I just saw an interview where Emmert said in response to this, "Rod Erickson is saying that you told them to accept these penalties or there will be the death penalty"
The fact is that...the death penalty was unequivocally on the table, it was widely discussed, there was a lot of sentiment that that ought to be one of the variables in a package of penalties. There was never the consideration that it was going to be by itself. We made clear that we had really 2 options really in front us, to go down this road, the consent decree model, or to launch a traditional investigation, and the time and energy of course that would consume for all parties with an unknown outcome. There is no doubt that the death penalty was an active option.
So just to be clear, the death penalty wasn't the other option that was on the table. It was the death penalty combined in a package with other penalties. Got it.