All posts by Bob Snowdon

SportsLink TV round table moderator in VT 2000-2004 Play-By-Play Baseball/Football/Basketball Oldies DJ at Magic 98.5 in Columbia, SC 2008-2011 Diehard Boston Sports Fan Veteran, Cancer survivor. Now living in Fl.
New England Patriots, NFL

New England Patriots: Get Used To It

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After watching the Patriots win the 1st game of the 2015 season, and listening to all the whining after the game, I started thinking of various things Patriots fans need to get used to.

Some are good and some are a pain in the arse (early English phraseology), but they all come with being a fan of the most dominant franchise now playing in the NFL. I know that will be referred to by the naysayers as an arrogant statement, but it’s a fact!

That said, here’s my short list:

  • Get used to winning football games in the NFL (Check that off under the good category)
  • Get used to going to the playoffs every season and having a legitimate chance to go to the Super Bowl.

Other owners, coaches, players and fans may hate the Patriots for consistently beating up on their team, but hey, it’s a fact they need to get used to (you’d think they would already be there, wouldn’t you).

  • Get used to someone finding something in every game to claim the Patriots cheated and their team would have won if the game was played on an even playing field (Pick one: Coach, Owner, ESPN, Sportswriter of opposing team).

There are hundreds of examples available to choose from, but here are the most laughable:

  1. The always whining Colts complaining about deflated footballs after losing to New England 45-7 in the AFC Championship game last January. I’m sure they would have been more competitive if the Patriot’s hadn’t deflated their balls (pun intended).
  2. This week’s “two fer” special: Pittsburgh’s multiple excuses for losing the opener despite trailing the entire game.

(A) Head Coach Mike “The Tripper” Tomlin going off after the game about the headset issues in Foxboro

(B) Ben (I don’t know the rules, but this has to be illegal) Roethlisberger complaining because the nasty Patriots shifted while he was calling cadence on the 1-yard line causing his teammates to jump offside. We all know quarterback’s never try to draw teams offside with their cadence, right!

Don’t you just love Big Ben’s intelligent, well thought out, quotes after the game

C'mon guys, you all know the Patriots are cheating again (Photo: CBSSports.com)
C’mon guys, you all know the Patriots are cheating again (Photo: CBSSports.com)

“I thought that there was a rule against that,” “Maybe there’s not. Maybe it’s just an unwritten rule. … We saw it on film, that the Patriots do that. They shift and slide and do stuff on the goal line, knowing that it’s an itchy trigger finger-type down there.”

So, let me get this straight, the Steelers watched it on film prior to the game, knew it was coming…yet still fell for it. Damn those “cheating” Patriots.

So, did this respected franchise apologize for their lack of knowledge about who controls game time communications (the NFL) and their QB’s lack of knowledge on NFL rules…hell no! This is all they said:

“We have provided information to NFL representatives regarding issues that occurred Thursday night at Gillette Stadium with our coach-to-coach headset communications system,”  “The problem was addressed during the game and we did not have further problems in the second half. We did not file a formal complaint, nor do we plan to do so.”

3. Philadelphia owner Jeffrey Lurie’s statement that the Patriot’s 24-21 Super Bowl XXXIX victory over his inept team was “suspect.”

You know, he’s right, about that. His QB, Donovan McNabb, barfing during the game was obviously because the Patriots injected him with “sick stuff” prior to the game. And his Eagle coach’s terrible clock management at the end of the game just had to have something to do with the Patriots filming them…right!

Lurie’s comment, “there’s always been talk about (cheating) from the time the game finished and continued on until now. But I’ve moved way on since then.” Moved on? Moved on? Sure doesn’t sound like anyone’s moved on to me.

Raven's Coach John Harbaugh outcoached by Bill Belichick (Photo: turtleboysports.com)
Raven’s Coach John Harbaugh outcoached by Bill Belichick (Photo: turtleboysports.com)

I’m sure you readers can come up with many more. John Harbaugh’s lack of knowledge of the NFL Rule Book immediately comes to mind when he accused the Patriots (inaccurately) of using illegal formations in last years Raven’s playoff loss to New England. Tom Brady hit the nail on the head when he replied “Maybe those guys gotta study the rule book and figure it out…”

This is just a small sampling of the ridiculous ones, I’d like to hear your favorites. Drop them in the comments box and I’ll be sure to check them out.

So, Patriot’s fans, the excuses will continue as long as New England wins and other teams lose. GET USED TO IT. The big question is, would you rather have no complaints and the Patriots lose (you’ll notice none of these complaints arise when the Pats lose) or continue to win-win-win and just shrug it off when the losers whine and complain about how they didn’t really lose?

To me, that’s a no brainer. I’ll always be happier with a win, despite all the sore loser’s comments.

Disclaimer: This article is written by a lifetime Patriot fan, through the good years and the bad. Please hold off on the hate mail. Thanks

Follow me on Twitter @SnowdonBob

New England Patriots, NFL

New England Patriots: ESPN, The NFL’s Propoganda Machine, Strikes Again

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Just when there was an opportunity for things to quiet down and NFL fans could start concentrating on the actual games, the right arm of the NFL, ESPN, struck again. This time it is an article in ESPN The Magazine titled “Spygate to Deflategate: Inside what split the NFL and Patriots apart” and it’s intent is to, as REO Speedwagon sang in 1982, keep the fire burning.

Like the Wells report, it is filled with innuendo and will be read by millions as the “Gospel” according to ESPN, just as the 11 of 12 footballs being 2 lbs underinflated was taken as fact, despite being completely false.

The article, written by Don Van Natta Jr. (author of “First Off the Tee: Presidential Hackers, Duffers, and Cheaters from Taft to Bush”) and Seth Wickersham, Senior Writer for ESPN.com and ESPN is intentionally inflammatory with a multitude of objectives:

  1. Increase the readership of the magazine (understandable)
  2. Sensationalize “old” news
  3. Re-enforce the linking of Spygate and DeflateGate
  4. Show how the Patriots are different, in a bad way, from the other teams in the NFL.

Number four, the Patriots are different, is a fact…but not in the way as highlighted in this piece of “sensationalistic” journalism. The reason the article gives is New England has to cheat to do it. Let’s face it haters, they must have cheated in this day of free agency to become one of the most feared franchises in the history of the NFL. Forget the fact they have arguable the best QB (Tom Brady for those who don’t know) in NFL History and a coach that any other owner (ignore what they say, you know this is true) would love to have as Head Coach or their franchise.

There are no “sore losers” used in this article…except this gem:

 “Goodell didn’t want anybody to know that his gold franchise had won Super Bowls by cheating,” a senior executive whose team lost to the Patriots in a Super Bowl now says. “If that gets out, that hurts your business.”

Needless to say the always reliable N. Y. Post jumped on the bandwagon with this headline Spygate much worse than Belichick, Goodell divulged and Deadspin was even more definitive with Bombshell ESPN Report: The Patriots Were Huge Cheaters And Roger Goodell Covered It Up.  Once again the storm is brewing.

The Magazine, includes these “findings” to get readers interest and reignite the linking of Spygate and DeflateGate for those who like to believe the Patriots are different, in a bad way, from the other teams in the NFL.

  • From 2000 to 2007, the Patriots videotaped the signals of opposing coaches in 40 games
  • Goodell’s handling of Deflategate turned around owners still simmering over Spygate; some say he is now more secure in his job.
  • Deflategate is seen by some owners as a “makeup call” over Spygate.

ESPN’S Findings Are Nothing New

Let’s take the “findings” as just what they are…a hashed over repeat of what everyone already knew, but with a slant to add some sensationalism, enhance a now tarnished NFL image and put the New England Patriots back in the spotlight as the NFL bad boys (cheaters to quote the article: “Patriots’ coach, Bill Belichick, the cheating program’s mastermind”)

  • What they fail to mention is Spyhate (oops) was about where the Patriots were filming, not what they were filming.

I’m not going to rehash Spygate (which they did repeatedly in the article), but, will clarify a few misconceptions.

Fact: Videotaping opposing coaches is not illegal in the NFL but there are designated areas allowed by the league to do such taping. The Patriots were videotaping the Jets’ coaches from their own sideline which is not allowed. There is no question from anyone (including Patriot Nation) what they did was wrong, but stretching the facts to “imply” it was illegal to videotape opposing coaches at all is just flat wrong.

According to CSNNE’s Tom Curran’s article it wasn’t until a 2006 memo was put out by the league that anything in writing regarding sideline videotaping was specifically addressed

Ray Anderson, the league’s executive vice president of football operations to NFL sent a memo to head coaches and general managers. In it, he wrote: “Videotaping of any type, including but not limited to taping of an opponent’s offensive or defensive signals, is prohibited on the sidelines, in the coaches’ booth, in the locker room, or at any other locations accessible to club staff members during the game.” 

Belichick obviously ignored that memo and Goodell imposed the biggest fine ever on a coach and took away a first-round draft pick as a penalty for the first time in NFL history.

Owners “Make-Up” Call Inference

When the fines and draft pick were announced it was felt by all, including the owners, to be a stiff penalty. In fact, the stiffest ever in NFL history.  Revisionist history is the punishment is now being mentioned as a “favor” to Patriot’s owner Robert Kraft because of his friendship with the Commissioner. The integrity of Mr. Goodell was questioned (my goodness, not by the owners) because he ordered the destruction of the tapes and notes regarding Spygate…supposedly, because of his friendship with Kraft.

Question: If the owners felt strongly about his (Goodell’s) integrity then, why is he still commissioner now?

There’s a lot of discussion in the article about the owner’s emergency meeting on April 1, 2008 where Robert Kraft spoke (“witnesses would later say Kraft’s remarks were heartfelt, his demeanor chastened”), without naming any source (you know, that old first amendment protect your source reason that writers/publishers always use) describing the meeting as if the writers were there. Where’s the source? What great memories they all must have!

Love This One

It was, one owner says, time for “a makeup call.” Have to wonder who that one owner was and if that is what the one quote that lead to the “deflategate is seen by some owners (plural) as the make-up call for spyhate.

I could go on and on, as the ESPN-The Magazine article does, but then I would be doing just what I accuse them of….rehashing and sensationalizing “old news”

Disclosure: I am not an attorney and have been a follower of the New England Patriots since their inception in 1960.

Follow me on twitter @SnowdonBob

AFC, New England Patriots, NFL

New England Patriots: The Final Roster Is Never Final

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As the final cut down date in the NFL passes everyone tries to analyze who the Patriots cut and who “made the team.”  Before you set the roster in stone remember, there will still be some fairly significant moves before kick-off Thursday night against the Pittsburgh Steelers. It is rare (like never) that the original roster stays intact going into game 1. There’s a good chance that by the time you read this article moves will already have occurred.

Who Is Still At Risk?

Those currently still on the roster have outperformed others to reach this point…but, hopefully they won’t relax too quickly.  Before going out and buying that luxury SUV or sports car, many need to realize life in the NFL can be very short.

Chris Harper hauls one in against the Saints (Photo: Keith Nordstrom/Patriots.com)
Chris Harper hauls one in against the Saints (Photo: Keith Nordstrom/Patriots.com)
  • Chris Harper – WR: Reggie Wayne showed he doesn’t have it anymore and asked to be released before he was unceremoniously cut. Sorry Wayne supporters, but Bill Belichick doesn’t keep you if you can’t help and, if he felt Wayne would have, he’d still be a Patriot. With Brandon LaFell on the PUP list and not available until week 7, Harper is hanging on to that final spot. The 21 year old rookie free agent impressed everyone this pre-season, but it is likely at some point the Patriots will try to slip him through waivers and get him on the practice squad.
  • Dion Lewis/James White/Travaris Cadet – RB: LaGarrette Blount is suspended for the season opener, so the question is who gets the shot Thursday night to show he can fill the big shoes left by Shane Vereen’s departure.  When Blount returns, one or two of this trio will be gone, and right now it’s a crapshoot who should stay…and who should go. The surprise cut of fan favorite Jonas Gray left the door open.

To this point Cadet hasn’t been able to see the field because of injuries, White (a 2014 4th round draft pick) has looked better in his second camp and Lewis has risen to the top when given a chance.   The injury to James Develin really doesn’t impact this trio, but it did allow a longer look-see for the coaching staff. Right now the only power running back on the roster is Belichick favorite Brandon Bolden.

This Year’s Surprise Cut

Indianapolis, IN - 11/16/14 - (4th quarter) New England Patriots running back Jonas Gray (35) adds an emphatic pose after pounding his way into the end zone for a fourth quarter touchdown. The New England Patriots take on the Indianapolis Colts at Lucas Oil Stadium in Indianapolis, IN. - (Barry Chin/Globe Staff), Section: Sports, Reporter: Shalise Manza Young, Topic: 17Patriots-Colts, LOID:7.4.3659348687.
Bye-bye Jonas Gray, we hardly got to know you(Barry Chin/Globe Staff)

Bill Belichick is known for his “surprise” cuts and this year’s edition was Jonas Gray. After last year’s dazzling performance against the Indianapolis Colts, Gray literally disappeared and Blount came back to town. Most predicted he was a lock this year, but it looks like he never really escaped Belichick’s doghouse.

Don’t be too shocked if there are more moves to come as the team brings possible additions through the swinging doors at Gillette Stadium. Moves in the secondary still seem likely to occur and the fate of many will be in the hands of the best Head Coach in the NFL. The good news is, no matter what, the Belichick-Tom Brady connection is still intact and ready to punish the doubters.

Follow me on Twitter @SnowdonBob

New England Patriots, NFL

New England Patriots – NFL: Judge Berman’s “No Deal” Is No Surprise

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The good news is we could have Judge Richard M. Berman’s ruling in Tom Brady’s four game suspension, you know, “deflategate,” before I actually get to publish this article. After Monday’s meeting he said he will have a decision by Friday and possibly as early as Tuesday.

The bad news is, no matter how the Judge rules, odds are we won’t be through hearing about this fiasco for another year or more.

Judge Berman: “We did not reach a settlement. … In some cases, it doesn’t happen and this is one of those cases.”

In an abbreviated meeting Monday (8/31) between the attorney’s for the NFL and those for Tom Brady and the NFLPA, Judge Berman gave up. Yup, no matter how hard he pushed for a negotiated settlement neither party was willing to move enough (or at all) off their original position to bring about closure.

All the big guns were there for both sides, including NFL Commissioner (King) Roger Goodell, John Mara (chairman of the NFL Management Council Executive Committee), Tom Brady, Jay Feely (a member of the union’s executive committee) and a horde of Attorneys charging huge $$$$$$$$$. Could anyone really expect a last minute miracle? Not only no, but hell no!

Feely, speaking for the NFLPA outside the courthouse after the meetings, had this to say:

“For us it reinforces the desire and the need for an independent arbitrator in these matters of personal conduct,” … “But we understand Tom’s position and I think the process will work itself out.”

S-L-O-W Is Where We Go Now

No matter what he rules in the next few days, it is highly likely the loser will appeal the decision…and, when that happens, things slow to a crawl. If you think it’s been forever to get to this point your patience is about to be drained.

Judge Berman fast tracked this ridiculous case through his court with the hope he could force a settlement, but the higher courts have more important things to do than to rule on deflated football theories and they will take their time. You can be sure Berman will write his decision carefully to avoid being overturned.

Per Michael McCann of Sports Illustrated An appeal might not be decided by the U.S. Court of Appeals for the Second Circuit until next summer, meaning Brady could lose this round in court but play the entire 2015 season without disruption

Nothing New

So, nothing has changed from all the discussions everyone has had and, no matter what anyone says…once again…don’t believe anything you hear until the Judge issues his ruling. We’ll be writing a lot more about the silliest court action ever (should work it’s way into Ripley’s Believe It Or Not) once we hear what Judge Berman decides.

Follow me on Twitter @SnowdonBob

 

Carolina Panthers, New England Patriots, NFL

New England Patriots: Finally A Game That Means Something

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The first two pre-season games mean little to nothing.  They are an opportunity to shake the tree and see what falls out that may be a surprise among the newcomers.  The experienced vets play little and undrafted free agents and draft picks get their opportunity to catch the eye of the coaching staff…and most of all Head Coach Bill Belichick.

Now game three…that’s a different story!

New England vs Carolina: Finally A Game That Means Something

Pre-Season Game 3

Friday night’s Patriots’ game at Bank Of America Stadium in Charlotte, NC is important for many reasons. It will give fans their first chance to see most of the veterans in action and evaluate how things are expected to evolve when the season starts against the Pittsburgh Steelers on Thursday, September 10 at Gillette Stadium.

What to watch for Friday night:

  • How much playing time Patriots’ QB Jimmy Garoppolo gets with the first team unit against the Carolina Panthers first
    Luke Kuechly grabs Rob Gronkowski in the famous last play non-call loss (Photo: sanfrancisco.cbslocal.com
    Luke Kuechly grabs Rob Gronkowski in the famous last play non-call loss (Photo: sanfrancisco.cbslocal.com

    team. Although most teams don’t “game plan” for preseason match-ups and keep things pretty vanilla this will be a true test against an always strong Panther defense featuring former Boston College Eagle Luke Kuechly. Last season the Middle Line-Backer was voted to the Pro Bowl and selected to the NFL All-Pro First Team for the second consecutive season.

Although Garoppolo took a huge step forward in last weeks comeback win against the Saints, every Patriot fan in the world is hoping Tom Brady is the starting QB when the opening bell rings. That said, the Patriots have to be ready if his suspension is upheld and Belichick is the best in football having his team prepared for every contingency. Sure Tom Terrific will play in this game and may get the majority of snaps…but this will be the only chance Garoppolo has to play with the offensive unit that will start the season and against an opponent who will also be using most of their “A” units on both defense and offense.

  • By 4 p.m Tuesday (9/1) all clubs must cut their rosters to 75 players on the active list.

That means many of the names you see on the current team roster will be gone shortly after this game. Those on-the-bubble players will be showcasing their talents in hopes they catch the eye of another team.  With limited playing time in this game they have to make every minute they are on the field count.

  • This will be a test of the evolving Patriots’ secondary and defense.
Malcom Butler makes the play in pre-season vs New Orleans (Keith Nordstrom Patriots.com photo)
Malcom Butler makes the play in pre-season vs New Orleans (Keith Nordstrom Patriots.com photo)

When starters have played against starters this pre-season (a small sampling at best) the Patriots secondary has been (I’m being kind here) challenged and, with the exception of Malcom Butler, have not met that challenge very well. Both the Packers (Game #1) & Saints (Game #2) seemed to march up and down the field with ease. On the positive side, as has been the case throughout most of the Belichick years, the team seemed to suck-it-up once the opponent got inside the Pats 20 yard line. The healthy return of Dont’a Hightower and Jerod Mayo will be critical to this years defensive unit along with the addition of Jabaal Sheard and continued development of Jamie Collins. 

  • Gronkowski, Chandler and Wayne could see playing time

For the first time we could have a good look at Scott Chandler as he teams up with Rob Gronkowski.  Add in the possible sighting of newcomer Reggie Wayne and it could make for an interesting mix despite the continued absence due to injury of Julian Edelman and Brandon LaFell. The playing time for Chris Harper will also be an indication of his likelihood to stick with New England while so many WRs are still hurting.

  • The annual shuffle on the offensive line continues

The return of Ryan Wendell should help quiet down the jitters of rookies Tre’ Jackson and Shaq Mason, who have both shown promise but also weaknesses that need to be worked on.  With Nate Solder and Sebastion Volmer back and the continued development of second year center Bryan Stork this unit should start to jell shortly.

  • The Shane Vereen question

As training camp started most (myself included) experts (did I just refer to myself as an expert? Surely not!) felt the Patriots would be hard pressed to replace the 3rd down efficiency of Shane Vereen.  Although his replacement has not yet been determined, a few leading candidates have stepped up and made themselves known. Last years 4th round pick, James White, has taken a gigantic leap in his second camp and is the favorite to step into the role. Keep a close eye on 24-year-old Dion Lewis who has bounced around since being a 5th round pick by Pittsburgh in the 2011 draft. He was out of football last year (leg injury) but has displayed some explosiveness, especially last week against the Saints.

Other developments will occur during the game, so enjoy this one all the way to the end.  Next week  the “locks” will sit while the bubble players will get most of the playing time before final cuts are made. The 1st and 4th games are usually the sloppiest and hardest to watch, so it’s nice to finally have a game that means something!

Follow me on twitter @SnowdonBob

Keep up with all your NFL news right here at goallinegazette,com 

New England Patriots, NFL

New England Patriots: Lots Of Questions, Few Answers

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We’ve now reached the halfway point in the pre-season (1-1) after the Patriots defeated the New Orleans Saints 26-24 Saturday night behind Jimmy Garoppolo…and few of the Patriots questions have been answered. Let’s take a quick look at where the team stands as regular season quickly (yes, I’m smiling) approaches.

Jimmy Garoppolo

Jimmy Garoppolo leads Pats to comeback win vs The Saint (Photo: Keith Nordstrom/NewEnglandPatriots.Com)
Jimmy Garoppolo leads Pats to comeback 26-24 win vs The Saint (Photo: Keith Nordstrom/Patriots.Com)

The jury is still out (oops, bad choice of words there) on Jimmy G. At times he looks like the QB of the future. Saturday night’s scramble leading to a TD pass as the 1st half wound down is an example of him at his best. Unfortunately, in the same game, his interception was an obvious mistake that hopefully he will learn from. As highlighted in the Patriots.com post game Game Notes– “When he came in to replace Tom Brady he executed a two-minute drill prior to halftime and completed 5-of-5 passes for 65 yards, including a 24-yard touchdown pass to WR Chris Harper.

Patriot fans need to take a step away from the immediacy of the team need (re: Brady possible suspension) and realize this is just his second year in the NFL. Very few QBs are instant successes and the growing pains can be frustrating for both the player and the rabid team followers.

“Last week the pressure got to me a little bit, and it’s never good to get sacked or hit that many times,”

Defensive Secondary

The only things that seem certain at this stage are:

  • All the worry when the Patriots lost Revis Island, Kyle Arrington and Brandon Browner was justified
  • Malcolm Butler still seems like the real thing. His limited play in the pre-season games is an indication Head Coach Bill Belichick has seen enough of him in practice to feel confident in him and needs to look at others in game situations. How things have changed for Butler since “the play”, going from a question mark that others gave up on to the Patriots best corner!
  • CB Tarell Brown made his Patriots debut after missing the first preseason game against Green Bay with mixed results
  • Devin McCourty, an above average safety, is a below average CB. He has acknowledged he isn’t comfortable at his old position.

Commenting on his play Saturday night in New Orleans he was honest (tsk, tsk, a Patriot player actually saying something) when he said “It didn’t feel great and I don’t think it looked great.” He also acknowledged he doesn’t have much say in where he plays “You can’t control where you play. Everyone’s playing a position for the team, and overall, what’s best for the team. I don’t think what you think or feel matters.”

Devin McCourty breaks up a pass intended for Brandon Coleman in the first half of Pats win (Bill Feig-AP)

Offensive Line

  • Like last season at this time, the offensive line is still a work in progress. The return of Sebastion Volmer and Nate Solder to game shape will give rookies Shaq Mason and Tre’ Jackson a chance to breathe as they adapt to the speed of the NFL.  Neither Mason nor Jackson has yet made that step-up expected of them, but give them time as both show promise and are still learning the game at a whole new level. The hope is that the unit jells as the season progresses, as they did in 2014.
  • Saturday night rookie free agent David Andrews made his second straight start at center

Receiving Depth

Chris Harper against the Saints (Photo: Keith Nordstrom/Patriots.com)
Chris Harper against the Saints (Photo: Keith Nordstrom/Patriots.com)
  • With wide receivers dropping like flies my early optimism for this year is quickly getting clouded with question marks. Brandon LaFell still hasn’t played a down, Brian Tyms may be out for the season with a foot injury, Aaron Dobson’s return to health was an illusion, Josh Boyce continues to shine in practice and disappear at game time. Key players (Julian Edelman-injury/Rob Gronkowski/Scott Chandler-injury) continue to watch from the sidelines, so it is hard to have a true evaluation of just how strong/weak the Pats are, but rookie Chris Harper has taken the ball and run with it in their absence. Seven year veteran Brandon Gibson has looked good, but also was injured late in the game.

The depth looks so bad now that Mike Reiss wrote in his Sunday column “If (Kenbrell)Thompkins doesn’t stick with the Raiders, I could see the Patriots having interest in his return” In addition the Pats reportedly brought Reggie Wayne in for a physical (read my Reggie Wayne article written just before Training Camp)

There’s more, but that’s enough for now to keep fans thinking. No panic, but concern, is in the air. Just keep thinking, Bill Belichick is the best Head Coach in the NFL and he finds ways to win. That’s a fact that can’t be denied.

Follow me on Twitter @SnowdonBob

New England Patriots, NFL

NFL – New England Patriots: Why The NFL Hasn’t Budged In Deflategate/Smart or Dumb?

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Not that those presenting their case for the NFL seem to care, but Judge Richard M. Berman obviously still doesn’t buy into their case against Tom Brady. He has done everything but hit them over the head with a baseball bat and they have continued to stick to the “We did it because we can” defense…and I have to admit, either they are very smart (confident) or really dumb (over-confident.)

Why does the NFL stick to their story?

In my humble opinion it’s simple, the Supreme Court is very strict in their interpretation of what powers a Judge has in cases involving arbitration and has been known to overturn a Judge’s decision. Using the MLBA vs Steve Garvey ruling as a possible basis, the NFL feels if Judge Berman rules in favor of the NFLPA (Tom Brady) the Supreme Court will overturn his decision. And guess what? They may be (gulp) right. Many of the points the Supreme Court listed in their finding in that case are, for Patriot fans, a little scary.

You can read the entire opinion by clicking on the green highlighted section above, but it is long and written in legalize with a ton of footnotes. To save you that problem here are some points that may give the NFL lawyers hope, and should worry Patriots’ fans no matter what the Judge rules.

Like Tom Brady, Steve Garvey spent a lot of time in court in 1982. He lost when the Supreme Court over-ruled the Judge
Steve Garvey, another “nice guy,” spent a lot of time in court. He lost when the Supreme Court over-turned the Judge’s decision

SUPREME COURT HIGHPOINTS IN MLBA VS STEVE GARVEY

  • The court voted 8-1, in an unsigned opinion, that courts have only limited power to review the decision of arbitrators
  • …established law ordinarily precludes a court from resolving the merits of the parties’ dispute on the basis of its own factual determinations, no matter how erroneous the arbitrator’s decision
  • The Court of Appeals usurped the arbitrator’s role by resolving the dispute
  • No serious error on the arbitrator’s part is apparent in this case. The fact that an earlier panel of arbitrators rejected the owners’ testimony as a whole does not compel the conclusion that the panel found Smith’s specific statements with respect to Garvey to be false
  • The arbitrator’s analysis may have been unpersuasive to the Court of Appeals, but his decision hardly qualifies as serious error, let alone irrational or inexplicable error.

So, now that you know where the NFL is coming from, can Judge Berman issue a ruling that won’t be overturned if he rules in favor of the NFLPA (Tom Brady)? And the answer is…(drum roll please)…no one knows for sure.  Yup, no matter how much you read about the Judge bashing the NFL now, he is a very smart man and does not want his credentials challenged and his ruling overturned by the Supreme Court.

JUDGE BERMAN MAY HAVE “THE SMOKING GUN”

Judge Richard M. Berman enters the courtroom- (photo Don Emmert/AFP/ Getty Images)
Judge Richard M. Berman enters the courtroom- (photo Don Emmert/AFP/ Getty Images)

While everything above explains why the NFL is so confident, Judge Berman should have them concerned with some of his points from Wednesday’s hearing.  How about this for starters:

  • Judge Berman questioned why NFL executive vice president Jeff Pash wasn’t available to NFLPA lawyers during the suspension’s appeal.  Berman went on to point out that there was precedent for a penalty to be rejected on such grounds.

Could that be the “smoking gun” everyone has waited for? Most expected the NFL to have more evidence and produce their “smoking gun,” but instead they may have shot themselves with their arrogance in this case. Maybe, just maybe, Judge Berman has found the link to not getting his decision overturned.

A few other points that Judge Berman had trouble with, and there were many:

  1. Berman called it a “quantum leap” when it came to Roger Goodell’s reference to what Brady allegedly did being compared to performance enhancing drugs. – See more at: http://www.patsfans.com/patriots/blog/2015/08/19/nfl-takes-some-big-hits-wednesday-in-court/#sthash.atVN6RCd.dpuf
  2. “How are deflating footballs and not cooperating with the commissioner legally comparable to steroid use and a masking agent?”
In other words, he still doesn’t buy into the NFL case. He has set up another hearing, this time to include Commissioner (King) Goodell and Brady, for August 31 and dropped the bombshell that he isn’t certain he will have the decision written by the original September 4 target date.
Let’s be honest, it’s a long way from over. The question I haven’t seen answered is, can Judge Berman issue a “stay” on Brady’s suspension if he doesn’t reach a decision in time for the regular season?
As I have often stated in the past, I am not an attorney, so my assessment of the information is strictly as a layman and my opinions only. The items in quotes are directly from legal documents which help lead my to my conclusions. Oh, by the way, I’m also a lifelong Patriot fan and acknowledge that upfront…so please hold on the hate mail. Thanks

Follow me on Twitter @SnowdonBob

New England Patriots, NFL

NFL-New England Patriots: Will Brady Retire Before Deflategate Is Resolved?

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I have just about convinced myself that neither the NFL (Roger Goodell) or the NFLPA (Tom Brady) are willing to move enough to settle their differences. At this stage it really doesn’t help either side to settle.

  • The NFL would look stupid (gee whiz, ya’ think?), after fighting for this long, to suddenly acknowledge the flawed Wells’ report was…well, flawed!
  • The NFLPA (aka Tom Brady) would have to admit guilt if they accepted any penalty other than a fine, and Mr. Brady has stated from the beginning he “did nothing wrong.”

GUNS A BLAZIN”

Guns A Blazing (photo: genius.com)
Guns A Blazing (photo: genius.com)

Both sides came out firing and emptied their weapons Friday, leaving little doubt they are still at war. When you read their filings you get the definite impression Judge Richard Berman is not going to get what he’s looking for when they gather again in his war room…oops, courthouse. The rhetoric is strong and if you haven’t seen it, here are a few excerpts from the filings.

  • NFLPA: “At every turn, the NFL misstates the record-from the discipline that was actually imposed”… “…to the Award that was actually rendered (which ignores-not “distinguishes” – settled law of the shop and the binding Peterson decision), to undisputed arbitration evidence (even the NFL does not deny Brady’s lack of notice – the League merely tries to explain it away). “
That was just the beginning, the filing also stated:
  • “The NFL’s seismic shifts are nothing short of breathtaking, “
  • “…the “independent” (Wells’) Report has now been relegated to “thorough,” the “independent” law firm has been relegated to “experienced and highly respected professionals,” and the whole façade of “independence” has been relabeled as “irrelevant.”

I won’t bore you with a lot of the legal language of the filing, but thought this one summed up the NFLPA’s stance in a nutshell

  • (The Award) is more a smear campaign than reasoned decision-a propaganda piece written for public consumption, at a time when the NFL believed the transcript would be sealed from public view, to validate a multi-million-dollar “independent” investigation”

In other words, liar, liar, pants on fire. I don’t know about you, but where I come from those are fightin’ words pardner and, if nothing else, Commissioner Goodell has always been ready to fight, despite his losing record and no matter how much it costs.

Not to be outdone, the NFL lawyers retaliated with a bombshell of their own when they filed later that day. How’s this for headline news:

Well now, we have definitely escalated from “generally aware” to actual pay-off huh? That doesn’t sound much like settling language to me. Of course, there’s still no direct evidence of this, but so what? As the old Wendy’s commercial asked “Where’s The Beef?”

Asking the NFL to play Where's The Beef?
Asking the NFL to play “Where’s The Beef?”

HOW LONG CAN THIS GO ON?

If (and they will) the losing party appeals whatever the judge’s decision is we are talking years, not months. Tom Brady has stated he wants to play for 7 or 8 more years (good luck on that Tom), but what happens if he retires before all the appeals are heard and ruled on?  Think about this:

  1. Would all this have been for nothing?
  2. Could the courts, the NFLPA, the NFL and all the football fans in the world finally relax and forget about this much-ado-about-nothing case?
  3. Will Roger Goodell continue as NFL Commissioner at a multi-million $$$ salary (sorry Pats fans, but the answer to that is yes)

Is anyone really optimistic that a settlement will happen after reading this? You have to believe even Judge Berman is doubtful. He once again grilled the NFL Wednesday yet they are sticking to their guns on four games. No room to negotiate when one side is ignoring the Judge!  A roomful of lawyers and a judge, sounds like a new TV series to me!

To read both filings, click on the green highlighted text, go to your favorite reading room (in my case the bathroom) and set aside a few hours. It took me about that long to read/re-read it all and I still don’t get all the legalize.

As I acknowledged in my ” The Judge Doesn’t Buy It” column, this was written with my own bias as a lifelong Patriots fan, so please hold off on the hate comments. Thanks.

Follow me on Twitter @SnowdonBob

New England Patriots, NFL

New England Patriots: Judge Berman Doesn’t Buy It

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Let me start by saying I was (gulp) wrong. Now if only NFL Commissioner Roger Goodell would just say the same thing and Tom Brady would apologize for not being “cooperative” we could all start talking about football instead of the legal garbage. Unfortunately, that’s too simplistic at this stage.

In my recent article on “Deflategate”, published before Wednesday’s conference between Judge Richard Berman, the NFL legal team and Tom Brady’s attorneys I mistakenly said this isn’t about whether Brady knew about the deflation of the NFL’s balls.  

The inaccurate Chris Mortenson NFL
The inaccurate Chris Mortenson NFL “leak” that drove football fans to a frenzy

Judge Berman, to the NFL’s chagrin, quickly dispelled that notion when he grilled NFL Attorney Daniel Nash about the proof of Tom Brady’s involvement in a conspiracy. And, (use your Gomer Pyle voice please) “sur-prise, sur-prise” …the Judge doesn’t understand how the NFL made their case in “Deflategate.” Here’s what he asked Nash:

“What is (the) evidence of scheme or conspiracy that covers the January 18 game? I’m having trouble with that.”

The NFL’s “So What” Defense

Yup, he went down that road despite everyone’s understanding that the legal issue was whether due process was given properly. And guess what the NFL Legal Team’s answer to just about every question was? You got it, the Collective Bargaining Agreement (CBA) signed off on by the players, including Mr. Brady, states the Commissioner can make the decision based upon his judgement…in other words the nah, nah, it doesn’t matter whether he is proven guilty or not defense.

I acknowledge I may have (OK, did) made the NFL look guilty of any real conspiracy by highlighting the most explosive part of the hearings. Judge Berman did state he still hadn’t made any decision on the case, so not to read too much into the questions he asked…but c’mon. “I’m having trouble with that“ sure sounds like he isn’t buying into why this has arrived in his court.

The judge questioned both sides and asked most of the questions fans, both pro and con Brady, have asked for going on seven months now.

  • Is there a solid link between Brady and any “direct evidence” connecting Tom Brady to the balls being tampered with?
  • Is there an e-mail tie between John Jastremski, the equipment assistant, and Jim McNally, the officials’ locker room attendant on that infamous day.

Dash’s reply, “no,” but (to paraphrase the rest) there’s enough circumstantial evidence to link Brady. Also see the “So What” defense above. At the meeting Brady’s attorney, Jeffrey Kessler, acknowledged that the Patriots’ QB wasn’t completely innocent in the Deflategate fiasco by not fully cooperating with the investigation on the advice of his agent Don Yee. That seemed like a first step in the right direction.

BEHIND CLOSED DOORS

Now that we have the sensational headline out-of-the-way, the question becomes what went on behind closed doors? No matter what you see, hear or read…don’t believe it until a final agreement is reached or (oh no) it goes to court. Everyone (except me, of course) has highly informed secret sources who can’t be revealed because of privacy agreements (you know, freedom of the press) and “leaks” will occur…but until it comes from the horse’s mouth (sorry Judge Berman, didn’t mean to call you a horse) don’t buy into anything!

The parties continued to meet in private until after 7PM Wednesday. That’s a long time to not do anything, provided nothing was accomplished. Now it’s my turn to speculate that, if the NFL insists on Brady accepting the accuracy of the Wells report (as rumored) this case has a long, long way to go.  If however the NFL is willing to exclude that caveat there is some wiggle room.

The problem remains that no matter how many people poke holes in the report the NFL adamantly refuses to budge. Why, oh why, would Tom Brady now say he’d accept the report and acknowledge he lied under oath and set himself up for even more ridicule? It’s not going to happen…in my humble opinion.

SO WHAT NOW

Although both Brady and Goodell were present, they both let their legal counsel do all the talking after introducing themselves to the court. What happens next is up to the NFL (Goodell) and NFLPA (Brady) while Judge Berman awaits for the next get together, scheduled for August 19. He has flatly told them that they must have meaningful settlement discussions and wants them to make progress between now and that conference. Will that occur? Both sides will have to make some major concessions if a settlement is arrived at…and dammit, that’s highly unlikely.

Who Me? (Photo from youtube.com)
Who Me? (Photo from youtube.com)

All the opinions in this article are mine and have been influenced by my skewed look at things through the eyes of a lifelong Patriot fan. I admit it, so please, hold back on the hate comments.

Follow me on Twitter @SnowdonBob

New England Patriots, NFL

NFL: High Noon For The NFL & NFLPA In Deflategate

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Roger Goodell & Tom Brady (Feature Photo: sportige.com)

Could things actually be coming to a head in deflategate? It’s getting tense. The sides have challenged each other to  a showdown at high noon (actually the meeting starts at 11AM, but it will be “High Noon” before the battle truly starts) Wednesday before Judge Richard Berman and it seems neither side has budged. Whispers have circulated that the sides have met, but no solid evidence (evidence…who needs evidence?) has been leaked, so who knows what discussions have led to.

Commissioner Roger Goodell is taking congratulations for sticking to his guns from some, while others are unhappy with how this has dragged on…and on…and on.  When Tom Brady’s camp released transcripts of the appeal hearing held in the commissioner’s office the NFL took a hit…but they are still defending their position.

A confident Roger Goodell (Photo: ora.tv.com)
A confident Roger Goodell (Photo: ora.tv.com)

The NFL office is crowing that they are sticking with their original decision to suspend Brady for four games, while the National Football League Players Association (NFLPA) is saying they won’t accept any suspension. Now the question becomes, is this just posturing or are we going to see some real movement when everyone is sitting in front of the Judge? Was any movement made over the past few weeks?

WHAT TO EXPECT

It’s anyone’s guess what will actually happen when they all get together, but Judge Berman has been adamant that he wants things resolved before it goes to court.  In fact, both sides and the Judge have acknowledged they want everything resolved before September 4, the start of the regular season.

Judge Richard Berman will be pushing both sides to settle
Judge Richard Berman will be pushing both sides to settle

There’s a good chance Judge Berman will give some sign of what he is looking for at the first of the two scheduled meetings (Aug. 19 for meeting #2) before him. In his words he expected the sides to “engage in comprehensive, good-faith settlement discussions prior to the conference” this Wednesday.

“Let’s see what we can accomplish at that conference.”

It’s obvious the judge has taken a stance and expects some action at this meeting. The media is going to be present and the opening statements are open to the public. After that, Judge Berman will control how things go. The thing to remember is, this isn’t about whether Brady knew about the deflation of the NFL’s balls (oops – sorry about that), but is to decide whether the NFL followed proper procedure and allowed the Patriots’ QB to have “due process.”

THE TWILIGHT ZONE

Welcome to the Twilight Zone
Welcome to the Twilight Zone

 Football fans are beginning to feel like they are in the “Twilight Zone” as this case just keeps on going with both sides digging in their heels. Here’s a quick summary of some of the latest positions:

  • The NFL lawyers are contending that as part of the Collective Bargaining Agreement the players agreed to abide by any ruling from the Commissioner
  • The NFLPA is stating there is no precedent for Commissioner Goodell to hand out a suspension without players being aware that their action would be subject to such a penalty.
  • The NFL is now saying they were under no obligation to have an “independent” investigation (Well’s Report) under the CBA
  • The NFLPA is quoting excerpts from the Commissioners many statements assuring the investigation that the Wells report was an independent investigation. The NFL has now backed off that claim and basically said “So What?”

Here’s hoping that by week-end we’ll have a sense of whether this is about to end…or if we are still in store for more litigation.

Follow me on Twitter @SnowdonBob