You're missing the point. Nobody should be punished without evidence, refs or Pats. But as long as there is no evidence the Patriots tampered, and there are plausible explanations out there that don't involve Patriot tampering, the accusations hold no weight.
Gents, I am a Bills fan, and this is where I am at the moment.
1) NFL has not confirmed, or denied, any of this. Weird to me, But Brady and BIll both seemed to confirm that the balls were deflated more than normal,but will not make conclusions until the NFL confirms that.
2) I want to know the PSI of both the Colts Balls and the Pats balls when the refs measured them pregame. Even if this is just the refs verbalizing what they remembered...seems like all the balls should be at the same PSI, as even Tom said yesterday he likes a ball at 12.5 PSI..so i am assuming all Pats balls were there, and all Colts balls would be at a PSI Luck likes.
3) If the Pats balls then dropped a disproportionate amount of PSI over the Colts balls, we would then know that someone tampered with the balls.It would no longer be a question of weather etc. If Pats dropped 2, and Colts dropped 1.8, no worries. Pats dropped 2, Colts drop .2, issue. Again, all depends on the start.
4) if there is an issue as noted above, Pats need to disciplined in some manner, even if definitive proof of who actually deflated the balls is never discovered. I feel for you guys though, as the cheating thing will then be permanently entrenched in the psyche of all NFL outside of Pats fans, and i think that unfortunate. Not a doubt in my mind Brady and Belichick the two best ever, and as much as i hate them for kicking our teeth in year after year, i wish we had em in WNY. If any of this is true, they just did not need to do it.
Again, i know I am in the minority outside of NE, but i am making no judgements at this point, but need some info from the NFL soon. Tom saying they have not talked to him yet was not a good look, at least for me.