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Brady Wins, Deflategate Suspension Nullified


Jackie Daytona

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This is nothing to be proud of. Let me repeat that, this is nothing to proud of. The total lack of respect and undaunting total ness of accepting discipline over the last 40 years or so by society has spilled over into every realm of life, including sports.

Don't like a disciplinary action levied against you in life? Run to the courts. This country is not called the, "Land of the Lawyer!" for nothing. To actually believe that Tom Brady had no knowledge or involvement in DeFlateGate, is not only an insult to intelligent thinking, it borders on the dreams and fantasies of the bewildered insane.

The ruling today by the New York judicial system only validates and completes the ongoing slippage of where this country continues to arrow its moral direction. Right into the heart of collapse. "A house divided, will not stand!"

They say, "Lady Justice is blind". That sure was the appalling case today in New York.

Except that, you know, the NFL filed this, and not Brady.

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Message to pats fans:  The other 90% of football fans understand what the "official line" is now.  Brady is innocent, the Super Bowl is legit, and the pats did nothing wrong.  We don't like it, but we get it.

 

However, the other 90% of football fans KNOW that Belichick and Brady are cheaters.  You can point out the lack of evidence.  You can quote as many judges as you want.  You can deflect and say the other 31 teams cheat too.  You can say whatever you want, but the other 90% of football fans think you are cheaters, and no matter what you say, that is our opinion.

 

Tough pill to swallow, I know, but you have your head coach and star quarterback to thank for that.

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In light of Bradys exhoneration I'm wondering if the Pats have any recourse for the fines and draft picks they lost?

Kraft could sue as Berman said the Pats should not have been punished either but I doubt very much that he does. I do wonder though if he files defamation case against ESPN.

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Article 46 does not give him unlimited authority to wield his power outside of the perimeters set in the CBA. In BOTH Peterson and Brady Goodell failed to follow the law of shop in terms of given the players notice that they could be punished for their offenses. In other words they can't make it up as they go. On top, in Brady's case they failed to make Pash, a key witness available at the hearing as well as other relevant notes. Berman had several points for vacating not just one and ALL were violations of the CBA.

 

No one said anything about unlimited authority. Just final authority. And that's stated clearly in the CBA that the union agreed to and ratified. Final authority rests with the commissioner, per the CBA. These court rulings are what are outside the parameters of the CBA, not collectively bargained, left up to the subjectivity and interpretation of one person who has nothing to do with what was collectively bargained.

 

Law of the shop is purposely ambiguous. And the interpretation of the nature of this violation is where you determine what the law of the shop is. The NFL considered this violation to be egregious, a purposeful attempt to circumvent the rules for a competitive advantage. Like PEDs. Law of the shop says four games. Interpretations differ, but let's not act like law of the shop is definitive in this matter.

 

Process is what this came down to. The NFL messed that up. Goodell, as the final authority, should have let Brady's side have whatever they wanted, interview whomever they wanted, and then Goodell should have ruled as he saw fit. It likely would have been the same outcome after appeal, that Brady was involved, and therefore was deserving a suspension. Then it would have went to court, and the judge wouldn't have been able to hammer the NFL for an unfair appeal. 

 

He still would have used his discretion to say this wasn't worthy of a suspension, that in his mind this is more like Jay Feely than a PED case, and otherwise just determined that he didn't like the outcome, as judges always do when it's business vs union. 

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Stephanie Stradley ‏@StephStradley 1h1 hour ago

Basing decision on notice issue means not curable by remand. Believe this will hold on appeal. Well reasoned.

 

The crux of Berman’s ruling came on pages 20 and 21:

 

The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and © denial of equal access to investigative files, including witness interview notes.

So, that means Brady is innocent!! No, that means the NFL first botched the suspension, then their legal team botched the case.   I guess you would think OJ was innocent too based on the not guilty verdict.  Obviously, I am not saying the offense was the same, but the reasoning for not guilty was similar.  This is why people pay the big bucks for good lawyers, they find loopholes and they hope prosecution makes a mistake and capitalize on it.  If the NFL had a better legal team, at worst I think they would have compromised at two games, maybe one because of the inadequate notice for suspension.

 

 Also, this is a federal court, which is based on finding most guilty verdicts within a shadow of a doubt(at worst reasonable doubt) and anything done incorrectly by prosecution or investigators can get an entire case thrown out, despite strong evidence.  

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No one said anything about unlimited authority. Just final authority. And that's stated clearly in the CBA that the union agreed to and ratified. Final authority rests with the commissioner, per the CBA. These court rulings are what are outside the parameters of the CBA, not collectively bargained, left up to the subjectivity and interpretation of one person who has nothing to do with what was collectively bargained.

 

Law of the shop is purposely ambiguous. And the interpretation of the nature of this violation is where you determine what the law of the shop is. The NFL considered this violation to be egregious, a purposeful attempt to circumvent the rules for a competitive advantage. Like PEDs. Law of the shop says four games. Interpretations differ, but let's not act like law of the shop is definitive in this matter.

 

Process is what this came down to. The NFL messed that up. Goodell, as the final authority, should have let Brady's side have whatever they wanted, interview whomever they wanted, and then Goodell should have ruled as he saw fit. It likely would have been the same outcome after appeal, that Brady was involved, and therefore was deserving a suspension. Then it would have went to court, and the judge wouldn't have been able to hammer the NFL for an unfair appeal. 

 

He still would have used his discretion to say this wasn't worthy of a suspension, that in his mind this is more like Jay Feely than a PED case, and otherwise just determined that he didn't like the outcome, as judges always do when it's business vs union. 

Yep that is what has been the issue with all these cases - not Roger's power but the process. Berman never said that Roger could not hear the appeal and issue discipline but found fault in the process of the appeal as well as the fact that Brady was never made aware of the discipline for his offense, this is the same as Peterson.

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Glad this is over. Hopefully we can talk about real football now. Everyone has made up their mind on whether Brady was involved in this etc but suspending him 4 games was ridiculous. It didn't affect the ball game at all. IMO the cover up was the bigger story but the making this into a huge story was just plain dumb. That said it kept the NFL in the news all summer so even bad publicity is still better than no publicity. In the end this should have been a fine. I do think they altered the balls....and I'm sure Brady was aware of that....but I don't see much difference from other teams that have done the same. My issues were with the cover up and lying....but then the NFL had its issues on this too. Just both sides looked really bad. Hopefully we get back to watching some great football and having #12 on the field is best for everyone....not having one of the best players in the history of the game playing is no way a positive for the league.

Do you think it is over? I sure hope so. I think many people are tired of hearing and reading about this. I don't like the decision and it does not change my mind about Brady's involvement in deflating footballs; however, it is what it is. If this means an end to Deflategate, I am pleased.

I wonder if McNally and Jastremski will get their jobs back...

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No one said anything about unlimited authority. Just final authority. And that's stated clearly in the CBA that the union agreed to and ratified. Final authority rests with the commissioner, per the CBA. These court rulings are what are outside the parameters of the CBA, not collectively bargained, left up to the subjectivity and interpretation of one person who has nothing to do with what was collectively bargained.

 

Law of the shop is purposely ambiguous. And the interpretation of the nature of this violation is where you determine what the law of the shop is. The NFL considered this violation to be egregious, a purposeful attempt to circumvent the rules for a competitive advantage. Like PEDs. Law of the shop says four games. Interpretations differ, but let's not act like law of the shop is definitive in this matter.

 

Process is what this came down to. The NFL messed that up. Goodell, as the final authority, should have let Brady's side have whatever they wanted, interview whomever they wanted, and then Goodell should have ruled as he saw fit. It likely would have been the same outcome after appeal, that Brady was involved, and therefore was deserving a suspension. Then it would have went to court, and the judge wouldn't have been able to hammer the NFL for an unfair appeal. 

 

He still would have used his discretion to say this wasn't worthy of a suspension, that in his mind this is more like Jay Feely than a PED case, and otherwise just determined that he didn't like the outcome, as judges always do when it's business vs union. 

 

 

I read through the link on Berman's explanation of why he vacated the 4 games. To be honest I'm very surprised after reading that . he came to the decision he did. He mentions Bret Favre , which Imo is a completely different issue. He seemed to weigh his decision very heavily on the issue of Tom Brady not being told he could suffer big consequences for lying or not co operating. He then "asks" for proof that Brady was aware of what went on. He says something like " the punishment is too severe for a player knowing someone else in the organization did something bad. 

 

Then there is the issue you bring up .. the NFL did mess up procedure . This part I have no issue with . I'm just surprised that what I have above appeared to weigh heavily in his decision. Not to cause a stink or look like sour grapes , but I think this judge bought into the idea that it's no big deal to sneak balls into a bathroom ad deflate them. IMO , this is a pretty egregious offense . But cudo's to Brady for sticking to the denial and beating it.

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This is MUCH bigger. It is very concerning to me the mindset of “Hey if we just cooperate with Roger Goodell, we will get a fair hearing and minor discipline at worst.” That all comes from the wrong assumption that if you don’t cheat, you are safe. But that isn’t the case if the arbitrary and bad notice process problems make claims of actual innocence impossible to maintain. Process matters and that is what is on display here and should be of paramount concern to every single fan.

 

 

 

First off, I'm not talking about the court case.  I am talking about cheating.  Last time I checked, the Patriots weren't the only team that was under investigation for cheating the past off season. 

 

In reply to your statement, all I can say is NFLPA agreed to the CBA.  They knew Goodell would both give punishment and decided appeals and were not smart enough to change that before agreeing to the CBA. 

 

Secondly that has been exacerbated by the 24/7 news cycles the world is now in.  A decision to give one punishment instead of another can cost millions, so now the integrity is at cost as well as revenue.  If the integrity is damaged too much the product will fail. 

 

What I believe is happened by Goodell 'overstepping' his authority is just the league way of trying to balance the books and create the best opportunity for everyone to have the biggest paycheck possible (it is a business and that is the goal).  Everyone here would agree that having Brady on the field would create the best product, but by doing nothing could cost them sponsorship money.  I like to refer to the problem as 'the population is becoming both de-synthesized and overly-synthesized at the same time' and social media is making it worse.  So a hot button event occurs, and in response a knee jerk reaction occurs in order to keep from losing money.  You can't have a 'wife beater' on the field or a 'cheater', that will hurt the public opinion and in turn hurt sponsorship revenue.  And if a business 'isn't growing, it's dying.'  Honestly, with how the internet works it might be possible to get a petition started that requires Trent Richardson to be on an NFL roster or else the signee's will boycott the top 5 NFL sponsors.  That would lead that sponsors to be in a situation where they could loose millions of dollars and would destroy the NFL from loosing the money those sponsors are paying.  Pretty much a no win situation for everyone (including the team that has to sign Richardson).

 

What will eventually result is a very long and very specific conduct policy that will replace the broad terms they have used for years, which will lead to Mark Cubans predictions. :)

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Since the "non-cooperation" has to do with cheating, there's really not that big of a difference.  Why would you "not cooperate" with clearing your own name?  "Not cooperating" is for people that are guilty and trying to get away with it.

 

It is whatever it is, and not all that do not cooperate are necessarily guilty, otherwise a prosecutor's job would be really easy.  All a prosecutor would have to do is tell the fact finder the defendant did not cooperate with the police investigation therefore you must, by operation of law, find him guilty.  We know that is not the case in this country.  There could be a number of reasons why one would not cooperate and yes one of them could be hiding evidence.   

 

With that said, cooperation and the underlying offense sit on different footing in the annals of NFL penalty history, which is really the only point we are concerned with in this matter.

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The recent collective bargaining agreement is a complete joke.

How does Goodell have ultimate authority in disciplinary actions if all of his decisions are subject to legal appeal.

Does this mean that the league can now punish Brady in another way, so long as it's not the punishment that the courts struck down?

If not, it ought be. Like OJ's civil suit... Irsay should sue Brady and/or Kraft in civil court...

No more rant... Regardless of the outcome, I am glad that it's probably finally over.

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In light of Bradys exhoneration I'm wondering if the Pats have any recourse for the fines and draft picks they lost?

I mean they accepted the penalty so that would be tough.

 

Saying that Brady is exhonerated because the NFL screwed up their own process and believing nothing wrong happened is like saying Ray Rice didn't knock his wife out or AP didn't beat his son because they won in federal court.

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What you and CF12 keep forgetting is that there was evidence for Hardy and Gordon.

 

Berman said, straight forward, that there was not evidence for Brady's guilt.

 

They weren't able to present any evidence - text messages, etc. Trial was one sided to begin with.

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First off, I'm not talking about the court case.  I am talking about cheating.  Last time I checked, the Patriots weren't the only team that was under investigation for cheating the past off season. 

 

In reply to your statement, all I can say is NFLPA agreed to the CBA.  They knew Goodell would both give punishment and decided appeals and were not smart enough to change that before agreeing to the CBA. 

 

Secondly that has been exacerbated by the 24/7 news cycles the world is now in.  A decision to give one punishment instead of another can cost millions, so now the integrity is at cost as well as revenue.  If the integrity is damaged too much the product will fail. 

 

What I believe is happened by Goodell 'overstepping' his authority is just the league way of trying to balance the books and create the best opportunity for everyone to have the biggest paycheck possible (it is a business and that is the goal).  Everyone here would agree that having Brady on the field would create the best product, but by doing nothing could cost them sponsorship money.  I like to refer to the problem as 'the population is becoming both de-synthesized and overly-synthesized at the same time' and social media is making it worse.  So a hot button event occurs, and in response a knee jerk reaction occurs in order to keep from losing money.  You can't have a 'wife beater' on the field or a 'cheater', that will hurt the public opinion and in turn hurt sponsorship revenue.  And if a business 'isn't growing, it's dying.'  Honestly, with how the internet works it might be possible to get a petition started that requires Trent Richardson to be on an NFL roster or else the signee's will boycott the top 5 NFL sponsors.  That would lead that sponsors to be in a situation where they could loose millions of dollars and would destroy the NFL from loosing the money those sponsors are paying.  Pretty much a no win situation for everyone (including the team that has to sign Richardson).

 

What will eventually result is a very long and very specific conduct policy that will replace the broad terms they have used for years, which will lead to Mark Cubans predictions. :)

Very good post. You will get no argument from me. First and foremost the NFL is an entertainment league but the way it has acted the last few years has detracted from its product severely. Honestly, I don't know what the end game here was for the league. It makes no sense on a business level in terms of the money they spend the last 8 months, the beating they have taking in the media and the potential side lining of its most accomplished player for 4 games over a ball tampering issue.

 

I agree with Cuban more than I ever have. IF the league does not figure out its disciplinary side, it will suffer irreparable harm and the implosions will soon follow.

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Do you think it is over? I sure hope so. I think many people are tired of hearing and reading about this. I don't like the decision and it does not change my mind about Brady's involvement in deflating footballs; however, it is what it is. If this means an end to Deflategate, I am pleased.

I wonder if McNally and Jastremski will get their jobs back...

I asked this earlier and someone responded that they were getting big raises and a case of Slimfast.  haha  

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Had that been the Saints, we would have lost our QB and coach the entire season, and probably even more personnel. The league waited 3 solid years to punish us over Bounty gate and when they did, they didn't just stop at taking the coach away. We lost our GM, and several key defensive players. 

 

When the Patriots get caught cheating though, red handed multiple times (spy gate included) they get a slap on the wrist, get to bring it to court and walk away free. 

 

At this point I am convinced that team could get away with murder, and it would be celebrated. 

 

I have never hated an AFC team as much as I hate these snobs in New England. 

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Crazy, Gramz, and others keep ignoring this important point.

 Yep, that's me,  Crazy Gramz  :nutz:    You all made me that way.   haha

 

Seriously, I'm not ignoring anything.    What I read was there were errors in the  "process" and that the punishment didn't fit the crime, both of which I agree, and have agreed all along.

 

Still doesn't make one innocent.  But you and I never have, and never will agree on anything here.  

 

Continue on with your celebrations.....

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Had that been the Saints, we would have lost our QB and coach the entire season, and probably even more personnel. The league waited 3 solid years to punish us over Bounty gate and when they did, they didn't just stop at taking the coach away. We lost our GM, and several key defensive players. 

 

When the Patriots get caught cheating though, red handed multiple times (spy gate included) they get a slap on the wrist, get to bring it to court and walk away free. 

 

At this point I am convinced that team could get away with murder, and it would be celebrated. 

 

I have never hated an AFC team as much as I hate these snobs in New England. 

??? The Saints players took Goodell to court and got their suspensions over turned and their suspensions were a lot more than 4 games for a much more heinous offense. Their case was used in part as precedent in this one along with Rice and Peterson.

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Does the CBA not give the commissioner authority in these matters?

It's actually Doty and now Berman who are ripping up the CBA, not Goodell.

 

Yes, the CBA gives the commissioner the authority to act in such matters .  . .  but . . .

 

Labor laws dictate and control the manner in which one can wield said powers within the four corners of a CBA

 

Labor laws trump any CBA actions when there is conflict between labor laws and a clause in a CBA (on its face) or in a manner in which the clause is applied (as applied). :).   The problem in the instant case is the latter.

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I just heard an interview on Dakich (I will post a link once it's posted) with a lawyer who said that if you read the ruling the judge says that his ruling has nothing to do with deflating the balls or not and rather Brady was involved or not.  So like I said weeks ago this ruling didn't find Brady innocent it says Brady did not have a fair process.  It was really good interview (and neutral which is more than I can say from just about anyone on this forum) If you can track it down I would strongly encourage everyone to listen to it.  Also at the end of it he touches on something that reminds everyone there are far more important things in the world than did Brady know about some footballs being deflated or not. 

 

I think as this comes out it's pretty clear the NFL botched this investigation from top to bottom and did such a bad job that rather Brady did this or not no longer matters.  If I am the NFL owners the fact that Goodell keeps suspending players and keep having the suspension tossed out in court because courts find that he didn't follow the CBA would really bother me.  Clearly this isn't a case of the NFL not having enough money to hire lawyers to be able to tell them if what they are doing will hold up in court or not.  IMO, it's a case of the NFL not listening to those lawyers and doing as they want.  That's a problem no matter where you fall on the Brady side of things. 

 

Anyways, I keep waiting for them to post the interview once they do I'll post a link.  It's really worth a listen no matter whose side you are on in this whole thing. 

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I've said from jump that Brady wouldn't serve a single game.

What is annoying is that the appeals process could have included all the relevant documents and testimony from Pash, and it wouldn't have changed Goodell's decision. Should have done it right.

Annoying on another level is the "unprecedented" angle. Berman opined that this is a simple fine issue. I believe it's more serious than that, as what Brady is accused of can affect the outcome of games. That opinion is disagreeable to me.

Oh well. Long and short, this is exactly what I thought would happen. I don't believe this vindicates Brady, but it does liberate him.

I remember reading you mention that and I reluctantly had to agree with you. It became most apparent when the NFL's argument was boiling down to Goodell has the power and he has the power to appeal arbitration and the courts don't have the power to overturn what he feels is in the best interest of the NFL. That and not having the inclination to strike a deal with the NFLPA let me to believe the NFL was on shaky ground.

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Very good post. You will get no argument from me. First and foremost the NFL is an entertainment league but the way it has acted the last few years has detracted from its product severely. Honestly, I don't know what the end game here was for the league. It makes no sense on a business level in terms of the money they spend the last 8 months, the beating they have taking in the media and the potential side lining of its most accomplished player for 4 games over a ball tampering issue.

 

I agree with Cuban more than I ever have. IF the league does not figure out its disciplinary side, it will suffer irreparable harm and the implosions will soon follow.

 

To respond to what the league was thinking.  I believe it was a case of, it their product isn't perceived as legit and fair then they would be compared to the WWE which could hurt viewers, which would hurt revenue.  I will agree they had no direct proof that Brady was involved, but the problem was in today's world when everyone watches NCIS, everyone believes they are a forensics experts.  Something odd was going on, that's for sure.  The text between McNally and Jastremski were just too strange, along with the level of cooperation from Brady.  If the NFL didn't make the assumptions, the public would have anyways.  It was a no win situation for the NFL.  I think what made matters worse was Seattle losing, if the Patriots would have lost I think it could have been easier to sweep it under the rug and forget the whole situation.  So I will now put all the blame on Russel Wilson.  Damn you Pete Carroll, who besides Manning passes in that situation!

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I just heard an interview on Dakich (I will post a link once it's posted) with a lawyer who said that if you read the ruling the judge says that his ruling has nothing to do with deflating the balls or not and rather Brady was involved or not.  So like I said weeks ago this ruling didn't find Brady innocent it says Brady did not have a fair process.  It was really good interview (and neutral which is more than I can say from just about anyone on this forum) If you can track it down I would strongly encourage everyone to listen to it.  Also at the end of it he touches on something that reminds everyone there are far more important things in the world than did Brady know about some footballs being deflated or not. 

 

I think as this comes out it's pretty clear the NFL botched this investigation from top to bottom and did such a bad job that rather Brady did this or not no longer matters.  

 

Anyways, I keep waiting for them to post the interview once they do I'll post a link.  It's really worth a listen no matter whose side you are on in this whole thing. 

^^^  This.  

 

Also, as to the Bolded, you are so right.   After spending the past 5 days at Hospice, and saying final goodbyes at 1:50 a.m. today,  it does put real life into perspective.

 

When I finally got back home today, a little past 11,  I decided to log on here to take my mind off of everything my family has been through this week.    

 

Time for me to take a long needed nap.   :sleepy:

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Had that been the Saints, we would have lost our QB and coach the entire season, and probably even more personnel. The league waited 3 solid years to punish us over Bounty gate and when they did, they didn't just stop at taking the coach away. We lost our GM, and several key defensive players.

When the Patriots get caught cheating though, red handed multiple times (spy gate included) they get a slap on the wrist, get to bring it to court and walk away free.

At this point I am convinced that team could get away with murder, and it would be celebrated.

I have never hated an AFC team as much as I hate these snobs in New England.

Two things:

1. Bountygate happened. We all know it did.

2. Aaron Hernandez knows your murder claim is false.

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Yep, that's me, Crazy Gramz :nutz: You all made me that way. haha

Seriously, I'm not ignoring anything. What I read was there were errors in the "process" and that the punishment didn't fit the crime, both of which I agree, and have agreed all along.

Still doesn't make one innocent. But you and I never have, and never will agree on anything here.

Continue on with your celebrations.....

Uh.

I didn't call you crazy.

I said "Crazy," Gramz"

As in, Crazy Colt and Gramz, who both said the same thing.

And sorry, read Berman's ruling. He clearly stated that Brady was not shown to be involved .

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