SZ622

BY JIM DAWSON
MARCH 28, 2016
LIES, DAMNED LIES AND STATISTICS
The great quote attributed to British Prime Minister Benjamin Disraeli about the three
types of lies needs a fourth: 'misstatements'. This layman learned that lawyers don't lie,
they 'misstate'. NY Law School Professor Robert Blecker wrote the Appeals Court about
4 'misstatements' by NFL lawyer Paul Clement. That forced Clement to write the
Appeals Court to deny that he had done any such thing. However one of his denied
'misstatements' was his parroting of Roger Goodell's lie that Tom Brady, when deposed,
had denied talking to John Jastremski about the deflated balls, just about Super Bowl
preparations. When the deposition transcript was released, Brady had testified that he
did speak to Jastremski about how the balls could have gotten deflated. Clement argued
in his letter to the judges that Goodell didn't find Brady credible because he testified that
he and Jastremski spoke primarily about Super Bowl preparations rather than about how
the footballs might have gotten deflated. Goodell used that to say Brady wasn't credible
and his act showed obstruction. That was tied to Brady's 'destroying' of his phone (when
the NFL had all the phone and text messages from that phone) as evidence also of
Brady's obstruction.
The fact that Blecker got Clement to respond opens the door to look at Brady's
deposition testimony. Will the 3 judges walk through that door? We'll see. After reading
much of Houston attorney Stephanie Stradley's (http://www.stradleylaw.com/snapshot-
of-deflategate-2nd-circuit-argument/) views and responses to comments/questions by
readers (like me), it seems that no one knows how these judges will rule. Hey this is law,
Baby, an area most of us have no expertise in, with the exception of what is learned in
that downer called divorce. Patriots fans can only hope that this divorce ends with Brady
getting to keep his 4 games. The word is 'hope'.
And I hope that the 3 judge Appeals Court exposes Roger Goodell and his NFL cronies
for what they are: the conniving, conspiring and 'we'll punish players by hook or by
crook' putzes that they are.

MORE LIES
That the NFL is trying to defend its flawed 'scientific studies' that showed no link
between concussions and CTE (chronic traumatic encephalopathy) tells me that they are
scared that the Appeals Court will rule against them regarding money to be paid to
players who have been injured by the sport. The money not only isn't enough, in some
cases it covers players only injured since 2006.
If you read League of Denial, you know that the peers who reviewed the NFL studies
that were published as science, had serious doubts about the research data. And as a clue,
the NFL committee created to look into head trauma and CTE was called the Mild
Traumatic Brain Injury Committee and its original chairperson, Elliot Pellman, M.D., is
a rheumatologist!

BULLETS
• Do you think that the NFL and 'Guru' Goodell didn't want to reveal the PSI numbers
found in 2015 games where footballs were tested because that would ruin their case
before the Appeals Court? Just asking. I mean Mr. Wizard isn't around, but I believe in
the Ideal Gas Law, and that there were natural reasons why wet and cold footballs lost
pressure. Lies, damned lies and statistics.

• And the NFL may find itself before a Congressional committee regarding pulling
funding for BU's CTE study. The NFL had pledged $16 million over 7 years to study the
link between concussions and CTE, but stopped the funding because they didn't like Dr.
Robert Stern as head of the BU study. Stern had criticized the NFL for denying the
connection. We'll see how the NFL and Goodell try to weasel their way out of this one.

• Three Oakland Raiders have consented to donate their brains after they die to the
Boston based Concussion Legacy Foundation. The Herald's Sports in Brief (3/27) noted
that George Atkinson, George Buehler and Art Thoms have pledged their brains in
support of teammate Kenny Stabler who was found by researcher Ann McKee to have
had moderate to severe CTE.

• RIP Joe Garagiola, Sr. who recently died at age 90. As a youth, I read a book by
Garagiola (I believe it was Baseball Is a Funny Game first published @ 1960). It was
very funny and revealed the relationship Garagiola had with Yogi Berra. Both had grown
up in St. Louis on The Hill, an Italian-American neighborhood.

• In an accident reminiscent of Wade Boggs hurting himself taking off his cowboy boots:
the Herald's Baseball Roundup (3/27) noted that Brewers RHP Will Smith tore a
ligament in his right knee while taking off his spikes.

• And speaking of the Brewers, the Globe's Nick Cafardo (3/27) highlighted the 3B
competition among Aaron Hill (.150 BA), Will Middlebrooks (.184) and Garin Cecchini
(.200). I thought that the Red Sox gave up very early on Cecchini who had hit .300 (or
close to it) at every minor league stop until Pawtucket (.263 in 2014 but .213 in 2015).
Cecchini is only 24 (25 in April), but a factor was his infield defense was sub-par.

• Cafardo also had this inside info: Allegedly Expos' owner Jeffrey Loria wanted Derek
Jeter so badly that he had his GM propose a trade in which he would have sent Vladimir
Guerrero and Pedro Martinez to NY for Jeter. However, Yankees GM Brian Cashman
said he could not trade Jeter. Fact or Fiction?

• Ryan Kalish, who turned 28 today, is now with the Chicago Cubs (thanks to FootJoy
for the update). Kalish was one of my favorite PawSox players, and I was present the
April night (2011) when he dove for a ball in CF and hurt himself. The injury led to
multiple neck and shoulder surgeries. Per Wikipedia, Kalish was rated as the 5th best
prospect in the Red Sox organization (12/09) by Baseball America which also ranked
him in its Top 100 baseball prospects (#96). My hope is that Kalish can bounce back and
be a viable player. When Kalish was in Pawtucket, manager Torey Lovullo said: "He's
as close as any player I’ve ever managed to being a superstar."

E-MAIL
This came in from Frankie Lee who ran into Amici at the Hot Club and sent this via
iPhone: "I stopped at the hot club this weekend. I paid 6.50 for a beer and no one even
looked good"-Amici

Hey Jim,
Pretty sure it was Eddie Van Halen who did guitar solo on Beat It. And as far as Chris
Young helping you in the outfield. I watched him trying to play the outfield for the Yank
ees the last two years. What kind of help was it that you wanted ???
Jim 'Mr. Yankee' Dwyer
They got Young because he hits lefties well. So they will platoon him and use him to give
the other outfielders a break.
The stuff I had heard was that Young was a pretty good outfielder but maybe not CF any
more. Where did NY play him? - Z
It usually depended who was on DL Beltran or Gardner but usually right. I guess you'll
get used to him because you watched Manny all those years, but I would shudder every
time a ball was hit his way. His bat got real tired 2nd half of year no matter whether he
was facing right or left. At first I wondered why Mets gave up on him then I found out..
But one thing for certain he'll probably bat .500 and play like Roberto Clemente against
the Yanks. Jim Dwyer
Jim I saw Derek Jeter at the Rays-Cuban nat'l team game. He was talking to Pres.
Obama and then the TV guys. Said Obama told everyone that he gave Jeter 30 strokes
when they played golf against each other. Wanted to correct that misinformation. - Z

THE HOT CLUB
First off, let me correct the date of the gig by Tanya McIntyre and the Professors – it is
March 31, this Thursday from 6-9. And yes, I'll be there.
If you haven't voted yet for the band as Motif Magazine's Best RI Cover Band, do so
now. You may have to create an account to vote (I did), but do it. Go to:
motifri.com/2016music.
We were talking about a song that the Professors have played before – Jay and the
Americans' Come A Little Bit Closer. Jesse pointed out that musically, the song is quite
similar to Richie Valens' La Bamba. I told the band guys that La Bamba was my first 45,
and my mother bought it for me when Valens, Buddy Holly and the Big Bopper died in a
plane crash.
The conversation turned to John Lee Hooker, one of my favorite blues men. Jesse and
Peter said that the best version of Hooker's One Bourbon, One Scotch, One Beer is that
of George Thorogood and the Destroyers. Me, I'll stay with John Lee's original.
So I told the guys that a favorite Hooker song of mine is House Rent Blues. In it, he tells
his landlady that he's lost his job and is 'on dole'. His landlady wants the back rent.
When she leaves, John Lee says “She'll be lucky to get the front rent”.

LAST ISSUE'S QUIZ ANSWER
Who was it that did the guitar solo in Michael Jackson's Beat It? Why Eddie Van Halen,
that's who. Jim Dwyer, Bobby Sisto and Roger Boudreau all had the correct answer.

THIS ISSUE'S QUIZ
Professor Peter provided this week's quiz question. What major singer/songwriter played
on Bob Seger's first hit – Ramblin' Gamblin' Man.
And just because I have a little extra space, here's one for you movie lovers: Name the
only three films that swept the 5 major Oscar awards (Best Picture, Best Actor, Best
Actress, Best Director and Best Screenplay?
Sportzine is also available at jimdawsonsports.com thanks to Buffalo Steve Lenz.

SZ621

BY JIM DAWSON
MARCH 21, 2016
SPRING IS HERE, CAN BASEBALL BE FAR BEHIND?
As I await opening day for the Red Sox (4/4 at Cleveland) and the PawSox (4/7 at home
vs. Buffalo), there are only a few exhibition games to whet the appetite. And I've missed
some of those when they clashed with the Bruins/Celtics games and the NCAAs.
However I keep track of box scores and accounts of who is doing well and who is
struggling. It appears that Henry Owens has pitched himself out of the 5th starter spot
and will open in Pawtucket. That 5th spot will go to either LHP Roenis Elías or
knuckleballer Steven Wright who is out of options and is pegged for long relief on the
major league team.
Did see Chris Young hit a bomb of a homer yesterday against the Mets' lefty Jerry
Blevins. It was an effortless swing that sent a ball over the center field wall. Young has
good stats against lefties and will also help in the outfield.
The starting rotation should be much better than last year once Eduardo Rodriquez
returns from a dislocated knee. With ace David Price and Joe Kelly pitching well, there
will be less pressure on Clay Buchholz and Rick Porcello to be the ace. Buchholz has
great stuff when healthy. Problem is that he seems to get hurt every year.
The PawSox should have a couple arms that can help out if any of those Red Sox
starters get injured. Besides Henry Owens, who needs more seasoning anyway, there is
also another lefty, Brian Johnson, who provides insurance.
Pawtucket should have a good club, especially from a pitching standpoint. Besides
Owens and Johnson, starters will come from William Cuevas, Keith Couch and Edwin
Escobar (on 40 man roster). Phenom Anderson Espinoza will be in A ball at Greenville
and at age 18 won't be rushed, but may make it to high A Salem by this summer.
The PawSox relief staff will include Williams Jerez, Pat Light (on the 40 man roster),
and Noe Ramirez along with a few veterans like Sean O'Sullivan.
The hitting is what killed the PawSox last year. That is, lack of hitting. They were last
among 14 International League teams in batting a gruesome .238. They did hit 95
homers (5th in the IL). However that didn't prevent them from finishing last in the IL
North with a 59-85 record.
This year the hitting has to be better (fingers crossed) with 1B Sam Travis, SS Marco
Hernandez, 2B Sean Coyle, jack of all trades Deven Marrero and OF Bryce Brentz
(please stay healthy and stop trying to hit a home run every time up). All but the young
Travis (22, 23 in August) are on the 40 man roster. Christian Vazquez will help too.
Can't wait to hear 'Play Ball' both at Fenway and McCoy.

CHANDLER JONES
The trade of Chandler Jones was not unexpected. That episode with the alleged synthetic
marijuana may have been the final straw as you know Bill Belichick would frown on
such behavior. Regardless, the Pats were not going to be able to sign Jones after the
2016 season and need the money to re-sign Dont'a Hightower and Jaime Collins. Jones
led the team with 12 1⁄2 sacks but most of those (10 1⁄2 ) came in the first 9 games. Jones
had 1 sack in the post season. The Pats got an OL (a former 1st round pick), and a 2nd
round pick. With two 2nd rounders, my hunch is they draft another OL, likely a tackle.

E-MAIL
Jim,
Best guess for the guitar solo is my man, Stevie Ray Vaughan. What he would have
been is beyond the blue mist now. Sure miss his playing.
I'm also pretty sure that Carmine Rojas, bassist for a current virtuoso of blues guitar
(in my humble opinion), Joe Bonamassa, was also part of the players on Bowie's
album. I believe that he played with Joe for about 10 years and left that touring
band. Bonamassa has a new lineup for his touring.
If you haven't seen Joe in person, I see that he's gonna play Providence sometime
this summer. Worth the price of admission; he's getting better all the time and plays
just about any genre that you can think of. Constantly on tour and pretty prolific in
producing albums. Many videos on PBS, my favorite was his one at Radio City
Music Hall a couple of years back.
Also his work with Black Country Communion puts him pretty near some metal tunes.
Bill LaPlante
Right you are, Bill. It's Stevie Ray Vaughan. Local library had a DVD/CD sale and I
picked up his Greatest Hits for $1. Didn't know much about Bonamassa until a year ago
when I heard him with Beth Hart on Can't Let Go which I loved.
Will definitely look for him playing here. I saw Leo Kottke Sat. nite. He's one of my
favorite
6
and
12
string
guitarists.
-
Z

Sportzine is also available at jimdawsonsports.com thanks to Buffalo Steve Lenz.

THE HOT CLUB
Renovations have begun in earnest at the Hot Club. Sarah Bates said she was just happy
that the revisions have started. She said that the project is supposed to be done by the
beginning of summer. Men: we can soon say 'Goodbye' to the smallest men's room on
the East Coast.
Motif magazine (available at quality liquor stores like High Spirits at University
Heights) in its latest issue (Roller Derby cover) has nominees for best local bands in a
number of different musical categories. Hot Club favorites Tanya McIntyre & the
Professors are one of 5 nominees for Best Cover Band. You can cast your vote on line at
motifri.com/2016music. Do the right thing – vote for Tanya & the Professors. And you
can see them live at the Hot Club on Thursday, March 30th from 6-9. Go vote!
I saw a T-shirt that said Mas Amor Por Favor.
Dr. John said that a good friend bails you out of jail. A best friend is sitting next to you
in jail saying, “Damn that was fun.”
Professor Peter recalled another great line from Eric Shinseki, the Army Chief of Staff
under George W. Bush, who was marginalized by Bush's minions after Shinseki testified
that the US would need to keep several hundred thousand troops in the postwar
occupation of Iraq. Peter's memory of the quote was: Fighting a war on terrorism with a
large army is akin to trying to shoot a cloud of mosquitoes with a machine gun.

LAST ISSUE'S QUIZ ANSWER
The question was who does the guitar solo at the end of David Bowie's Let's Dance?
The answer – the late great Stevie Ray Vaughan who died in a helicopter crash 8/27/90.
Research shows that his brother Jimmie and Jimmie's wife Connie were supposed to be
on the same helicopter, but their seats were taken by some of Eric Clapton's crew.
Besides Bill LaPlante, others with the correct answer were Roger Boudreau, Dennis
Doyon and Garry Gillett. Bobby Sisto knew that Nile Rodgers of Chic produced the LP.

THIS ISSUE'S QUIZ
Pal Al who gave me the above trivia had this one: Who does the guitar solo on Michael
Jackson's Beat It? And if any of you readers have music trivia that you would like to
submit, please do so and I'll give you credit.

SZ620

BY JIM DAWSON
MARCH 14, 2016
MORE ON DEFLATEGATE APPEAL
First off, let me apologize for getting something wrong about this last issue. The appeal
to the 3 judge Circuit Court is 'de novo', meaning the judges can review the evidence and
make their own decisions. They are not restricted to finding grounds to reverse Judge
Richard Berman's decision to vacate Tom Brady's suspension. I asked an attorney (not
Victoria) about whether this was a 'de novo' appeal and was told it was not.
An attorney from Houston named Steph Stradley has been outspoken about Goodell and
his heavy handed decision. I found her on the Patriots site under 'Wells Report Context,
then Critical Articles, and there you'll find her blog about both Berman's decision and
the recent 3 judge circuit court hearing (it's to the right of her picture (Snapshot of
Circuit Court Hearing).
Trying to be absolutely sure it wasn't 'de novo', I left that question and two others in her
Comment section. She responded to my 3 questions (see below) but one day after I e-
mailed the Sportzine. In retrospect, I should have waited until I got a response from her.
My 3 questions:
To be clear, these 3 judges must rule only on the 3 reasons Judge Berman gave for
vacating Brady's suspension, right? I saw a reference to Whitey Bulger being turned
down by a 3 judge appeals court and that his lawyers might appeal to the full appeals
court of 6 judges. Is this possible if Brady loses?
If the case is remanded to Judge Berman, would the NFL be forced to have Pash
examined and give up their files and notes?
Thank you for your splendid overview of this strange case.
Steph_Stradley 1 day ago
No. They could rule in other ways. 2. En banc review unlikely (Ed.:en banc is with 6
judges) 3. Depends on the ruling but I'd find that not likely.
Also Michael McCann,a UNH Professor and attorney who works for Sports Illustrated,
had one of the most comprehensive reviews of the Appeals Court hearing. It is here:
http://www.si.com/nfl/2016/03/03/deflategate-appeal-nfl-tom-brady-roger-goodell
Also Sally Jenkins of the Washington Post wrote a column this week in which she
accused NFL attorney Paul Clement of lying to the 3 judges in the hearing. See below:
https://www.washingtonpost.com/sports/redskins/nfl-deflated-the-truth--and-owes-the-
court-a-correction/2016/03/08/02bcae4e-e540-11e5-b0fd-073d5930a7b7_story.html
However Michael McCann had a slightly different take on the significance of NFL
attorney Clement lying to the judges:
http://www.si.com/nfl/2016/03/08/tom-brady-nfl-deflategate-appeal-suspension-paul-
clement
In my opinion, the appeal hinges on the denial of the NFL to allow Jeff Pash, their
General Counsel, to be questioned ('examined'), and the denial of investigative and
witness interview notes to Tom Brady and the NFL Players' Association. I am not certain
how these 3 judges can get around this lack of due process and fairness, especially since
it was revealed that Pash edited the supposedly 'independent' Wells Report.
If this goes badly for Brady and he gets the 4 game suspension, will there be further
legal remedies sought? The NFLPA would obviously ask for a stay, but how long would
that last? The Supreme Court is not going to hear this case. Does Brady sue, considering
this would be an unjustified and unsupported defamation of character?
We await the 3 judges' decision. I am hoping for the best but expecting the worst.

BULLETS
• Bleacher Report sends me e-mails about the Red Sox. On 3/7, they had a story on
Jessica Moran resigning from Comcast over an alleged affair with Red Sox manager
John Farrell. However the photo Bleacher Report used was not Moran but Heidi Watney.
So I alerted them to this faux pas and was told that the photo was indeed Watney and the
person would report “this to the right team to look into it further”. Guess what? On
March 11, Bleacher Report again reported the story and again showed Watney's photo!

• Red Sox pitching prospect Michael Kopech (a 1st round pick in 2014) was suspended
last year for 50 games for use of an illegal drug. He recently got into a fight with a
teammate and broke a bone in his right hand, his pitching hand. This guy needs to be on
a short leash.

• NESN usually bugs the hell out of me because I don't think they do enough about
serious baseball (are you listening living off past success, Tom Werner?). However the
other night on the wrap up, they showed about a 2 minute clip of Sox 3rd base coach
Brian 'Butter' Butterfield giving infield lessons to Pablo Sandoval and, especially Hanley
Ramirez, who is transitioning (we hope) to 1B. The piece was incredibly informative as
'Butter' showed Ramirez how to tag the bag properly with his foot and how best to scoop
up low throws (Hanley has missed on two scoops so far). We need more 'Butter'!

• Recently, Hockey Guru Bill LaPlante gave me an assessment of new Bruins
defenseman John-Michael Liles. Bill said that the 35-year old Liles was “A good second
pair, but he may have slipped to third pair defense in the last couple of years.” The other
night Claude Julien used Kevan Miller-Zdeno Chara as his first pair on D, and then
Adam McQuaid-Torey Krug as his 2nd pair. Liles and Dennis Seidenberg were 3rd pair.
Liles and winger Lee Stempniak were obtained in trading day deals. Liles has 2 assists
in 7 games. Stempniak is playing with first liners Patrice Bergeron and Brad Marchand.
In 7 games, Stempniak has 5 assists and a game winning goal against the Panthers.

E-MAIL
Hi Jim,
I agree with you about OJ having CTE. I was wondering about that also a few years ago
after I read Harry Carson's book. I think I mentioned to you a few years ago about his
book. In it he talks about some of the same issues that Mike Webster and the other
players in the movie "Concussion" had. Harry talks about driving home from Giants
Stadium after games and forgetting how to get home. He also talks about one night
driving to the Washington Bridge and wanting to kill himself. He had all the same
anxiety and issues with violence that these players had. He tried to go to the NFL with
these problems and got nowhere as many others did. Although he was one of the main
players involved in starting the lawsuit a few years ago, he refused to accept any of the
reward as he just wanted to get the problem out in the public to warn and possibly save
others. He has stated on multiple times that he would never allow any of his kids or
grandchildren to ever play football.
Jim Dwyer
Yes Jim you had mentioned Harry Carson and his book. He was also featured in the PBS
Frontline League of Denial documentary.
Did you read the book League of Denial? There is a great quote when a neurologist asks
Bennet Omalu 3 times if he understands the importance of his findings re CTE and NFL
players. The third time the guy points out to Omalu that if 10% of mothers refuse to let
their sons play football, it could be the downfall of the NFL. - Z

Quiz guess : Dominique by The Singing Nun (Jeanine Deckers a Belgian lass)
Rick Poncelet
Rick, good guess but she's not French. - Z

THE HOT CLUB
The Bear was in the HC, paying me a visit. He said he and his wife were about to head
out to Death Valley which they will hike. I told him that if he saw Ronald Reagan, it was
just a mirage. The Bear remembered Ronald Reagan was the host of Death Valley Days.
Bianca was making a strange concoction for a customer so I asked her what it was. She
said it was Angry Orchard Hard Cider and Fireball Schnapps. She said they call it
'Angry Balls' and kids love it. It's sweeping the nation per Bianca, who added that it's
quite a sugar rush.
I told Fleet Feet Pete that a recent poll said a majority of the responders did not believe
Tom Brady about the deflating of footballs. Fleet Feet said that Brady and the Patriots
have become the Darth Vader of the NFL. Like the Oakland Raiders used to be, I added.
We also recalled those who hated the Yankees, Canadiens and John Wooden's UCLA
Bruins because of their many championships.
The Bear mentioned that there are now blooms in the Death Valley desert. I recalled that
George Miller, the director of Mad Max: Fury Road, had to film in the Australian desert
because of blooms in US deserts. Imagine the money spent sending cast and crew to
Australia.
So Pal Al mentioned that David Bowie's video of “Let's Dance” (1983) was filmed in the
Australian outback. A check shows that it was filmed at a bar in Carinda in New South
Wales, Australia.

LAST ISSUE'S QUIZ ANSWER
So who was the only French artist to to top Billboard's Hot 100 list for 5 straight weeks?
Why Paul Mauriat with the instrumental Love Is Blue (1968). Rick Poncelet got it on his
2nd try. Wikipedia notes that the instrumental won a gold record. It was actually a
remake of Andre Popp's (the song's music composer). Per Wikipedia: “Its five-week run
at the top was second longest of any instrumental of the Hot 100 era next to 1960's
Theme From A Summer Place.”

THIS WEEK'S QUIZ
Inspired by Pal Al mentioning David Bowie's Let's Dance, who did the guitar solo at the
end of the song?

SZ619

BY JIM DAWSON
MARCH 7, 2016
HERE COME THE JUDGE(S)
When I saw some of the comments made by the 3 judges who are part of the Circuit
Court review of Judge Richard Berman's decision to vacate Tom Brady's 4-game
suspension, the most galling and astounding was that by Judge Dennis Chin who found
the evidence against Brady compelling if not overwhelming. I wondered if Chin had
read just the NFL decisions and briefs.
However it is my understanding that the 3 judges are not conducting a 'de novo' review
(look at all the evidence anew), but instead must rule only on Judge Berman's order to
vacate the suspension. The judges have to find error in Berman's decision.
Berman's decision to overturn the NFL's suspension was based on three points:
A) Inadequate notice to Brady of both his potential discipline (4 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 (whom Berman notes
provided written comments or edits to the Wells Report), and
C) Denial of equal access to the NFL's investigative files, including witness interview
notes.
Judge Berman supported (A) with 3 subheadings:
(i) No notice of a 4-game suspension:Steroid Use Comparison. Berman stated: “The
Court finds that Brady had no notice that he could receive a four-game suspension for
general awareness of ball deflation by others or participation in any scheme to deflate
footballs, and non-cooperation with the ensuing Investigation. Brady also had no notice
that his discipline would be the equivalent of the discipline imposed upon a player who
used performance enhancing drugs.”
(ii) No Notice of any Discernible Infraction. Judge Berman ruled:
“The Court concludes that, as a matter of law, no NFL policy or precedent notifies
players that they may be disciplined (much less suspended) for general awareness of
misconduct by others. And, it does not appear that the NFL has ever, prior to this case,
sought to punish players for such an alleged violation. ”
(iii) No Notice of Suspension as Opposed to Fine: Competitive Integrity Policy vs.
Player Policies.
Judge Berman noted that Brady would have received Player Policies, in which Brady
would have had notice only of fines - not suspensions - for player equipment violations
designed to gain a competitive advantage. But Troy Vincent punished Brady pursuant to
violations of the Competitive Integrity Policy, which is only incorporated into the Game
Operations Manual and provided to 'Chief Executives, Club Presidents, General
Managers, and Head Coaches', and not to players such as Brady.
Berman stated: “Goodell's reliance on notice of broad CBA 'conduct detrimental' policy
- as opposed to specific Player Policies regarding equipment violations - to impose
discipline upon Brady is legally misplaced.”
In support of (B) and Goodell not allowing Jeff Pash to be 'examined', Judge Berman
found that “NFL precedent demonstrates that, in Article 46 arbitration appeals, players
must be afforded the opportunity to confront their investigators.” Berman concluded:
“The Court finds that Commissioner Goodell's denial of Brady's motion to compel the
testimony of Mr. Pash was fundamentally unfair and in violation of 9 U.S.C. § 10(a)(3).
As for (C), Berman also ruled that not allowing Brady to have equal access to
investigative files and witness interviews “was fundamentally unfair and in violation of
9 U.S.C. § 10(a)(3).”
These are the only issues on which these 3 judges can rule. So I'm still hopeful that
Brady wins. However the US has seen a growing anti-union sentiment. I'm worried that
these judges will side with management, and craft their decisions in a way that supports
Goodell. They could remand the case, but I doubt that will happen because the NFL
would be faced with actually allowing Pash to testify and providing the files and notes.
The reason Goodell is still fighting this is because Goodell does not want his ability to
discipline (using Article 46 of the CBA) eroded by losing this legal battle. Otherwise
many more players will challenge him in court with the support of the NFL Players'
Association.
So now Tom Brady, the Patriots and their fans have to wait and see how these three
judges rule. We can only hope that sanity prevails and the Circuit Court upholds Judge
Berman's decision.

BULLETS
• My companion Victoria and I have been watching FX's US vs. OJ series. She told me
to read League of Denial. Victoria asked me if I thought OJ could have CTE. l had to
agree with her that that is possible (not that it would exonerate him of murder). After she
told me, I read a People magazine about FX's show and the murders. There was a box
asking 'Could OJ Have CTE?' In it, Bennet Omalu, the forensic pathologist who
discovered CTE said he'd bet his medical license that OJ has CTE.

• Congrats to Johnson & Wales' men's basketball team which is in the Div. 3 tournament.

E-MAIL
Just had a draft Gansett here in Tampa Fla to celebrate Leap Year! Who would have
thought.a decade or two ago that we would be drinking Narragansett in Fla.
Long Live Gansett!
Herb Jeschke
Herb, glad to hear you're having fun. Hi neighbor, have a 'Gansett. The new HP
Lovecraft is an Imperial Red Ale which I like a lot. Strong though. ABV 8. - Z

Jim,
What? No congratulations to the best playoff defense in the history of the Super Bowl
for their stellar run through (also around and over) the Patriots, Steelers, and
Panthers? That's the only reason that the Broncos won the blue ribbon. We all know that.
Bill 'Big White' LaPlante
Bill, that Denver defense was unbelievable. They deserved to win.
Sorry about your Canadiens. It's rare for them to miss the playoffs.
This D man Liles the Bruins got. Can he play a lick of D? They beat Carolina but Rask
faced 40 shots. That can't happen. This kid Frank Vatrano in Providence now has 29
goals in 28 games. And the B's just called up Noel Acciari! Claude Julien just tied for
most coaching wins with the Bruins (Art Ross). One wag said he thought the Bruins
would go farther in the playoffs than the Celts (I doubt it). - Z

John Michael Liles played about 5 years for the Avalanche and is a pretty steady
defenseman; was on the special teams for power play and short handed. Decent shot and
was a good skater in his younger years. Has been around the league with about 4 teams
in the last six years or so. A good second pair, but he may have slipped to third pair
defense in the last couple of years. A good reserve for the stretch run, but he'll probably
retire within the next two years or so.
I think that this is Washington's year; this kid Holtby has come into his own this year in
net for them and they seem to be four lines deep and the first two pairs of defense is
good.
I look for them and Chicago to play for the Cup, but Anaheim could sneak in if they
have a big series in the conference finals against the Hawks.
Celts could go deep in the playoffs, but I don't think they have the horses to win the
East.
How are the Friars doing on the court? Any chance they could beat Villanova in a
championship game? Kansas is gaining steam, 12 straight, out here.
Bill LaPlante
Bill, PC has beaten Villanova once so, yeah, they could win the Big East championship.
Dunn and Bentil will need help though. When they play defense, they are tough to beat.
The PC hockey team is playing well and could repeat as NCAA champs. - Z

Sportzine is also available at jimdawsonsports.com thanks to Buffalo Steve Lenz.

THE HOT CLUB
Eric was wearing a tee shirt that said 'Cabin Fever'. So I asked him if that was for Eli
Roth's movie of that name or his feelings about the winter. He wasn't familiar with the
movie, and said it was more about his mood. He loves the summer when he likes to be
the first one in the water.
Britt was telling me about a short story, The Story of an Hour, that she read to her class
and was thrilled that most understood the ending. So I asked her if she was familiar with
Shirley Jackson's The Lottery. Of course she was and said: “That's the only lottery that I
would win.”
Someone in the Professors' band pointed out to me that the new Tina Fey movie
Whiskey Tango Foxtrot is an acronym for WTF which means 'What The F**k'.
Dr. John was once in a band with Taj Mahal (they both went to UMass Amherst). He
said they played Brown University's Spring Weekend, but the crowd got so rowdy they
wouldn't let the band stop playing. They would throw beer cans at band members when
the music stopped. So the cops had to be called to form a cordon or wedge so the band
could leave the stage. The band had to leave their instruments which the police guarded.
Professor Peter told me about Eric Shinseki (ex-Army Chief of Staff under George W
Bush and Bill Clinton and Secretary of Veterans Affairs under Barack Obama). Peter
said Shinseki had a great quote about change: “If you don't like change, you're going to
like irrelevance even less.”

LAST ISSUE'S QUIZ
What do You've Lost That Loving Feeling -Righteous Brothers, I Get Around and When I
Grow Up (to Be a Man) - Beach Boys, Monday, Monday – Mamas and Papas, For Your
Love – The Yardbirds, and Walk Away Renee - Left Banke, all have in common?
Why they all include a harpsichord. No one got it (a bit obscure, I admit), but Frankie
Lee tried very hard and gave me a link to a site http://forums.stevehoffman.tv/threads/favorite-
harpsichord-playing-in-pop-music.220351/ that listed many other songs with a harpsichord
including the Beatles' Piggies, Lucy in the Sky with Diamonds and With a Little Help
from my Friends; the Stones' Play With Fire (Jack Nitzsche) and Lady Jane, Ronstadt's
Different Drum and Long, Long Time. Brian Augur did harpsichord on For Your Love.

THIS ISSUE'S QUIZ
Name the only French artist to top Billboard's Hot 100 for 5 weeks.