Patriots’ Brady Beats Deadline, Files Appeal Of ‘Deflategate’ Suspension

NFL Has 10 Days To Hear QB's Case; Team Not Sure If It Will Appeal Other Penalties

FOXBOROUGH, Mass. (CBSNewYork/AP) — Tom Brady appealed his four-game suspension for his role in using deflated footballs during the AFC championship game, and the players union immediately urged Commissioner Roger Goodell to appoint a neutral arbitrator to hear the case.

The expected appeal was filed by the NFL Players Association on Thursday about an hour before the 5 p.m. deadline. The league’s collective bargaining agreement stipulates that it will be decided by Goodell or a person he designates.

“Given the NFL’s history of inconsistency and arbitrary decisions in disciplinary matters, it is only fair that a neutral arbitrator hear this appeal,” the union said in a news release.

The union did not detail specifics of the appeal in its release

The NFL announced the quarterback’s suspension on Monday, also fining the New England Patriots $1 million and taking away two draft picks.

Brady’s appeal only deals with the suspension and must be heard within 10 days. The team has not said if it will appeal its penalties before next Thursday.

League-appointed investigator Ted Wells found that Brady was “at least generally aware” of plans by two team employees to prepare the balls to his liking, below the league-mandated minimum of 12.5 pounds per square inch.

In a 20,000-word rebuttal to the league’s findings published Thursday, a Patriots lawyer disputed the conclusions on matters of science, logic and law.

Team attorney Daniel Goldberg said the “deflator” nickname used by a ballboy and cited in the discipline was about weight loss, not footballs.

The two employees used the term jokingly to refer to locker room attendant Jim McNally, who was trying to lose weight, Goldberg said.

Goldberg represented the team and was present during all of interviews of team personnel. Patriots spokesman Stacey James confirmed that the site wellsreportcontext.com was genuine and “approved/supported by the team.”

Goldberg’s response claims the league’s conclusions are “at best, incomplete, incorrect and lack context.”

It denied a link between Brady and the two equipment staffers, and it rejected Wells’ claims that the team was not cooperative in the investigation. Wells said the team refused to make McNally available for a follow-up interview; Goldberg said the league should have asked all of its questions the first time.

Among the claims in the response were that Wells ignored an innocuous scientific explanation for the loss of air pressure in the footballs used in the AFC championship game against the Indianapolis Colts.

The rebuttal also includes claims of other incidents of ball-tampering that were not dealt with as harshly. And it says increased communication between Brady and the ballboys after the scandal broke were just normal expressions of concern, rather than evidence of the quarterback’s guilt.

Brady’s agent, Don Yee, said the three-time Super Bowl MVP would appeal the suspension issued on Monday for his part in the deflation of footballs below the league-mandated minimum. He had until 5 p.m. on Thursday to do so.

The Patriots have not said if they’ll appeal their penalty by a May 21 deadline — a $1 million fine and the loss of a first-round draft pick next year and a fourth-rounder in 2017.

In Brady’s appeal, the league will go against an experienced foe in labor lawyer Jeffrey Kessler, who has won other appeals against the league and is helping the quarterback.

If the suspension is upheld, Brady would miss the first four games of the regular season and be eligible to return against the Colts on Oct. 18.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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