Science On Brady’s Side In DeflateGate Appeal
A week after the American Enterprise Institute offered their rebuttal of the Ted Wells Report, Tom Brady is getting ammunition for his appeal from another source.
CSNNE.com writes that Rachel Ehrenberg of the Science News has published an article pokes holes in the science of the Wells Report, titled “Deflategate favored foul play over science.” She writes that the Wells Report fails to acknowledge scientific data on the allegedly doctored footballs.
According to Ehrenberg, the findings were “collected so haphazardly that they wouldn’t be allowed in a high school science fair.” The two different gauges differed in their readings by approximately 0.4 PSI, and it isn’t clear which was used before the game because that data was not recorded.
Also, while 11 of 12 Patriot footballs measured below 12.5 PSI at halftime, so did three out the four Colt footballs, according to one of the gauges.
Mike Petraglia of WEEI.com brings up an even more detailed summary of Ehrenberg’s report. Ehrenberg consulted a number of experts to recreate the conditions of the footballs from the night in question. Scientist Michael Naughton, an expert in condensed matters physics, recreated the situation in his lab at Boston College, finding numerous factors that could have led to the significant deflation.
Pittsburgh-based engineering firm HeadSmart labs also investigated the matter. The Wells Report had its experts as well, and Ehrenberg writes that video and text message evidence isn’t refuted by the science, but that Wells did not give the scientific possibility of DeflateGate it’s due.
All of this, plus the AEI report may still not be sufficient to get Brady off the hook for his four-game suspension. Earlier today, we heard from Ben Volin that there is no way Brady’s suspension is revoked, only possibly reduced.
However, all of these rebuttals to the Wells Report all enhance the case of Brady and the Patriots that they did nothing wrong. Should Roger Goodell, who refused to excuse himself from the appeal, uphold a suspension or even a reduced suspension, Brady and the NFLPA will have the opportunity to appeal. Especially if Goodell is not swift with his decision, Brady’s appeal in court could push the decision further back, and he keeps appealing all the way up, he may not have to serve his suspension until late in the season, or even until 2016, according to Mike Florio of Pro Football Talk.
Details Emerge On Tom Brady’s Appeal
Engulfed by lawyers, Tom Brady and Roger Goodell will face off Tuesday in the appeal summit regarding the quarterback’s four-game suspension the commissioner handed down in May for Brady’s role in Deflategate, and Ben Volin of the Boston Globe discusses how the sides will go about this procedure in New York.
One source informed Volin that Goodell only hears about 10% of these cases, and he delegated this responsibility for the recent appeals of Adrian Peterson, Josh Gordon and Greg Hardy. But with Brady serving as one of the faces of the league in the 21st century, Goodell will serve as the judge to determine whether his own judgment was justified.
Per Volin, around 12 people will be present in the meeting room: attorneys for both sides, NFLPA executive director DeMaurice Smith and Brady’s agent Don Yee will join the 16th-year quarterback and the 10th-year commissioner. Another source informed Volin that Goodell, while technically not on either side as the hearing officer in this setup, is “tame and usually fairly civil” in these circumstances. NFL executive vice president Troy Vincent and senior vice president of labor policy and government affairs Adolpho Birch could also be in the room.
“It’s kind of like a court of law, but it’s a private hearing; it’s confidential,” one source told Volin. “And the jury is Goodell.”
Goodell will ask questions during each presentation, reports Volin, but the NFL and the appealing contingent do not argue directly with each other despite the acrimony that’s transpired between representatives of each side during this historic offseason ordeal.
“There’s really no back-and-forth at the same time,” another source told Volin. “The appellant makes their case, then the league makes theirs, then the appellant gets to rebut it, then the league gets another chance, then both sides have closing arguments, and that’s pretty much it.”
While Brady obviously wants the entire suspension erased due to what he views is an exceedingly harsh punishment, one source told Volin the future Hall of Famer isn’t seeing any reduction, with the ban being “lenient” to begin with.
“He’s getting a suspension,” that source told Volin. “The only question is, is it four or two games?”
As previously noted, Brady’s side will have a chance to present new information in an attempt to reduce or eliminate his four-game ban, and Volin notes the Patriots quarterback’s team will cite the NFL’s operations manual which states a $25K fine is the baseline for a team that tampers with footballs (although Goodell has the jurisdiction to increase it as he sees fit). Volin also reports Brady’s side, in addition to possibly using the AEI report released last week that scrutinizes Ted Wells‘ investigation and potentially providing more information from Brady’s cellphone after he initially denied access to it, will use the fact that the Panthers and Vikings were issued only a warning for placing footballs near heaters during a December 2014 contest and Brett Favre being fined just $50K for a lack of cooperation in his 2010 scandal for improper text messaging.
The NFL will back Wells’ analysis and the ruling that Brady was “generally aware” of the alleged deflation procedures. Should the summit extend beyond Tuesday, it will resume Thursday, although there is no defined timeline for the decision to come down. Volin reports the Brady ruling may not emerge until the end of July, with Hardy’s May 28 appeal still in limbo as the latest example of the pace of these proceedings.
Brady, who can still file a federal lawsuit if this ruling doesn’t go his way, will lose $1.88MM if his four-game suspension is upheld.
Patriots Release Fred Davis
The Patriots continue to make changes at the tight end spot, announcing today (via Twitter) that they’ve released Fred Davis, just over a month after signing him. Davis is the second notable tight end to be cut by New England in June, as the team also waived Tim Wright last week.
Davis, 29, sat out all of last season after the NFL suspended him indefinitely for substance-abuse violations. The league reinstated him earlier in the offseason. Prior to 2014, the former second-round pick spent six seasons in Washington and caught 162 passes and 13 touchdowns. His best year came in 2011, when he amassed 59 receptions and 796 yards.
Davis’ contract with the Patriots didn’t include any guaranteed salary, and his bonus money consisted of a modest workout bonus and unearned roster bonuses, so the move won’t have an impact on the club’s salary cap.
With Davis and Wright no longer in the mix, Rob Gronkowski, Scott Chandler, Michael Hoomanawanui, and sixth-round rookie A.J. Derby figure to handle the majority of the tight end load heading into training camp.
Malcom Brown, Patriots Agree To Terms
The Patriots have reached an agreement on a rookie contract with first-round defensive tackle Malcom Brown, reports Ian Rapoport of NFL.com (via Twitter). The deal ensures that second overall pick Marcus Mariota is the only first-round pick who remains unsigned.
According to one post-draft report, the Patriots were very open to trading the 32nd overall pick, but opted to keep it when they didn’t the return they wanted. In fact, one erroneous report on draft night suggested that New England had agreed to move the pick, but landing Brown at No. 32 viewed as a good value, and a nice fit for the team.
Per Over The Cap, Brown’s four-year pact with the Patriots features a signing bonus worth about $3.797MM, and a four-year value of approximately $7.613MM. Landon Collins, the 33rd overall pick, agreed to terms earlier today and received a signing bonus worth about $1MM less than Brown’s, so the former Texas Longhorn was fortunate to be a first-rounder. Coming off the board in the first round means his contract will also include a fifth-year option for 2019.
The Patriots have now locked up all 11 of their draft picks, becoming the 29th of 32 NFL teams to finish signing their draftees. Only the Titans, Colts, and Raiders still have picks to sign.
AFC East Notes: Jets, Dolphins, Patriots
With June’s mandatory minicamps having come to an end, let’s round up a few items from around the AFC East….
- The Jets had a busy offseason, highlighted by the addition of a number of free agent cornerbacks. One of those new Jets cornerbacks, Buster Skrine, tells Don Banks of SI.com that he has never played on a defense with this much talent: “Our front seven has all-stars and then in the back end, we have all-stars. … We can match up with any offense.”
- Revisiting the to-do list he proposed for the Dolphins heading into the offseason, Dave Hyde of the South Florida Sun Sentinel observes that new executive VP of football operations Mike Tannenbaum checked off nearly all the boxes on that list, suggesting that the team’s offseason was a success.
- Dolphins defensive end Olivier Vernon is heading into a contract year and is eligible for a new contract. As Steve Gorten of the Palm Beach Post writes, with Cameron Wake and Ndamukong Suh getting plenty of attention from offensive lines, Vernon could be poised for a big year, which would set him up for a nice payday.
- Mike Reiss of ESPN.com takes a quick look at the Patriots‘ financial and cap situation, taking stock of where the team sits in relation to the rest of the NFL.
Minor Moves: Thursday
Today’s minor moves..
- The Titans waived tight end Taylor Thompson, tweets the Tennesseean’s Jim Wyatt. Thompson, whom the Titans chose in the fifth round of the 2012 draft, has 11 career catches. It was reported earlier this week that the Titans were primed to fine Thompson for showing up late to mandatory minicamp. He has also been dealing with knee issues.
- The Patriots cut tight end Logan Stokes, reports Aaron Wilson of the Baltimore Sun (via Twitter). Stokes signed with the Pats last week as an undrafted free agent out of LSU.
- The Chiefs signed cornerback Kenneth Penny and waived both guard Melvin Meggs and cornerback De’Vante Bausby, per Terez A. Paylor of the Kansas City Star (via Twitter).
- The Bills signed free agent tight end Matthew Mulligan and released defensive back Merrill Noel, according to the Buffalo News’ Vic Carucci (Twitter link). The 30-year-old Mulligan, who has 16 career receptions, played under current Bills coach Rex Ryan as a member of the Jets from 2009-11.
- The Falcons signed veteran wide receiver Carlton Mitchell and waived fellow wideout Shane Wynn, writes D. Orlando Ledbetter of the Atlanta Journal-Constitution. Mitchell, a sixth-round pick in 2010, last saw action in 2011, when he caught three passes for the Browns. Wynn signed with Atlanta last month as an undrafted free agent out of Indiana.
- The Lions waived Bill Bentley after minicamp practice on Thursday, according to Dave Birkett of the Detroit Free Press (on Twitter). The cornerback was attempting to return from a torn ACL. Bentley played some nickel for Detroit over the last three years.
- The Packers released cornerback Travis Manning, according to Weston Hodkiewicz of the Press Gazette (on Twitter). Taking Manning’s place on the roster will be tight end Harold Spears, who was waived by the Saints earlier this week, according to Evan Woodbery of the Times-Picayune (on Twitter). Green Bay still has 89 players on the roster after today’s moves.
East Notes: Mathis, Flynn, Bills, McClain
Speaking to reporters today, Eagles head coach Chip Kelly addressed the team’s release of Pro Bowl guard Evan Mathis for the first time, explaining that Mathis’ agent asked multiple times for his client’s release. According to Kelly (all Twitter links), the club didn’t intend to alter Mathis’ contract, so after discussing all the possibilities, Philadelphia decided to let him go if he didn’t want to be there. The Eagles waited as long as they could to explore trade possibilities and to see how the draft and free agency played out before cutting the offensive lineman last week.
Kelly’s explanation doesn’t come as a real surprise, though I’m still somewhat skeptical that the Eagles couldn’t secure even a late-round pick for Mathis. It’s also worth noting that, in a similar situation, the Vikings didn’t give in to Adrian Peterson‘s agent demands, and now Peterson is saying all the right things as he prepares to play for Minnesota in 2015 without a reworked contract. The Eagles could’ve held their ground with Mathis, but it’s clear that Kelly prefers not to keep a player on the roster if he doesn’t view that player as a culture fit for his club.
Here’s more from around the NFL’s two East divisions:
- The NFLPA saw no wrongdoing on the Eagles‘ part regarding Mathis’ release, which was viewed as a contractual decision, so the team has been cleared, tweets Albert Breer of the NFL Network.
- Aaron Wilson of the Baltimore Sun has the details on Matt Flynn‘s one-year contract with the Patriots, tweeting that the quarterback gets a $20K signing bonus and a $60K roster bonus on his minimum salary benefit deal.
- Former Seahawks offensive lineman Nate Isles is trying out for the Bills today, per Mike Rodak of ESPN.com (Twitter link). Isles, who signed a futures contract with Seattle at season’s end, was cut by the team last month.
- Offensive linemen Seantrel Henderson and Chris Williams aren’t in attendance for the Bills‘ first day of mandatory minicamp, according to Vic Carucci of the Buffalo News (Twitter links).
- Linebacker Rolando McClain was one of the Cowboys‘ best bargains last season, and he could be again in 2015, writes Todd Archer of ESPNDallas.com. As Clarence Hill of the Fort Worth Star-Telegram tweets, McClain has reported to Dallas’ minicamp after being absent from earlier offseason activities.
AFC East Notes: Mosley, Vollmer, Vick
The Dolphins‘ late addition of C.J. Mosley, on a strong recommendation from their slightly higher-profile ex-Lions defensive line newcomer, came as a result of concerns about the depth toward the bottom of their depth chart, writes Barry Jackson of the Miami Herald.
Mosley, who will make just more than $1MM in what will be his 11th season, is a more reliable piece than what the team currently has behind Ndamukong Suh — unproven performers in A.J. Francis and Anthony Johnson — but it shouldn’t be viewed as an indictment on second-rounder Jordan Phillips‘ progress, writes Jackson.
Here are some more Sunday-morning news items from Miami and the rest of the AFC East.
- Back under the guidance of a more enthusiastic coach in Mike Zimmer, Mike Wallace either strongly prefers this personality trait compared to the lower-key Joe Philbin or is trying to please his new employer. “Honestly, [Zimmer]’s more of my type of guy — fired up. It’s cool when you do things and just do them. But when you do them and have some fire with it, it’s a lot more fun,” Wallace is quoted in Jackson’s notes piece. “I think it’s more of an environment for me, coming from [Steelers] coach [Mike] Tomlin being fired up and going to Coach Philbin, who was a lot more reserved, then coming back to another coach who’s fired up. I love it.”
- Despite each undergoing labrum surgeries this offseason, Dont’a Hightower and Sebastian Vollmer are on divergent recovery courses, reports Ben Volin of the Boston Globe. Vollmer is on track to be ready for training camp, while Hightower’s status for Week 1 isn’t a lock. Hightower, who had surgery in February after playing through a torn labrum during the latter portion of last season, played with a bigger brace than Vollmer, which indicates his tear needed a more extensive surgical overhaul. Vollmer, however, likely played with a mere labrum fray, inducing a smaller-scale surgery, notes former Chargers team doctor David Chao. Chao does expect Hightower to be on the field for Week 1.
- Although Patriots fifth-round long snapper Joe Cardona‘s received apparent clearance from the navy to postpone his service time to play in New England this season, the team doesn’t know how long it’ll have him. It’s structured Cardona’s contract accordingly, notes Volin. Receiving only a $100K bonus rather than the $190K that would’ve been customary with his draft position, Cardona will receive roster bonuses for each year he’s with the Patriots and not in the navy. Per Volin, Cardona will collect just more than $17K, $37K and $45K for the 2015-17 seasons, respectively, if he’s on the active roster for at least one game, the PUP list or injured reserve.
- The Pats are now extremely well-equipped to challenge teams at the goal line, writes Karen Guregian of the Boston Herald, with their addition of 6-foot-6 Scott Chandler to go with Rob Gronkowski. With New England also adding Fred Davis to go with goal-line threat Michael Hoomanawanui, the team could add to its inside-the-20 proficiency after scoring 39 red zone touchdowns last season, a figure which was tied for the league high.
- Michael Vick‘s unemployment extending into the summer likely stems from his lax work ethic last season, reports Volin, who notes the former No. 1 overall pick barely looked at the Jets‘ playbook last season and yielded many of his practice reps to Matt Simms.
AEI Report Critical Of Ted Wells Report
Kevin Hassett, Joseph Sullivan, and Stan Veuger are criticizing the findings of the Ted Wells Report on deflated footballs in New England. The three authors’ work has been published on the website of the American Enterprise Institute–AEI. The New York Times also summarized this new report for their audience.
This report is timely, coming a little more than a week ahead of Tom Brady‘s appeal hearing. It could become more ammunition that exonerates Brady and the Patriots of wrongdoing, or at least generate enough doubt to help get his suspension reduced or eliminated, according to CSNNE.com.
AEI, which notably claims to have no financial stake in the findings our outcome, describes the original findings of Ted Wells to be unreliable. Among aspects of the case it calls into question, it rejects the idea that the Patriots’ footballs had a more significant drop in air pressure than did the Colts’ footballs in the first half of the AFC Championship game.
The new report also calls into question the process in which officials tested the footballs, saying that only four Colts’ football were tested at halftime as opposed to 11 of the Patriots’ footballs, and raises questions about the environments they were each tested in and the amount of gauges used before re-inflating them.
CSNNE.com notes that the AEI report on player injuries data on the heels of Bountygate helped a number of Saints’ players have their suspensions vacated in 2012, and hopes that Brady will be able to use this new information to his advantage when he meets with Commissioner Roger Goodell on June 23rd.
AFC Notes: Freeman, Steelers, McCourty, Anderson
Josh Freeman is trying to make the most of his opportunity with the Dolphins, but the quarterback understands that he could be on the outside looking in:
“We’ve got four quarterbacks on the roster and a limited amount of time,” Freeman told Shandel Richardson of the Sun Sentinel. “Some days, I might not get the reps in practice.
“I don’t think anybody can see the future. You don’t really think of those scenarios that haven’t really come up in your mind at times. I’m just taking it in stride. Whatever it becomes, I’m trying to make the most of it.”
When asked about this chances to make the team, Freeman had an honest outlook:
“I couldn’t tell you either way. The coaches are the decision-makers. All I know is I’m going to keep giving it my best, continue to improve and let the people whose call it is to make make the call.”
Let’s see what else is happening around the AFC…
- Keith Butler waited patiently a dozen years for his opportunity, but he’s finally the man in charge of the Steelers‘ defense. This offseason, the team did not renew the contract of Hall of Famer Dick LeBeau, giving Butler the opportunity to ascend to defensive coordinator. Prior to that, Butler had opportunities to be someone else’s defensive coordinator, as Dan Scifo of The Associated Press writes. “To me, if you’re going to coach in this game, you want to win a Super Bowl,” said Butler. “I always thought the best chance for me to win a Super Bowl as a coordinator would be (in Pittsburgh).”
- The Patriots lost several notable defenders this offseason, including veterans Darrelle Revis and Vince Wilfork, and that makes safety Devin McCourty the de facto “face” of the defense. Of course, the All-Pro defensive back would never admit that. “We have a lot of really good players on defense,” McCourty said to Jeff Howe of the Boston Herald. “Last year, a lot of guys stepped up and made plays, and I think that is going to continue to happen. I don’t really think we have a face. We have guys that have been here a longer time than other guys…There’s so much that goes into being a good team and a good defense that you can’t put it on one guy to be the so-called face of the defense.”
- Broncos running back C.J. Anderson signed a new contract yesterday, but it had nothing to do with his football career. The 24-year-old inked a sponsorship with Storm – The Bowler’s Company, essentially making the running back a professional bowler. “This could also be something after football,” he told Rod Mackey of Colorado’s 9News. “A lot of people pickup golf, I might be picking up bowling.”
Zach Links contributed to this post.