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The Honolulu Advertiser
Updated at 9:57 a.m., Thursday, March 27, 2008

NFL: 49ers got caught at wrong place, wrong time

By Mark Purdy
San Jose Mercury News

Here is the fun aspect of analyzing the 49ers' recent trip to the NFL's Law & Order courtroom: It doesn't matter that much.

In fact, if this were a real "Law & Order" episode, it would be a pretty dull and technical one.

The plot, in case you tuned in late: Last season on trade-deadline day, the 49ers pulled some minor backdoor shenanigans while pondering a trade with Chicago for linebacker Lance Briggs. The Bears found out about it. The Bears squawked. So this week, the 49ers were punished by the league, losing their fifth-round pick in next month's draft. The 49ers also must switch third-round positions with Chicago, meaning they drop seven spots in that round.

And that's all. If you are thinking it's not much to get your chin strap all twisted up into knots ... you're right.

Losing a fifth-round selection won't destroy any franchise. If you check the fifth-rounders obtained by the 49ers during the past decade, they might be better off forfeiting the pick, anyway.

Consider: The 49ers' only quasi-impactful fifth-round selections of the past 10 years have been Parys Haralson and Ronald Fields, both part-time starters on defense. To find a true fifth-round sensation you have to go back to 1991, to Merton Hanks.

And that third-round swap with the Bears? Also no big shakes. By that point in the draft, teams usually are targeting specific positions. It's likely the 49ers will get the player they want anyway.

No, the more interesting aspect is why the punishment even occurred. It doesn't have much to do with the 49ers. It has a whole lot to do with NFL Commissioner Roger Goodell, plus the bad timing of entering his courtroom while the New England Patriots/Spygate stuff is still simmering and causing Goodell indigestion.

The situation brings to mind a one-liner Jerry Tarkanian once uttered when he was coaching at UNLV. Tarkanian was obviously no Mr. Pristine in terms of cheating. But he was convinced that the NCAA targeted fringe programs like his for recruiting investigations while ignoring violations at big-time powers.

So when proof surfaced that Kentucky was accused of sending money to a high school player, Tarkanian was asked for his reaction. Tark's quote: "The NCAA is so mad at Kentucky, it's going to give Cleveland State two more years' probation."

Same here. But in this case, the 49ers are Cleveland State. (No insult meant to the school or the city.)

And who is Kentucky, perchance? That's easy. Bill Belichick. (No insult meant to bluegrass, horse racing or fried chicken.)

The Spygate controversy, centering around Belichick's violation of NFL policy regarding the taping of opposing coaches' sideline signals, has been festering in Goodell's office for months. And there could be further festering, if there is proof that Belichick also ordered the videotaping of a St. Louis Rams walk-through the day before the Super Bowl in 2002.

Goodell, still relatively new on the job, clearly wants to establish himself as the new sheriff in town, so he will be extra sensitive to any incident of cheating that comes before him. The 49ers' "crime" of making surreptitious contact with player agents is one that every NFL team commits in some fashion. The 49ers simply cheated at the wrong place and the wrong time.

Piecing together the details from various reliable sources, the firestorm began Oct. 16 when, as the trade deadline was approaching, the 49ers made a pitch to the Bears for Briggs, a Pro Bowl linebacker who grew up in Sacramento.

Briggs' contract was running out after the 2007 season, so it would make no sense for the 49ers to give up much for him in a trade unless they knew they could re-sign him to a longer deal. Somewhere amid the dealmaking, therefore, the 49ers placed two calls to Briggs' agent, Drew Rosenhaus. They didn't reach him, so they left messages that totaled 38 seconds.

That wasn't legal by NFL rules. Meanwhile, the Bears' front office was working through the potential deal at their end by running the possibility past several coaches and players. Word leaked out into the Bears' locker room, causing havoc and bad feelings. The Bears called off the potential deal.

The matter might have ended there, but Chicago went on to have a dismal season. The Bears' front-office types were looking for scapegoats. The 49ers' cover story was that they wanted to talk with Rosenhaus about another of his clients, an unsigned free agent. But the Bears didn't believe that. You probably shouldn't, either.

In the end, Goodell sided with the Bears and brought down the hammer. That will make a nice little sidebar when the teams play again. But here's the other sidebar: In the hearings, Chicago reportedly claimed that the 49ers' mischief "ruined" their season. But before the trade deadline last year, the Bears had a 2-4 record. Afterward, they went 5-5. If anything, the mischief helped the Bears.

As for the 49ers, they might have protested the punishment more vociferously except for this: They need the NFL office's support for any new stadium proposal.

In other words, this is more of a political story than a football story. But you know the old saying about political football.