phone he used has been destroyed. not only did he destroy it but he kept that fact secret until june. joey he hurt himself by destroying the cell phone. he did not have to tell. he didn't have to turn it over or tell anyone what was on it. the fact of destroying it puts him in a worse position today. >> i agree with that. it's about what you focus on. if you are a commissioner judge, jury and executioner of a flawed process, you can say that's what they bargain for. that's what the collective bargaining agreement says. at the end of the day, it's a process that's flawed. one person appoints the decision. another person decides the weather report is accurate. by the way, you don't like my decision i'm going to be there, again, to decide what i decided in the first place was correct. you can focus on the cell phone. if i defend him, the lack of process, the lack of due