The NFL and NFL Players Association had their second hearing in front of U.S. District Judge Richard Berman on Wednesday, and one very important theme seems to have emerged — the man who may end up deciding the Deflategate outcome doesn’t think highly of the Ted Wells report.
Berman, who is still working to push the two sides toward a settlement, was very critical of the NFL last week for not having any actual evidence to support claims that Tom Brady cheated. As Tom E. Curran of CSSNE.com notes, Berman once again reiterated his stance on Wednesday.
As (NFLPA attorney Jeffrey Kessler) stated that, “Player policies say you can’t be punished for being ‘generally aware,'” Berman nodded vigorously. Berman then asked, “Can Mr. Brady be fined under the equipment policy?”
Kessler answered, “Yes, but the ‘generally aware’ problem trumps that.”
Berman replied, “I read that and find that the ‘general awareness’ doesn’t relate to the Jan. 18 game,” to which Kessler said, “Outstanding observation.”
If you recall, Berman said in the first hearing that he doesn’t know what to make of the conclusion that Brady was “generally aware” that two equipment managers allegedly tampered with footballs.
“You have to show that conspirators intended to be in the conspiracy…,” Berman told NFL lawyer Daniel Nash last week. “Is there a meeting?”
Berman was also critical of the NFL for comparing alleged ball tampering to steroid use.
Berman: "I don't see how four games (for deflation, non cooperation) is comparable to using steroids and a masking agent."
— Stephen Brown (@PPVSRB) August 19, 2015
It’s important to remember that Berman is considered a mastermind at getting sides to settle. He has reiterated on numerous occasions that nothing he says during settlement hearings should be considered an indication of which way he would rule in the case, but it would be difficult to argue that Brady and the NFLPA haven’t come out of the first two hearings on top.
The NFL reportedly wants Brady to accept the findings of the Wells report as part of any potential settlement. Brady has already said under oath that he did not cheat and was not aware of any cheating. Moreover, it certainly seems like Judge Berman is not going to accept the findings of the Wells report, so why should Brady?
If the latest report we heard about Brady’s stance is true, the NFL might be wise to put an end to all of this madness. Berman does not sound impressed with the case the league has built.
