Pittsburgh Steeler Roethlisberger Won’t Face Criminal Assault Charges

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Posted on 12th April 2010 by Gordon Johnson in Brain Injury

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Pittsburgh Steelers quarterback Ben Roethlisberger, who has suffered numerous concussions on the field and from a serious motorcycle accident, won’t face criminal charges after being accused of sexually assaulting a college student in the bathroom of a bar where he was having his birthday party. http://www.nytimes.com/2010/04/13/sports/football/13roethlisberger.html?ref=sports

During a press conference Monday Fred Bright, the district attorney in Ocmulgee County in Georgia, said that he had received a letter from Roethlisberger’s accuser, and that she did not want to continue to press charges against the football player.

“The sexual allegation against Mr. Roethlisberger cannot be proven beyond a reasonable doubt,” Bright said. “Therefore, there will be no arrest made, nor criminal prosecution of Mr. Roethlisberger for his actions here March 5, 2010.” http://www.cnn.com/2010/CRIME/04/12/roethlisberger.charges/?hpt=T2

But the district attorney outlined the details of what happened the night of the alleged incident in a bar in Milledgeville, Ga., and The New York Time suggests that the tawdry tale could prompt NFL Commissioner Roger Goodell to discipline Roethlisberger, who has lead the Steelers to two Super Bowl Championships.

Goodell is slated to meet with Roethlisberger this week, and he could suspend the quarterback for violating the NFL’s personal-conduct policy, according to The Times.

Steelers President Art Rooney II issued his own statement after Bright’s announcement. http://www.steelers.com/news/article-1/Statement-by-Steelers-President-Art-Rooney-II/32a16d96-fc6c-42e5-a289-d8a3b289866d

“The investigation process in Georgia has been deliberate and the District Attorney’s decision regarding Ben Roethlisberger speaks for itself,” Rooney said.

“During the past few weeks I have met with Ben on a number of occasions, not only to discuss this incident, but also to discuss his commitment to making sure something like this never happens again,” he wrote. “The Pittsburgh Steelers take the conduct of players and staff very seriously. Ben will now have to work hard to earn back the respect and trust of Steelers fans, and to live up to the leadership responsibilities we all expect of him.”

In conclusion, Rooney said, “In the coming days Ben will meet with Commissioner Goodell to discuss his resolve to abide by the league’s personal conduct standards. After consultation with the Commissioner, our organization will determine the next steps in this process.”

As we wrote in a blog in March, Roethlisberger’s recent problems are perhaps being caused by the accumulation of brain damage from the four concussions he has suffered while playing, and the head injuries he sustained in a near-fatal June 2006 motorcycle accident. Brain injury can result in neuro-behavioral problems, changing one’s usual actions.

In the case where Roethlisberger has escaped prosecution, he and his accuser had met at a bar the night of the alleged incident; were drinking heavily; and were engaging in conversations that were of a sexual nature, Bright said at the press conference.

After the alleged incident, the accuser was taken to a hospital, but it could not be definitively determined if she had been sexually assaulted.

“Here, the overall circumstances do not lead to a viable prosecution,” Bright said. “We are not condoning Mr. Roethlisberger’s actions that night. We do not prosecute morals. We prosecute crimes.”

It would be a good move for Goodell to lay down the law to Roethlisberger, who has exhibited some of the control problems that those afflicted with traumatic brain injury have.

After all, the incident in Georgia is not the only sexual-assault charge that has been levied against the player. A woman has filed suit against Roethlisberger, alleging that he raped her in a Lake Tahoe hotel room in 2008.

Roethlisberger, who shunned wearing a helmet while riding his motorcycle, was almost killed in a 2006 accident when he was thrown in an accident with a car and hit his head.

Goodell should consider requiring Roethlisberger to have a full brain injury assessment as part of any compliance he requires.  He is certainly innocent until proven guilty and it is not either our or Goodell’s role to determine that.  But the issue of abnormal neurobehavior should be ruled out before Roethlisberger exposes himself to any more concussions.

 

Football and Brain Damage: The Cautionary Tale of Steelers Quarterback Roethlisberger

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Posted on 25th March 2010 by Gordon Johnson in Brain Injury

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Research now shows that pro football players who sustain concussions on the field often suffer the consequences of those injuries much later in life. There is a high rate of Alzheimer’s disease, for example, among those who retired from the game many years, even decades, ago. Their golden years are anything but golden.

But there should be considerable concern in the case of young Pittsburgh Steelers quarterback Ben Roethlisberger, the damage that his brain has undergone – both on and off the field – is already impacting his actions. He has gone from a promising star to a troubled young man now charged with assaulting a 20-year-old woman during his 28th birthday party March 5 at a Georgia nightclub.

Roethlisberger, the youngest quarterback to bring his team to a Super Bowl champion, is now a tragedy waiting to happen.

To its credit, the National Football League is trying to step in and help Roethlisberger. NFL commissioner Roger Goodell, according to press reports, wants to meet with the champ to discuss his problems. http://sports.espn.go.com/nfl/news/story?id=5018837 Our concerns is that unless the NFL puts this evaluation into the context of Roethlisberger’s many brain injuries, the cause of his problems may not be identified.

For a man who isn’t even 30, Roethlisberger has already suffered head injuries not only on the football field, but off-duty, as the result of a dreadful motorcycle accident.

As part of his NFL career, last season Roethlisberger sustained his fourth concussion during his then-5 _ year pro football career. Ironically in December last year, after getting that last concussion, Roethlisberger boasted in an interview that he was fine. “I feel great. I’m ready to go,” Roethlisberger said. “Practiced yesterday, felt good, no headaches, ready to rock and roll.” http://www.thepittsburghchannel.com/sports/21799204/detail.html

But that isn’t all of it.

Shunning a helmet, in June 2006 Roethlisberger had a motorcycle accident that was a textbook case of why riders should wear protective headgear. He was riding on his 2005 Suzuki Hayabusa, a large bike, when a Chrysler New Yorker struck him. http://www.nytimes.com/2006/06/13/sports/football/13steelers.html?_r=2&scp=5&sq=ben%20roethlisberger%20motorcycle&st=cse

Roethlisberger was thrown into the Chrysler’s windshield, and then fell and hit the ground head first, according to a report in the Pittsburgh Post-Gazette.

The quarterback had a 9-inch cut on the back of his head. He broke his jaw. He broke his nose. He chipped some teeth.

At the time Dr. Daniel Pituch, the chief of the division of oral and maxillofacial surgery at Mercy Hospital, told reporters that after facial surgery Roethlisberger was in serious but stable condition. “His brain, spine, chest and abdomen appear to be without serious injury, and there are no other confirmed injuries at this time,” Pituch said.

Roethlisberger reportedly landed head first, yet didn’t have any “serious” brain injury, according to his doctor.  Looking back, it may have been more serious than at first thought, or at a minimum made him far more vulnerable to problems from subsequent concussions.

“Witnesses said in various reports that Roethlisberger’s head was bleeding heavily and they described him as being conscious but disoriented.” Washington Post http://www.washingtonpost.com/wp-dyn/content/article/2006/06/12/AR2006061200660.html

A better eye witness report was in the Pittsburg Gazette: http://www.post-gazette.com/pg/06164/697828-66.stm

Among them was Sandra Ford, a Homewood writer and artist, who had just finished teaching a writing class at the Allegheny County Jail and was waiting for a bus on the Armstrong Tunnels side of Second Avenue. Attracted by the loud exhaust, she noticed a motorcycle approaching from her right ridden by a rugged-looking white man with curly hair.

“He was sailing, like he was enjoying the ride. He was going at a good clip but wasn’t going overly fast,” Ms. Ford said.

She said as he passed her, she noticed a car turning left in front of him. She said she expected the motorcycle to slow down or even have to slam on the brakes but was blocked from further view by cars traveling inbound. And then she heard a “crunching sound” and saw the motorcyclist fly over the car.

“He was a like a doll someone threw up into the air,” Ms. Ford said. “I ran to the scene and he was lying on his back and wasn’t moving. I thought he was dead.”

She thought he was dead because he was unconscious.

Another news account from Pittsburg Channel 4:  http://www.thepittsburghchannel.com/news/9356067/detail.html

The witness said she saw the accident and went over to help but did not recognize Roethlisberger. When she asked him what his name was, she said he replied, “Ben.”

The woman added that Roethlisberger asked her a series of questions, including where he was and what state he was in. He attempted to stand up but the woman said she encouraged him not to move until paramedics arrived.

The most serious injury he suffered in this accident may not have the broken bones, but a brain injury.  One of his doctors described it as a “mild concussion.”  A mild concussion does not involve either a loss of consciousness or amnesia.  There is not a single brain injury professional I know who would not call this a brain injury, even if they were hired by an insurance company.  The above statements describe not only disorientation, but probably also amnesia.  Not knowing what state he was in is evidence of retrograde amnesia, lack of memory of the events of the day before the accident.  Motor vehicle wrecks involve significantly more potential for injury than being hit by a defensive lineman.  His head hit the windshield of another car.  We have seatbelts in our cars because of the danger of that type of contact, even when sitting inside a confined space.

What isn’t being done is to put this injury  into the context of what is happening now:  The quarterback stands charged with assaulting a female college student at his birthday party. He denies any wrongdoing.  That’s not the only incident where Roethlisberger has been accused of hurting a female. A woman who alleges that the quarterback raped her at a hotel in Lake Tahoe in 2006 is suing him. Roethlisberger denies those allegations.

That bring us back to commissioner Goodell, and his plans to talk to Roethlisberger, presumably about the Atlanta incident.

At the NFL’s meeting in Orlando earlier this month, Goodell said, “We take this issue very seriously. I am concerned that Ben continues to put himself in this position.”

It may be brain damage is contributing to Roethlisberger’s problems.  People think of the brain injury as primarily resulting in cognitive deficits, but with most brain injuries, especially those that do not involve coma, the biggest problems are neuro-behavioral.  All behavior, emotions and thought are found in the brain.  Most of what we think of as maturity is a decade long process of learning social conventions as we go through puberty into adulthood.  Most of those behavior controls are stored in the frontal lobes of the brain, often times the lower frontal lobes, immediately above the eye sockets.  That also  happens to be the area most vulnerable any time the skull is impacted with significant force, regardless of where the exact point of contact is.

We don’t know how serious a brain injury is based just  upon the severity of what happened in the moments around the injury, although with Roethlisberger there is truly serious reasons for concerns: loss of consciousness, confusion and amnesia, broken facial bones.  We learn of the seriousness of a brain injury by how it impacts the person, how it changes the way the brain works.  With anything but the most serious of brain injuries, often those changes are not as obvious as they seem and often they will be more changes in behavior than changes in how someone appears to think.  Sexual inhibitions – the “stop button” – are some of the most easily changed behaviors after a brain injury.

Clearly, Roethlisberger functions on a high cognitive level. As I have said repeatedly on my blogs,  quarterbacking an NFL team is one of the most cognitively challenging tasks there is.

The Steelers, the NFL, Roethlisberger must reexamine the connection between behavior and judgment that are causes of concern and the series of brain injuries Roethlisberger has suffered.  If he were my client, I would want a new round of MRI scans, all done on a 3 Tesla machine, including SWI and Diffusion Tensor Imaging.  I would want a thorough neuropsychological evaluation, but one that took his off the field behaviors into account, as well as the raw scores on his evaluations.

The issue here is not whether Goodell suspends Roethlisberger for a few games for putting himself in the wrong kind of situations.   The issue is whether Roethlisberger’s brain is now so vulnerable that he should not risk subjecting himself to the invariable risk of further concussions that his day job involves.