05-14-2015, 08:47 AM
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#621
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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05-14-2015, 09:37 AM
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#622
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First Line Centre
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Quote:
Originally Posted by troutman
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There are so many inconsistencies in this report I can't see how the suspension can hold up.
The fact that Walt Anderson doesn't know what pressure gauge he used and one had a + .35psi difference than the other will alone be enough to get this tossed I would think.
suspension aside,
is there any options available for the patriots to get the fine and draft picks penalty challenged? or will that remain regardless.
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05-14-2015, 09:45 AM
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#623
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Patriots Lawyers Provide Context, Rebuttal To ‘Incomplete, Incorrect’ Wells Report
http://nesn.com/2015/05/patriots-law...-wells-report/
“The conclusions of the Wells Report are, at best, incomplete, incorrect and lack context. The Report dismisses the scientific explanation for the natural loss of psi of the Patriots footballs by inexplicably rejecting the Referee’s recollection of what gauge he used in his pregame inspection. Texts acknowledged to be attempts at humor and exaggeration are nevertheless interpreted as a plot to improperly deflate footballs, even though none of them refer to any such plot. There is no evidence that Tom Brady preferred footballs that were lower than 12.5 psi and no evidence anyone even thought that he did. All the extensive evidence which contradicts how the texts are interpreted by the investigators is simply dismissed as “not plausible.” Inconsistencies in logic and evidence are ignored. These points, and others, are addressed in greater detail in the following Annotations to the Executive Summary of the Wells Report by Daniel L. Goldberg, a senior partner in the Boston office of Morgan Lewis and who represented the Patriots and was present during all of the interviews of Patriots personnel conducted at Gillette Stadium. Our intention is to provide additional context for balance and consideration.”
RELYING ON MR. ANDERSON’S BEST RECOLLECTIONS, BASIC SCIENCE FULLY EXPLAINS THE DROP IN PSI OF THE PATRIOTS FOOTBALLS DURING THE FIRST HALF.
The standard of proof required to find that a violation of league rules has occurred shall be a Preponderance of the Evidence. THIS IS THE DEGREE OF EVIDENCE THAT IS OF GREATER WEIGHT OR MORE CONVINCING THAN THE EVIDENCE WHICH IS OFFERED IN OPPOSITION TO IT.” A finding of violation cannot be based on speculation or surmise.
No witness gave the texts the meaning that the report attributes to them. No independent evidence confirmed how the report interprets the texts. The report simply speculates that all the selected texts had to do with improper football deflation after the referee’s inspection, although not a single text mentions any such thing.
The texts that form the heart of this report show two persons with quite uninhibited texting history — and yet NOT A SINGLE TEXT REFERS TO DEFLATING FOOTBALLS TO A LEVEL BELOW REGULATION, TO DEFLATING FOOTBALLS AFTER THE REFEREE’S INSPECTION, OR TO ANY DIRECTIONS FROM MR. BRADY — OR EVEN ANY BELIEF THAT TOM BRADY WOULD PREFER TO USE BELOW REGULATION FOOTBALLS.
Read the full report at http://wellsreportcontext.com/
Last edited by troutman; 05-14-2015 at 10:11 AM.
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05-14-2015, 09:49 AM
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#624
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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The night is black
Without a moon
The air is thick and still
The vigilantes gather on
The lonely torch lit hill
Features distorted in the flickering light
The faces are twisted and grotesque
Silent and stern in the sweltering night
The mob moves like demons possessed
Quiet in conscience, calm in their right
Confident their ways are best
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05-14-2015, 09:50 AM
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#625
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Lifetime In Suspension
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I was under the impression the suspension is more about the refusal to cooperate. Forensically examine footballs and psi all you want, doesn't change how they reacted. I thought that was the whole point when it came down to it.
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05-14-2015, 09:53 AM
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#626
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Franchise Player
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Quote:
I was under the impression the suspension is more about the refusal to cooperate.
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I must have missed where players are required to hand over personal email and texts in the CBA?
Imagine you boss suspending you without pay for 1/4 of the year because you refused to hand over your cell phone and personal emails.
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05-14-2015, 10:01 AM
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#627
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First Line Centre
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Quote:
Originally Posted by ResAlien
I was under the impression the suspension is more about the refusal to cooperate. Forensically examine footballs and psi all you want, doesn't change how they reacted. I thought that was the whole point when it came down to it.
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The burden of proof falls on the accuser, Brady doesn't have to submit anything to them and if that is the bases of the suspension the league is in for more than they bargained for.
someone with legal background can answer this...
If they rescind the suspension and find that Brady was suspended for not cooperating with the investigation instead of deflating the balls (no evidence), could there be a law suit from Brady for defamation of character?
If such a law suit were to come out based on the suspension being caused by failure to coorporate, would he have to then produce his phone for evidence?
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05-14-2015, 10:04 AM
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#628
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Lifetime In Suspension
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Quote:
Originally Posted by Jason14h
I must have missed where players are required to hand over personal email and texts in the CBA?
Imagine you boss suspending you without pay for 1/4 of the year because you refused to hand over your cell phone and personal emails.
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Nah, just sounds like you missed the part where the players union collectively bargained to let Goodell be judge, jury, and executioner in situations like this.
Bad decision by the players? Yup. But it's the system in place. Dont want to play along and you pay the price. Optics matter a lot to the league. This is essentially an HR issue, it's not a court of law. I'm sure the suspension will get reduced to a couple games and that'll be that.
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05-14-2015, 10:07 AM
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#629
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Franchise Player
Join Date: Apr 2012
Location: Maryland State House, Annapolis
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Quote:
Originally Posted by Jason14h
I must have missed where players are required to hand over personal email and texts in the CBA?
Imagine you boss suspending you without pay for 1/4 of the year because you refused to hand over your cell phone and personal emails.
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The ironic part here is that by appealing, Brady now has to give up the phone anyways. So if he had nothing to hide to begin with, he basically got suspended for being hard headed. But when you start seeing pathetic excuses like this, there is likely something to hide
Quote:
Jim McNally didn’t call himself The Deflator because he took air out of footballs, more probably than not at the behest of Tom Brady.
He called himself that because he’s fat.
That’s another of the arguments forwarded by the Patriots in their really long (nearly 20,000 words) refutation of the Ted Wells Report.
The Patriots explain that John Jastremski is a “slender guy,” and usually tried to work out and bulk up. McNally is described as “a big fellow,” and was trying to lose weight.
The Patriots contend investigators had possession of the “espn/deflator” text initially, but didn’t ask McNally about it in their first interview.
“Had they done so, they would have learned from either gentleman one of the ways they used the deflation/deflator term,” they wrote. “‘Deflate’ was a term they used to refer to losing weight.”
They cite specific texts including one which read “deflate and give somebody that jacket.”
“There was nothing complicated or sinister about it,” they wrote, before going through a blow-by-blow of previous texts between McNally and Jastremski which references beer pong and women whose names were “omitted out of respect to Mrs. Jastremski.”
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http://profootballtalk.nbcsports.com...cause-hes-fat/
__________________
"Think I'm gonna be the scapegoat for the whole damn machine? Sheeee......."
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05-14-2015, 11:20 AM
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#630
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Franchise Player
Join Date: Oct 2006
Location: San Fernando Valley
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LOL at the Patriots saying that the ball handler's nickname "the deflator" came from the fact that he was overweight once and lost weight. Jim Rome made a good point in that Kraft has the best lawyers money can buy and this was the best they could come up with? Honestly the Patriots should just suck it up as this kind of stuff just simply makes them look worse.
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05-14-2015, 11:25 AM
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#631
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Franchise Player
Join Date: Feb 2007
Location: Calgary, AB
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Yeah the Patriots should be embarrassed by some of the stuff in that rebuttal.
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05-14-2015, 11:28 AM
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#632
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Quote:
Originally Posted by Erick Estrada
LOL at the Patriots saying that the ball handler's nickname "the deflator" came from the fact that he was overweight once and lost weight. Jim Rome made a good point in that Kraft has the best lawyers money can buy and this was the best they could come up with? Honestly the Patriots should just suck it up as this kind of stuff just simply makes them look worse.
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You did not read the rebuttal, if you think the best they could come up with is the deflater was overweight. You ignore posts in this thread that contradict your witch-hunt.
http://bleacherreport.com/articles/2...d-wells-report
Last edited by troutman; 05-14-2015 at 11:36 AM.
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05-14-2015, 11:41 AM
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#633
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Franchise Player
Join Date: Oct 2006
Location: San Fernando Valley
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Quote:
Originally Posted by troutman
You did not read the rebuttal, if you think the best they could come up with is the deflater was overweight. You ignore posts in this thread that contradict your witch-hunt.
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Actually your rebuttes are a little old hat for me personally as the Aaron Rogers comments I have seen discussed on Raiders forms as well as Sirius NFL satellite radio. First of all there had been no complaints made against the Packers by other teams unlike this case. Also in Rogers words they would supply the balls overinflated to the officials and hope they wouldn't deflate them. That is key and leads to the next point. Second of all there has never been a case where game balls were taken from the possession of the officials. Apparently it was the fact the balls went missing that really upset the NFL and the officials as teams are not allowed to do this and it's clear violation. While Rogers "hoped" the officials would not deflate the balls the Patriots took it one step further and stole the balls prior to kick off to deflate them. There is no witch hunt as what Brady had done is really underhanded and unethical stuff.
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05-14-2015, 11:42 AM
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#634
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Franchise Player
Join Date: Mar 2006
Location: Victoria
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*Rodgers
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05-14-2015, 11:49 AM
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#635
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Franchise Player
Join Date: Oct 2001
Location: Kalispell, Montana
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Quote:
Originally Posted by rubecube
*Rodgers
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It really sucks that as I read your 1 word post my brain is flooded with the voice of that cheese head guy plastered to the window in the State Farm commercials.
__________________
I am in love with Montana. For other states I have admiration, respect, recognition, even some affection, but with Montana it is love." - John Steinbeck
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05-14-2015, 12:01 PM
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#636
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Quote:
=Erick Estrada;5300357There is no witch hunt as what Brady had done is really underhanded and unethical stuff.
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Again - show me what Brady "did". The investigation is weak.
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05-14-2015, 12:04 PM
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#637
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Franchise Player
Join Date: Apr 2012
Location: Maryland State House, Annapolis
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Quote:
Originally Posted by troutman
Again - show me what Brady "did". The investigation is weak.
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The suspension has more to do with covering up what he did and not what he actually did. NFL does not like you lying/misleading them. 75% of the suspension is for the cover up. If the Pats/Brady came out on day 1 and said we did this, probably only a fine.
__________________
"Think I'm gonna be the scapegoat for the whole damn machine? Sheeee......."
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05-14-2015, 12:50 PM
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#638
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Franchise Player
Join Date: Oct 2006
Location: San Fernando Valley
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Quote:
Originally Posted by troutman
Again - show me what Brady "did". The investigation is weak.
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He had two employees of the Patriots, one nicknamed the "delflator" remove the balls from the possession of the NFL and deflate them to below NFL specification to his preference and then replace them. He would in turn repay the two employees signed merchandise. That's pretty well it in a nutshell. If you don't believe that's what happened then really we have nothing else to talk about here. Also as was said above he and the Patriots did not cooperate in the investigation which further angered the league. The fact they are coming out blatantly lying about how the "deflator" got his nickname is pretty telling about the honesty and integrity of the organization.
Are you a Pats fan by chance?
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05-14-2015, 01:28 PM
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#639
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Kylie Jenner @artfIopz Tom Brady Faces Deadline to Appeal Deflategate Ruling: Tom Brady has until 5 p.m. to appeal the NFL's ruling in the deflategate scandal.
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05-14-2015, 01:40 PM
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#640
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Franchise Player
Join Date: Dec 2005
Location: back in the 403
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I liked comedian Brian Gaar's tweet about the Patriots' rebuttal: "Yes, totally makes sense. That's why people go to Deflate Watchers."
Posted from Calgarypuck.com App for Android
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