The settlement conference ended after about 7 1/2 hours. “Thank you”, NFLPA executive director DeMaurice Smith said.
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Immediately afterward, Brady smiled slightly as he signed sketches for two court artists. The players association, representing Brady, appealed the suspension in court after the NFL’s filing.
Attorney and SI.com legal analyst Michael McCann joined Merloni and Fauria on Wednesday to talk about Tom Brady and Wednesday’s Deflategate hearing, which he said was a positive one for the Patriots quarterback. As Brady entered, while another yelled, “Give ’em hell, Tom!”
Neither Brady nor NFL Commissioner Roger Goodell spoke during the proceedings except to introduce themselves to the judge. There’s certainly enough evidence to suggest Brady ordered that air be taken out of footballs, most notably in the text message exchange between two Patriots employees that is contained in the Wells’ report. “No, there is not such direct evidence”.
Nash told the judge other evidence “
clearly indicates Mr. Brady’s knowledge and encouragement of this activity.”
Berman also asked questions concerning Ted Wells’ dual role as an investigator for the NFL and an attorney hired by the league.
“I don’t know who we’re going to see”, Packers linebacker Clay Matthews said. Nash said, per the News. “His judgment”. Among them: What evidence is there to implicate Brady in a football deflation scandal against the Colts in the AFC championship game? It’d have been like pleading no contest to say “let’s get this over with”.
Beginning by revisiting the facts of that night, Berman first pointed out that, “it turns out Mr. Brady did better without the underinflation”. The Commissioner was given the power under the collective bargaining agreement to determine what is in the best interest of the NFL, and this matter gets to the heart of competitive advantage.
This post was originally published at 11:20 a.m.
Also, both sides also met separately with the judge in private earlier in the day, with Kevin Duffy of MassLive.com reporting that Brady appeared angry after his session with Berman.
Published reports say that while the NFL and the union have been talking about a settlement, a holdup is Brady’s refusal to admit guilt.
If a settlement can not be reached by next Wednesday, Berman has been asked to rule on the case by September 4. After a bye Week 4, the Patriots return visit the Dallas Cowboys on October 11. Second-year quarterback Jimmy Garoppolo is expected to start in place of Brady.
Brady was not at Patriots practice.
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Kessler, however, said Brady had followed the advice of his lawyer in declining to hand over his communications, and said the quarterback routinely destroys his old phones to avoid unwanted leaks to the media.
