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Wells defends independence of Patriots probe
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TED WELLS DEFENDS DEFLATEGATE FINDINGS AMID 'RIDICULOUS' ALLEGATIONS

 * Mike Reiss, ESPN Staff WriterMay 12, 2015, 02:22 PM ET
   Close
   Mike Reiss is an NFL reporter at ESPN and covers the New England Patriots.
   Reiss has covered the Patriots since 1997 and joined ESPN in 2009. In 2019,
   he was named Massachusetts Sportswriter of the Year by the National Sports
   Media Association. You can follow Reiss on Twitter at @MikeReiss.
   
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FOXBOROUGH, Mass. -- Attorney Ted Wells defended his investigation into the New
England Patriots' underinflated footballs and quarterback Tom Brady, saying he
was taking the uncharacteristic step of speaking out publicly because his
independence was questioned.


BYE BYE BRADY



Currently fourth among active quarterbacks in consecutive starts, Tom Brady's
96-game streak will come to an end in Week 1 if his suspension is upheld.

StartsEli Manning167Philip Rivers144Joe Flacco112Tom Brady96Matt Ryan83Drew
Brees80-- ESPN Stats & Information

"All of this discussion that people at the league office wanted to put some type
of hit on the most popular, iconic player in the league, the real face of the
league, it just doesn't make any sense," Wells said at the end of a 30-minute
conference call with reporters. "It's really a ridiculous allegation. What drove
the decision in this report was one thing -- it was the evidence. I could not
ethically ignore the import and relevancy of those text messages and the other
evidence."

Wells cited text messages in which officials locker room attendant Jim McNally
referred to himself as the "deflator," and another message in which McNally
wrote "im not going to espn........yet."

"No one can ignore the implications of that text message, and no one can see it
as a joke," Wells said. "And nor is it circumstantial evidence. It is direct
evidence and it is inculpatory."



Wells' voice rose at times as he challenged Brady's agent, Don Yee, to produce
all notes from Brady's interview. Yee had been critical of Wells' investigation.

"It is wrong to criticize my independence just because you disagree with my
findings," Wells said. "In my mind, the NFL certainly wasn't hoping that I would
come back with a report that would find that something happened wrong with the
Patriots or Tom Brady. They wanted me to get to the bottom of the facts."

Wells dismissed the notion that the NFL had a sting operation against the
Patriots, saying "nobody paid that much attention" to the initial email from the
Indianapolis Colts expressing concern about the Patriots possibly using
underinflated footballs.


PDF: READ ENTIRE WELLS REPORT

Ted Wells' 243-page report on the Deflategate scandal concludes "it's more
probable than not" that Patriots personnel "participated in a deliberate effort
to release air from Patriots game balls after the balls were examined by the
referee." Warning: Some language in the report might be objectionable to users.
Wells report PDF

"The Patriots were all over me from day one about why the NFL did not warn them
of the complaint and alleging that it was a sting operation," Wells said.

Wells also said the Patriots provided him with "substantial cooperation" except
for failing to make McNally available for a second interview. McNally had
previously been questioned three times by NFL security.

"We interviewed him before we had discovered that most important text," he said,
adding that the Patriots informed him they wouldn't tell McNally of the request.

Wells also said Brady was very cooperative during the process, but refused to
let his phone or any information from it be used in the investigation.

"[Brady] answered every question I put to him. He did not refuse to answer any
questions," Wells said. "In terms of the back and forth between Mr. Brady and my
team, he was totally cooperative.

"At the same time, he refused to permit us to review electronic data from his
telephone or other instruments. Most of the key evidence in this case, as in
most cases, come from people's cell phones. I want to be crystal clear -- I told
Mr. Brady and his agents I was willing to not take possession of the phone. I
said 'I don't want to see any private information. You keep the phone. You the
agent, Mr. Yee, you can look at the phone. You give me documents that are
responsive to this investigation and I will take your word that you have given
me what's responsive.' And they still refused."

In assessing his personal opinion, Wells said he thinks Brady is guilty.

"If I were sitting on a jury, and judge charged us with finding 'preponderance
of evidence' I would check box 'proven,'" Wells said.

"I used the words 'more likely than not' to make perfectly clear what level of
proof I was using, so people didn't think I was using 'beyond a shadow of a
doubt' ... 'preponderance of evidence' is commonly used burden of proof in civil
cases," Wells explained.



Wells said he bills by the hour and the investigation was "no question" in the
"millions of dollars." He didn't specify when asked how much the investigation
ultimately cost.

In other developments Tuesday, Brady has hired high-profile sports labor
attorney Jeffrey Kessler as part of the legal team handling his appeal, a source
told ESPN NFL Insider Adam Schefter.

Kessler has served as outside counsel to the NFL Players Association for
multiple appeals, including serving as outside counsel to the NFLPA last year
during the appeal of the NFL's indefinite suspension of Ray Rice. Twenty years
ago, he helped establish free agency in the NFL by winning the Freeman McNeil
case and settling the Reggie White case that focused on restrictions of player
movement.

He also represented Patriots coach Bill Belichick back in 2000, when Belichick
sued the NFL and the New York Jets in federal court to free himself from his
contract with the Jets.

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