The Province

Brady’s appeal of suspension goes into OT

NFL: Lawyers lead 10-hour Deflategat­e marathon

- JOHN KRYK john.kryk@sunmedia.ca @JohnKryk

Tom Brady’s 10-hour appeal has been heard. Now we await word.

Will NFL commission­er Roger Goodell uphold his office’s four-game suspension of the star quarterbac­k?

Or did Brady’s legal team provide new, compelling evidence to prove the New England Patriots icon’s innocence in the Deflategat­e scandal? Or at least do enough to get his suspension reduced?

Such news was not immediatel­y forthcomin­g.

Brady privately and publicly has insisted since January he did nothing wrong and had no knowledge of any footballs being deflated before January’s AFC Championsh­ip Game.

His appeal took place Tuesday at NFL headquarte­rs on Park Avenue in Manhattan.

The hearing started at 9:30 a.m. and ended at about 7:30 p.m. EDT — a 10-hour marathon.

Brady did not speak to reporters afterward, but his lead lawyer Jeffrey Kessler did briefly.

“I don’t know what the timetable (for a decision) will be,” Kessler told reporters afterward. “We put in a very compelling case, that’s all I’ll say.”

USA Today cited an unnamed person with knowledge of Brady’s testimony who said the quarterbac­k stuck to what he has already said, that if there were a scheme to deflate footballs he was unaware of it and had no role in it.

Both sides said there will be no continuati­on meeting; the appeal is done.

To Brady’s and the NFL Players Associatio­n’s dismay, Goodell weeks ago refused to recuse himself as arbiter.

Ted Wells, former FBI director and lead Deflategat­e investigat­or for the NFL, was reportedly on hand to defend his muchmalign­ed probe and subsequent 243-page report. He said nothing afterward other than to confirm he testified.

The hearing was private. Yet drama continued to play out in this melodrama.

The league, which had handled virtually every Deflategat­e developmen­t poorly, inexplicab­ly continued down that road on Tuesday.

ESPN’s Adam Schefter reported the NFL informed Brady’s lawyer, Kessler, that his side would be given up to four hours to argue its case. After an NFL spokesman denied the report, Schefter released a copy of the letter sent to Kessler on June 15 by NFL counsel Gregg Levy, which stated exactly that.

As the hearing dragged into early evening, it became clear the four-hour limit had not been enforced. NFL Network’s Ian Rapoport reported that Patriots owner Robert Kraft testified on Brady’s behalf only in written form, as he was unable to do so in person.

Goodell was not expected to rule on the appeal for at least several days.

According to NFL Network, decisions in recent high-profile appeals didn’t come for anywhere from four to 26 days (and counting).

For Brady to get his punishment reduced or perhaps even quashed entirely by the commish, all his legal eagles might have needed to do was further undermine the sketchy findings of the Wells Report.

The controvers­ial document — blasted by some lawyers as biased advocacy — concluded last month it “is more probable than not” the three-time Super Bowl MVP was “at least generally aware” that two Patriots equipment managers conspired to release air from the dozen footballs New England used in the first half of the AFC title game.

New England beat Indianapol­is 45-7 on Jan. 18 to advance to Super Bowl XLIX, which the Patriots won.

The science and methodolog­y employed by the Wells team’s engineerin­g consultant­s — who concluded the Patriots’ footballs likely could not have naturally deflated approximat­ely a half-pound to a full pound per square inch without deliberate chicanery — has since been blasted.

Brady’s legal team surely spent a chunk of time pointing to the scientific uncertaint­ies.

Brady agreed to be interviewe­d by Wells investigat­ors and was fully co-operative except in one way. He refused to turn over his cellphone records or electronic informatio­n from his cellphone, such as text messages and emails.

Whether he did so Tuesday was one of the appeal’s compelling storylines.

Wells and the NFL viewed Brady’s lack of co-operation in that regard during the investigat­ion as egregious, even though labour lawyers say it is practicall­y unheard of in the real world for union employees to turn over such private informatio­n while under workplace investigat­ion.

If unsuccessf­ul in his appeal, it is believed Brady would not hesitate to take the NFL and Goodell to court to get his suspension vacated. The quarterbac­k has sworn to friends and family he is innocent and they believe he will stop at no end until he is cleared.

As we’ve been advising, it could be a long time yet before all the air is let out of Deflategat­e.

 ?? — THE ASSOCIATED PRESS ?? New England quarterbac­k Tom Brady, accompanie­d by NFL Players Associatio­n attorney Heather McPhee, arrives for his appeal on Tuesday in New York.
— THE ASSOCIATED PRESS New England quarterbac­k Tom Brady, accompanie­d by NFL Players Associatio­n attorney Heather McPhee, arrives for his appeal on Tuesday in New York.

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