Patriots Legal Counsel Rebuttal of Wells Report

ChoWZa said:

I like how Breer is focusing on the minor points or the less of the convincing points, but not tweets about the double standards of gauges being used, or Blandino's lie. Those two points alone (as we've known for a while here on the forums) are going to shut this whole report down.

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Deus Irae said:

"Doritos Dink"


Seriously, do people not get where these two were coming from with their banter?

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They never asked either of them about that May 9 “deflator”/espn text. Perhaps that is not surprising since the word “deflator” appears in only ONE text from among many hundreds of texts that were made available to the investigators. The Report then takes this one word, in this one text, and uses it throughout the Report as a moniker for Mr. McNally. Is this true objectivity? Further, when they sought their additional interview with Mr. McNally, they never candidly said they had overlooked this text and therefore wanted Mr. McNally back for another interview to ask him about it. They never asked Mr. Jastremski about it in his interview. Had they done so, they would have learned from either gentleman one of the ways they used the deflation/deflator term. Mr. Jastremski would sometimes work out and bulk up — he is a slender guy and his goal was to get to 200 pounds. Mr. McNally is a big fellow and had the opposite goal: to lose weight. “Deflate” was a term they used to refer to losing weight. One can specifically see this use of the term in a Nov. 30, 2014 text from Mr. McNally to Mr. Jastremski: “deflate and give somebody that jacket.” (p. 87). This banter, and Mr. McNally’s goal of losing weight, meant Mr. McNally was the “deflator.” There was nothing complicated or sinister about it. If there was any doubt about the jocular nature of the May 9, 2014 texts, a review of all the texts between these two men that day would dispel it:

12:21:46: JM “Whats up dorito dink”

12:22:53: JJ “Nada”

12:22:53: JM “Whens the pong party….im on fire”

12:23:10: JJ “Omg”

12:23:34: JM “Bring it”

16:29:48: JM “You still with your women”

16:29:59: JJ “Yup”

16:33:21: JM “You must have her [omitted out of respect to Mrs. Jastremski]”

16:34:39: JM “You must have a picture of her [omitted out of respect to Mrs. Jastremski]”

16:36:31: JJ “Omg”

16:37:16: JM “You working”

16:37:53 JJ “Yup”

16:39:40 JM “Nice dude…jimmy needs some kicks….lets make a deal…come on help the deflator”

[After Mr. Jastremski does not respond for several minutes, Mr. McNally sends a follow-up text.]

16:47:15 JM “Chill buddy im just f****n with you….im not going to espn….yet”

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After he walked past all of these League officials and out the door of the Officials’ Locker Room to the hallway, he then walked past James Daniel, an NFL official and one of the people who had been alerted to the Colts psi concerns pre-game (pg. 45). Mr. Daniel, as seen on the security video, looked at Mr. McNally carrying the bags of footballs toward the field unaccompanied by any League or game official, and made no objection to Mr. McNally continuing unaccompanied to the field.

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Even after halftime, when obvious attention was being paid to game footballs and psi issues by League and game officials, who took control of the footballs at halftime, the security video shows Mr. McNally, with no objection, taking the footballs from the Officials’ Locker Room back to the field totally unaccompanied by any League or Game official.

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Mr. Anderson’s recollections are adopted by the investigators for the pre-game psi numbers. His recollection that he used the Logo gauge pre-game is the premise of the investigators’ justification for League officials not reinflating Colts footballs at halftime. But his recollection of which gauge he used pre-game is rejected when assessing the psi drop for the Patriots footballs. There is no rationale for this flip-flopping on whether Mr. Anderson’s recollections were correct. And it is clear that the investigators, not happy with his recollections on this point, pushed the issue so he would state that, despite his best recollection, it was “possible” he used the other gauge. (pg. 52).

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These issues had been discussed by Mr. McNally with Mr. Jastremski and shared with Mr. Jastremski’s friend, who stayed over at Mr. Jastremski’s house the night of the Jets game and knew of Mr. McNally’s family issues with his tickets. In conversation that evening, he expressed concern to Mr. Jastremski about Mr. McNally’s situation and shared information about another friend who had similar stress about reselling tickets. That was the conversation that Mr. Jastremski explained the text was referring to. After the conversation with Mr. Jastremski’s friend was explained by Mr. Jastremski, the investigators did not request the opportunity to interview the Mr. Jastremski friend to determine whether any such conversation had in fact happened. The Patriots tracked down Mr. Jastremski’s friend, who is a professional fraud investigator and whose livelihood depends on his honesty. They arranged for a telephone interview with the investigators in which the individual explained in great detail the timing (the night of the Jets game), place (Mr. Jastremski’s house) and content of the conversation (dealing with Mr. McNally’s sister, suffering some early onset memory loss, trying to sell the family game tickets). The investigators, rather than take further steps to check out this information, simply chose to disbelieve input that did not square with their conclusions.

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That agreement was based on an explicit understanding reached with the Wells investigators: barring unanticipated circumstances, individuals would only be interviewed by the Wells investigators one time.

While the report states that certain of Mr. Jastremski’s texts were not “discovered” until after this interview (pg. 75, footnote 47), there is no question that the investigators had all such texts in their possession and available for the questioning. They apparently just overlooked them, identifying them now as a matter they wanted to cover in yet another interview

Although asked numerous times for the reason for their request for yet another interview with Mr. McNally, the Wells investigators never stated the reason that now appears evident from the Report: They had overlooked texts in their earlier interviews and wanted the opportunity to ask about them. This information would have confirmed what is now clear. The request was inconsistent with the interview protocol agreed to at the outset.

TLDR: The Wells team NEVER TOLD THE PATRIOTS OR MCNALLY why they wanted the 5th interview, which is against the protocol THE WELLS TEAM ESTABLISHED

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When asked about Mr. McNally’s nickname, Mr. Brady insisted that it was “Burt” not “Bird” — that was how little he knew about him even by the time of his interview.

Not a single witness ever observed a substantive conversation between Mr. Brady and Mr. McNally although there are numerous people in the areas they both were on game days, which are the only times Mr. McNally is at the stadium.

Indeed, Mr. McNally felt he needed to ask for permission to get the autographs on the day he thought could be Mr. Brady’s last game of the season — that is how non-existent any relationship with Mr. Brady was.

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SaCaCh said:

The rebuttal isn't saying that this is a definite explanation for the term deflator. It more points to they have used the term before in general banter. It was not a term used specifically as a nick name for a nafarius deed.

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JackBauer said:

Albert Breer @AlbertBreer · 3m3 minutes ago
The Patriots accusing others of leaks in this rebuttal is rich though, considering we've heard much of what's in the rebuttal already.

Is this guy an actual idiot?

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JackBauer said:

Albert Breer @AlbertBreer · 3m3 minutes ago
The Patriots accusing others of leaks in this rebuttal is rich though, considering we've heard much of what's in the rebuttal already.

Is this guy an actual idiot?

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BradyFTW! said:

Some of the most important points are highlighted here: https://www.reddit.com/r/nfl/comments/35ydhn/tom_brady_suspension_megathread_day_4/















Weirdly enough, over the past week on Reddit I've noticed that Broncos, Colts, Eagles and Giants fans seem to be beating the anti-Pats drum the hardest. Weirder still, almost every Rams fan I've come across thinks this is all a bunch of BS. Go figure.

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vailable 62 points an hour ago

Does it really matter? The rest of that rebuttal is more than enough to point out the flaws and inconsistencies in the Wells report. Calling yourself the deflator is not direct evidence of wrongdoing. Deflation after inspection is wrong but deflation itself is not.

"As to the texts, which are discussed later, there is not a single text which refers to a plan to deflate footballs after the referee’s inspection, to having done so, to any Brady instructions to do so, or to any knowledge by Mr. Brady of such conduct. It is pure surmise and speculation that every deflation reference in a text is to improper deflation of footballs after the referee inspected them. In short, there is simply no evidentiary support for the conclusion that Mr. Brady was aware of any actual or even attempted effort to improperly release air from the footballs. All the evidence — as well as logic — is to the contrary.

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wpdougie2180 said:

8 Simple Ways to Get Rid of Belly Bloat

Surprising reasons your belly can balloon, and how to deflate it fast.


http://www.fitnessmagazine.com/weight-loss/tips/advice/get-rid-of-belly-bloat/

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aluminum seats said:

Here's what I think people don't understand: the "science" here became meaningless a long time ago. The texts--specifically, "deflator" and"ESPN" are the only things that have caught hold. That and him using the bathroom. There's no way they could do this report and not address the texts.

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FrodoBagginz said:

Oh
My
God

This sh*t gets better and better.

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