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Started By
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re: The NFL has upheld Tom Brady's 4 game suspension
Posted on 8/4/15 at 10:03 pm to tigerpimpbot
Posted on 8/4/15 at 10:03 pm to tigerpimpbot
quote:Sure. But some pretend that the NFL's due process is to the same standard as the one afforded by the Constitution, when we know that's not the case.
Except, that's exactly why there is due process.
Posted on 8/4/15 at 10:03 pm to OKtiger
Dammit
This post was edited on 8/4/15 at 10:04 pm
Posted on 8/4/15 at 10:15 pm to WestCoastAg
Now I know why the NFL wanted the transcript of the appeal hearing sealed. This is essentially a 10-hour embarrassment of the NFL led by Jeff Kessler.
Posted on 8/4/15 at 10:30 pm to OKtiger
quote:It would be easier to get the context with the actual analysis available. My interpretation of this statement is that under certain assumptions 8 of 11 footballs could have potentially deflated by other factors and could have had a within-limit starting point. That means 3 of the 11 do not have that benefit. I'm not really sure that it helps NE's case.
And, last, and this goes to the issue of alternative assumptions, as well as error, if the logo gauge was used to measure the Patriots’ balls before the game, then given what the framework that Exponent provides us with scientifically, and if the analysis is done correctly, eight of the eleven Patriots’ balls are above the relevant scientific threshold.
This post was edited on 8/4/15 at 10:32 pm
Posted on 8/4/15 at 11:01 pm to buckeye_vol
quote:
The NFLPA’s lawyer really lays bare how unscientific the NFL’s ball pressure measuring process is during his examination of Troy Vincent. He asks question after question about whether anybody considered things like which gauge to use, whether to measure the temperature, whether to record if the balls were wet or dry, and Vincent is forced to answer “no” to practically every question. Here’s a representative sample:
Q. And is it fair to say you did not tell anybody to record the temperature in the room at the halftime testing, correct?
A. No, sir.
Q. And nobody recorded the temperature in the room at the halftime testing, correct?
A. Not to my knowledge.
Q. Right. You didn’t tell anybody to record the exact time when different balls were tested at the halftime, correct?
A. No, sir.
Q. And to your knowledge, nobody recorded that?
A. Not to my knowledge.
Q. You didn’t tell anybody to record whether or not the balls were tested on the Colts before reinflating the Patriots’ balls or after? You didn’t instruct anybody to record that anywhere, correct?
A. No, sir.
Q. And to your knowledge, it was not recorded anywhere?
A. Not to my knowledge.
Does this help NE's case?
Posted on 8/4/15 at 11:06 pm to buckeye_vol
quote:
It is pretty clear to everybody (except Troy Vincent, we’ll get there) that the process of testing the footballs and the communication from NFL officials about it was an absolute clusterfrick. In fact, that’s one of the core arguments Chris Mortensen made to defend his erroneous report that 11 of the 12 Patriots footballs were under inflated.
The day after the AFC Championship game, NFL Senior VP Dave Gardi sent a letter to the Patriots stating that 11 of their 12 balls were under inflated, that one of them had as low of a PSI as 10.1, and that none of the Colts balls were under inflated. But as the NFLPA lawyer shows, and Vincent agrees, that this isn’t true:
Q. Okay. Let me ask you this. If you look at this letter on the second page, it talks about the fact that one of the game balls was inflated to 10.1 psi. Do you see that?
A. Yes, sir.
Q. Now, I am going to give you another exhibit, which is NFL 14. And you will see these are notes, I believe, that were taken when the testing was done. And you signed them in several places. If you will look at page 256, I think it’s the first time your signature appears; is that correct?
A. Yes, sir.
Q. And you signed this as a witness of the halftime testing; is that correct?
A. That’s correct.
Q. Okay. And if you look at the listing of the pressures that are written down for the Patriots’ eleven balls, none of them are as low as 10.1; is that correct?
A. That’s correct.
Q. Okay. So do you know why Mr. Gardi thought that a ball was as low as 10.1 when none of those measures were here?
A. No.
Furthermore, do you think this helps NE's case that the NFL botched the statistical analysis of the wrongdoing of Brady? They do not sound like they are making a solid argument here.
Posted on 8/4/15 at 11:09 pm to buckeye_vol
quote:
quote:
Except, that's exactly why there is due process.
Sure. But some pretend that the NFL's due process is to the same standard as the one afforded by the Constitution, when we know that's not the case.
But that's why the NFLPA goes to court because the NFL is trying to shite all over traditional notions of fair play and substantial justice. The PA gave Goodell so much power, but when push comes to shove under scrutiny Goodell's arbitrary penalties are stricken on the reg.
Posted on 8/5/15 at 1:56 am to tigerpimpbot
Found this interesting as well
Troy Vincent admitted that Brady was suspended by a rule that was not administered to the players. Basic labor laws say Brady can't be punished over the rule
But the NFL is trying to stick to the vague "conduct detrimental to the league" rule
Troy Vincent admitted that Brady was suspended by a rule that was not administered to the players. Basic labor laws say Brady can't be punished over the rule
But the NFL is trying to stick to the vague "conduct detrimental to the league" rule
quote:
While the NFL will argue that Brady was disciplined generally for conduct detrimental to the integrity of the game (indeed, that was the specific conclusion reached in the appeal ruling), the NFLPA will argue that labor law requires much more specificity and, fundamentally, notice as to what is prohibited. By way of comparison, if a player were deliberately and intentionally using stickum, he arguably would be engaging in conduct detrimental to the integrity of the game, he’d be subject to only a fine, because the negotiated fine schedule allows a fine of $8,681 for having a foreign substance on the body or uniform. And other equipment or uniform violations result in a fine of only $5,787 for a first offense.
quote:
The NFL hasn’t secured via collective bargaining the ability to impose a suspension for these types of “cheating” violations, even when the player is personally committing the offense. More importantly, the NFL hasn’t informed players that they can be suspended for such behavior.
This post was edited on 8/5/15 at 1:57 am
Posted on 8/5/15 at 2:01 am to wildtigercat93
Oh a Goodell flat out lies in the appeal report
quote:
To summarize, the ruling concluded that Brady testified that he didn’t speak to Jastresmki about the tampering allegations, which caused Goodell to disregard Brady’s denial of “awareness and consent” to the deflation scheme: “[T]he unusual pattern of communication between Mr. Brady and Mr. Jastremski in the days following the AFC Championship Game cannot readily be explained as unrelated to conversations about the alleged tampering of the game balls,” Goodell wrote at page 8 of the ruling.
quote:
But Brady testified — on multiple occasions — that he and Jastremski talked about the situation. And why wouldn’t they have talked? At that time, the NFL had told the Patriots that one of their footballs was measured at 10.1 PSI, ESPN had reported that 11 of 12 footballs were two pounds under the 12.5 PSI minimum, and the NFL had informed the Patriots that none of the Colts footballs measured below the 12.5 PSI minimum. Apart from the fact that each of these three contentions weren’t factual, they gave Brady plenty of reason to be talking to Jastremski, not to line up a lie but to try to figure out how someone could have taken so much air out of the footballs.
This post was edited on 8/5/15 at 2:02 am
Posted on 8/5/15 at 2:16 am to wildtigercat93
This looks horrible for the NFL.
Posted on 8/5/15 at 7:08 am to RollTide1987
Kessler destroyed the NFL.
Posted on 8/5/15 at 8:04 am to Jcorye1
frick everybody (especially Saints fans) who was rooting for a suspension despite knowing what we all know about Goodell - he's an incompetent and overly punitive assbag who constantly oversteps his bounds and bungles literally everything he touches. He's a walking contradiction (no alternate helmets for throwbacks bc of "player safety" but every team plays a TH game, 2 game suspension for criminally assaulting a toddler with a weapon, but lays a trap and suspends best QB in history FOUR games for something every team does). He should have resigned 2 or 3 times by now - hopefully this embarrassment and clear lie will finally force him out
This post was edited on 8/5/15 at 8:08 am
Posted on 8/5/15 at 8:16 am to wildtigercat93
quote:
they gave Brady plenty of reason to be talking to Jastremski, not to line up a lie but to try to figure out how someone could have taken so much air out of the footballs.
just deal with punishment Pats Nation. NYC judge will make it stick
Posted on 8/5/15 at 8:19 am to SirWinston
And another
Chef Kessler with the shot, boy
quote:
Question: “So prior to this game, okay, had you ever heard of the Ideal Gas Law?”
Vincent: “No sir.” Question: “Do you know if anyone in the NFL Game-Day Operations had ever discussed the impact of the Ideal Gas Law in testing footballs?”
Vincent: “Not with me.”
Question: “You had never heard to that?”
Vincent: “Never.”
This exchange demonstrates the pre-existing mindset of Vincent and others: If the balls are at 12.5 PSI before the game, they should be at 12.5 at halftime. If they’re not, and if we have an accusation from the Colts that the Patriots take air out of footballs, tampering must be the explanation.
Vincent’s testimony also confirms the lack of sensitivity to the relevant scientific principles via the steps taken (and not taken) when testing the footballs at halftime. For example, the temperature of the officials’ locker room at the time of testing wasn’t recorded. Whether the balls were wet or dry wasn’t recorded. Neither was the specific time each ball was tested, an important point since the longer a ball is back inside a warmer room, the higher the PSI will be. Most importantly, there’s no record of the sequence in which the balls were tested. It has been presumed that the 11 Patriots’ football were tested first — and then re-filled with air — before the Colts’ footballs were tested. This theory finds support via common sense, because the official version as explained in the Ted Wells report is that only four Colts’ footballs were tested because they ran out of time. (Some would say they stopped testing Colts’ footballs because three of four came in under 12.5 PSI on one of the two gauges used.)
Even after the testing occurred and the 11 Patriots’ footballs came in under 12.5 PSI, no one in the league office considered the dynamic that causes air pressure in car tires to drop in the winter.
At page 238, Vincent explains that he spoke to NFL senior V.P. Dave Gardi about the situation after the game, telling him “because the Patriots had eleven game balls that were under compliance, that this may — we may need to do potential further investigation.” Vincent said that “Dave and I and others on our staff, we came to the conclusion that we probably need to do some additional follow-up.”
“But at that time, you didn’t know that some of the reduction could happen just because or cold or wetness or other factors, right?” Jeffrey Kessler asked Vincent. “That just wasn’t something you were aware of, correct?”
“I didn’t include science, no, sir,” Vincent said.
With no one considering science, the initial assumption became tampering, as exhibited by the tone and content of Gardi’s January 19 letter to the Patriots. As this case continues to unfold, the errors in Gardi’s initial letter become more glaring. “In fact, one of the game balls was inflated to 10.1 psi, far below the requirement of 12 1/2 to 13 1/2 psi,” Gardi wrote, a clear and obvious misstatement of fact that reinforces the presumption of tampering. And while some have explained away his contention that “each of the Colts’ game balls that was inspected met the requirement set forth above” by pointing out that on one of the two gauges the Colts’ balls were in compliance, Gardi’s letter prefaces that statement by pointing out that “each ball” was “inspected twice with different gauges.” If, instead of launching that same night an investigation premised on proving that the Patriots had cheated someone had considered the notion that perhaps air pressure changes during games played in the elements, and if someone had immediately retained a scientist to examine the raw numbers under the conditions at Gillette Stadium that night, there’s a good chance that the conclusion would have been that the raw data is inconclusive at best on whether there was tampering. But the early presumption — fueled by incorrect information given by the NFL to the Patriots and false numbers leaked by the NFL to ESPN — was that tampering had happened. So science became an afterthought, an inconvenience to be dismissed in the official report that found “more probable than not” evidence of cheating instead of what it should have been: An explanation considered seriously and thoroughly by the league office before pointing a finger at one of the 32 franchises it serves.
Chef Kessler with the shot, boy
Posted on 8/5/15 at 8:23 am to wildtigercat93
Somebody on here made a great post about how Tagliabue would've handled this: he would've sent out a notice that until further notice the balls would be examined and kept quarantined until kickoff. Then he'd have quietly addressed in the off-season.
That's it - no laying a retarded trap in the AFC Championship Game, no suspending the best quarterback in NFL history for four games none of this public embarrassment no league incompetence on display for the entire world to see - Goodell is such a tool.
That's it - no laying a retarded trap in the AFC Championship Game, no suspending the best quarterback in NFL history for four games none of this public embarrassment no league incompetence on display for the entire world to see - Goodell is such a tool.
This post was edited on 8/5/15 at 8:25 am
Posted on 8/5/15 at 8:25 am to SDVTiger
quote:
just deal with punishment Pats Nation. NYC judge will make it stick
Yeah, I hate Goodell and generally root for Brady, but part of me wants to see the Pats rustled. However, I think Sir Winston has it right. You may be ticked about how Goodell has handled things with other teams, but that doesn't mean you should root for the Pats to get thumped. Your team might be next on the wheel of justice.
Any competent leader would have immediately squashed this. The only thing I can come up with is Goodell really didn't want it to look like he plays favorites and that this whole thing was an inside job in terms of administering light discipline. So, he went full re-re.
Posted on 8/5/15 at 8:27 am to Bunk Moreland
Why is everyone thinking Brady is not going to be suspended? This is a procedure appeal not right or wrong facts.
Posted on 8/5/15 at 8:32 am to sms151t
It just seems like any competent judge would rule that the NFL is violating its own punishment system it's a no-brainer
I think this will play out like the Charles Grant thing with the Saints it will be overturned in court suspension lifted, the NFL will appeal and this will drag on in the courts until after Brady has retired.
I think this will play out like the Charles Grant thing with the Saints it will be overturned in court suspension lifted, the NFL will appeal and this will drag on in the courts until after Brady has retired.
This post was edited on 8/5/15 at 8:35 am
Posted on 8/5/15 at 8:33 am to sms151t
quote:
Why is everyone thinking Brady is not going to be suspended? This is a procedure appeal not right or wrong facts.
And if found that the NFL violated the CBA, which they did, then the suspension will be lifted.
Labor laws bro.
Posted on 8/5/15 at 8:43 am to wildtigercat93
No offense Wildcat, you my boy and everything, but you have been wrong everytime you have predicted something
First you said there wouldnt be suspensions
Then you said Kraft was going to go to federal court and own the NFL
Then we had the thread on how the appeal would be overturned
Maybe, just maybe, by being a Patriots fan you are only reading the articles that paint Brady's corner in a good light
First you said there wouldnt be suspensions
Then you said Kraft was going to go to federal court and own the NFL
Then we had the thread on how the appeal would be overturned
Maybe, just maybe, by being a Patriots fan you are only reading the articles that paint Brady's corner in a good light
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