Houston celebrity lawyer Rusty Hardin has a lot of court victories in his storied career. But the lawyer for Deshaun Watson had a tough weekend as the NFL nears a decision on a suspension for Watson. (Houston Chronicle)
As NFL decision nears, Deshaun Watson and his lawyer suffer lost weekend in court of public opinion
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Editor's note: Tony Grossi is a Cleveland Browns analyst for TheLandOnDemand.com and 850 ESPN Cleveland.
As D-day approaches for Deshaun Watson – that is, a decision by the NFL on whether a suspension is warranted for violations of the league personal conduct policy – it did not appear to be a great weekend for the Browns’ quarterback, his lawyer, and thus, his new team.
In the vernacular of football, Rusty Hardin, Watson's lawyer, committed a costly turnover late in the fourth quarter.
FRIDAY
Perhaps feeling the pressure of losing ground in the court of public opinion, Hardin appeared on SportsRadio 610 in Houston and sought to defend Watson via the airwaves against allegations of sexual misconduct made in 23 civil lawsuits brought by massage therapists.
Hardin has said that consensual sex was involved in three of the lawsuits. Late in the radio interview, Hardin made comments that went viral.
“I don’t know how many men are out there now that have had a massage that perhaps occasionally there was a happy ending,” Hardin said. “Maybe there’s nobody in your listening audience that that ever happened to. I do want to point out, if that has happened, it’s not a crime. Unless you are paying somebody extra or so to give you some kind of sexual activity, it’s not a crime.
“Doing something, or saying something, or being a way that makes you uncomfortable is not a crime. We’ve had two grand juries find that, and nobody seems to want to listen.”
The complaints against Watson center on unwanted sexual advances during massages. The comments by Hardin immediately went viral. By the end of the business day, Hardin issued a statement attempting to squeeze the toothpaste back into the tube.
“On a Houston radio show interview today, I mentioned that a massage that has a ‘happy ending’ is not illegal, meaning it is not illegal for someone to have consensual sex with a therapist after a massage unless the sex is for pay," Hardin said. "Deshaun did not pay anyone for sex. I was using the term hypothetically and not describing Deshaun’s case.
“I have reiterated to others it’s not OK to do anything that a woman does not agree to do. These women have alleged assault in their pleadings. I was speaking in a hypothetical situation. If there is a consensual sexual encounter after a massage, that is not a crime nor the basis for a civil lawsuit. I was not talking about what Deshaun did or did not do or expected or did not expect.”
All of which left Tony Buzbee, the lawyer for the 23 plaintiffs, virtually taking a victory lap.
Buzbee said to John Barr of ESPN.com that Hardin “may have single-handedly lost his client’s case because I’m absolutely going to use that comment because I think it speaks volumes to how he, his team and his client think about the massage industry.”
“If you’re in the massage industry, according to Rusty Hardin, that’s to be expected. And apparently that’s what his client expected. I promise you that’s not what any of these women expected,” Buzbee said.
The day ended with Buzbee telling Cleveland.com that he intends to file a 24th lawsuit against Watson on Monday.
Just like the 23rd suit filed on Tuesday, the 24th may not be unexpected among those involved in these cases from the start, and also league investigators probing Watson for possible personal conduct policy violations.
There were 24 complainants from the beginning, but only 22 filed suits originally. So these final two complaints are not necessarily new.
But two additional lawsuits just add to the pile, possibly prolonging a conclusion to this mess into 2024 and making it more costly for a financial settlement to be reached.
Watson and Hardin both have said they don’t intend to settle but rather will seek to clear Watson’s name and defend all charges in court.
Yet, it was disclosed that on two occasions Hardin had discussed a settlement with the 22 original complainants at the price of $100,000 each. The settlement unraveled when the parties could not agree on the use of non-disclosure agreements to suppress the details of the settlement.
SATURDAY
In the 23rd lawsuit, a footnote disclosed that Watson paid $5,000 to Dionne Louis, the owner of a spa that employed accuser Nia Smith. Smith alleged the spa owner facilitated Watson massage sessions with therapists that resulted in him making advances toward sex.
In an interview with USA Today, Hardin confirmed the $5,000 payment by Watson.
“She asked him to help out her business and he did, and that’s what the $5,000 was [for],” Hardin said. “It didn’t have anything to do with all the ulterior suggestions.”
SUNDAY
Back on the defense, Hardin said in separate media interviews that the NFL concluded its interrogation of Watson in a fourth meeting with him after the 23rd lawsuit was filed last Tuesday. Afterwards, Hardin was not confident Watson would be spared from a league suspension.
“I’m fully prepared and have always assumed that we’re probably going to disagree with the conclusion of the NFL,” Hardin said.
The Browns have expected a suspension of Watson to fall in the four-to-six week range. They signed quarterback Jacoby Brissett a week after trading for Watson to serve as the replacement for Watson during a suspension.
The events of the weekend appear to have weakened the defense of Watson and Hardin in the civil lawsuits. Those won’t be tried until after March of 2023.
The bigger question now as it pertains to the Browns season is if they also will lengthen the NFL suspension given to Watson.
