Berman said he would try to rule by September 4 but said judges not bound by NFL schedule.
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Rex Arbogast/APJudge Richard Berman was hard on Roger Goodell and the NFL in court.The NFL and NFL Players Association had its second settlement hearing in court on Wednesday, and it sounds like it went horribly for the NFL.
That report – which found that Brady was “generally aware” of footballs being deflated – didn’t escape Berman’s scrutiny.
The Deflategate controversy started when the New England Patriots were accused of using 11 underinflated footballs to gain a competitive advantage in the Patriots’ AFC championship victory over the Indianapolis Colts on January 18.
Goodell and Brady, who participated in a joint practice with the New Orleans Saints in West Virginia, did not attend Wednesday’s hearing.
While Berman again acknowledged “strengths and weaknesses on both sides”, the judge used strong language when addressing NFL lawyer Daniel Nash, noting several weaknesses in the way the league has been handling its case against the star quarterback.
With that said, if the NFL wants to suspend Brady for not cooperating during the investigation, such as not handing his cell phone over when asked about it, he is all for receiving some sort of punishment.
Rosenberg said that Brady looks like he’s frowning and looking down because he spent most of the hearing checking his cellphone.
Berman also suggested he had reservations about that apparent change in the tone of the NFL’s conclusions from Goodell’s appeal decision, but Nash countered that Goodell took into account the totality of evidence. However, on Wednesday a federal judge said no settlement had been reached, and warned the league it can erase the suspension if it refuses to negotiate a deal in the case.
Sherman compared the amount the Patriots were fined, $1 million, with the roughly $2 million in lost salary Brady now faces due to a four-game suspension.
The Seattle Seahawks cornerback is upset with the penalties given to Brady for his alleged involvement in the Deflategate saga.
Nash said the commissioner didn’t think Pash was a relevant witness.
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On the other side, the league would nearly certainly do the same if it lost, as it’s clear the belief is that a defeat would strike at the very heart of Goodell’s disciplinary powers.
