:54 am
I hope they sue. kellyb9, you know what they have to gain from this? The fines that were levied against them, and money to put back into restoring their image nationally. Morevover, it gives them more money that they can spend on their facilities or eben donate to charity, which will probably be the most likely outcome if they pursue this matter.
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Rating: 3 / 5 with 3 rating(s)
May 14th, 2008 at 2:02 am
The Harold ran a rumor as a story. Conveniently the NFL has a new bad boy to keep the public glare off them.
I’m getting bored with this story already. We are all going to still watch NFL games, we’ll all eventually forgive the Patriots and the NFL and Matt Walsh will end up on Celebrity Deathmatch arm wrestling Tonya Harding.
Lets hit the fast forward button and move on to something more interesting. Hasn’t a Bengal been arrested yet this week?
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Rating: 2.6 / 5 with 5 rating(s)
May 14th, 2008 at 2:05 am
Don’t believe everything you read in the papers. It’s an old truism, yet is more true today than ever. There are a lot of people, including many posters on this blog, who owe the Patriots an apology. But human nature being what it is, admitting they were were wrong will not be something they have the guts to fess up to.
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Rating: 3 / 5 with 6 rating(s)
May 14th, 2008 at 3:35 am
I’m sure that I’m not the first to think or say this, but a former videographer admits to watching the StL pre-superbowl walkthrough and telling the NE coaches about yet. Sounds like the Herald heard this, proally through Walsh himself, came to an incorrect conclusion, and tried to be the first to publish this sports story of the decade.
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May 14th, 2008 at 4:44 am
Wow, Treez. Wow.
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May 14th, 2008 at 4:53 am
Given the damage that was done and as Kraft said, the vast audience that WON’T see the retraction/apology as they did the game itself, I personally think the Herald should publish this in all the major newspapers across the country as well. Not only will this help reach a vaster audience but it will also serve as a little “humble pie”.
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Rating: 2.35 / 5 with 3 rating(s)
May 14th, 2008 at 4:59 am
I find it hard to believe nobody has brought up what to me sounds so apparent….and that is how easy it would be for the Pats to have a suitcase full of dollar bills delivered to Walsh in exchange for zipped lips.
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Rating: 2.6 / 5 with 10 rating(s)
May 14th, 2008 at 5:03 am
Treez:
You are talking nonsense man.
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Rating: 5 / 5 with 1 rating(s)
May 14th, 2008 at 6:53 am
Again, a rumor circulates around the world, is heralded as the truth and spurs the dogs of war long before the truth is given a forum.
It’s over.
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Rating: 3 / 5 with 2 rating(s)
May 14th, 2008 at 7:01 am
Florio, you’ve got it all wrong man! The Herald just said:
“Prior to the publication of its Feb. 2, 2008, article, the Boston Herald neither possessed nor viewed a tape of the Rams’ walkthrough before Super Bowl XXXVI, nor did we speak to anyone who had.”
THEY DIDN’T SPEAK TO ANYONE WHO HAD!
Meaning, drop the Matt Walsh attacks. Sounds to me like the Herald took a rumor and exploited the purported facts to sell newspapers. The next statement of your article sounds ridiculous - like you just can’t let the public bashing of Matt Walsh go away:
In our view, the timing of the story implicitly confirms that former Pats video employee Matt Walsh was the source.
The timing of the story confirms nothing - other than the fact that the Boston Herald doesn’t do much research before publishing “news”.
Time to get off the Matt Walsh bashing nonsense and move into new football news.
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Rating: 3 / 5 with 4 rating(s)
May 14th, 2008 at 7:01 am
I think that it is clear that Walsh has either destroyed or is withholding the tape; per some side agreement with the Patriots. That is the only plausable explanation for this. Anything else does not make sense.
It is a certainty that there will be no lawsuit from the Pats if this is true.
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Rating: 2.3 / 5 with 7 rating(s)
May 14th, 2008 at 7:10 am
The Boston Herald proves once again that it is, has always been and after its demise, shall be known forthwith as a rag that should be used as an appropriate substitute for cleaning ones rectal region in lieu of a generally accepted domestic toilet paper or if one sits on a hole in any third world country.
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Rating: 2.35 / 5 with 3 rating(s)
May 14th, 2008 at 7:11 am
I just was listening to Mike and Mike. Sal P gave a journalism lesson that we in journalism schools in college already know: Don’t run a story based on a single, anonymous source.
Now, this is interesting! It says for the apology that the Boston Herald based its report on “sources that it believed to be credible.”
http://bostonherald.com/sports/football/patriots/view.bg?articleid=1093898&srvc=home&position=0
Now, “sources” is plural. Was there more than one source? And, if not, if there was just one, then it’s like pulling a Kirk Herbstreit. (He said “sources” told him Les Miles would scram for Michigan: It was one, clearly misinformed source). What got me, though, was when Sal said (I think) that Matt Walsh was definitively not the source for the Herald regarding the St. Louis Rams’ walk through.
Sal made very strong statements that contradict what lots have had to say, and he is a trustworthy guy.
If I was wrong there in relaying what Sal said between hearing it and coming up to my laptop to type this, let me know, but I’m pretty sure I’m right.
Any thoughts?
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Rating: 3.65 / 5 with 3 rating(s)
May 14th, 2008 at 7:30 am
I’m amazed at how many conspiracy theory experts there are here. Walsh says there wasn’t a walkthrough tape, the Pats said the same thing - then obviously a tape exists! Cover up!
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Rating: 1 / 5 with 2 rating(s)
May 14th, 2008 at 7:32 am
Or, another source claimed that Matt Walsh had a tape. S/he could have contacted Tomase previously and said “hey, I don’t actually know for sure” but why print a retraction when Walsh hadn’t said anything one way or another? To me, it’s certainly plausible that Walsh was not the source of the Herald article.
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Rating: 5 / 5 with 2 rating(s)
May 14th, 2008 at 7:52 am
I dunno if they could get millions.
1) Its the stupidest thing to do to a local paper
2) They were already admitted cheaters. People knew that. More cheating allegations dont carry that much stigma, as opposed to a scenario when you are accused of cheating, and never did.
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Rating: 2.35 / 5 with 3 rating(s)
May 14th, 2008 at 8:20 am
Anyone that would listen and quote ESPN on this is perplexing. They are an entertainment entity now, NOT a sports reporting entity. They have a clear plan, not unlike WWE, and have become non entities in the forum of credibility. Sal P and his droogies are not even to be considered reasonable or accountable anymore, to anything but their editor/producers/employers agenda.
As far as the Herald, inexcusable,PERIOD.
As many have stated, this is about Comcast, NFL, and Money. AND as far as the Herald is concerned, they screwed up. As far as the Anti Pats comments are concerned, jealousy and antipathy towards an organization that created a Dynasty when everyone was told it was not possible to do so anymore.
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Rating: 3.4 / 5 with 5 rating(s)