Nash downplayed the value of the evidence.
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At the hearing’s start, Berman said he found “varying strengths to both sides here” and had not made up his mind as to how he might rule if the sides do not settle.
Berman spoke before allowing lawyers to make a brief argument.
The New York Daily News reported big crowds at the courthouse, and boos for Goodell and cheers for Brady as the two men arrived.
Brady and Goodell didn’t speak during the hearing, except to introduce themselves to Berman. Brady is not expected to play. “No, there is not such direct evidence”, said NFL attorney Daniel L. Nash, adding later, “Just because there may not be a smoking gun does not mean there’s not evidence of culpability”. “That’s good, whether he looks good or bad”.
The two sides were meeting privately in New York with US District Judge Richard Berman, who has pressed both parties to seek a resolution before the Patriots’ season begins on September 10. Berman then met individually with each side for more settlement discussions in private. The NFL apparently was insisting on a suspension and an acknowledgement of wrongdoing by Brady connected with the under-inflation of footballs, not merely to a lack of cooperation with the investigation.
The union has vowed to address Goodell’s power to resolve appeals of certain player disciplinary cases in the next labor agreement. The story of Brady allegedly throwing intentionally under inflated footballs broke seven months ago following the AFC title game between New England and Indianapolis in January.
But this is exactly what happened on Wednesday, when courtroom sketch artist Jane Rosenberg’s drawing of the 38-year-old New England quarterback at the settlement hearing for the ongoing Deflategate drama went viral. Another headline said Brady looked like he was melting.
The Patriots were punished, too.
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Not only that, but the NFL also won’t want to lose all credibility by giving in completely to Brady while at the same time penalizing Bob Kraft and the Patriots a league-record $1 million fine and two high draft picks for the same allegation. He came off less like a Superbowl Champion and more like a corpse – and the Internet had a blast with the picture! He displayed no emotion, even when Kessler lightened the mood unintentionally with long-winded answers, forcing Berman to reel him back in, or when Kessler lightened the mood intentionally by revealing that if “my grandmother had wheels, she would be a trolley auto”, which really had nothing to do with DeflateGate, from what I can gather.
