The New England Patriots have responded to the Wells Report and to the punishment issued by the NFL in a lengthy document published on a website entitled The Wells Report In Context. The response is almost 20,000 words long and includes links to the Wells Report itself along with a report by its own scientific expert, Professor Roderick MacKinnon, as well as a letter from T. David Gardi, Sr. Vice President of Football Operations for the NFL, dated January 19, 2015 where he outlined the investigation and its scope.
In our initial review of the information, we cannot help but note that that the response begins by relying heavily on its own analysis of the text messages between Patriots employees Jim McNally and John Jastremski. In particular, the report attempts to downplay the significance of McNally’s nickname “the Deflator” and indeed cites rather curiously to a long string of text messages, personal in nature, that also took place between McNally and Jastremski.
We say curious because the heavy use of these text messages, including the personal texts between the two, are strong and compelling evidence for why the Wells investigators asked for and indeed needed the communications of Tom Brady during this relevant time period. It is exactly this type of analysis the investigators would have utilized with the requested evidence which of course was denied to them because Brady refused to turn over his personal phone.
The response attempts to sidetrack this issue by pointing out that the text messages of these two lower level employees would include any and all communication between them and Brady which was recorded via text communication. This is absolutely true. It does not address that Brady’s own communications still might corroborate the nature of the communications.
Further, what the response ignores, and what has been largely ignored, is that this wasn’t simply an investigation into these two employees and their actions vis a vis Tom Brady. The investigation also involved the Patriots themselves and what knowledge anyone in the organization, including head coach Bill Belichick and owner Robert Kraft, had of the possible deflation and of Brady’s involvement in the same.
Thus, we find the following statement rather curious.
Its not a difficult stretch to believe Brady wasn’t text buddies with two lower level employees of the Patriots organization, particularly when you consider the nature of the personal texts between the two. Again, however, that is not the only question here. It is very reasonable to believe Brady had multiple text communications with high level members of the Patriots organization regarding the issue and those text messages could provide valuable information.
First, those text messages could possibly reveal what communications Brady did in fact have with these two level employees that did not take place via record-able method such as text. Thus the need to review Brady’s communications to determine if corroborating, or exculpatory, evidence was contained therein. On the contrary to the assertion above, all evidence and logic does not suggest this conclusion but again rather just the opposite.
Second, and as stated earlier, this investigation wasn’t simply about what took place between McNally, Jastremski and Brady. Also at issue was the complicity and knowledge of the Patriots organization as well. It is here that Brady’s communications not only are important but vital in determining any possible knowledge by those on higher levels.
It is very reasonable to assume Brady communicated via text message with higher level Patriots employees or those otherwise associated with the organization. Given that Brady’s reputation was at stake, as well as the reputation of the organization, we simply fail to see why better effort wasn’t made to provide some of this information. Indeed, the response itself goes above and beyond by providing personal communications between McNally and Jastremski.
We are still analyzing this response and will update our analysis as we have sufficient time to review and process the information. Check back to Pro Player Insiders for further analysis as we dig through this latest chapter in making lawyers wealthy. You can access all the documents here and find our previous take on the Wells Report here.
