Lawyers of Ga. Force player to withdraw suit against Pats

Gary was member of Rams team who lost to New England in 2002 Super Bowl


AJC
03/10/08

Lawyers for a former St. Louis Rams player and three fans are withdrawing a lawsuit that accuses the New England Patriots of cheating in the 2002 Super Bowl, according to court papers filed Monday.

The plaintiffs' attorneys say they filed the suit on Feb. 15 in an attempt to secure sworn testimony from former Patriots employee Matt Walsh, who allegedly taped a walkthrough practice by the Rams before New England's Super Bowl win.

But the lawyers for former Rams player Willie Gary call that an "exercise in futility" because they suspect Walsh would exercise his Fifth Amendment right against self-incrimination if he is ordered to submit to a deposition.

On Monday, they asked a federal judge in New Orleans to dismiss the case.

Eric Deters, one of Gary's attorneys, insists the plaintiffs aren't abandoning the case. Deters says they are reserving their right to refile the suit if they learn more about Walsh's alleged role in the "Spygate" episode.

Last season, the NFL fined Patriots coach Bill Belichick $500,000 and docked the Patriots a first-round draft pick after determining the team illegally taped the New York Jets' defensive signals in Week 1. Belichick is a named defendant in the lawsuit.

On Sunday, the NFL announced that lawyers for Walsh and the league are nearing an agreement that would allow Walsh to be interviewed and turn over information to the NFL.

"We're not giving up on the case," Deters said Monday. "We just want to back off and see what he has to say before we make a move."

A lawyer for Walsh told The Associated Press on Sunday that he was hopeful an agreement could be reached that would give his client the "necessary legal protections so (he) can come forward with the truth."

The case was filed in New Orleans because the Louisiana Superdome hosted the 2002 Super Bowl, which the Patriots won, 20-17, on a last-second field goal. Deters expects U.S. District Judge Ivan L. R. Lemelle to automatically sign off on the dismissal.

"This is a pretty standard thing," Deters said. "It happens a lot in litigation."

The lawsuit accused the Patriots of fraud, unfair trade practices and engaging in a "pattern of racketeering." The plaintiffs had wanted the case certified as a class action on behalf of anyone who purchased a Super Bowl ticket or attended the game, all Rams employees on the 2002 team and any owner of a Rams seat license for the 2001-2002 season.

Gary was signed by the Rams as an undrafted rookie free agent in 2001 and released by the team in September 2002. He has played for the Arena League's Georgia Force since 2003. Two fans who attended the 2002 Super Bowl and a Rams seat license owner also were named as plaintiffs in the suit.