As we wrote earlier today, the appeal was heard in the Tom Brady #Deflategate case before a panel of the 2nd Circuit Court of Appeals in New York City today. The panel included judges Barrington Daniels Parker Jr. and Denny Chin, as well as Chief Judge Robert Katzmann.
Per multiple media reports, much of the questioning centered around Brady’s behavior, in particular the destruction of the cellphone. Jeffrey Kessler, representing the NFLPA and Brady, was reportedly peppered with questions regarding this as well as discrepancies in the record. For a good collection of tweets on the matter, see this NESN report by Doug Kyed.
The general sense is that the panel’s questioning was more favorable to the NFL than to Brady. A decision will be rendered at some point, but again as we wrote earlier that will not end the matter. Appellate decisions are notorious for taking quite a bit of time although the NFL’s lawyers requested an expedited decision.
Some of the more interesting observations.
Judge Parker on Kessler’s argument that Brady didn’t receive adequate notice: “This all strikes me as hypertechnical.”
— Ben Volin (@BenVolin) March 3, 2016
Judge Parker on Brady destroying his cell phone: “Mr. Brady’s explanation of that made no sense whatsoever.”
— Ben Volin (@BenVolin) March 3, 2016
Judge Denny Chin: “The evidence of ball tampering is compelling if not overwhelming.” — Ben Volin (@BenVolin) March 3, 2016
Judge Parker (toughest on Kessler today): “This is arbitration, it’s casual. It’s sometimes even down and dirty.”
— Daniel Wallach (@WALLACHLEGAL) March 3, 2016
Judge Parker to Kessler: “Anyone within 100 yards of this would have realized that the cell phone issue raised the stakes in this thing”
— Daniel Wallach (@WALLACHLEGAL) March 3, 2016
Judge Chin: “The evidence of the ball tampering here is compelling if not overwhelming.” (1 of 2)
— Daniel Wallach (@WALLACHLEGAL) March 3, 2016
Judge Chin: “How do we as appellate judges second-guess a four-game suspension?” (2 of 2)
— Daniel Wallach (@WALLACHLEGAL) March 3, 2016
If a full transcript becomes available, we will update this report.
The parties are certainly free to settle the matter and thereby control the resolution. What is reasonable in these circumstances is surely up for debate but we would respectfully suggest, as we have in the past, a reduction in the suspension as well as a hefty fine.
We will continue to keep you updated as the case progresses. You can follow Sharona on twitter at @SportsBySharona.
