Thursday’s decision by a Brazoria County grand jury to not indict Browns quarterback Deshaun Watson on one remaining criminal complaint that fell beyond the jurisdiction of Harris County, Texas has closed the book (for the most part) on any potential criminal cases against him.
After the grand jury’s decision was announced, attorney Rusty Hardin issued a statement supporting his client.
“We are thrilled that the Brazoria County grand jury cleared Deshaun Watson of the one remaining criminal allegation,” Hardin said. “We’ve known all along what people who learn the facts also know -- Deshaun committed no crimes. In fact, two separate grand juries have now found that there wasn’t even probable cause to believe he committed a crime.”
That’s technically accurate, but still just a bit misleading. Grand juries are constrained by the evidence and arguments made, and not made, by the prosecutor. The defendant isn’t represented. The alleged victims aren’t represented, either. The prosecutor can indict a ham sandwich. The prosecutor also can not indict a ham sandwich, or any other lunch offering.
Hardin also addressed the fact that, for most of us, Thursday’s grand-jury proceeding was a surprise.
“Once the Harris County cases were concluded, we were informed that Brazoria County intended to present their case to a grand jury on Wednesday March 23,” Hardin said. “We, and the complainant, were offered the opportunity to provide any information we wanted to the grand jury.
“It’s important to note that both we and the Cleveland Browns knew this grand jury presentation was pending and attempted not to discuss it publicly until it was completed. Now that the criminal investigations and two different grand jury presentations have been completed, I hope the public and the media will take to heart the closing statement from the Brazoria County district attorney’s letter stating: ‘Accordingly, this matter is closed.’”
But, as previously explained, cases can be re-submitted to a grand jury; the process is constrained only by the statute of limitations. Also, the Department of Justice could be secretly investigating the case and/or presenting evidence to a grand jury regarding potential federal crimes arising from his apparent habit of securing massages via social media that at times became consensual sexual encounters.
“It is time to let the civil litigation proceed at a normal pace and for Deshaun Watson to take his place as the quarterback of the future for the Browns,” Hardin said. “I am fully confident that the Cleveland community will discover that Deshaun Watson is not just a great quarterback but also an incredibly decent person they will be proud to have represent their city.”
That would be easier if Watson would settle the cases, sooner than later. He may be in for a rude awakening -- in the form of paid leave -- if he decides to fight the 22 cases and they remain pending when football season rolls around. Tonight or tomorrow morning, I’ll post something outlining the various ways the NFL may handle the situation.
