Well … now it turns out Donte Stallworth was drinking with Braylon Edwards the night of the accident that left Mario Reyes dead. Edwards spent a lot of money, Stallworth had a few shots, then went home for a couple hours before getting up and leaving for breakfast. The story from The Associated Press is here, and it gives some more details of that terrible night.

Attorney David Cornwell released this statement about Donte Stallworth:

"Evidence leaked or released over the coming days and weeks will reflect exculpatory statements and acts by Donte', the presence of marijuana in his blood, and it will highlight the critical issue of causation.  Miami law enforcement personnel, the prosecution, the defense, and the Court were fully aware of all of the evidence when the plea agreement was reached.  We will continue to address these matters candidly and privately with the NFL.

"The NFL's substance abuse policy addresses the specific discipline that may be imposed for use of illegal substances.  We are confident that Commissioner Goodell will respect existing League polices and consider all of the evidence when making his disciplinary assessment."

I keep hearing that there is strong evidence Stallworth could have been acquitted of DUI murder becuase the individual killed did, as Stallworth said, walk right in front of his car. Stallworth saw him coming on the side of the road and flashed his lights, but the individual still stepped into the road. A video shows that, so I'm told.

But that doesn't change the fact Stallworth was legally drunk, and, by the admisison of his attorney, tested positive for marijuana. I don't think we'll see him in the NFL this season.

The Donte Stallworth plea deal that sent him to jail for 30 days outraged MADD (Mothers Against Drunk Driving). Outraged it so much it turned down a $2,500 donation that was part of the deal. "By accepting, we'd become party to the settlement," MADD CEO Chuck Hurley said.

By now everyone knows that Donte Stallworth has been suspended indefinitely by the NFL for his actions that led to the death of a pedestrian in March. Stallworth agreed to a plea bargain this week that resulted in him spending 30 days in jail. NFL commissioner Roger Goodell was very blunt with Stallworth in his letter to the Browns wide receiver. Here are some excerpts:

"The conduct reflected in your guilty plea resulted in the tragic loss of life and was inexcusable.  While the criminal justice system has determined the legal consequences of this incident, it is my responsibility as NFL Commissioner to determine appropriate league discipline for your actions, which have caused irreparable harm to the victim and his family, your club, your fellow players and the NFL."

"The conduct that led to your conviction plainly violates both the Personal Conduct and Substances of Abuse policies.  Either provides me with full authority to take appropriate disciplinary action against you, including a fine or suspension without pay, and to impose appropriate conditions on your continued participation in the NFL.  In this case, there is ample evidence to warrant significant discipline under both policies."

"There is no reasonable dispute that your continued eligibility for participation at this time would undermine the integrity of and public confidence in our league.  Accordingly, I have decided to suspend you indefinitely, effective immediately.  In due course, we will contact your representatives to schedule a meeting with you, after which I will make a final determination on discipline.  Pending my final determination, you will not be permitted to visit the club's facility or participate in any team activities."

"Everyone associated with the league derives tremendous benefits from participating in our game and from the extraordinary support we receive from the public.  With these benefits comes, among other things, the responsibility to conduct ourselves in a lawful and responsible way, with no entitlement to or expectation of favorable treatment."

Attorney Michael McCann provides an excellent and to-the-point analysis of the situation Donte Stallworth faces following the tragedy in Florida. Among McCann's insights: "Unfortunately for Stallworth, a very recent modification in Florida law works against him. On February 26, 2009, the Supreme Court of Florida approved changes in jury instructions for DUI manslaughter. These changes diminish defendants' chances for escaping a DUI conviction by having otherwise complied with traffic laws. As stated, the revised instructions would only require prosecutors to show that Stallworth's blood alcohol content exceeded 0.08 and that he caused or contributed to Reyes' death as a result of driving the Bentley. As a result, even if Stallworth drove reasonably except for his inebriation, the new wording of the jury instructions suggests that he would still be convicted."

Here are some sad details on the man killed when he was hit by a car driven by Browns receiver Donte Stallworth early Saturday morning in Miami. Terribly sad story.

I'm well aware of what happened with Donte Stallworth, that he hit and killed a pedestrian while driving his Bentley in Miami early Saturday morning. But I'm not going to comment. A man lost his life, and until all the facts are known, I think it's best to respect the man and his family and reserve comment until we learn what happened.

First and 10

1)      I've been thinking and thinking all day about the Browns and I just don't know where to start. Where does one start with this team?

2)      It seems to be a team disintegrating in front of our eyes. The GM sends a completely inappropriate e-mail to a fan. He's taking fans' e-mails while the local media can't get hold of him. He suspended Kellen Winslow and let the coach do the talking for it, then let the coach speak for his e-mail as well. All while talking on the radio on his handpicked show with his handpicked interviewees. He left the coach with a team that lacks a secondary and any kind of quality depth at receiver. He has not spoken to the media at length since he talked about Winslow's unsuspended suspension. For years he's chosen times to speak to the fans and media, and he's done it at irregular intervals. The thinking has been that the coach speaks during the season and the GM in the offseason, which is fine. But when the GM does not talk at critical times, at times of difficulty, it leaves the team looking leaderless, with no firm control at the top.

3)      The GM has had his hits in drafting and trading, like Shaun Rogers and Brady Quinn and Joe Thomas. But when the team loses the ones who aren't playing up to par look worse – Kamerion Wimbley and D'Qwell Jackson and Eric Wright – and the hits don't seem as strong. But like anyone he's had his misses. Melvin Fowler started a bunch of games after being traded for Nat Dorsey, who is no longer a Brown. Jeff Faine went to a Pro Bowl after he was traded. The GM's third-round picks included Charlie Frye and Travis Wilson. Antonio Perkins never played. That's too few hits in the middle rounds, which is where people like Ozzie Newsome build their team.

4)      The coach, meanwhile, confesses he does not know what kind of effort he is going to get from his team. And what kind of team will show up. But the coach is working with a roster he can not alter, and moves are made for him. He didn't get rid of the coaches fired a year ago, nor did he hire the new staff. It's no secret the coaching staff wanted a veteran defensive back and a veteran receiver this year. None arrived. Every single game the voids in the secondary and receiver have shown.

5)      At times, it seems like the coach is a policeman trying to direct traffic at a demolition derby, with cars smashing into each other from all directions. He's respected, liked, and he's doing his best, but it's just a chaotic mess around him.

6)      But the coach's situation is compounded by curious on-field decisions, like pulling a quarterback after three quarters in his third start. I see it this way: The coach knew his job was in real danger. He knew if he was going to make anything of this season he had to beat Houston at home. He didn't see much from Brady Quinn. He figured it was do or die, he had to try something. So he did.

7)      Except that the coach went all week with Quinn working with the starters (according to Jamal Lewis). So that change makes even less sense given that fact. Derek Anderson did not help himself or his coach, but it sure seems like he was thrown into a pretty difficult situation. Then again … it was Houston.

8)      Then there's the play-calling. Cold day. November day. Cleveland day. Run the ball. Pound it at them. Jamal Lewis finally, finally, looks like the Lewis of last season in a third-quarter drive. He finishes with 10 carries. Ten. And he averaged 5.8 yards per carry. Give him the ball 22 times! Give it to Jerome Harrison 14 times. Run the ball. The offensive coordinator did not go from a good coach to a bad coach in a year, but when times are tough it's best to go back to basics.

9)      Last offseason the offensive coordinator was going to interview to be head coach in Baltimore. The night before the interview the Browns paid him gobs of money to stay. I haven't absolutely confirmed it, but I've been told by very reliable sources that his contract calls for him to make $2 million this year, $2.7 million next and $2.9 the following. This is Hall of Fame money, meaning a guy heading to the Hall of Fame gets that kind of pay. Until Dallas retained Jason Garrett, I'm told the Browns offensive coordinator was the highest paid assistant coach in the league. After one season as an NFL coordinator. Rob Chudzinski is a good, bright coach. The Browns were wise to keep him, even if he did struggle last Sunday. But what team operates that way? What team, at the threat of an interview (not a job offer), reacts with that kind of offer? And what does that say to other coaches on the staff? Did they get a raise too?

10)   Where do we finish with this sour, sour year? With the legitimate question: Does the pain of not winning for so long in Cleveland make losses like this and situations like this exponentially worse? Of course it does. But that doesn't meant the Browns have a firm hand on their organization. It's hard to believe any organization would do the things that happen in Cleveland, but they happen. This season the responsibility goes to everyone. There is an inherently good man as the coach, a man who stands for much that is right and who deserves to win. But he's not winning. And he knows what that means. There is a leadership void at the top, with no firm hand on the ship's wheel. There is a GM who laments his job description on the radio one week and e-mails a fan an obscene message another. There are good coaches on the staff, but watching them walk out of the press box Sunday after losing to Houston was like watching guys heading to their funerals. Apparently the GM looked the same way. The coach who spent part of the week talking about the GM's e-mail? He looked bewildered. It was like nobody could believe, in the words of Jack Buck, what they just saw. Making changes now is silly. But there need to be some changes – and if it's not in people it should be in approach. In bringing leadership at the top. Real leadership that doesn't leave the coach to clean up all the messes and does have the man on the top answering questions — and leading.

11)   Cripes, I didn't even get into the players, many of whom have completely and totally let down their team and themselves. Cripes. What a season.

You're an Idiot

Too many possibilities this week. Plus it's a holiday. I'm not going there.

Three and Out

And we're letting them run this week because … well … the fans deserve a place to vent.

Dear Pat,

I don't envy someone having to write about the Browns at this point, but I guess someone has to do it. Is it my imagination, or does the defense just kind of stand around like bumpers on a pinball machine, waiting for someone to bounce off them?

I told a friend of mine I was thinking about going to the next open tryouts; of course, I got a weird look. I said well, look what they're paying Kellen Winslow to drop passes. I could drop at LEAST that many and for a who-o-o-o-le lot less money.

OK, that's the end of my rant. I'll bet you've had some real doozies.

Steve Shonk

Navarre

Dear Steve,

Folks … I must confess. I cut Steve's rant short a bit.

But any rant that includes the word "doozies" demands inclusion.

They must grow ‘em smart in Navarre.

As for me, I have a great job. And truly it is no fun at all writing nasty things. The Browns folks work their you-know-whats off to make it work. They care. They try. For whatever reason it's not working, which is frustrating. But what really gets frustrating is the extra stuff that comes along, the stuff that's not needed or not necessary.

Dear Pat,

As bad as the Browns are, there are teams with worse records – the Lions, 49ers and Bengals. The Jags have the same record with a more stable ownership and a better head coach. Three of their wins are against two decent teams and the Super Bowl champs.

There is hope, Just rebuild the engine. Don't replace the whole car.

KP

Port Saint Lucie, Fla.

Dear KP,

Well there's the half-full view.

Hoist the flag because the Browns are better than the Lions, 49ers and Bengals.

Hoo hoo!

It continues to amaze me that the Browns garner attention from all over the country after these sorry performances. I don't think the fans will ever say ‘enough.'

Dear Pat,

I feel that the biggest difference between last year and this year is the lack of Joe Jurevicius on offense. He was the guy you could count on to keep drives alive. This year, Braylon Edwards either drops it or Kellen Winslow gets an offensive pass interference call. Converting on third down keeps the chains moving and keeps the defense off of the field.

The only Browns offensive player that consistently shows up every play and can be comparable to Joe Jurevicius is Steve Heiden. But he is way under-utilized. He blocks, he catches, he runs the right routes. He just does his job. Play him more.

As far as the management of the team, I think that because this city is so starved for a winner that the Browns organization have dug themselves a financial hole by giving contract extensions to those who haven't been consistent winners. Derek Anderson goes 10-5 as a starter. Boom, new contract. Romeo has a winning season in three years. Boom, contract extension. If I were in charge of the Browns, I would have told these people "Do it again and then we'll talk." D.A. started to falter at the end of last year and that would have been a red flag saying that maybe this guy can't win "big" or "must-win" games. How will he bounce back? If Brady Quinn would have stepped in and won every game the rest of the season, he would have been given a contract extension through 2016.

At the beginning of the season, there was talk of Kellen Winslow wanting to re-structure his contract. What the hell for? He breaks his leg early in his career (not his fault) and then goes out stunt-riding and misses the next season. He did make a number of big plays last year, but this year, he hasn't been as big of a "soldier" or "warrior" on the field as his mouth has been off the field. He is too much of a distraction.

Why hasn't Braylon been benched? Answer: Because they don't have anyone else. Who's going to step up? Steptoe? Stallworth?

Knee-jerk decisions have caused this organization to start over time and time again.

I'm just so frustrated. Paul Brown set up this organization as one of class and yet time and time again, the Browns embarrass themselves on and off the field. It could be worse, I could be a Bengals fan.

Adam Gannon

Dear Adam,

Outstanding letter.

Could not agree more on Jurevicius, Edwards, the receivers, the reactions on contract extensions, etc.

I do wonder, though, if it's worse in Cincinnati.

Dear Pat,

Isn't it funny how the lack of attention, execution and finger pointing all lends itself to the Butch Davis era?  Isn't this exactly the way things were going then? Only after his exit did the locker room and inter-team issues come to light.

I think we have all had a belly full of Kellen, Braylon, Jamal pointing fingers when they are the ones not performing.  I also think the team has long left Romeo behind.

This is not a team but a group of individuals posing as a team.  Real teams come together under adversity; unfortunately for us fans this team is coming apart.

Mike Dezort

Dear Mike,

Unfortunately for you fans, you keep believing that things will change.

They don't.

Dear Pat,

F*&# you.  Go root for Houston.

Love,

Phil Savage

Dear …

OK … It was a joke! And it came courtesy of Tom Crookston, who wins the "Clever E-Mail of the Week Award." Nice touch in a tough week, Tom.

Dear Pat,

How could you leave out Randy Lerner for criticism?  It is his team and his mess and he does nothing, says nothing, knows nothing.  That's where the change has to be.

W. E. Greenfield

Bradenton, FL.

Dear W.E.,

I would respectfully disagree with two of your premises about Lerner. He does not say "nothing" and he does not do "nothing." He says and does a lot, it's just not publicized.

The main thing he does do is let the people he hires do their job. He bends over backward, in fact, not to interfere.

In most cases, this is a strength.

But when the people you hire let you down it becomes a problem.

Much like when the players the coach trusts let him down, the coach looks bad.

Everyone shares responsibility for this season – from Lerner to the players. I think Randy would admit that.

Dear Pat,

Don't you think based on his comments after the game and the number of drops that it's time for the coach or GM to bench Braylon Edwards for a game?

Just another reason to not attend games (season ticket holder) or even waste an afternoon watching on TV.

The dysfunction of this team from the top down just seems to get worse and worse each week!

And … why was Phil Savage replying to any e-mails from fan(s) during the game or anytime. One would think he has more important things to do, no?

John Lubinski

Akron

Dear John,

I've asked about benching Edwards and the answer I got was: Who do you want us to play? Syndric Steptoe? Josh Cribbs (not a polished receiver yet)? Steve Sanders? Those are the choices.

It highlights the lack of depth at receiver.

As for your question about Savage, I wonder the same thing. I really do.

Dear Pat,

Why shouldn't that e-mail from Phil Savage happen?  Why shouldn't he be allowed to be frustrated and upset and respond to meanness. You wrote in the Beacon Journal: "Let's also be honest and say that there's no doubt fans can say some mean and nasty things. Media, too, for that matter."  But we cannot forgive when the person the mean and nasty things are said to gets fed up?  That is wrong.  If it is unforgivable and embarrassing for a GM to do it, it should be just as embarrassing for a fan or the media.

I do not like the double standard that is set here.  It is wrong to make the GM the whipping boy and make him take the abuse.

I like the way Savage handled it.  Both he and the fan apologized to each other.  It was between them that it occurred and should stay there.  The matter should be closed.

If Randy Lerner has a problem with what Savage did, then as his boss he has every right to require Savage to act differently and deal with Savage as an employee.  The media and the fans have no part of this incident.

If you wish to comment on Savage and his position please stick to the things he does do try to improve the team.

Thank you,

Mike Abdoo

Dear Mike,

Interesting thoughts, and a well-written letter.

I just respectfully disagree.

And here's why: Someone has to be the final arbiter of taste and what is appropriate. It happens everywhere. TV, in stadiums, in arenas, everywhere. Teams can call a halt at chanted obscenities. I know if the Indians see a shirt that has something inappropriate – like the word referring to what vacuums do – they will give said fan a free Indians shirt to wear over it. They are deciding what is appropriate.

When a person is in a position of leadership, he has to stand for something. And he has to call a halt. It's not OK for a fan to be belligerent. But it's less OK for the GM to sink to that level.

He sets the standard. For the team and the way it will represent itself in the community.

(Want to be recognized in "Three and Out"? It's a rare treat. Comment here or send an e-mail to pmcmanamon@thebeaconjournal.com, and put "First and 10" in the subject line)

At one point during the Browns oh-so-exciting win over the Bengals, an e-mailer sent a colleague a note in the press box that watching that game was like "watching a cactus grow."

Boy was it.

The Browns did not play well in their win, but they won, and that's what they needed. Boy did they. Because a loss to an 0-and-3 team with its backup quarterback playing would have been catastrophic and, yes, time to ponder what to do with the stadium once the team was disbanded.

There were silly penalties, silly mistakes, silly Putty and silliness in general, but there was a win.

"All games aren't going to be pretty," Braylon Edwards said. "There's not going to be 30 or 40 points scored or DA throws for 400 yards. You fight until the whistle blows and that's what we did."

In Edwards' case, he once fought until after the whistle blew, with a ridiculous block late in a play that drew a penalty. But he fought, catching the go-ahead touchdown and then celebrating it with some air-guitar routine before dancing off the field and into the locker room with both arms raised as if he had caught 18 passes for 371 yards. This illustrates two things: Edwards still doesn't really "get it," and the relief that the Browns felt from just winning was enormous.

"We don't care how it looks, how it gets done, we want to put Ws in the column," Edwards said. "The more Ws we get the better chance we have of being what everybody knows we can be."

In all honesty, we're still not sure what the Browns can be yet. We may think they have a chance at the playoffs, but they have a tough run of Giants on Monday night followed by a road game in Washington followed by a road game in Jacksonville. That's three tough games. But at least the Browns can go into those games off a win. Because even if it's an ugly win, it's at least a win.

Some thoughts -

–Romeo Crennel finally detailed that Donte Stallworth's injury was projected as a 2 1/2 -to-4 week injury, and that Stallworth is returning in that time frame. Too, Eric Steinbach said he never had a separated shoulder, just a shoulder sprain.

–The Browns again put Joshua Cribbs in the backfield. He took a shotgun snap and ran. The Bengals pretty much stuffed the play. One of these times the Browns need to have Cribbs throw, because everyone is expecting Cribbs to throw.

–After Derek Anderson went 4-for-10 for 27 yards in the first half, I'd have made the switch to Brady Quinn to start the second half. Romeo Crennel didn't. And finally his players backed him up by coming through after one of his decisions.

–How best to describe this game? Buffoonery. Lots of buffoonery.

–The Browns exulted at running the ball, but Jamal Lewis gained just 43 yards on 19 carries after gaining 36 on his first six.

–At times I really wonder what ever happened to the quality of NFL football. The play that qualifies as professional really is lacking. I know. The Browns won.

A couple quotes:

Derek Anderson on Romeo Crennel not pulling him: "I'm never going to quit on him. I'm going to put in the work and keep fighting no matter the situation."

Anderson: "It was obviously a frustrating week. To go 0-and-3 in games we had a chance in and the expectations we put on ourselves, it's frustrating. During the week we had a good Wednesday practice. Thursday got better. Friday was good. I thought guys mentally were helping each other in practice. You could tell that the attitude of everybody had changed. Not that it was bad before, but things were starting to come together for us."

Mike Adams on Carson Palmer not playing: "I was looking for two picks and I only got one. I needed Carson Palmer."

Joshua Cribbs: "It almost put tears in my eyes to see us play as a team – a complete team."

Ya know … there's really nothing to add to that.

Item: The Browns had receivers catching footballs with numbers on them.

Evidently the idea is to teach the receivers to focus on the ball. As it approaches they shout out the number. Next week: A lesson on the location of the line of scrimmage.

Item: Gus Frerotte replaces Tarvaris Jackson as Minnesota Vikings quarterback.

I'm thinking that when you are replaced at quarterback by Gus Frerotte you know your career is in big trouble.

Item: The Browns drop to 21^st in Sports Illustrated's weekly power rankings.

Evidently there was a logjam at 22.

Item: In said ranking, Dr. Z points out that Braylon Edwards had "nine balls thrown to him, (and had) one drop (better than the four he had in the opener), [Note: I counted two drops] three catches for 13, 10 and nine yards, 32 total. OK for a spot player off the bench but dismal for the guy who was supposed to be the man, downfield."

This is supposed to be a problem?

Item: Donte Stallworth did not sound confident about playing Sunday in Baltimore.

And people wondered why this guy was on his fourth team in four years?

Item: Syndric Steptoe is starting at receiver for the Browns, and Brandon McDonald and Mike Adams in the secondary with Terry Cousin the nickel back.

In the background, you can kind of hear Romeo Crennel mutter, "And they rip ME for field goals?"

Item: Shin-Soo Choo has 11 home runs and 27 doubles in 86 games and just more than 280 at-bats.

Mr. Choo is impressing a lot of people.

Item: Fans booed when the Twins gave Grady Sizemore an intentional walk Wednesday night.

Fans always boo at two things: Intentional walks and fake pickoff throws. Why is that?

Item: The Indians will be the first visiting team in the new Yankee Stadium.

Think CC Sabathia might be starting with pinstripes that night?

Item: Footballs with numbers on them. For professionals.

There's really no making this stuff up.