The lawyer Theodore V. Wells Jr., who directed the NFL-commissioned investigation into whether Tom Brady and other New England Patriots employees conspired to improperly deflate footballs during last season’s playoffs, vehemently defended the conclusions and integrity of his report Tuesday.
“I think it is wrong to criticize my independence just because you disagree with my findings,” Wells said on a conference call, most especially referring to Brady’s agent, Don Yee, who called Wells’ report predetermined and biased.
“The conclusions in the report represent the independent opinions of me personally and my team, and those conclusions were not influenced in any way, shape or form by anyone at the league office,” Wells said. “We made a fair and reasonable review of the evidence, and we reached conclusions based on the preponderance of the evidence standard, which I was required to apply based on the league’s rules.
“I totally reject any suggestion that I was not independent or that the report was slanted in some way to reach a particular result.”
Wells labeled other criticisms of the report “ridiculous allegations” or “out of bounds and just plain wrong.”
Monday, the NFL suspended Brady for four games without pay at the start of the 2015 season and fined the Patriots $1 million for what the NFL described as a covert operation to underinflate footballs used in the AFC championship Jan. 18.
The Patriots will also lose their first-round draft choice in the 2016 draft and a fourth-round selection in the 2017 draft.
Yee has said that Brady will appeal the suspension, and he accused Wells of withholding key aspects of Brady’s interviews in the investigation report.
Wells said that Brady answered every question put to him and that the report omitted nothing of consequence.
Wells instead emphasized that Brady declined to turn over certain text messages from his cellphone.
Wells said he had told Brady’s representatives that Brady would not have to surrender his cellphone, just provide the information pertinent to the investigation. Wells said Brady still refused.
“Most of the key evidence in this case, as in most cases, come from people’s cellphones,” said Wells, who encouraged Yee to turn over his notes from the interviews to prove that Brady’s comments were not misconstrued or misunderstood.
Wells, who has conducted sports-related investigations for other leagues and the NFL in the past, said he held the conference call to respond to criticism of his report, which included a denunciation by Patriots owner Robert K. Kraft.
“This is the first time that after I have issued my report that I find somebody is questioning my independence, and I think that is wrong,” Wells said.
Wells also addressed concerns about a potential conflict of interest because his law firm had done legal work for the NFL.
“When I was appointed to be the independent investigator, no one at the Patriots or in Mr. Brady’s camp raised any issue about my independence or my integrity to judge the evidence impartially and fairly,” Wells said.
“In fact, Mr. Kraft, to my recollection, publicly said he welcomed my appointment.”
Wells also said that the Patriots asked him to check into whether the examination of the Patriots’ footballs at the AFC championship was part of a sting operation by the league or another team.
The Indianapolis Colts, New England’s AFC title opponent, had sent an email to the league office before the game asking officials to be on the lookout for underinflated footballs.
Wells said the Colts’ complaint was largely ignored.
“What the facts find is the opposite; no one at the league office took it seriously,” Wells said. “There was no sting."
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