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Blazersedge Exclusive: Darius Miles's Agent Speaks (sort of)

As you might have already seen, Dwight Jaynes did, as I hinted that he would last night, clap back at John Canzano first thing this morning. 

(Praise where praise is due: that link in his article to Blazeredge was supposed to point to knickfan's fanpost. Much respect to knickfan.)

Quick rewind: In his article today, Jaynes was responding to claims made by Canzano on his radio show earlier this week that Jaynes's earlier story about the potential illegality of statements made by the Blazers concerning Darius Miles's health was a plant from Darius's agent.

To quote Jaynes:

The column I wrote did NOT come from Miles' agent, Jeffrey Wechsler. There are any number of people who knew I had been snooping around about the story way before I attempted to speak to Wechsler - because I called them and asked them if they'd had any luck getting the guy to talk. They hadn't, and I didn't, either. He has no interest in speaking to the press, it seems. 

Given the veracity of Canzano's radio comments, Canzano's large profile here in Portland, and the history between Mr. Miles and Mr. Canzano, I think, for a lot people, Mr. Canzano's stance, even if not backed up by a source, was quite believable.

This afternoon I was lucky enough to have an extended talk with Mr. Wechsler.  Unfortunately, most of it necessarily stays off the record. I can assure you, should he ever like to write a book about his times as an agent, specifically as Darius's agent, publishing houses will be lining up.  My impression, however, is that route is not in his future.

On to the printable news:  Mr. Wechsler flatly denies any contact with Mr. Jaynes prior to the recent story regarding the potential HIPAA violation.  At that time, Mr. Jaynes, as he noted in his article, did seek comment from Mr. Wechsler.  Mr. Wechsler acknowledged briefly speaking with Mr. Jaynes, but described their conversation as, "My only comment was no comment." Indeed, this "no comment" is what Mr. Jaynes printed in his piece.  From the manner in which he presented these details, I have every reason to take Mr. Wechsler at his word.

Unfortunately, despite my hope that Mr. Wechsler would speak on the record regarding Darius Miles' progress, current activities and feelings about his time in Portland, he firmly demanded that all of those discussions remain off the record. 

However, he did confirm a previous report from Ian Thomsen that Darius, after receiving the news that his knee injury was deemed career-ending, left Portland, went to visit his mother, and then went "immediately to Phoenix, where he worked out twice a day, seven days a week" with Robin Pound, a trainer he has known since his early days here in Portland.  Mr. Wechsler also confirmed Mr. Thomsen's report that Darius is currently working out in Chicago.

Other than that, I received "no comments" to the following (paraphrased) questions...

  • "Do you think Darius will sign a contract this year?"
  • "Which teams are showing the most interest in Darius?"
  • "How exactly does he look physically?"
  • "What is Darius's side to this whole story?  Why is he so quiet?"

It is that last question that I was most hoping for him to answer on the record. 

Previously, I have stated that talking publicly is only to Darius's benefit, as his silence allows Anti-Darius sentiment to be the only voice. 

Thinking this through, I still believe this to be true-- but only in Portland. 

Outside of Portland, choosing to comment on any extracurricular matters might cause harm to Darius's hopes of securing a new contract.  It is often difficult for Darius supporters and/or sympathizers, here in the Portland fishbowl, including myself, to understand that.  Clearly, today's conversation included, Mr. Miles and Mr. Wechsler have chosen silence as their best approach for securing a new deal in the NBA.  At least, it seems, until a new deal is done (if and when). 

Their spot is a tricky one, no question, and I greatly admire their ability to remain so tight-lipped.  If it were me in Darius's sneakers, I know I would have great difficulty keeping my thoughts to myself

One thing has not changed throughout this ordeal: I am still the VP (and sole remaining board member) of the Darius Miles fan club.  I wish Mr. Miles a productive career, I hope that he continues to be given try-outs by NBA teams and I hope he gets a contract. 

Yes, I realize that his signing a contract would make life more difficult and expensive for Mr. Allen.  However, I think it is fundamentally wrong to begrudge Darius the opportunity to continue his career.

As a postscript, Mr. Jaynes's account and Mr. Wechsler's confirmation of his account were also confirmed by another writer actively involved in this story as it developed. 

Another postscript, I sought comment/clarification from Mr. Canzano regarding Mr. Wechsler's and Mr. Jaynes's denials.  His response, in full:

Love your website.
Love it.
Weschler is part of Darius' problem. He's an enabler. Also, he's bitter, and transparent.
I welcome him on the radio show anytime he'd like to come on. 

So, where does that leave us?  Unfortunately, no closer to the answers that Mr. Jaynes was originally seeking.  For that, we will almost assuredly need to wait until Darius is ready to talk.  Even with all this hot air, we aren't any closer to Darius stepping back on an NBA basketball court either. Only Darius, his knee, and, yes, his agent can make that happen.  On both issues, the ball is firmly in Darius's court, as it has so often been in the past.

-- Ben (benjamin.golliver@gmail.com)

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Kudos to you all

Kudos to KnickFan for posting this. I don’t agree with his take that there were ethical problems in the way that the Miles situation was handled by the Front Office…..but he stated his case clearly and thoughtfully.

Kudos to the commenters on the thread as well. Your thoughtful clearly stated responses are what caught Mr Jaynes attention.

And Kudos to you Ben for doing what only you can …..going straight to horse’s mouth (even if he wouldn’t show you his teeth).

Well done!!

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 29, 2008 8:18 PM PDT reply actions   0 recs

Nice report Ben

I echo your feelings regarding miles future career. I really can not stand Canzano. He’s a character assassin of the worst kind. The more he attacks Miles the more I want to defend him. I think the constant attacks by him and others in the Portland sports media are part of the reason the Blazers got such a bad rap nationally during the….days they used the J-word Blazers. I’m sure plenty of teams had similar character and off court issues, but you heard much more about it from us because Canzano and the like wouldn’t stop writing about it.

Also, man, I really wish I could have listened in on all that off the record stuff Weschler talk to you about.

Peace.

by MattyDread on Jul 29, 2008 8:27 PM PDT reply actions   0 recs

Nice report.

.......................... I don’t hate Canzano, but I don’t trust him either. He’s pretty obviously in love with himself.

t

"He shoots....................... he scores!!!"

by timbo on Jul 29, 2008 8:41 PM PDT reply actions   0 recs

Thanks, Ben

Your pursuit of a story is worthy of a paycheck. We know that Dave has a day job that puts food on his table and since you aren’t dining with him you must have one too. Can you put that on the record?

"We, as Blazer fans, are perhaps the luckiest fans in the league."-Idog1976, July 19.

by jorga on Jul 29, 2008 8:45 PM PDT reply actions   0 recs

remember

as reported in a previous thread, dave picked me up at the blogger pound, so while i don’t dine with him, he does kick me some leftovers from time to time…

:)

i’d prefer to pass on that one though…

"You'd rather say 'whoa' than 'giddyup.'" ~ Dean Demopoulos

by Ben. on Jul 29, 2008 8:48 PM PDT up reply actions   0 recs

rooting for darius

this is good shay. as much as i am concerned about Paul Allen’s financial well-being, I’ve always been a Darius fan, and more importantly I can’t in good conscience root for poor health in anyone.

by microrapture on Jul 29, 2008 9:34 PM PDT reply actions   0 recs

If KP said anything he should not have said

I cannot believe it was done with malicious or deceitful intent. I believe he is sincere when he expresses concern about Darius ruining what’s left of his knee. I wish Darius would listen to KP and the doctors. The NBA would not have signed off on removing Darius from the Blazers’ cap if they weren’t convinced he is medically unfit for duty. For his sake, I hope no team picks him up. I know he said he wants his son to see him play, but maybe he should be more worried that his son will see his knee explode.

Asked his specialty in the kitchen, Oden paused and said, "Hamburger Helper and tuna fish."

by MiledAnimal on Jul 29, 2008 9:42 PM PDT reply actions   0 recs

not a darious fan

but do appriciate your stance. would just like to see the guy become a decent person. he has it in him, but by all accounts generally has failed in that regard. ive said it befor that without second chances, i would not be living as confortably. i dont want him to fail, but could care less if he does. i just kinda belive kevy, when he sais the guy is done.

GREAT reporting, great effort!! i love that you can get things done, and think you deserve a raise:)

"Doing research= good
Making up things=bad."

---jksnake99

by ptwnblzr on Jul 29, 2008 9:45 PM PDT reply actions   0 recs

Typical Canzano

Sure, he’ll invite Wechsler on his little show, but not-as Jaynes pointed out his article-Jaynes himself. Most likely because Canzano knows he’d get shredded confronting an actual journalist.

Hackity hack hack.

by grimc on Jul 29, 2008 9:46 PM PDT reply actions   0 recs

Canzano's penchant

for manufactured hysteria doesn’t bother me as much as the fact that he is just a piss-poor writer.

His leaden, cliche-ridden prose is well-nigh unreadable. I can think of at least a dozen regular commentors on the site (not to mention our esteemed hosts, Dave and Ben) whose prose is much tighter than Canzano’s. Quite simply, he’s a bore. For a columnist, that’s the greatest sin of all.

by knickfan on Jul 29, 2008 10:57 PM PDT up reply actions   0 recs

Canzano is to writing

as Thomas Kinkade is to painting.

by grimc on Jul 30, 2008 1:31 AM PDT up reply actions   0 recs

Piss-poor writer? ......prose is well-nigh unreadable?

- AP named Canzano the nation’s no. 2 sports columnist among large circulation newspapers in 2007 and 2008

- Canzano was named national sportswriter of the year in 2004 by The Press Club of Atlantic City

- Twice Canzano won the Oregon Sportswriter of the Year Award

I’m no Canzano fan either, but I’ve always tried not to stray too far from my father’s favorite adage of “give credit where credit is due”.

I remember telling him how impressed I was with a player during summer league. In Avery's unique voice, he replied, "Marc, it's summer league." I

by TwoDeep on Jul 30, 2008 8:26 AM PDT up reply actions   0 recs

Color me unimpressed

If journalism awards were grains of rice, the world would cease to know hunger.

Much more impressive to me is a talent for writing that’s witty, dynamic, with the occasional smart turn of phrase. I have never seen evidence of any of that in any Canzano column I’ve read (admittedly not a large sample size) Instead, I’ve been subjected to a numbing string of cliches; a flair for the conventional.

by knickfan on Jul 30, 2008 9:08 AM PDT up reply actions   1 recs

Canzano seems constantly writing for a national

audition for a position with a major city newspaper or more likely ESPN or SI.

He has repeatedly brought up the alleged Blazer “jailblazer” episodes in later unrelated stories. He brought up Miles alleged transgressions long after the fact. He brings up attending strip club taverns as though no other males in Oregon go to those evil places. He has written columns suggesting (probably) all the coaches of Div 1 Oregon schools be fired at one time or another. I could go on and on about this carpetbagger.

But then you might think I do not like him.

Stu Inman: a soft-spoken, witty and brilliant basketball guy -- who had so much to do with Portland's only championship. He believed that you won with not just great players, but with great people. (D Jaynes 2-2-07 Portland Tribune)

by OrygunRod on Jul 30, 2008 1:17 AM PDT up reply actions   0 recs

Interesting

Quite a few posters dismissed Jaynes’ original article (as well my subsequent fanpost about it) as mere speculation on Dwight’s part; an attempt to gin up controversy to help a flagging newspaper boost circulation.

However, in his second article that Ben linked to above, Jaynes’ dropped this little nugget:

The subject of that [first] column, in fact, was all around the NBA. Lots of people were talking about it, and I felt fortunate to be able to write it before someone else did. Anyone with a moderate number of sources in the league would have known about it.

In other words, the report of possible HIPAA violations, dubious ethics, and potential investigations was something more than the product of Jaynes’ overheated imagination. Rather, it came from conversations he’d had with folks throughout the NBA. Maybe that’s significant; maybe it ain’t. At the very least, it would seem to indicate that others around the Association are not so quick to downplay the possible seriousness of these concerns as many a Blazer fan was.

by knickfan on Jul 29, 2008 10:00 PM PDT reply actions   0 recs

again, as mentioned above,

much respect.

"You'd rather say 'whoa' than 'giddyup.'" ~ Dean Demopoulos

by Ben. on Jul 29, 2008 10:04 PM PDT up reply actions   0 recs

Yeah, Ben

serious props to you as well.

I’m glad to see that your press credentials and “insider” status hasn’t hindered you from putting sensitive topics like this one out for discussion.

You are a major credit to this site.

by knickfan on Jul 29, 2008 10:46 PM PDT up reply actions   0 recs

the "report"?

is that anything like “rumor has it”?

possible HIPAA violations….I like how it’s plural as in more then one. I’d also like to know when was the last time someone not a healthcare provider was charged with violating the act. Can anyone answer that? Has it ever happened?

Dubious ethics?...rumors about whispers and off the record quotes. I do wonder about dubious ethics but it’s not the people Jaynes is focused on. Who exactly is talking the talk here?

potential investigations….again with the plural. Maybe the senate select commitee on NBA GM HIPAA Violations…you know, the USSSCNBAGMHIPAAV committee.

Maybe Dwight Jaynes and people writing about this situation should take time to read the CBA, specifically:

“ARTICLE XXII: MEDICAL TREATMENT OF PLAYERS
AND RELEASE OF MEDICAL INFORMATION

Section 3. Disclosure of Medical or Health Information.

(d) Subject to Section 3(e) above, each Team may make public medical information relating to the players in its employ, provided that such information relates solely to the reasons why any such player has not been or is not rendering services as a player. "

by moldorf on Jul 29, 2008 11:14 PM PDT up reply actions   0 recs

Jaynes addresses this

I’m no lawyer – I don’t even play one in cyberspace. So I don’t know to what extent Article XXII of the CBA – which addresses “players in [a team’s] employ” – applies to a player who is no longer on the Blazer payroll.

At any rate, Jaynes seems to believe that Pritchard’s comments to the press about the deatils of Miles’ injury were a violation of league protocol.

Whether there is a HIPAA violation or not, the NBA could decide to fine the team. Make no mistake, teams are discouraged from discussing player injuries in a public forum, without the player’s permission. Every coach and general manager in the league understands this, and for the last several years, it’s been extremely difficult to get specific information about the medical condition of players.

Again, you may be correct that this all turns out to be much ado about nothing. But Jaynes’ latest report seems to indicate that there are a number of folks around the league who are taking this a little more seriously than you do.

by knickfan on Jul 29, 2008 11:26 PM PDT up reply actions   0 recs

I was thinking about the same sentence

Is a player who is no longer on the active or inactive roster (even deemed retired for medical reasons) but still receives money from his former team considered “in its employ”? Is a player who has been “bought out” and might play for another team in the future still considered your employee? Or is he a “private person” who has different obligations and rights, e.g. can take weight loss drugs or painkillers all day long when he has a prescription, etc. Only a contract lawyer can try to answer that, and this situation even seems new for the NBA and NBA Players Association.

One situation I can remember was Nene this winter, when he was diagnosed with cancer (not disclosed at this time) and had to undergo treatment. That was considered a personal medical issue and not a sports-related injury that would have to be disclosed by his team. And so although he clearly was under contract, the team knew all about it and his illness prevented him from “rendering services as a player” the Nuggets were not allowed to publicize details regarding his condition without his consent, which at first he didn’t give (note how a sports-related injury is openly discussed in the article).

Now Darius injury and consequences of his surgery are certainly sports-related, but his contract status was very different. This seems to be a pretty complicated situation that has not yet been clearly answered, and definitely can’t be answered with cookie-cutter statements.

Odenied: Coach, I promise I wasn't running hard ...

by Norsktroll on Jul 30, 2008 12:06 AM PDT up reply actions   0 recs

Well

If DJ’s original article was just mere speculation, then in my eyes him not substantiating a claim that “lots of people were talking about it” doesn’t really give him any more credit. It really just sounds like a setup to slap JC… “Anyone with a moderate number of sources in the league would have known about it.”

If his original report was legit, then this claim probably is too, but without anything concrete it doesn’t really mean anything.

by shralpster on Jul 30, 2008 12:07 AM PDT up reply actions   0 recs

No matter how often

you call Jaynes’s opinion piece a “report”, it still isn’t.

This is an opinion piece, not a report, and I’ve held a real low ‘opinion’ of Jaynes for a long time. He was a muckraker before Canzano entered high school. When I got the print edition of the Oregoinan I used to read his columns all the time. But I began to notice that he had a loose and casual relationship to facts, especially when they conflicted with his predetermined narrative.

And you also keep saying that Jaynes has talked to a “number or folks” in “nba circles”. How do you know that?...because he said so? Is the “number” actually 2 or 3 “folks” repeating the same rumor they heard from the same source? And is the “source” just retrieveing things form his colon or imagination?.

I’ll point out what I’m talking about. In Jaynes latest column he says this:

“The Blazer general manager was asked if he thought there was a chance that Miles’ injury would be declared "career ending," and he responded that he was "optimistic" that it would. Many people felt that remark was in bad taste – as if rooting for a player’s career to be over. “

Well, that isn’t exactly what happened. KP was NOT asked about miles’s injury in the interview (I heard the interview on a podcast). He was asked if he thought the doctor would rule in the Blazer’s favor. After all, the Blazer’s had gone through the CBA proscribed process with that ruling as the goal. There is nothing unethical or in “bad taste” in that process. KP said he was “optomistic” the ruling would come down in the Blazer’s favor.

That is fundamentally different then how Jaynes characterized that in his column. But it is also fundamentally similar to the low ethical and journalistic standards that Jaynes has employed for years. And in this case, I believe the difference between the exact quote and the way Jaynes characterized it was misleading, and was deliberate. In my view, there is a difference between sloppy journalism and slimy journalism and this was an example of the latter.

It also makes me tend to think that there is plenty else in his 2 columns that is just as false, misleading, and contextually wrong.

There’s some “dubious ethics” operating here, but they aren’t coming from KP…IMO

Now I don’t wish Darius Miles ill. I actually don’t care if he plays or not. The Blazers will be fine either way. I also don’t know if there were actually any ethical or legal violations on the part of the blazers. But I don’t think Jaynes does either nor do the supposed ‘sources’ he’s talking to, real or imaginary. Yet, in order to make his case, he’s employing journalistic ethics at least as low as he’s accusing the Blazers of employing in their realm. Go figure.

by moldorf on Jul 30, 2008 10:27 AM PDT up reply actions   0 recs

sorry...hit enter when I shouldn't have

if you want an example of Jaynes’s journalistic standards, his latest column is a hoot:

http://www.portlandtribune.com/sports/story.php?story_id=121728641118861100

in it he says that HIPAA stands for “Health Insurance Portability and Availability Act “

Apparently, and this was pointed out in the comments under his column, it actually stands for: Health Insurance Portability and Accountability Act

LOL…nothing like establishing his level of credibility right off the bat.

And that comments section is pretty funny. Apparently, a lot of people aren’t fooled by Jaynes at the portland tribune either

by moldorf on Jul 30, 2008 10:41 AM PDT up reply actions   0 recs

At least he doesn’t censor comments like Canzano does.

by remember-robert-pack? on Jul 30, 2008 5:58 PM PDT up reply actions   0 recs

And how do you know

if he even has the authority to censor. Maybe he doesn’t have the power, but would if he could.

In any event, saying he’s not as bad as canzano is not really a positive.

by moldorf on Jul 30, 2008 8:16 PM PDT up reply actions   0 recs

Yes, it is a report:

It’s Jaynes’ report of what people around the league are saying about the situation.

It is not an opinion piece, as you insist. If it were, Jaynes would have qualified it by writing something along the lines of “I think the Blazers may be guilty of a HIPAA violation here.” But he didn’t. Granted, he should have been more clear in his original article that it was based on conversations he had with NBA insiders.

So, yes, it is in fact a report. Now you may well think that “reporting” unsourced conversations by officials around the league falls well outside the bounds of what is newsworthy. Fair enough. It certainly wouldn’t pass the smell test if the article were about, say, politics, business or international affairs. But in the world of sports, a lot of what passes for news is often based on unsourced chatter. Look at the whole Brett Favre situation. Weeks before Favre actually came out and said he wanted to be reinstated, there were countless articles based on the word of “persons close to the Packers” or “friends of the Favre family” that were insinuating as much. Nothing was concrete; it all seemed speculative. In fact, the writers of those stories seemed to be guilty of many of the same sins you now attribute to Jaynes. But, like it or not, it’s been one of the bigger sports stories of the past month or so.

Finally, if you believe Jaynes’ to be unreliable, you should disregard what he claims to have heard. Myself, I don’t know enough about the guy to where I can simply say “Given Jaynes’ track record, I have a hard time believing him when he says that people around the league are talking about this whole Miles thing.” Until someone conclusively demonstrates to me that Jaynes’ accounts shouldn’t be trusted, I’ll take him at his word and base my comments accordingly. But if your rebuttal to my comments is basically “Oh the story has to be BS because it came from Jaynes,” well, we don’t really have much common ground for debate seeing as we’re each basing our arguments on contradictory postulates.

by knickfan on Jul 30, 2008 11:58 AM PDT up reply actions   1 recs

With the same level of documentation

that Jaynes has provided, I am providing you a “report” on Jaynes’s credibility. Read the 2 articles he wrote about this issue and find any quote, comment, or attribution of someone that isn’t anonymous, except for the Multnomah County DA.

The primary focus of his two articles is the “possible” HIPAA violation(s). But here I think is the most salient thing he wrote:

“Was there a federal HIPAA violation? I don’t know, and neither do you. ..... That’s why when we write about it, we merely raise the possibility and let the courts decide if, indeed, they ever do – just as we do in other situations when there is a potential for charges to be filed.”

in other words, he’s throwing something against a wall to see if it will stick.

For chrissakes “other situations when there is a potential for charges to be filed”....WTH?? I’d like him to define ‘potential’ in this case and in order for him to do that he’ll need to demonstrate that someone who is not a direct health care provider has ever been charged under HIPAA. Does he even know if that’s happened???...I’m betting he doesn’t and I’m betting you don’t know at this time either. Would the “potential” indictment of Kevin Pritchard under the HIPAA act be a precedent setting indictment, not just for the NBA, and not just for professional or amateur sports, but nationally as well? Is Kevin Prichard even liable under the HIPAA statute?

Jaynes keeps saying that “lots of people” were talking about it, and that he had “multiple sources”. It would be at least a little credible if he was to cite one single source. Just one. He also said he felt “fortunate to write about this before someone else did”. So far, nobody has written anything about this that hasn’t been based upon Jaynes’s opinion column.

And an opinion column it is, not a report. No named source, no listing of precedents, no comment from the league office, no comment from anyone responsible for enforcing HIPAA laws other then the Multnomah County DA, and that was a generic comment that may or may not have any bearing on the Miles situation.

You say you will “take Jaynes at his word”...basically give him the benefit of the doubt. Well he has implied that Kevin Pritchard not only violated the law, but has bad ethics as well. And he has offered not one shred of actual evidence or attribution to back up the ‘charges’ Then hs has retreated behind the “I’m just talking about potential and possible, that’s my job” crap.

You also say that the standards of “reporting” are lower in sports then in politics (no wonder your defintion of reporting differs from mine). I haven’t paid that much attention, but have Brett Farve or the Packers been accused of breaking laws and bad ethics? I think there’s a difference between “reporting” on some NBA trade rumors and writing that a specific person, in this case Pritchard, may have violated laws and engaged in unethical behaviour. That’s what Jaynes did, and the burden of proof should be higher then what you and Jaynes think it is.

by moldorf on Jul 30, 2008 3:14 PM PDT up reply actions   3 recs

This is right on the money

You nailed it moldorf.

Personally, I can’t imagine anyone in the league talking about a GM getting being charged with a HIPPA violation. These guys are busy, even in the offseason, and their spending their time talking about a far-fetched, low penalty violation that just about any GM in the league would be guilty of violating? Just can’t see it.

by Lance Uppercut on Jul 30, 2008 4:51 PM PDT up reply actions   0 recs

Taking Jaynes at his word

It appears to me, knickfan, that you are more willing to grant credence to Dwight Jaynes than to Kevin Pritchard. Yet, I think KP has shown at least as much evidence that integrity matters to him as Jaynes has.

Don’t get me wrong. I’m not saying KP hasn’t committed some technical violation of an obscure law, one of which he might not have much knowledge, as a non-health care professional. But what I’m bothered about is the general thrust of your comments calling the integrity of KP and/or others in the Blazers organization into question.

I’m willing to give Jaynes the credit to assume that he probably does have sources who have talked about this, until I get some hard evidence that he’s making stuff up out of thin air. I’m also willing to see him called out for not doing his research on this report or opinion piece or whatever you want to call it.

Likewise, I’m willing to give KP the credit to assume that there was never any intent to act unethically or harm Darius, until I get some hard evidence to the contrary. I’m also willing to see KP called to account for violations of HIPAA if that has happened.

People make mistakes, and in a legislation/litigation crazed society, they can end up on the wrong side of some law or other. That doesn’t mean they are unethical or malicious.

Other people don't have as much practice at being wrong as I do -- HT, timbo

by jscot on Jul 31, 2008 12:39 AM PDT up reply actions   0 recs

Well Argued,

and setting aside my admittedly low opinion of Jaynes, it hard to see any ‘certifiable’ facts, one way or the other, in any of this discussion.

But there seems to be an underlying narrative that somehow the Blazers treated Miles badly by going through the CBA mandated process for career-ending injuries.

That brings up something and if i have any of it wrong, I’d appreciate being corrected:

Miles had an insured contract. That means that in order for him to return to playing for portland, he had to be cleared by the team’s doctors to resume playing. As far as I know, the doctors never cleared him to play,. On the contrary, they said he was unfit to play, and would likely never give that clearence, preventing the blazers from reinstating him to the active roster.

So essentially, portland had little choice but to start the process they did. And once the independent doctor confirmred the conclusion of the blazer’s doctors and designated his injury as career-ending, the Blazers had to waive him unde the requirements of the CBA.

Now where is the shabby tratement in that process?

by moldorf on Jul 31, 2008 10:03 AM PDT up reply actions   0 recs

HIPAA is a relatively new law

and I do not know if there have been many cases to define the appications and limits of the law let alone the penalties for its violation.

There are at least 2 issues: 1. was there a violation of HIPAA and 2. what are the consequences?

It is very far from clear that any violation occurred especially with the CBE provisions.

Stu Inman: a soft-spoken, witty and brilliant basketball guy -- who had so much to do with Portland's only championship. He believed that you won with not just great players, but with great people. (D Jaynes 2-2-07 Portland Tribune)

by OrygunRod on Jul 30, 2008 1:08 AM PDT up reply actions   0 recs

Is everyone as happy as I am

that Jaynes and Canzano are both true blue editorially reviewed high standards accountable mainstream media journalists and not low life unregulated bloggers?

It makes me warm just thinking about it.

by raoulduke on Jul 30, 2008 10:32 PM PDT up reply actions   0 recs

Can I be the treasurer?

I still like Darius and think he got the shaft from both Portland and the Blazers – although he did make some extremely ill-advised comments and some bad personal life choices. Hopefully he’ll be able to get his life turned around and perhaps he’ll rediscover his love of basketball and play in the NBA again. Will this be bad for the Blazers? Probably – and it pains me.

If the position of treasurer isn’t open, I can always be Sargeant at Arms.

by DonkeyShins on Jul 29, 2008 10:23 PM PDT reply actions   0 recs

Great job Ben that you got access to his agent, and apparently for a longer conversation than other journalists

Sad that most things were “off the record” or “no comment”, so in effect your exclusive story has dug up no new details or perspectives and just confirms again what was already circulated. Still, thanks for doing your own research and reporting instead of just relying on other sources.

Odenied: Coach, I promise I wasn't running hard ...

by Norsktroll on Jul 29, 2008 11:06 PM PDT reply actions   0 recs

It's nice to see though

that Ben is gaining trust and access to insiders. It may pay off in the long run for us Bedgers.

by jamon51 on Jul 29, 2008 11:15 PM PDT up reply actions   0 recs

Great job Ben

That said, why is Darius the Hilarious a continual issue? Is he still wearing a Blazers uniform? Much ado about nothing. Like the gas, this too will pass.

by coastrider on Jul 29, 2008 11:41 PM PDT reply actions   0 recs

Ben is a G!

Knickfan is a G!

Darius, his agent, Canzano, Dwigt… Fascinating at this point, but not quite Gs. Let’s see what unfolds in the next couple weeks – I’ll bet we get one more official statement from at least one of the four (probably the media men).

Jerryd Bayless has two emotions: Kill and Win.

"I think it’s going to be very beautiful game next year."
-Nicolas Batum

by rockingharder on Jul 30, 2008 12:19 AM PDT reply actions   0 recs

I need to get a copyright going

Leaders build cultures that create self-esteem, generate and sustain trust, elevate the dignity of work , create community and foster open communication, and finally encourage growth and learning.

-Warren Bennis USC Professor

by BlazerFan1 on Jul 30, 2008 12:54 PM PDT up reply actions   0 recs

Man, I'm just not seeing this one.

For the Blazers to get the medical exemption, they had to have doctors say publicly that Miles was injured badly enough not to be able to play.

For the league to give Miles a ten day suspension for drug violations, it had to be made public league wide.

There are no secrets here. This whole story just isn’t making sense to me.

As for a KP’s “optimistic” remark, I would want to see the whole quote in context. But at worst it was just an unfortunate choice of words.

Maybe I’m being naive or just dense, but I ain’t seeing it.

"I love this game!" -Moonbeam, from 'Rollerball' right before he was knocked into a permanent coma

by -ken on Jul 30, 2008 3:24 AM PDT reply actions   1 recs

I am with ken

“Who benefits?” is the question I haven’t been able to answer with any satisfaction when I read the info I have about this issue. If Miles is healthy enough to play, and has been for a year now, how do the Blazers benefit by the path that they have taken?

Surely it would have been easier to trade Miles for another horrible contract after running him out on the court for a few minutes a game for 20 games last season? And even if they did not want to do that, why not just buy him out and waive him?

I know the knee-jerk answer is “cap space.” But standing in between them and that cap space was an independent doctor and the possibility he would sign a contract and play 10 games. The probability of them getting past the doctor and him not playing again is extremely low if in fact Darius is healthy. Why take that risk if you know Darius is healthy?

I am not saying that the Blazers/KP/Vulcan/PA are incapable of being vindictive or spiteful (or even incompetent) in how they dealt with Darius. What I am saying is that it doesn’t make sense for them to choose this particular path to act on their vindictiveness if Darius is in fact capable of playing in the NBA. This path has obviously put them under the microscope. They had to know it would and that their “scheme” would be revealed quickly if Darius was healthy enough to play.

It is hard for me to believe they would risk ruining the good faith they are working so hard to build back up with their fan base by trying to gain $9 million in cap space two years earlier than if they just waited for his contract to expire. The reward does not match the risk in this case.

PTB Liberation Day - 2/10/04

by tssbro on Jul 30, 2008 8:56 AM PDT up reply actions   0 recs

Kudos

I’ve been saying this, but I think you said it better.

Other people don't have as much practice at being wrong as I do -- HT, timbo

by jscot on Jul 31, 2008 12:41 AM PDT up reply actions   0 recs

Ben...

...even though you got no answers, you asked the questions. Sleep well tonight, young man.

PS Your stock just went up in the Doc’s household.

by Dr Dave on Jul 30, 2008 3:53 AM PDT reply actions   0 recs

Were not in kansas anymore toto

mr pritchards style is starting to get himself “pritch slapped” what GM in his right mind is going to deal with the blazers in the future?.. The blazers would only allow darius to work out if the other players were not present!! .. These guys are making millions of dollars and if a disgruntled player can turn you into a disgruntled player you probably shouldnt be in the league anyway..good luck mr miles

if it can be conceived it can be achieved

by lyfefindsaway on Jul 30, 2008 7:11 AM PDT reply actions   0 recs

Well maybe we can get Whitsett back

He wouldn’t care less about chemistry issues at all. I deal with group dynamics every day and can tell you that it doesn’t matter how much money someone makes…..a poor attitude can bring down the group and be counter productive. Good managers acknowledge this and act accordingly

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 30, 2008 8:14 AM PDT up reply actions   0 recs

and were assuming once again

none of us were in the locker room with the team and we dont know what led to the infamous cheeks argument,, every person has a breaking point.. the more we talk bad about darius the more I hope he is successful.. just back east

if it can be conceived it can be achieved

by lyfefindsaway on Jul 30, 2008 12:50 PM PDT up reply actions   0 recs

It's a career ending injury.

The issue isn’t is Darius working out. The issue is that the NBA and PTB doctors called his injury the worst microstress fracture they’d seen, and that if he continued to play and reinjured his knee, he’d very likely have to have the knee replaced. What Darius does is, therefore, not particularly relevant, nor is what his agent says of any great importance. Practice cannot resolve this issue, nor being in shape. He tried out with 4 clubs we know about, and none to date have offered a contract. Further, the entire league knows the full story, and none of the rest have offered a contract either. Darius has chosen to ignore the medical advice he was given. In part, I suspect, because for him, no longer playing basketball is a form of death since it is the core of his identity. He cannot, at this point, see himself in any other world. Most, if not all of the GM’s, in turn, are not going to care how he plays, or what shape he is in. Nor will they care that he offers thems some kind of risk free deal to get a chance to play again. They all have the same medical information, and their own doctors are unlikely to disagree with the conclusions. There is a reason no player has ever come back from such an injury. In part, the NBA does not, to be frank, want them back. And, in part, because no GM want’s Darius on the floor when that knee goes out one last time – and then to have the stigma of having ignored the NBA and their own doctors. As far as his attitude, the practical fact is that it was the knee injury, not the attitude, that caused the NBA to make its ruling. If the only issue was attitude, then the Blazers could have traded him However, there was no one to trade to. Not because of attitude – but because of the injury. KP has simply reacted to the medical advice he was given. He does not, after all, have the ability to convince the NBA and their medical professionals to write a report that the injury does not justify. No doctor would do that. After all, the doctor and the NBA would be left wide-open for law suits if that were the case. So, let’s not make more of this than what it is. They call it a career ending injury – because that’s what it is.

by Eben Calder on Jul 30, 2008 8:20 AM PDT reply actions   0 recs

+1

PTB Liberation Day - 2/10/04

by tssbro on Jul 30, 2008 8:58 AM PDT up reply actions   0 recs

Thanks Ben

I love you. Not just love-love but LOVE-LOVE.

by tominhawaii on Jul 30, 2008 8:57 AM PDT reply actions   1 recs

+1

Leaders build cultures that create self-esteem, generate and sustain trust, elevate the dignity of work , create community and foster open communication, and finally encourage growth and learning.

-Warren Bennis USC Professor

by BlazerFan1 on Jul 30, 2008 9:42 AM PDT up reply actions   0 recs

You and Ann-Margret

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 30, 2008 9:42 AM PDT up reply actions   0 recs

<3

Jerryd Bayless has two emotions: Kill and Win.

"I think it’s going to be very beautiful game next year."
-Nicolas Batum

by rockingharder on Jul 30, 2008 11:58 AM PDT up reply actions   0 recs

HAHA the subject should read I <3 Ben

Leaders build cultures that create self-esteem, generate and sustain trust, elevate the dignity of work , create community and foster open communication, and finally encourage growth and learning.

-Warren Bennis USC Professor

by BlazerFan1 on Jul 30, 2008 12:55 PM PDT up reply actions   0 recs

That's true.

But I heart Ben would translate to “I am less than 3 Bens,” which is undoubtedly true. The crocodile eats the bigger number.

Jerryd Bayless has two emotions: Kill and Win.

"I think it’s going to be very beautiful game next year."
-Nicolas Batum

by rockingharder on Jul 30, 2008 4:05 PM PDT up reply actions   0 recs

Three is less than one but three Bens might be less than one.

If you put three Bens together they might explode…

The Midnight Rambler

by amlmart1 on Jul 30, 2008 9:24 PM PDT up reply actions   0 recs

Isn't that Ann-Margret in the foreground?

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 30, 2008 3:34 PM PDT up reply actions   0 recs

Dude, that's Terry Porter.

Jerryd Bayless has two emotions: Kill and Win.

"I think it’s going to be very beautiful game next year."
-Nicolas Batum

by rockingharder on Jul 30, 2008 4:06 PM PDT up reply actions   0 recs

The fore-foreground then

The red head…...the woman!!

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 30, 2008 4:13 PM PDT up reply actions   0 recs

I want Darius to Play Again

I really hope Darius comes back and scores 50 against the Blazers just so I can see the look on Canzano’s face.

The problem I have with this whole situation is that the Blazers are getting a free pass on the dealings with Darius. Whether or not anything they did anything wrong has yet to be seen but you have to admit some of it looks pretty shady. Problem is when people like Dwight Jaynes question it they get blasted for it.

Canzano has access to the team now, in fact he’s been welcomed with open arms. If he did some investigating and reported something negative about one of the “good guy” Blazers he might lose that access.

by remember-robert-pack? on Jul 30, 2008 9:54 AM PDT reply actions   0 recs

The problem here is

Where is the shady part. I agree that Canzano is a blow hole…but where is the un-ethical part? Where is the so called shady dealings? I am not seeing it.

Homer: "Oh no!! A Bear is eating my father!." (On seeing Selma kissing Grampa)

by 92wastheyear on Jul 30, 2008 10:13 AM PDT up reply actions   0 recs

It is more than access - Canzano works for Allen

I don’t understand how that can jibe with any notion of journalistic ethics.

by hoopla-pdx on Jul 30, 2008 11:48 AM PDT up reply actions   0 recs

That is another problem I have with Canzano but he flat out denies he is an employee of Allen’s. If he’s not then why doesn’t he fully explain his compensation… Maybe I’m wrong about the team being shady with Miles but the guy doesn’t deserve to get ripped to shreds over and over for going to a strip club and trying to play basketball again.

Greg Oden attended a party at the Playboy mansion and nobody cares he’s just a successful young guy! but if it was Darius Canzano would have a new column talking about how Darius has no character is lazy and should be rehabbing instead of going to the Playboy Mansion… It’s complete hypocrisy and either Canzano has a vendetta against Miles or was helping the team get him out of town sooner.

Google: “The Dirty Greg Oden ” to see a picture of Greg at the mansion. Probably NSFW

/takes of tinfoil hat

by remember-robert-pack? on Jul 30, 2008 12:33 PM PDT up reply actions   0 recs

On a related but side note

HIPAA stuff is interesting to me.
My father works as a physician at the same large medical organization from which I receive care.
On more than one occasion, my medical providers have chatted casually to my father about my medical care. The last time it was the radiologist who read my hand x-rays.
It happens that I have very few medical secrets from my father, but they don’t know that.
I know the medical community takes HIPAA seriously, but perhaps not seriously enough.

by Section323 on Jul 30, 2008 10:55 AM PDT reply actions   0 recs

What Shady Stuff?

C’mon guys. Think about it. Does Darius get paid the remainder of his contract? Yes. Can Darius go to Europe and play? Yes. Can Darius play in the NBA? Yes. What’s stopping him? Nothing. If someone wants to give him a shot.

So, what on earth have the Blazers done that is shady? Sure, he’s off the cap space – but they’re still on the hook for the contract. Further, if someone picks him up – they lose the cap space and still pay the contract.

It’s the Blazers that have all the risk. Darius has none. Other than, of course, if he blows his knee out again.

This is a lot of hot air. The Blazers have traded a lot of players they didn’t think fit with their culture. So why not Darius. Because he’s injured, that’s why. No one wanted him. Has it ever occured to any of you that to trade him they had to give the other team medical assurances? And since no team was going to accept the PTB’s doctors, the way the NBA does it is bring in their own. And Darius failed. Thus, the Blazers could not trade him. The only reason they handled it the way they did is because there was nothing else to do. Granted, you could have set him on the bench until his contract expires. Or, I guess you could have encouraged him to play. Now that makes a lot of sense.

I imagine the only way some of you will ever be happy is if KP suits him up, tells him whatever he needs to hear so that he’ll start playing again, and then, when he blows the knee out – replace it. Then, I guess, having proven the doctors diagnosis was right. You’ll finally decide he had a career ending injury after all. Of course then, you’ll decide KP was a real monster about the time Darius has his knee replaced. I can hear it now.

The NBA said it was a career ending injury. Not the Blazers. Do you get it?

by Eben Calder on Jul 30, 2008 11:17 AM PDT reply actions   1 recs

I'm glad you are taking this on this time around.

I didn’t feel like having to raise the same points over again. Last spring I was arguing almost the same points to the conspiracy believers who thought that Portland was somehow screwing Miles over.

by timg56 on Jul 30, 2008 2:38 PM PDT up reply actions   0 recs

What worries me

is that this is getting around the league. Players may hear it and think that they won’t be as protected as they should be by Portland management. Portland will not be the only team with cap space next summer. If a player has to decide between offers coming from a couple teams they may look at the Blazers and think “if I sign with Portland and get a bad injury, they might try to ruin my career.” Portland has the potential to sign someone to a substantial contract. They now have a precedence of having an injury deemed career ending to get under the cap. I’m not saying this is the sentiment around the league, it just got me thinking. Hopefully the upside of the team and the money outweigh any bad media that is spread in the next year.

by schlick on Jul 30, 2008 11:44 AM PDT reply actions   0 recs

thank you

also the fact that kp fleeced the celtics and wolves..has got to make gm’s nervous

if it can be conceived it can be achieved

by lyfefindsaway on Jul 30, 2008 12:48 PM PDT up reply actions   0 recs

I'm envious.

If this is the sort of stuff you find time to worry about, then you must have a fantastic life.

Just what is getting around the league? As Eben points out, what exactly is it the Blazers have done to mistreat Miles or harm him in any way. Just how was Miles not protected? If there is any argument to be made regarding whether or not the organization “protects” its players, the argument seems to be that they show real concern. Arguments to the contrary have to assume that Portland is so focused on gaining extra cap space in 2009 that they are willing to place themselves at risk legally.

by timg56 on Jul 30, 2008 2:44 PM PDT up reply actions   0 recs

And all of this assumes he is healthy and can play...

has that been proven yet?

PTB Liberation Day - 2/10/04

by tssbro on Jul 30, 2008 6:33 PM PDT up reply actions   0 recs

Don't go to Portland

They will sign you to a multi-million dollar contract.

They will get you declared to have a career-ending injury.

They will pay you all the money you agreed to.

They will cut you free to go make all the money you can make from someone else while still getting paid by them.

This is going to scare players away?

Darius has NOT been hurt by the Blazers in this. He is getting his money, and if he can play elsewhere, he’ll get extra. Even if somehow KP is able to blackball him in the NBA, if he’s still got game (and knee) he can wander off to Europe and make big euros for a year or two, then come back, negotiate with any team, and get his revenge.

And Portland was already under the cap. The only question is how far under they will be.

I’m going to make a bold prediction here.
1. Bayless is going to show by the end of this season that he’s our answer at PG.
2. Martell and Travis are going to show that we don’t need a big money SF.
3. We will use part of our cap space to re-sign 1-2 of our three forwards whose contracts are up next summer.
4. We will use part of our cap space to keep Blake and Travis.
5. We will use part of our cap space to acquire a veteran role player.
6. We will not use all of the cap space. We will not need the Darius cap space, and won’t use it. In the final analysis, we will get no substantive benefit from Darius’ medical retirement. We will have had enough cap space to do what we needed to do anyway.

Other people don't have as much practice at being wrong as I do -- HT, timbo

by jscot on Jul 31, 2008 1:00 AM PDT up reply actions   0 recs

Bad Mouth

I think it’s disturbing that a smart guy like Pritchard would open his mouth about this situation. Whether you like Darius or not, it amazes me that people cannot say good-bye and good luck. Barrett and the rest diss him continually and when I’ve tried to get them to discuss the concerns that Henry Abbott expressed in True Hoop, they ignore it. It is pretty classless to build somebody up while they’re a Blazer then do an immediate 180 as soon as they’re gone.

by monsoon on Jul 30, 2008 12:35 PM PDT reply actions   0 recs

KP didn't badmouth him

he said he had an injured knee.

by Section323 on Jul 30, 2008 4:25 PM PDT up reply actions   0 recs

Nothing Shady

Eben is right. The Blazers did not determine Darius’ knee injury as a career ending injury. Perhaps I should place a link for everyone to visit:

NBA and the teams do not want to be repsonsible for putting somebody on the basketball court with all the signs of a career-ending injury to become a possible lifelong injury.

by Dragon_Phoenix on Jul 30, 2008 12:37 PM PDT reply actions   0 recs

Dragon_Phoenix

Thanks for the post. Perhaps the bloggers will grasp the simple reality, which is that the Blazers followed the league – and the player’s association rules pertaining to injured players. Career ending injuries are serious. No one takes it lightly. But basketball players, like those in other professional sports, do suffer such injuries. And there must be a way to fairly make that decision that everyone accepts. The Blazers, after all, have a contract. And, they must honor it. However, if the player cannot play, then they need the right to replace that player with someone who can. As does any team. These procedures have been in place for many years. Darius is only one in a long line of players whose careers ended because of an injury. In the best of all world’s, Darius would have been cleared to play. After all, if he’d had that clearnance, he would’ve had some value to other teams, even if the Blazers did not want to keep him on their’s. But he didn’t get that clearance. And so, they had virtually no options, other, than as you pointed out, to put that player back on the floor and to be responsible for a career ending injury to become a life long injury.

by Eben Calder on Jul 30, 2008 1:48 PM PDT reply actions   0 recs

If it had been Travis with the injury

and the Blazers had said exactly the things they have said about Darius’ injury, no one would say anything.

Other people don't have as much practice at being wrong as I do -- HT, timbo

by jscot on Jul 31, 2008 1:03 AM PDT reply actions   0 recs

As to Darius' silence

it may be that he thinks there’s a legal case. If so, he would be extremely foolish to be talking about this, as you are asking, Ben.

The other reason he may be keeping silent is because it is simply the classy thing to do.

Either way, his silence is earning some respect from me. It doesn’t really help Darius or anyone else for him to be shooting off his mouth about this. If he thinks the team has done him wrong, in the situation the best thing he can do is keep quiet about it.

He obviously still wants to play, enough to even take the risk of the diet pills (though he may not have known they were banned). If he does come back and play (here or in Europe), then is the time to speak. Not sooner.

If you really are president of his fan club, you should be applauding his silence. It’s the wisest thing he can do.

Other people don't have as much practice at being wrong as I do -- HT, timbo

by jscot on Jul 31, 2008 1:08 AM PDT reply actions   0 recs

yes.

“Their spot is a tricky one, no question, and I greatly admire their ability to remain so tight-lipped. If it were me in Darius’s sneakers, I know I would have great difficulty keeping my thoughts to myself.”

I wrote that.

"You'd rather say 'whoa' than 'giddyup.'" ~ Dean Demopoulos

by Ben. on Jul 31, 2008 8:55 AM PDT up reply actions   0 recs

All that is possible

it’s also possible that bad-mouthing your former team isn’t the best way to convince a new team to take a big risk on you. Especially if you’re sitting on a 10-game suspension and coming in with a lot of baggage.

by moldorf on Jul 31, 2008 10:07 AM PDT up reply actions   0 recs

Hmmm....Maybe it's Related

but it looks like Dwight Jaynes got a pink slip:

http://blog.oregonlive.com/blazers/2008/07/report_dwight_jaynes_leaving_t.html

I wonder it it was related to his latest hatchet job that was the genesis of this thread

by moldorf on Jul 31, 2008 5:23 PM PDT reply actions   0 recs

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