Federal judge tosses questions NFL’s way
“Direct evidence” implicating Brady sought
new york» A federal judge put the NFL on the defensive over its four-game suspension of New England Patriots quarterback Tom Brady on Wednesday, demanding to know what evidence directly links Brady to deflating footballs and belittling the drama of the controversy.
“What is the direct evidence that implicates Mr. Brady?” Judge Richard M. Berman in Manhattan repeatedly asked NFL lawyer Daniel L. Nash at the first hearing in the civil case in federal court in Manhattan, which was attended by both Brady and commissioner Roger Goodell.
Nash responded there was “considerable evidence Mr. Brady clearly knew about this,” including records of text messages and phone calls between the quarterback and one of two Patriots employees implicated in the scandal known as “Deflategate.” But he also said there was no "smoking gun" showing Brady had direct knowledge that the balls were deflated for the first half of the Patriots' 45-7 defeat of the Indianapolis Colts in the Jan. 18 AFC championship.
Brady and Goodell didn't speak during the hearing, except to introduce themselves to Berman. Brady, his head lowered, looked dour throughout a hearing that lasted about 80 minutes. Immediately afterward, Brady smiled slightly as he signed sketches for two court artists. Berman than began meeting individually with each side to continue settlement discussions in private.
The NFL sued two weeks ago asking for Berman to declare that its punishment of Brady was properly carried out. The players' union countersued, asking him to nullify the suspension. The judge has signaled from the start that he wants the parties to reach a swift settlement.
On Wednesday, Berman called it “ironic” that Brady's statistics were better in the second half of the AFC championship game, after the balls were reinflated.
“You might say (Brady) got no better advantage from the under-inflation,” the judge said.
Both sides are scheduled to return to court next week.