FOXBOROUGH, Mass. — It’s back to the waiting game for Tom Brady.

After making his case in a 10-hour hearing, Brady’s fate is in the hands of Commissioner Roger Goodell. Just when Goodell will announce his decision to uphold, reduce or eliminate Brady’s four-game suspension in “Deflategate” is uncertain.

“I think that’s going to be sooner rather than later,” said Marc Ganis, president of the SportsCorp consulting firm who has a close relationship with many league owners. “One of the criticisms of this whole matter has been the way it’s dragged on.”

The NFL announced in late January that a lawyer, Ted Wells, would head an investigation into the New England Patriots’ use of underinflated balls in their 45-7 victory against the Indianapolis Colts in the AFC championship game Jan. 18.

More than three months later, the 243-page Wells report was issued, saying it was “more probable than not” that Brady was “at least generally aware” that footballs he used were improperly deflated by team personnel.

Five days after that, on May 11, the NFL suspended Brady four games, fined the Patriots $1 million and docked them two draft picks. The Patriots’ owner, Robert Kraft, accepted the team penalties.

Advertisement

But Brady appealed and more than six weeks later, had his hearing Tuesday before Goodell in New York.

“I don’t know what the timetable is,” said Jeffrey Kessler, the lawyer who represented Brady at the hearing. “I think we put in a very compelling case.”

Once Goodell reaches a decision, the league must craft the wording precisely so it would withstand legal scrutiny if Brady decides to challenge it in court.

Goodell must decide “as soon as practicable,” according to the NFL’s collective bargaining agreement.

It’s been nearly a month without a ruling since a hearing for Dallas defensive end Greg Hardy before an arbitrator, Harold Henderson. Hardy was suspended for the first 10 games of the 2015 season in a domestic violence case.

While Brady likely shared information with Goodell that he didn’t provide to the Wells team, the commissioner needs to regain credibility, especially in light of his fumbling the Ray Rice investigation. If Brady presented a convincing case at the hearing that he had no role in or knowledge of the deflation, Goodell could absolve him of that. Brady then could accept that decision indicating he didn’t cheat or gain a competitive edge, even if it comes with a two-game suspension for not cooperating fully with Wells.

Advertisement

But it’s unlikely that the suspension will be rescinded. That poses a risk to Goodell from other NFL owners, especially with his close relationship with Kraft, at least before Deflategate. Goodell was tough on the Patriots in the Spygate scandal, fining Coach Bill Belichick the NFL maximum of $500,000 and the team $250,000 for spying on New York Jets defensive signals in a game in 2007.

There are also competing factors for Brady as he considers any decision to sue to get the suspension eliminated. Brady hasn’t been a vocal union supporter and prefers to minimize distractions.

But with Kessler representing him and Brady’s desire to clear his name, a lawsuit could be forthcoming.

Kessler helped get suspensions reduced for New Orleans players in the Bountygate scandal.

In February he represented Adrian Peterson before a federal judge who overturned an NFL suspension that had been upheld by Henderson.

There’s still a chance Brady could play in the season opener against Pittsburgh. Whatever Goodell decides, Brady can participate in training camp starting in late July and in preseason games.

The season opener is set for Sept. 10, a marquee Thursday night matchup between the Super Bowl champions and an opponent led by another star quarterback.

A court injunction could allow Brady to play in that game and others.

But that poses the danger that the court would affirm a suspension later in the season, when the drive for playoff spots is peaking.

Copy the Story Link

Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.