Tom Brady statement on his private cell phone to CNN July 29, 2015
I am very disappointed by the NFL’s decision to uphold the 4 game suspension against me. I did nothing wrong, and no one in the Patriots organization did either.
Despite submitting to hours of testimony over the past 6 months, it is disappointing that the Commissioner upheld my suspension based upon a standard that it was “probable” that I was “generally aware” of misconduct. The fact is that neither I, nor any equipment person, did anything of which we have been accused. He dismissed my hours of testimony and it is disappointing that he found it unreliable.
I also disagree with yesterdays narrative surrounding my cellphone. I replaced my broken Samsung phone with a new iPhone 6 AFTER my attorneys made it clear to the NFL that my actual phone device would not be subjected to investigation under ANY circumstances. As a member of a union, I was under no obligation to set a new precedent going forward, nor was I made aware at any time during Mr. Wells investigation, that failing to subject my cell phone to investigation would result in ANY discipline. Most importantly, I have never written, texted, emailed to anybody at anytime, anything related to football air pressure before this issue was raised at the AFC Championship game in January.
To suggest that I destroyed a phone to avoid giving the NFL information it requested is completely wrong.
To try and reconcile the record and fully cooperate with the investigation after I was disciplined in May, we turned over detailed pages of cell phone records and all of the emails that Mr. Wells requested.
We even contacted the phone company to see if there was any possible way we could retrieve any/all of the actual text messages from my old phone. In short, we exhausted every possibility to give the NFL everything we could and offered to go thru the identity for every text and phone call during the relevant time. Regardless, the NFL knows that Mr. Wells already had ALL relevant communications with Patriots personnel that either Mr. Wells saw or that I was questioned about in my appeal hearing. There is no “smoking gun” and this controversy is manufactured to distract from the fact they have zero evidence of wrongdoing.
I authorized the NFLPA to make a settlement offer to the NFL so that we could avoid going to court and put this inconsequential issue behind us as we move forward into this season. The discipline was upheld without any counter offer. I respect the Commissioners authority, but he also has to respect the CBA and my rights as a private citizen.
I will not allow my unfair discipline to become a precedent for other NFL players without a fight.
Lastly, I am overwhelmed and humbled by the support of family, friends and our fans who have supported me since the false accusations were made after the AFC Championship game. I look forward to the opportunity to resume playing with my teammates and winning more games for the New England Patriots.
United States Supreme Court
RILEY v. CALIFORNIA, (2014)
Argued: April 29, 2014 Decided: June 25, 2014http://caselaw.findlaw.com/us-supreme-court/13-132-nr2.htmlThe case centers on the criminal standard (beyond a resonable doubt) for Cell phones and Privacy rights vs. Officer Safety & Preservation of Evidence.
The NFL's "clear & convincing" std. under civil & labor law is the second highest in civil law directly behind the "by a preponderance of the evidence" standard - a hurdle which Brady easily cleared, both in the civil arena as well as the arbitral arena. Moreover, were this a criminal trial - Brady would be found guilty of nothing as he met the highest burden of all under the criminal std. of proof.
The NFL's CBA does not trump personal privacy rights for cell phone use or the personal destruction of old phones which anyone with a brain would destroy after an upgrade to a newer model.
Given the vast amount of personal information stored on the phones today and notwithstnading that fact, Brady turned over all e-mails, texts etc. to the NFL which were not of a personal nature and none of the data had anything to do with the false charges by the Colts or NFL Commissioner Godell.
The arbitrator and the majority both ignored the simple fact that after the bogus charges were leveled by the losing Indianapolis Colts receiver; Brady scored far more points in the second half than he did in the first half when the false charges were leveled
; therein proving that the P.S.I. pressure of the ball, whether over or under the 12.5 to 13.5 P.S.I. range has absolutely no outcome on Brady's ability to pass or hand off the ball or his skills as an NFL quarterback.