|Report: Don’t expect Tom Brady Deflategate appeal ruling for a while||06.28.15 at 2:46 pm ET|
It doesn’t look like the Patriots or Tom Brady will get an answer on the appeal of the quarterback’s four-game suspension until well after the July 4 holiday.
Brady attended all 10 hours of his hearing on Tuesday in New York City. The next step is the filing of post-hearing briefs, which are expected to be filed late this week.
According to multiple reports, Brady testified under oath during the proceedings on Tuesday before Roger Goodell, likely setting the table for a federal court appeal/injunction down the road, should Goodell not rule favorably for the Patriots quarterback.
What happens next?
After the post-hearing briefs this week, Goodell would have enough information to proceed and making his ruling. That’s not expected until sometime after the holiday weekend. Goodell would presumably need time to digest these briefs and then make a decision to keep, reduce or eliminate the four-game suspension altogether.
Well, that depends on who you read and listen to.
“I don’t know what the timetable is. I think we put in a very compelling case,” said Jeffrey Kessler, Brady’s attorney hired for this case.
Mike Garafolo of Fox Sports reported Friday that it would be some point “thereafter.” Garafolo suggested that means sometime in mid-to-late July.
“NFL commissioner Roger Goodell would need some time to digest these briefs and then make a decision to either keep or lighten the four-game suspension,” Garafolo wrote.
ESPN’s John Clayton indicated this weekend that it would be closer to the start of camp in late July.
Post-hearing briefs in Tom Brady appeal due late next week, sources say. Decision from Roger Goodell to follow at some point thereafter.
‘ Mike Garafolo (@MikeGarafolo) June 24, 2015
|NFLPA files complaint against Patriots for Malcolm Butler OTA discipline||06.25.15 at 12:18 pm ET|
There’s more off the field news involving the Patriots and it has nothing to do with Tom Brady or deflated footballs.
The NFL Players Association has filed a formal grievance against the Patriots for keeping Malcolm Butler off the fields for two weeks during non-mandatory organized team activity practices, according to Randy Scott of ESPN.
Butler acknowledged missing the first two weeks of practice on the field (six practices) before returning in June for the final week of OTAs and being on hand for June minicamp.
The Herald’s Jeff Howe first reported that the Patriots were disciplining Butler for missing his flight and being late to the first day of OTAs. Shortly thereafter reports came out that the NFLPA was investigating Belichick and the Patriots for their disciplinary action against Butler.
Article 21, Section 5(a) of the NFL’s collective bargaining agreement reads that voluntary OTA workouts cannot be treated as mandatory. Therefore, punishing Butler for not being in attendance could theoretically be a team violation.
Neither Belichick nor Butler would provide details of the absences from OTAs, leaving the door open for the team to say that Butler was actually preparing in the classroom and weight room but just not prepared to go onto the field. Butler did confirm that he was indeed taking part in team activities but just not on the field.
ESPN: NFLPA has filed formal complaint against the #Patriots for barring Malcolm Butler from OTAs on May 26. Done so w/o Butler’s approval.
‘ Randy Scott (@RandyScottESPN) June 25, 2015
|Report: Tom Brady goes deep to score in 10-hour hearing, coming across as ‘an A-plus, 10 kind of guy’||06.23.15 at 11:09 pm ET|
Maybe, just maybe Tom Brady won’t be serving any time after all.
After a report from ESPN’s Adam Schefter, it sounds like Brady did himself proud in his 10-hour hearing before NFL commissioner Roger Goodell to appeal his four-game suspension for his role in Deflategate.
Schefter reported the following Tuesday night, following a 10-hour hearing before Goodell, NFL attorney Jeff Pash and the author of the Wells Report, Ted Wells.
“I was told Tom Brady was his greatest ally. He was in that room the entire time and came off, on a scale of 1-10, in the words of a person in that room, as an A-plus, 10 kind of guy,” Schefter reported.
“He gave sincere, genuine answers. He had an explanation for everything that went on in the Wells Report, and anyone who knows and has dealt with Tom Brady knows how genuine he can be. I’m told that genuineness shined through during the course of that appeal, which I think is going to make life more difficult for Roger Goodell to make a decision on.”
The two sides agreed to a confidentiality order from the Commissioner, meaning the details of who said what during the 10 hours of testimony and discussion will likely not be made public until Goodell renders his decision.
But, as Schefter’s report shows, that didn’t keep some from attesting to the tone of the proceeding, which may be just as important as the content and information that was shared.
It’s unknown just how long it will take Goodell to consider the information and testimony collected Tuesday in New York.
‘ Adam Schefter (@AdamSchefter) June 24, 2015
The Tom Brady appeal hearing concluded tonight after 10 hours of testimony. No further hearings are scheduled.
‘ Greg Aiello (@gregaiello) June 24, 2015
Many questions about Tom Brady‘s appeal & how it went down. It may come out eventually. But confidentiality order might mean we have to wait
‘ Ian Rapoport (@RapSheet) June 24, 2015
Sports Illustrated’s legal analyst Michael McCann joined Dennis & Callahan on Tuesday to discuss Tom Brady‘s appeal hearing and his path to potentially obtaining exoneration. To hear the full interview, go to the Dennis & Callahan audio on demand page.
McCann discussed the format of Tuesday’s hearing, which he says will not be the same as a normal court procedure.
“It’s going to sound like a business meeting more than anything else, rather than a trial,” McCann said. “It’s going to involve Roger Goodell at the head of the table with Tom Brady and his attorney, his agent and NFLPA officials on one side and NFL officials and Ted Wells. … It’s going to be more of a conversation rather than strict rules of procedure and evidence. Roger Goodell, who is not an attorney, is going to be running it like a business meeting. He’ll give each side an opportunity to talk, he’ll ask questions, each side can interrupt, it’s not as if it’s a trial and you have to make a specific objection to a procedure at a certain time. It’s more of a fluid conversation. It will be tense, but it won’t be anything like a trial where people are sitting at opposite tables, looking at a judge. It won’t have that kind of formality to it.”
“If he goes to court, he’d know if he gets a restraining order by the end of August, but there would be an appeal,” he added. “The appeal could go literally until the end of the year or even into 2016. It depends how long the U.S. Court of Appeals decides to take. Look at Adrian Peterson. the judge decided in February and he’s still waiting on the appeal. … There’s no certain times. Brady may get a swift victory if he goes to court, but that could be lost later on and I think he has to factor that in to his thinking.”
While many expect Brady to take the case to court if he doesn’t get his suspension completely taken off the books by Goodell, McCann said there is a downside with having it go to court.
“The downside is timing. He has no control over how long it’s going to take,” McCann said. “There’s a possibility that he could get a temporary restraining order. In the next month or so, he gets to play in the season-opener against the Steelers, the NFL appeals the restraining order, sometime in November or December a U.S. Court of Appeals vacates the restraining order, allowing the NFL to then suspend Tom Brady. In other words, Tom Brady could get to play at the start of the season, get a restraining order against the NFL, but then later on lose that restraining order because a higher court vacates it. He’s then suspended in November or December, or the playoffs, or the start of the 2016 season. … If you go to court and lose, it looks bad. Because then his critics are going to say, ‘The judge held that you’re a cheater.’ I do think there’s some danger.
“Then there’s the danger of pre-trial discovery, where he may have to share what seems to be text messages and emails that the NFL claims he has that he wouldn’t share. Who knows what’s on those? Maybe nothing bad, but maybe there is something bad. There are some costs to going to court and once you go to court, you’re not in control. This is no longer an internal process, you’re now part of a legal process that’s not always easy to get out of.”
|Report: Ted Wells to attend Tom Brady hearing, will explain his report||06.22.15 at 12:37 pm ET|
Tom Brady won’t be the only one answering for himself at Tuesday’s hearing before NFL commissioner Roger Goodell.
According to Albert Breer of NFL Media, Ted Wells will be attending the proceedings in Manhattan.
Wells, of course, is the man who crafted the 243-page document that infamously declared that Brady was “at least generally aware” of an intentional attempt to deflate footballs before the AFC championship.
Several science journals and reports have discredited Wells’ claim that science alone would not explain the loss of air pressure in the footballs below the 12.5 psi minimum.
In addition to Brady, Goodell and Wells, Breer also reports that the NFL will have its executive vice president and general counsel Jeff Pash along with Adolpho Birch and Kevin Manara on hand.
Joining Brady will be his hired gun Jeffrey Kessler and Tom DePaso.
Brady is appealing his four-game suspension handed down by Goodell for his role in Deflategate before the AFC championship. The suspension came down a week after the release of the Wells Report on May 6.
Among those that will be at the Brady hearing tomorrow: Ted Wells. Per source, Wells will be prepared to take everyone through the report.
‘ Albert Breer (@AlbertBreer) June 22, 2015
|Science journal finds NFL favored ‘foul play over science’ in Deflategate case against Patriots||06.20.15 at 1:15 pm ET|
When scientists chime in on Deflategate, it’s bad news for Ted Wells.
The latest pummeling of the ill-conceived report comes from the respected editors of “Science News” who published their findings of a survey of scientists who carefully examined footballs to simulate the conditions of the AFC championship game on Jan. 18 in Foxboro.
In a story entitled, “Deflategate Favored Foul Play over Science,” reporter Rachel Ehrenberg consulted several scientists from both academia and industry, and the findings do not support the conclusions reached by Ted Wells in his report. The Wells report dismisses any significant atmospheric impact on the deflated footballs, concluding that the deflation came primarily from an attempt by the Patriots to intentionally deflate the balls below the 12.5 PSI threshold.
On June 23, the NFL commissioner will hear the appeal of Patriots quarterback Tom Brady‘s four-game suspension, one of the punishments that resulted from the controversy,” Ehrenberg writes. “Patriots’ team equipment managers may have intentionally underinflated game balls and Brady may have known about it I won’t weigh in on that here. But the scandal, which propelled the ideal gas law to the front pages of sports sections, inspired an odd mix of experts to choose science over sports, and that’s almost always a win.
To Ehrenberg’s point, in his now-famous scientific press conference eight days before Super Bowl XLIX, Patriots coach Bill Belichick pointed to “climatic conditions,” “equilibrium states” and “atmospheric conditions” to explain the deflation. Bill Nye, with his mechanical engineering degree, came out within 24 hours to laugh at Belichick’s science. But, as “Science News” points out, it’s Belichick who should be enjoying the last laugh.
Here’s what Ehrenberg found and detailed:
If the initial pressure of a football measured in a warm locker room during pre-game inspection was 12.5 psi, could the roughly 25-degree-Fahrenheit drop in temperature between the locker room and the rainy field that day account for the lower air pressure of a ball measured at halftime?
Scientist Michael Naughton (expert in condensed matters physics, Buffalo Bills fan) lent his expertise to the matter when the controversy initially blew up. Naughton’s lab at Boston College inflated a football to 13.5 psi at 72 degrees F. Then they stuck it in a fridge and measured the pressure at 42 degrees F (slightly cooler than the low on game night of 47.7 degrees F, the average of measurements from two weather stations near Gillette Stadium). The pressure dropped to 10.5 psi.
|Report: Patriots come to terms on 4-year deal with Malcom Brown||06.19.15 at 12:14 pm ET|
The last unsigned Patriots draft pick has come to terms with the team.
According to a report from NFL Media’s Ian Rapoport on Friday, Malcom Brown has agreed to sign his four-year rookie deal with the Patriots.
As of Friday, Brown was just one of four first round picks remaining unsigned by their respective teams. The others were quarterback Marcus Mariota (Tennessee), OT Ereck Flowers (New York Giants) and safety Damarious Randall (Green Bay).
Brown played in all 13 games as a true freshman at the University of Texas at Austin in 2012, recording 25 tackles. He took over as a starter his sophomore year in 2013, starting all 13 games. He finished the year with 68 tackles and two sacks, and won the team’s Joseph W. Moore Tenacity Award for Defense along with Jackson Jeffcoat.
This past season at Texas, his junior year, Brown remained a starter. He finished the season with 70 tackles, 13 tackles for loss, and 6.5 sacks and was a first-team All-Big 12 selection by The Associated Press and the league’s coaches.
He also received consensus All-American honors, and was named a finalist for the Bronko Nagurski Trophy as best defensive player in college football, and the Outland Trophy.
Brown finished the year as the Longhorns’ season leader in tackles for loss, sacks, and forced fumbles.
After his junior season, Brown declared himself eligible for the NFL Draft and was taken with the 32nd and final pick in the first round by the Patriots.
First round DT Malcom Brown has agreed to terms with the #Patriots on his 4-year rookie deal, source said.
‘ Ian Rapoport (@RapSheet) June 19, 2015