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Attorney Defends Ex-Dolphins Trainer

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(Source:CBS4)

(Source:CBS4)

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Miami Dolphins

DAVIE (CBSMiami) – The Miami Dolphins would like to turn their full attention to free agency and football, but the bullying scandal continues to hound the franchise.

Thursday, an attorney for former Miami Dolphins trainer Kevin O’Neill said his client was improperly singled out to appease a “public outcry for action” after the release of the Ted Wells report.

Attorney Jack Scarola issued a statement Thursday saying his firm is prepared to “take every appropriate legal measure to restore Kevin O’Neill’s good name.”

NFL investigators found that Dolphins guard Richie Incognito and two teammates engaged in persistent harassment directed at tackle Jonathan Martin, another offensive lineman and an assistant trainer. Martin left the team at midseason, and Incognito was suspended for the final eight games.

O’Neill, the Dolphins’ trainer for 18 years, expressed hostility toward the investigation and cut short an interview with those conducting it, according to the report by investigating attorney Ted Wells.

Martin told investigators O’Neill and other team employees saw an assistant trainer being humiliated and didn’t intervene. O’Neill allegedly laughed at racial insults directed toward the assistant trainer.

O’Neill was fired without explanation, Scarola said, but the timing left the impression he was held responsible for abusive treatment of Martin.

“The Wells report comes nowhere near supporting the decision of the Dolphins’ management to sack Mr. O’Neill,” Scarola said. “Instead it demonstrates that Kevin O’Neill was improperly singled out to placate an understandable public outcry for action in response to what was publicly portrayed as intolerable workplace bullying. …

“Mr. O’Neill did not give the report investigators the ‘voluntary’ cooperation they and the league wanted. ‘Voluntary’ cooperation that would involve responding to questions regarding the psychological well-being of players under his care was not an option for Mr. O’Neill unless and until proper waivers were obtained from all the individuals whose privacy rights were at stake.”

The report shows O’Neill had no knowledge of the extent to which Martin was harassed, Scarola said.

“If Kevin O’Neill laughed at the ribald locker room humor at Jonathan Martin’s expense, he was not alone,” Scarola said. “Martin himself admitted that his own response to the harsh teasing to which he was subjected was ‘to laugh it off.’ Martin never reported or complained about the harassment to anyone, including Kevin O’Neill.”

O’Neill did not simply laugh off the way Martin was treated, Scarola said.

“In fact, the first thing Mr. O’Neill did, according to Martin himself, was to pull Martin aside to counsel him on how to put an end to unwanted verbal abuse,” Scarola said.

The Dolphins had no immediate response to Scarola’s comments.

The team also fired offensive line coach Jim Turner. He didn’t attempt to stop the harassment and even took part in some of the taunting of offensive lineman Andrew McDonald, the NFL report said.

O’Neill had worked in the NFL for 25 years. He and his Miami staff won national awards, including one last year from the National Athletic Trainers’ Association.

(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved.This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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