Judge asks about direct evidence in Brady hearing

The league was put on the defensive in hearing.

August 13, 2015 at 2:15AM
Judge Richard M. Berman, center, briefly stops out of a federal courthouse in New York, Wednesday, Aug. 12, 2015, after the first hearing in the civil suit that New England Patriots quarterback Tom Brady filed against the NFL in an attempt to get his four-game suspension lifted. During the proceedings, Brennan repeatedly asked NFL lawyer Daniel L. Nash about whether evidence exists that directly links Brady to deflating the footballs used during the AFC championship game Jan. 18, 2015. (AP Photo
Berman (The Minnesota Star Tribune)

NEW YORK – A federal judge put the NFL on the defensive over its four-game suspension of New England Patriots quarterback Tom Brady on Wednesday, demanding to know what evidence directly links Brady to deflating footballs and belittling the drama of the controversy.

"What is the direct evidence that implicates Mr. Brady?" Judge Richard M. Berman repeatedly asked NFL lawyer Daniel L. Nash at the first hearing in the civil case in Manhattan federal court as Brady and Commissioner Roger Goodell looked on.

Nash responded there was "considerable evidence Mr. Brady clearly knew about this," including records of text messages and phone calls between the quarterback and one of two Patriots employees implicated in the scandal known as "Deflategate."

But he also said there was no "smoking gun" showing Brady had direct knowledge that the balls were underinflated for the first half of the Patriots' 45-7 victory over the Indianapolis Colts in the AFC Championship Game Jan. 18.

Brady and Goodell didn't speak during the hearing, except to introduce themselves to Berman. Brady, his head lowered, looked dour as lawyers spoke for about 1 hour, 20 minutes.

Afterward, Brady smiled slightly as he signed sketches for two court artists. Berman then met individually with each side for more settlement discussions in private.

The talks continued more than four hours until about 5 p.m. Afterward, a smiling Brady left the courthouse. Several people shouted "cheater, cheater!"

Berman could be seen briefly speaking with Goodell inside the courthouse before the commissioner left to a waiting sport utility vehicle about 10 minutes after Brady. Goodell smiled as dozens of photo and video journalists did their work. Neither of them spoke and there was no immediate word on the status of talks.

Two weeks ago, the NFL asked Berman to declare that its punishment of Brady was properly carried out. The players' union countersued, asking him to nullify the suspension. The judge has signaled from the start that he wants the parties to reach a swift settlement.

New England Patriots quarterback Tom Brady leaves federal court Wednesday, Aug. 12, 2015, in New York. Brady left the courthouse after a full day of talks with a federal judge in his dispute with the NFL over a four-game suspension. (AP Photo/Frank Franklin II)
Patriots quarterback Tom Brady left federal court in New York after his suspension hearing. (The Minnesota Star Tribune)
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