He said a reference to the Jan. 18 game against the Indianapolis Colts was “conspicuously absent” in a conclusion from the NFL investigation that found Brady was generally aware of a plot to deflate game balls below what rules allow.
Finally, Berman said he could not understand how the commissioner opted to keep a four-game suspension over some other penalty. He asked what portion of it was for involvement in a deflated football scheme and what part was because Goodell concluded Brady didn’t cooperate with the probe.
He also was troubled by Goodell’s defense of the penalty on the grounds that it was comparable to penalties on players who use performance enhancing drugs.
When NFL lawyer Daniel Nash said both violations are an effort to gain a competitive advantage, the judge responded: “I still don’t see how the four games is comparable to a player using steroids.”
“It goes to the integrity of the game,” Nash said.
The judge used stronger language than he had when he seemed to lean against the NFL at a similar hearing a week earlier, though he cautioned that he had not yet made up his mind which side would win.
Associated Press writer Jake Pearson contributed to this report.
Article Appeared @http://abcnews.go.com/Sports/wireStory/deflategate-back-court-brady-goodell-talks-fail-33170511