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Tom Brady hearing in New York
Tom Brady and Roger Goodell are due in federal district court in New York Monday for a hearing regarding Brady's Deflategate punishment. The Globe's Ben Volin provides updates.
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Nash: But other evidence "clearly indicates Mr. Brady’s knowledge and encouragement of this activity." Such as texts after gameby Stephen Brown via twitter 8/12/2015 4:06:37 PM -
Nash: "The phone was destroyed. A factfinder, in this case Mr Goodell, it’s clearly reasonable to infer is further evidence of culpability"by Stephen Brown via twitter 8/12/2015 4:06:38 PM
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Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.by Stephen Brown via twitter 8/12/2015 4:06:39 PM
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Nash: "Under the legal standard you could not possibily say the conclusion in the commissioner's decision doesn’t have a basis in" CBA.by Stephen Brown via twitter 8/12/2015 4:09:02 PM
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BERMAN: "Somebody deflated the balls, but it didn’t help Mr. Brady. Does that matter?"by Stephen Brown via twitter 8/12/2015 4:10:15 PM
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Nash: "What matters is the commissioner’s thought on that. His judgement."by Stephen Brown via twitter 8/12/2015 4:10:30 PM
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Berman: From legal perspective: "You have to show that conspirators intended to be in the conspiracy...Is there a meeting?"by Stephen Brown via twitter 8/12/2015 4:12:02 PM
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Berman: "I’m not sure where the 'gate' (in #DeflateGate ) comes from. The Wells Report and the award relates only to one game."by Stephen Brown via twitter 8/12/2015 4:14:32 PM
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Berman: "What is the evidence of a scheme or conspiracy that covers the Jan. 15 game? I’m having trouble finding it."by Stephen Brown via twitter 8/12/2015 4:15:30 PM
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Now Berman turns to argument by Brady team that NFL rules say he deserves a fine, not a suspension. If it applies to players. #DeflateGateby Stephen Brown via twitter 8/12/2015 4:19:24 PM
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Nash cites Ray Rice suspension as evidence of Goodell's authority to dole out suspensions.by Stephen Brown via twitter 8/12/2015 4:21:20 PM
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Nash cites Supreme Court rulings. "When disputes like this are resolved, courts must defer to the arbitrator." #DeflateGateby Stephen Brown via twitter 8/12/2015 4:23:32 PM
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Now it's Jeffrey Kessler's turn. Brady's attorney. Berman urges him not to respond to Nash's statements to avoid spoiling settlement talks.by Stephen Brown via twitter 8/12/2015 4:24:27 PM
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Berman to Kessler: It looks like they...deflated the game balls? Why would either one of them do that without Mr. Brady’s consent?"by Stephen Brown via twitter 8/12/2015 4:26:15 PM
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Kessler: After all this money, all this investigation, he couldn’t get beyond…at least he was generally aware something may have happened."by Stephen Brown via twitter 8/12/2015 4:28:53 PM
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Kessler: "Even the NFL...does not try to contend any player can be disciplined for being aware of someone else’s conduct."by Stephen Brown via twitter 8/12/2015 4:32:43 PM
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Berman: Why did Mr. Brady not cooperate with the Wells investigation, with respect to providing texts?by Stephen Brown via twitter 8/12/2015 4:34:40 PM
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Kessler says Wells didn't communicate directly with Brady, establish expectation of punishment is he didn't cooperate.by Stephen Brown via twitter 8/12/2015 4:35:32 PM
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Kessler: "We’ve now put into the public record Mr. Brady’s personal issues about a pool cover that appeared on national television!"by Stephen Brown via twitter 8/12/2015 4:38:52 PM
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But Kessler concedes Brady should have conducted himself differently with Wells.by Stephen Brown via twitter 8/12/2015 4:39:14 PM
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Kessler has moment of clarity: Calls this "the most overblown issue" he's ever dealt with in his career.by Stephen Brown via twitter 8/12/2015 4:39:44 PM
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Kessler: "He gets phones all the time! Whenever he gets one, he gives (the old one) to his assistant and says get rid of the phone!"by Stephen Brown via twitter 8/12/2015 4:41:58 PM
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Best Kessler quote: "Maybe if my grandmother had wheels she’d be a trolleycar!"by Stephen Brown via twitter 8/12/2015 4:43:23 PM
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(He was making a point about the Wells Report being a fishing expedition.)by Stephen Brown via twitter 8/12/2015 4:43:51 PM
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Kessler says he plans to file one more opposition brief around Friday.by Stephen Brown via twitter 8/12/2015 4:46:11 PM
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Court is adjourned. Not clear if there is going to be anything more on the record.by Stephen Brown via twitter 8/12/2015 4:47:31 PM
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Glad to see so many people interested in the goings-on in SDNY. I was able to tweet that through a closed-circuit feed in the press room.by Stephen Brown via twitter 8/12/2015 4:50:25 PM
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Keep following for news that has absolutely nothing to do with the NFL! And read the @NYDailyNews .by Stephen Brown via twitter 8/12/2015 4:51:27 PM
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by Stephen Brown via twitter 8/12/2015 4:53:26 PM
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Open portion of settlement conference concluded. NFL Attu Daniel Nash cuffed around pretty good by Judge asking for direct evidence (1)by Tom E. Curran via twitter 8/12/2015 4:53:46 PM -
Brady hearing over after 2:15. No settlement, but more talks expected today. Lots of rehashing of positions. Due back in court in a weekby Ben Volin via twitter 8/12/2015 4:54:53 PM -
Union threw Yee under the bus for telling Brady not to cooperate. Made compelling argument that “generally aware” not a basis for punishmentby Ben Volin via twitter 8/12/2015 4:56:57 PM
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Court has broken, settlement talks continuing on litigation and negotiation. Judge said he has not made up his mind which side will prevail.by Adam Schefter via twitter 8/12/2015 4:59:39 PM -
Judge Berman has declared the public part of the hearing over, though he’s meeting separately with Brady and Goodell to continue settlement discussions in private.The public part of the meeting lasted more than an hour after an initial round of private meetings with each side.— The Associated PressRachel G Bowers, Producer 8/12/2015 5:01:27 PM -
Berman cautioned the parties that if they don’t settle, lawsuits and appeals can often take up to 2 years to decide. Yes, yearsby Ben Volin via twitter 8/12/2015 5:12:57 PM
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Goodell and lawyers for the league are meeting with a federal judge in private to discuss settlement talks.Brady waited his turn after the hearing.— The Associated PressRachel G Bowers, Producer 8/12/2015 5:28:14 PM
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Attorney Jeff Kessler admitted Tom Brady could have handled cell phone differently. But said it's "most overblown issue in 40 years of law."by Adam Schefter via twitter 8/12/2015 5:31:03 PM
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NFL lawyer Daniel L. Nash said there was ‘‘considerable evidence Mr. Brady clearly knew about this,’’ but he conceded there was no ‘‘smoking gun.’’At one point, Berman seemed to be trying to defuse the controversy, saying: ‘‘This Deflategate. I’m not sure where the ‘gate’ comes from.’’When the union got its chance to argue, the judge asked attorney Jeffrey L. Kessler why Patriots employees would deflate balls without Brady’s knowledge. Kessler said the union does not believe the balls were deflated, but, if they were, the employees believed it would help their quarterback.Brady and Goodell didn’t speak during the hearing, except to introduce themselves to Berman.Rachel G Bowers, Producer 8/12/2015 5:42:50 PM
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Looks like an anime drawing twitter.com/jeffisrael25/s…by Ben Volin via twitter 8/12/2015 5:43:18 PM
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Judge Berman seemed to poke some holes in both arguments. Likely part of his tactic to encourage a settlementby Ben Volin via twitter 8/12/2015 5:44:20 PM