Friday, February 21, 2014

With release of Wells' report, the truth about the Jonathan Martin case can't stay "Incognito"



The 2013 NFL season is over, but that doesn't mean there is no news to report. I have commented a few times on the Jonathan Martin/Richie Incognito case, in which the latter was accused of systematic abusive language and behavior against the former while they both played for the Miami Dolphins, eventually causing Martin to leave the team. Incognito was suspended by the Dolphins while the NFL conducted an investigation into the affair. While some decried the “need” for the juvenile level of abuse bestowed on younger players by veterans, most NFL commentators sympathized with Incognito, suggesting that Martin had a thin skin and perhaps had maturity issues. Some former players even suggested that Martin was a “snitch” who should have kept the issue “in-house.” 

My own feeling is that the behavior of Incognito—an apparent problem since at least his high school playing days—was reflective of emotional and behavioral immaturity that could be seen as abusive by certain individuals. The Wells’ report gives one the suggestion that an important reason why Martin (who is black) was targeted for excessive abuse by Incognito (who is white) and at least two other offensive line teammates (Mike Pouncey and John Jerry, both black) was not actually because he was a rookie and then a second-year player, but because he did “sissy” things, like read books. One suspects that because in conjunction with Martin’s Stanford education, a few of his teammates likely believed he was trying to put himself on another social “level,” and he needed to be taken down a peg or two and “be like them.”

According to the report, "being like them" meant engaging in coarse and disgusting language, which Martin told his mother and others felt demeaning and uncomfortable. Since his suspension, Incognito has been claiming that he was “friends” with Martin, and that all of his charges are a smear; for his part, Martin claims that the only reason he tried to befriend Incognito—or pretended to—was to stop the persistent harassment; try as he might, it didn’t stop. It also appears that at least one other player and an assistant trainer who is Japanese were also the targets of abusive language, and it was charged that offensive line coach Jim Turner and trainer Kevin O’Neill knew of and even encouraged the abuse; Turner even gave the second player a male "doll" to "play" with. Both have been fired in the wake of the report.

Martin was referred to as the shortened name “Jmart,” but also  “Big Weirdo” because he was “quiet” and seemed to prefer “intellectual” pastimes that Incognito and others found “offensive” and Martin needed to be “broken” from these habits. Here are some excerpts from the Wells’ report that have not appeared in the newscasts; that there is language that is graphic and offensive shouldn't surprise:

When we interviewed him, Martin said he was most offended by persistent vulgar references to members of his family, with whom he is close. According to Martin, these were not harmless one-off “yo mama” jokes, but cutting comments delivered with the intention to demean. The evidence supports a finding that Incognito, Jerry and Pouncey repeatedly and persistently made graphic, sexually explicit comments about Martin’s sister, a medical student whom they had never met. Four fairly typical examples of the types of insults made orally, according to Martin, are: 

We are going to run train on your sister. She loves me. I’m going to fuck her without a condom and cum in her cunt.
Hey, Jmart’s sister is in town. Get the plastic sheets ready, she’s a squirter.
I’m going to bang the shit out of her and spit on her and treat her like shit.
Hear your sister has a wolf-puss. A fat, hairy pussy. 

(In his second season with the Dolphins, Martin received this “message” as a “greeting” from Incognito) Hey, wassup, you half-nigger piece of shit. I saw you on Twitter, you been training 10 weeks. I’ll shit in your fuckin’ mouth. I’m gonna slap your fuckin’ mouth, I’m gonna slap your real mother across the face [laughter]. Fuck you, you’re still a rookie. I’ll kill you. 

Martin was appalled by this message. He said that Incognito had never before called him a “nigger.” And although Martin did not regard statements such as “I’ll kill you” as literal threats, the voicemail further distressed him because he feared that it signaled that the abuse he had endured during his rookie season would continue during his second season. According to Martin, a few weeks later, prior to a dinner at a Fort Lauderdale restaurant, Incognito addressed him in a text message as “shine box,” which Martin felt was a derogatory term, and he responded with a message complaining about Incognito’s “racist shit.” At the dinner, Martin claimed, Incognito made additional offensive racial comments to him (although he said he laughed them off at the time). The comments, Martin said, included jokes about slavery, and he claimed that Incognito called him a “nigger” to his face at the restaurant. Incognito also insulted Martin in person and in text messages with other racially charged language, including referring to Martin as a “liberal mulatto bitch,” “stinky Pakistani,” “shine box” and “darkness.”

In the 2013 season, Incognito began openly, at various times, to refer to Martin in the locker room and on the practice field as “my bitch” or the “O-line’s bitch.” Martin was insulted to be called another player’s bitch, and he believed that Incognito was invoking terminology commonly used in prisons to refer to an inmate who is under the control and protection of a dominant inmate. In one instance, Martin claimed Incognito came to his defense in a fight with a defensive lineman in a scrimmage, but then immediately following the altercation began to say to Martin in a demeaning tone, both on the field and in the locker room, in the presence of other teammates, “you’re my bitch.” 

The “you’re my bitch” comments added to name-calling that had begun in 2012, Martin’s rookie season, when Incognito, Jerry and Pouncey began regularly calling Martin a “cunt,” a “bitch,” a “pussy” and a “faggot.” Martin was not surprised to hear these words used by football players, but believed they were frequently hurled at him with demeaning intent. The evidence shows that these words—at least at times—were spoken to Martin in a cutting tone or with the intent to humiliate him. According to Martin, these types of taunts were a routine part of his life with the Dolphins. 

For the most part, Incognito does not dispute saying or writing any of the statements that Martin claimed offended him. Further, Incognito admitted that at times the very purpose of the verbal taunts was to “get under the skin” of another person. From Incognito’s perspective, however, the statements in question were an accepted part of the everyday camaraderie of the Dolphins tight-knit offensive line. Incognito told us that Martin (and other offensive linemen) all recognized, accepted and, indeed, actively participated in “go-for-the-jugular” teasing, and that vulgarity and graphic sexual comments were not only a staple of their locker-room culture but also helped them bond. In contrast, Jerry downplayed his role in making vulgar comments about Martin’s family, and Pouncey denied making or hearing any such remarks. We do not find Jerry and Pouncey credible on these points, largely because both Martin and Incognito, plus other witnesses, agree that these words were in fact said to Martin.

Ultimately, there is little question that Incognito, Jerry and Pouncey persistently made insulting and derogatory comments about Martin and his family members. Nor is there any dispute that Incognito called Martin a “nigger,” his “bitch” or a “stinky Pakistani.” As set forth in the next finding, the evidence shows that Martin was humiliated by these insults and was not a willing participant in the verbal taunting. 

On April 22, 2013, Martin wrote to his mother:
I figured out a major source of my anxiety. I’m a push over, a people pleaser. I avoid confrontation whenever I can, I always want everyone to like me. I let people talk about me, say anything to my face, and I just take it, laugh it off, even when I know they are intentionally trying to disrespect me. I mostly blame the soft schools I went to, which fostered within me a feeling that I’m a huge pussy, as I never got into fights. I used to get verbally bullied every day in middle school and high school, by kids that are half my size. I would never fight back, just get sad & feel like no one wanted to be my friend, when in fact I was just being socially awkward. Most people in that situation are witty & quick with sarcastic replies, I never have been. I’m awkward around people a lot of the time because I simply don’t know how to act around them . . . 

We found that the Assistant Trainer, who was born in Japan, was the target of frequent and persistent harassment, including insults relating to his race and national origin. Incognito, Jerry and Pouncey admitted that they directed racially derogatory words toward him, including “Jap” and “Chinaman.” At times, according to Martin, they referred to the Assistant Trainer as a “dirty communist” or a “North Korean,” made demands such as “give me some water you fucking chink,” spoke to him in a phony, mocking Asian accent, including asking for “rubby rubby sucky sucky,” and called his mother a “rub and tug masseuse.” Martin and others informed us that Incognito and Jerry taunted the Assistant Trainer with jokes about having sex with his girlfriend. Incognito admitted that these types of comments were made to the Assistant Trainer. 

On December 7, 2012, the anniversary of the Japanese attack on Pearl Harbor, Incognito, Jerry and Pouncey donned traditional Japanese headbands that featured a rising sun emblem (which the Assistant Trainer had given them) and jokingly threatened to harm the Assistant Trainer physically in retaliation for the Pearl Harbor attack. According to Martin, the Assistant Trainer confided in him that he was upset about the Pearl Harbor comments, finding them derogatory toward his heritage. 

Martin and another player we interviewed both believed that the Assistant Trainer awkwardly laughed along with some of the racial insults, even though he was in fact offended. And both players seemed offended by the flagrant racial harassment of the Assistant Trainer. In a text message sent on November 4, 2013, Martin told a friend: “I always felt so bad for [the Assistant Trainer] . . . it was really racist.” Martin claims that a number of Dolphins employees saw how the Assistant Trainer was humiliated but did not intervene, including his supervisor, head trainer Kevin O’Neill, who allegedly even laughed at some of the racial insults. As far as we know, none of the players, including Martin, confronted Incognito, Jerry or Pouncey about the racist comments directed at the Assistant Trainer or demanded that they cease. 

When interviewed about these matters, the Assistant Trainer initially pleaded that he not be required to answer certain questions, implying that he could not be forthright because he was concerned about losing the trust of the players. The Assistant Trainer further claimed that Incognito was his friend and asserted that Incognito had never offended him. He told us that he could not recall if Incognito had called him a “Chinaman” or a “Jap,” and refused to answer the question whether Incognito had said anything about his girlfriend, saying that the inquiry made him “very uncomfortable.” 

We did not find the Assistant Trainer’s denials believable. Notably, hours after Martin left the team on October 28, the Assistant Trainer sent him a text message indicating that he had indeed been personally offended by the insults directed at him by Incognito, Jerry and Pouncey: “Hey JM I understand how [y]ou feel man… They are relentless sometime…. Some day I wanna do exactly what you did today.” (emphasis added and ellipses in original). The ceaseless racial ridicule directed at the Assistant Trainer was appalling and plainly over the line in any workplace.

But the issue of whether Incognito’s ultimate motivation for his persistent harassment of Martin was in part racial animus is complicated by the fact that John Jerry (who is black) and Mike Pouncey (who is bi-racial) often joined Incognito in the abusive behavior. Presumably, they would not have followed Incognito’s lead if they thought he had selected Martin for abuse out of racial animus. It also is significant that Incognito, Jerry and Pouncey subjected a number of other linemen to harsh treatment. Most are black, but at least one is white (Nate Garner). Indeed, many players thought Garner was treated the worst. This suggests that Incognito, Jerry and Pouncey were equal-opportunity harassers. Further complicating this issue are reports (from both Incognito and Martin) that Jerry and Pouncey on occasion accused Martin of not acting “black enough”—statements that seem to reflect a problematic attitude toward racial identity and socio-economic differences and that reinforce crude racial stereotypes (although they do not seem to demonstrate racial animus). 

Finally, when considering racial animus, certain of Incognito’s text messages that do not relate directly to Martin are relevant to assessing his racial attitudes. Specifically, on December 13, 2012, Incognito and a former Dolphins offensive lineman, who is white, communicated about purchasing guns, apparently for recreational purposes. (We identify this former Dolphin as Player B.) The discussion veered into jokes about shooting black people: 

Player B: Fuck yea! That what I’m doin my .338 in. Badass
Incognito: That’s gonna be sick
Player B: Especially if u plan living in Arizona in the future, that’s exactly what you want
Incognito: Yea. For picking off zombies 32
Player B: Lol isn’t that why we own any weapons!?
Incognito: That and black people
Player B: Mmm def all black ppl
Four days later, Incognito and Player B discussed rifle scopes in text messages.
Player B: Yes. That’s a solid optic made specifically for a .308 battle rifle
Incognito: Perfect for shooting black people
Player B: Lol exactly
Player B: Or Jeff Ireland 

We accept that these messages are nothing more than thoughtless banter, with no underlying malicious intent. But such jokes are nonetheless reprehensible and arguably reflect deep-seated racial hostility.
In sum, while there is no question that Incognito made offensive racial comments to Martin and others, and displayed a troubling insensitivity to racial issues in general, the evidence is sufficiently muddled and conflicting that we decline to make a finding on whether Incognito’s conduct toward Martin, considered in full, was necessarily motivated by racial animus. 


Incognito told us that he and other offensive linemen routinely speculated, albeit in jest, about which of their teammates would “break first” in response to taunting, and notations in the fine book substantiate this. One lineman, Nate Garner, was subjected to so much derision that a joke developed that Garner, who owned several guns, might “break” by coming to the Dolphins facility and shooting everyone. On September 30, 2013, for example, Incognito wrote a text message to a former teammate in which he stated: “Nate is on the verge of killing us all.” When asked to elaborate, Incognito explained: “Since we cut [another player] we have been non stop on nate. Even turner is in on it. He looks like he’s about to cry 24/7.”
  

Martin traced the onset of what he considered to be verbal harassment to around the first game of the 2012 season, when, according to Martin, John Jerry began to call him a “bitch” repeatedly, in what Martin said was a disrespectful and demeaning tone. Martin reported that at one point, Jerry dared him to “say something back,” and soon after he did not, the insults escalated, with Incognito, Jerry and Pouncey routinely calling him a “bitch” as well as a “faggot,” a “cunt” and a “pussy.” Martin said that, in keeping with his reserved nature, he generally was reluctant to respond aggressively to the name-calling, and he believes that his failure to respond encouraged his teammates to intensify their verbal attacks. 
Martin acknowledged that profanity is often thrown around casually by college and professional football players. He said he was not surprised or bothered to hear vulgar words directed at him from time to time. In his view, however, Incognito, Jerry and Pouncey repeatedly and frequently hurled profanity at him, and not in a joking manner, but in a demeaning tone, a view the evidence supports.

At some point early in the 2012 season, in September or October, Martin mentioned his sister in a conversation with other offensive linemen. Martin’s sister is a medical student; none of the linemen has met her in person.
According to Martin, after learning that he had a sister, Incognito, Jerry and Pouncey started making repeated graphic sexual remarks about her. Typical insults, Martin reported, were along the lines of the following statements:
We are going to run train on your sister. She loves me. I’m going to fuck her without a condom and cum in her cunt.
Hey, Jmart’s sister is in town. Get the plastic sheets ready, she’s a squirter.
I’m going to bang the shit out of her and spit on her and treat her like shit.
Hear your sister has a wolf-puss. A fat, hairy pussy. 


Martin informed us that his initial reaction to these insults was to object, saying things like, “stop it – that’s disgusting,” or “that’s gross,” but that these tepid responses merely emboldened Incognito, Jerry and Pouncey. On occasion, by Martin’s account, he responded by saying, “fuck you,” to which a teammate might respond, “I’m still going to fuck your sister.” Once, upon hearing vulgar comments about his sister while waiting for an offensive unit meeting to begin, he says that he threatened “to start swinging in 30 seconds” if the comments did not stop, but his threat was not taken seriously, and the comments stopped only because coaches arrived and the meeting began. Incognito, Jerry and Pouncey said they did not recall hearing Martin issue this challenge, but another player recalled that on several occasions Martin told them to stop and threatened to start swinging.


 
Martin also recalled that the comments about his sister were sometimes accompanied by obscene physical gestures. For example, he claimed that on the practice field, Incognito, Jerry and Pouncey would call his sister a “squirter” and then squirt water onto the field from their water bottles, and that while engaged in certain warm-up stretching exercises, they would simulate having sex with his sister. Incognito confirmed these allegations. 


Although the vulgar comments about Martin’s sister were most often made orally, a few appear in text messages we reviewed. For example, on September 14, 2013, the following text message exchange took place among members of the offensive line: 

Incognito: J mart. Ur such a fucking nerd. THAT’S A FINE

Pouncey: He’s salty about his fines!

Incognito: I would be too if I smelled like a camels dick

Pouncey: Lol

Jerry: Bap Bap

Martin: You know what a camel dick smells like?

Pouncey: Lol sensitivity fine!
Incognito: No Ur mother told me in vivid detail tho
Pouncey: Lmao!
Clabo: Mom jokes!
Incognito: Bap bap
Jerry: Chill Bro Chill!!!!!!
Incognito: I flew jmarts sister into Indy. My dick is dry and needs some of her healing squirt juices
Jerry: Wow I want in 

Pouncey: I will pay

Martin: Ohh SICK BURN you guys are so original. . . Not

Clabo: I just wanna watch

[photo omitted]

Pouncey: Lol we are going to fuck u up

[photo omitted]

Incognito: Caught red handed

Pouncey: Clabo you’re a perv

[photo omitted]
Incognito: Clabo can watch We need someone to videotape
  
Martin said that he had hoped that his teammates would stop insulting him during his second year, as he was no longer a rookie. But, as the 2013 season began, he contends, the vulgar and demeaning comments showed no sign of letting up, and in fact got worse in three respects.

Martin related that one day when he showed up to practice one day without showering, Incognito began calling him a “smelly,” “dirty” or “stinky” “Pakistani.” Martin said that Incognito’s teasing about body odor continued, even when he was wearing heavy deodorant, and that it bothered him significantly, particularly because it had a racial element.

Incognito interpreted the incident on the practice field in precisely the opposite way, citing it as an example of how he cared and looked out for Martin. Incognito did not deny calling Martin his “bitch” or a “stinky Pakistani,” but claimed, about such language generally, that this was good-natured fun that Martin understood and accepted as such.


After Martin left the team,


Incognito exchanged the following text messages with Pouncey:

Incognito: Fuck Jmart That faggot is never [allowed] back

Pouncey: Bro I said the same thing I can’t even look at him the same he’s a pussy

Incognito: My agent just asked if we held mandatory strip club meetings Jmart is fucking ratting on everyone

Pouncey: Lol wow are you serious he is a fuck boy

Pouncey: He’s not welcome back bro I can’t be around that fucking guy
Incognito: Fuck that guy if Ur not with [u]s Ur against us
Pouncey: No question bro he’s a coward for snitching
Incognito: Snitches get stitches Blood in blood out Fucking guy
Pouncey: He’s dead to me
  

Over the next couple of days, Incognito sent the following text messages to Martin:
Incognito: I need you buddy I’m getting killed in the media.
Incognito: Bro can we talk? The dolphins are talking about releasing me
Martin did not respond to these text messages, and we understand that he has not had any further communication with Incognito.

It would appear that the verbiage and actions of Incognito were inspired not by an effort "toughen-up" Martin, but from a deep well of self-consciousness and his own insecurity. His past was that of a personality that could not control asocial impulses (he was once voted the "dirtiest" player in the NFL), and such incidents dated back to his high school and college days--so much so that he was expelled from the University of Nebraska, and lasted all of one week at the University of Oregon before he was kicked off the Ducks' roster. Martin was as different as could be: He is a Stanford grad who studied classical history, and many members of his family are graduates of Harvard. It is clear that the language used by Incognito (as well as Jerry and Pouncey, who obviously identified with his point of view) was purposely meant to demean Martin and bring him down to his "level." It is not surprising that Martin--who was "quiet" and "introspective," was the type who would take this as a personal affront.

I was reading Jerry Kramer's diary on the Green Bay Packers' 1967 season, Instant Replay, and Kramer noted that Vince Lombardi--himself conscious of his Italian heritage and short, stout stature--would never tolerate any such personally offensive and demeaning behavior, even to rookies. That is something that Miami coach Joe Philbin--who allowed all of this to happen despite his pleading of ignorance--never learned during his stay in Green Bay.

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