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No, as PDR posted the info earlier, a stage 2 suspension for prescription related violation can be reduced if stage one entry was not prescription drug related.




Ahh I missed that, thanks for the info.


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j/c

Journalists are now reporting that the meeting will take place sometime next week...not tomorrow.




OK....now MKC is reporting the meeting is still set for tomorrow.

Adam Schefter says next week.
Mary Kay says tomorrow.



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LeBron is here, Manziel is the de facto backup who is looking like a rookie, and KLove talks have cooled..... the media needs to drag this out, lol


Thank Jeebus this will be resolved one way or another SOOON.


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j/c

With such a large disparity in test results between the A & B samples, wouldn't the logical solution be to 'throw out' that test and move on to the next test?

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Maybe that will be a part of the defense's case. I keep hearing media speculation that he'll use the "second hand smoke" defense, but I seriously doubt they do that. The NFL should just suspend him for being stupid enough to be around it.

My bet is that they focus on the disparity between the tests to show how they are not very accurate.


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j/c

With such a large disparity in test results between the A & B samples, wouldn't the logical solution be to 'throw out' that test and move on to the next test?



Is it such a large disparity? I honestly don't know. A spread of 2.4 with a limit of 15 does seem unfairly high though, especially given that the B sample and the average were both below the already low testing limit. I just wonder if that kind of spread is actually unusual. If it's not, the NFL will have ample evidence of that and it's likely JG will be gone for the year, because it was a failed test as the policy is written.

If it is an unusual spread, JG has a pretty strong case IMO. Given the other factors, I don't see how the NFL could do anything but throw it out.

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j/c

With such a large disparity in test results between the A & B samples, wouldn't the logical solution be to 'throw out' that test and move on to the next test?




They COULD do that. But again, it would be that they were deciding to rule outside the letter of the law.

I really don't know why they even tested the second batch. They didn't have to. The rule states that as long as there is a positive IN EITHER CUP, they can ban you. To me, even testing the second half of the sample only let the ambulance chasers in.

If the NFL is in the image business, they may see this as an opportunity to make up some recently lost ground. But it would be ruling on circumstantial evidence that they didn't need to rule on.

Also, I think that we as Browns fans would consider leniency as a good PR move. I'm pretty sure fans in Puke, Natti, and Rattown would be outraged.

They made it interesting, but outside of a TOTAL retraction of the rules in place, Josh is a goner. And it's his fault. Total shame and a terribly hard lesson to learn for such a young, otherwise good kid. But as many us can attest, life can really suck sometimes.

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Maybe that will be a part of the defense's case. I keep hearing media speculation that he'll use the "second hand smoke" defense, but I seriously doubt they do that. The NFL should just suspend him for being stupid enough to be around it.



I think that is a bad defense. It might work well in the court of public opinion, but ultimately that doesn't matter. What matters is the NFL has a long-standing tradition of upholding 'strict liability', that is you are responsible for what is in your body, regardless of how it got there.

That and even with the low testing limits, it would still be hard to fail the test via secondhand smoke. It's quite possible mind you, but it would entail him being exposed to heavy smoke for a fairly long period of time. One study I looked at the other day had subjects in a small, unventilated room with 16 joints burning, 1 hour a day for 6 days, and the test subjects tested what would be well above what the NFL's limit is (some tested upwards of 70ng/ml IIRC). But that is very heavy exposure and that study was somewhat of an anomaly. A couple other studies I looked at showed no or negligible (i.e. under NFL's limit) THC limits from secondhand smoke.

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My bet is that they focus on the disparity between the tests to show how they are not very accurate.



agreed.

edit: separated the quotes to make it more clear what I was responding to

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If there is one good thing to come out of the Gordon situation, it is that the NFL's testing process has been exposed and is so inaccurate that it could not produce the same results testing the same urine sample.

In Gordon's case, pick bottle "B" and Gordon is playing for this season, making 1.4 million...

...pick bottle "A" that was just over the NFL's limit of 15.0 ng/ml and Gordon is gone for a year, without the 1.4 mill.

Had the NFL's test been accurate enough to produce repeatable results with bottles "A" and "B" showing test results of 16.0 ng/ml...there would be little doubt or reason to argue Gordon's case.

The players, the NFLPA, the NFL owners and the commissioner should demand a testing process that is accurate and dependable enough to reproduce results that are the same, regardless of which bottle is tested.

Gordon had a 50/50 shot in this case...and that sucks.


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... it would entail him being exposed to heavy smoke for a fairly long period of time.




The defense team just went on "opening drive" and said that Josh typically hangs out in unventilated rooms with 16 joints burning.

We're gonna WIN!!!!

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Gordon had a 50/50 shot in this case...and that sucks.





He could have dramatically increased his odds by not being an idiot.

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Quote:

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Gordon had a 50/50 shot in this case...and that sucks.





He could have dramatically increased his odds by not being an idiot.



lol

I pretty much agree. My thought process this whole time has been, why didn't he test at 0ng/ml, given what's at stake? And yes I'm serious and yes I realize that some people might not think that is fair. Oh well.

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j/c...
sides here are irrelevant

No official ruling has been made yet from the NFL.

I see a compromise coming.
1. there is a precedent w/Sherman thing if this goes to court after a suspension is made especially a 1 year (indefinite) suspension. Gordon has more fire power than Sherman did.

2. The will not wish to jeopardize their power to issue suspensions - they cannot afford another Court ruling against them.

3. I see a 2 game suspension. No contest by Gordon.

As said before I don't think he has a problem. I think he has an environmental problem now more so than a drug problem. He needs to hang with the church crowd I guess.

I hope we sign him to an extension after this season.


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Sherman's case argued that the collection process failed and thus the sample was contaminated. This was not the case with Gordon.

I agree, EO, that they could decide on the side of leniency. But that to me would be at least 8 games.

It's looking like all or none though. But that depends on what they argue. If it's the "Second-hand Defense" it could be a reduced sentence. But if it's the "Inconsistent Pee Defense" if they win - no ban, if they lose - he's done.

So many reports swirling though. So I don't think anyone knows anything.

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If i was the boss. I would say ok admit to me you have a problem and we can throw out the tests.

HOWEVER, your going into rehab and your going to have a new shadow for the next year. This shadow will drive you where ever you need to go. They will ensure that your friends don't endanger your career by smoking around you or bring any other banned substances near you. For the sake of argument we will call him an NFL assigned bodyguard. If you can't accept our desire to protect our business reputation then you sir are fired.


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As others have said, I'm glad this will be over soon, and we'll know what is going to happen with him this year.

I hope that he will not be suspended, even if on a technicality, because he makes us a much more explosive team, and a much better team. For purely selfish reasons, I want him playing. Further, I think that he will do better in the structure of the season, and I think that the team, and his agent, are really going to work hard with him to do everything they can to help him say no to "friends" who can derail his career.


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Josh Gordon's hearing will be held Friday in New York as scheduled, according to league sources | cleveland.com
http://www.cleveland.com/browns/index.ssf/2014/07/josh_gordons_nfl_hearing_may_b.html

BEREA, Ohio - Josh Gordon's appeal hearing will take place in New York on Friday as scheduled even though NFL commissioner Roger Goodell will be in Canton for the Pro Football Hall of Fame festivities, league sources have told Northeast Ohio Media Group.

Goodell has appointed an arbitrator to hear the appeal of Gordon's case under the league's substance-abuse policy. A source told NEOMG that Harold Henderson will likely preside over the case. Gordon and his attorney, Maurice Suh, already have arrived in New York for the hearing.

There were reports Thursday morning that the hearing would be postponed until next week; those reports were later corrected.

Gordon's legal advisors feel their "second-hand smoke'' argument - which contends Gordon did not smoke marijuana - is stronger than other NFL players who have lost their appeals on that basis, a source told NEOMG.

That's because as far as they can tell, Gordon is the only player citing second-hand smoke who had a confirmation test below the NFL's threshold of 15 nanograms per milliliter of the banned substance in marijuana.

NFL records on such matters are sealed, but the source said there's no evidence that any of the other players had a "B'' test -- the one used to confirm the positive "A'' sample -- below the threshold.

It's still a longshot to get Gordon off the hook from his indefinite ban after his appeal hearing, a league source with firsthand knowledge of the situation told NEOMG.


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Josh Gordon Will Look To Catch A Break With Strong Appeal

I fully expect Josh Gordon’s legal team to get the calendar-year ban lifted following his appeal this Friday.

I have defended clients in court who tested positive for drugs, challenged positive test results and cross-examined several lab technicians and doctors regarding drug test results. I started salivating when I saw the results of Gordon’s drug tests—as much as a shark, mosquito (or any other animal, insect, etc. you call lawyers) can salivate.

First is the arbitrary and completely random labeling of the “A” and “B” bottles of urine. That, alone, should be enough to get the suspension lifted.

Bottle “A” was a nanogram above the extremely low 15 ng/ml cut-off level (the World Anti-Doping Agency raised its limit from 15 ng/ml to 150 ng/ml to account for secondhand smoke, among other things), while bottle “B” was below the limit.

Had bottle “B” been labeled “A” and tested first, the only reason we would be discussing Gordon would be arguing over whether he would be the No. 1 wide receiver this year or not. Instead, bottle “A” was labeled “A” and tested first so here we are.

Such arbitrariness should not control Gordon’s fate when it comes to his livelihood.

Here is something that is not arbitrary: the type of testing that is done in these cases.

Typically, the first urine sample is tested for a panel of different drugs. If that sample comes back positive for a particular substance, then the second urine sample is tested using a different, more specific form of analysis. That different analysis is called gas chromatography/mass spectrometry (GC/MS).

GC/MS identifies the drug molecules based on characteristic fragmentation patterns at specific retention times. In other words, GC/MS is a highly sensitive form of detecting the true and accurate level of the substance in the urine that is only usually done to confirm the first positive test.

If GC/MS was done on Gordon’s second sample and not the first, then the argument is that the true and accurate level of marijuana in his system was 13.63 ng/ml, not the 16 ng/ml that was in bottle “A.” That too, is enough to get his suspension lifted.

It’s been said that Gordon will argue his urine was positive for marijuana (THC, actually) due to secondhand smoke. The cut-off level for marijuana is so low in the NFL that that argument is completely reasonable.

Remember back in 1998 when that snowboarder won the Olympic gold medal only to get it snatched away from him by the Olympic Committee because he tested positive for marijuana? That was Ross Rebagliati, and he tested positive for marijuana at 17.8 ng/ml.

Regabliati claimed the THC metabolite ended up in his system due to secondhand smoke. The Olympic Committee gave the gold medal back, mainly due to marijuana not being on the Olympics’ banned-substance list. So it’s not the first time we’ve heard the secondhand smoke argument.

Gordon’s secondhand smoke argument is problematic because the NFL holds these guys accountable for what goes into their bodies, which is also completely reasonable.

Then there is the chain-of-custody to examine, along with a host of other potential problems that come along with drug testing, including calibration of machines and certification of the labs where the testing was done—that’s where the details matter.

Gordon’s legal team, of course, has those details and will present them on Friday. Based on what’s been reported thus far, and what I know about Gordon's drug test results, I think the only types of hits Gordon will be taking are from defensive backs.

http://fieldandcourt.com/component/k2/it...ong-appeal.html


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Quote:

Typically, the first urine sample is tested for a panel of different drugs. If that sample comes back positive for a particular substance, then the second urine sample is tested using a different, more specific form of analysis. That different analysis is called gas chromatography/mass spectrometry (GC/MS).

GC/MS identifies the drug molecules based on characteristic fragmentation patterns at specific retention times. In other words, GC/MS is a highly sensitive form of detecting the true and accurate level of the substance in the urine that is only usually done to confirm the first positive test.

If GC/MS was done on Gordon’s second sample and not the first, then the argument is that the true and accurate level of marijuana in his system was 13.63 ng/ml, not the 16 ng/ml that was in bottle “A.” That too, is enough to get his suspension lifted.




I was wondering why the precision reported was so different. Makes sense.

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A disparity between 16 and 13.6 isn't that crazy at all. They are pouring 1 cup into 2. This isn't refined jet fuel.

On bending the rules...Employers have to have the same standards for everyone (in the same job position). Unless they want to be sued, they can't bend the rules for Josh. The protocol has to be the same for everyone. That includes hiring, the random process, the reason for an immediate test. Considering (a) this is somewhat public info via "sources" (b) the $$$ amounts that Blackmon or other players have lost, and (c) potential legal fees, it could be extremely expensive to cut Josh some slack here.

That's not to say the legal team can't find something that went wrong with the sample or collection. But I don't see "secondhand" as an excuse.

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JC

A disparity between 16 and 13.6 isn't that crazy at all. They are pouring 1 cup into 2. This isn't refined jet fuel.

On bending the rules...Employers have to have the same standards for everyone (in the same job position). Unless they want to be sued, they can't bend the rules for Josh. The protocol has to be the same for everyone. That includes hiring, the random process, the reason for an immediate test. Considering (a) this is somewhat public info via "sources" (b) the $$$ amounts that Blackmon or other players have lost, and (c) potential legal fees, it could be extremely expensive to cut Josh some slack here.

That's not to say the legal team can't find something that went wrong with the sample or collection. But I don't see "secondhand" as an excuse.




If thats what you think about the NFL, then I give you

exhibit A: Ben Rothlesberger - 4 game suspension (after sexual assault charges were dropped)
exhibit B: Ray Rice - 2 game suspensions (wasn't charged, but we all know the video)

Now tell me everyone is treated equal in the NFL and there is no room for wiggle? I know thats the personal conduct policy as opposed to the illegal substance policy but the point is kind of the same.

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http://www.cbssports.com/general/writer/...?tid=1406831133

Will Gordon's career be saved by Paul Goodell's fumble of the Ray Rice pseudo-suspension??


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j/c

My understanding is that a B test is routinely checked to confirm/deny a positive A test. That's why the B test exists, no?

In reading about this crap - and I do not remember where I read it - I thought that Josh was the exception in that the B test was negative. His exception being that others who tested positive on the A test also tested positive on the B test.

I think this whole thing is ridiculous...if the A/B test leaks are factual this should have been thrown out a long time ago.

(I understand that the NFL has its own set of rules and the/a rule of law may not apply...however with that said, the ruling could be easily interpreted however they wish as it's a rule of the NFL and not a law of the land. It's their rule, they can interpret it however they wish.)

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From other stuff that I'm reading this 15 is not even close to borderline as in other organizations have their failed policy test set at 150 10 times the level noted for the NFL. Which to me and I'm going on sherlock holmes deductive reasoning not KNOW FACTS TO ME. That probably the norm failed test is around 150+ for those caught with Weed. Not the oh well won vile in the split up of the same test shows 16 the other 13...straddling the Failure Zone.

I think this is probably very unique. I think Legally even an Appointed court Lawyer with a degree from Vinny B Goomba University would be able to get Gordon off.

NFL, Arbitrator appt. by NFL...who knows what I do know the team Gordon unless its a mild suspension will not settle for that without appeal but the will take it outside of the NFL and that is what should scare the NFL cause they had one in Sherman - they can't have another back to back in Gordon. THEY WILL LOSE (they being the NFL) their entire suspension system will go down the tubes.

Again I'm not siting even my opinion. I'm looking at this logically and think this is what will happen - the NFL might have Gordon not appeal a 2 game suspension.

So its nothing or a 2 game suspension not to save face from Rice...more so to save their entire suspension system.

After all in my retirement I was watching every freaking Judge Show out there....sort of like sleeping at a Holiday Inn Express...lol


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Thank you for posting that article. That little nugget that steve picked up on buried in the middle (about the two different tests) is HUGE.

It makes a lot of sense that you would use a more general type of test to cover a number of different substances, and then use the more specific and accurate tests later, if needed.

What makes me is that, according to several previous articles, they only use the more accurate, fancy test to check for the mere presence of the substance (in any concentration). That's dumb. The more accurate test should be able to trump the inital, general test.

So, since one test is used for bottle A, and another test is used for bottle B, then the whole argument about which bottle is labeled which and tested in whatever order is pointless. The difference can be attributed to the test used, not the order the bottles are tested in.


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Godells only chance in doing the right thing is to throw this out and site the 70 other test where gordon passed as an example that Josh has turned over a new leaf so to speak. This would show that Gordon has learned from his mistakes and that this one test isnt a testament to the work he put into getting clean. the amount is sooo small its not even funny. he can and should throw this out, and annouce that they are going to go with the Olympic standards from here on out.


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Godells only chance in doing the right thing is to throw this out and site the 70 other test where gordon passed as an example that Josh has turned over a new leaf so to speak. This would show that Gordon has learned from his mistakes and that this one test isnt a testament to the work he put into getting clean. the amount is sooo small its not even funny. he can and should throw this out, and annouce that they are going to go with the Olympic standards from here on out.



I think what should happen is the NFLPA should relent and allow the HGH testing, and the NFL should relent and increase the allowable limit for THC while reducing the punishment for repeat offenders.

But alas, that makes too much sense to happen.

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Yeah, raise the THC limit to 500,000,000ng. Meaning, the NFL will still test for it, but at that threshold, you'd have to be injecting concentrated THC extract directly into your heart minutes before the test.

HGH is the bigger problem, but it's the dirty little secret of the NFL. Baseball gets CRUSHED in the media for their PED problems, but the NFL skates on not testing for HGH. Insane.


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Yeah, raise the THC limit to 500,000,000ng. Meaning, the NFL will still test for it, but at that threshold, you'd have to be injecting concentrated THC extract directly into your heart minutes before the test.

HGH is the bigger problem, but it's the dirty little secret of the NFL. Baseball gets CRUSHED in the media for their PED problems, but the NFL skates on not testing for HGH. Insane.



agreed... I don't get it either. I think there's a certain blissful ignorance going on that a lot of people only seem to associate PEDs with specifically testosterone, and that anyone who takes steroids will instantly baloon up to bodybuilder size or otherwise be extremely obvious (Barry Bonds, Shawne Merriman, Brian Cushing, Alistair Overeem, etc.). Neither are necessarily the case. There are plenty of drugs that are extremely helpful for athletes, e.g. HGH and amphetamines, and plenty of low-dose steroid users that get a great advantage in being stronger/more explosive in sport without being freaky huge.

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Also, I think the players union has resisted so strongly on the HGH thing because it's such a widespread thing. Start testing for that and it negatively affects half the league, whereas there are only a couple knuckleheads that keep failing the recreational drug tests.

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And the NFL doesn't want to test for it because they don't want to be the next MLB.

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Well in 24hrs we should probably know one way or another. I highly doubt they drag it out longer.

Seems to be information and speculation ranging from him getting off, partial suspension to the book thrown at him. By the rules he should be suspended for a full year and that is what I expect.

By Goodell not being there he can wash his hands of the decision either way and say he appointed an arbitrator and will uphold the arbitrator's decision.


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By Goodell not being there he can wash his hands of the decision either way and say he appointed an arbitrator and will uphold the arbitrator's decision.




That's kinda been my take on Goodell not being there as well.

If Gordon is suspended for the year, Goodell can say "hey, the rules were followed, don't blame me, I wasn't there", and if the suspension is not forthcoming or is reduced Goodell can say "Hey, the arbitrator made his decision, don't blame me, I wasn't there."

Goodell not being there is a joke. He's got plans? I'll bet he could be in New York, here the appeal, make a decision, and still be where ever he needs to be by 4 pm.

Of course, the appeal will take place, and we'll all be in limbo until monday or tuesday anyway before a decision is made.

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By Goodell not being there he can wash his hands of the decision either way and say he appointed an arbitrator and will uphold the arbitrator's decision.




That's kinda been my take on Goodell not being there as well.

If Gordon is suspended for the year, Goodell can say "hey, the rules were followed, don't blame me, I wasn't there", and if the suspension is not forthcoming or is reduced Goodell can say "Hey, the arbitrator made his decision, don't blame me, I wasn't there."

Goodell not being there is a joke. He's got plans? I'll bet he could be in New York, here the appeal, make a decision, and still be where ever he needs to be by 4 pm.

Of course, the appeal will take place, and we'll all be in limbo until monday or tuesday anyway before a decision is made.




Yeah I can't think of another good reason (other than pushing it out for TV interest) that the appeal is just now happening other than Roger had to make sure he had another committment.

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Quote:

http://www.cbssports.com/general/writer/...?tid=1406831133

Will Gordon's career be saved by Paul Goodell's fumble of the Ray Rice pseudo-suspension??






Thats a really good read. Thanks for posting.

I've seen plenty of posters hating on Josh - claiming him to be some kind of tripped out junkie with a serious problem. How the ignorant love to throw stone's without the facts?

70 clean drug tests in under two years?? And the failed drug test is a billionth of a gram above a threshold that is 10 times lower than the Olympic testing standard? Add to that the other sample was under the threshold. Add to that if you take the average of the two samples he is under the threshold?

Pah - To me it shows how people like to judge others far harsher than they would like to be scrutinized and judged themselves. Do I think Gordon is an idiot for putting himself into that situation? Certainly. Do I think he's the junkie that many want to suggest - not in the least.

No idea what decision will come down tomorrow - but given the length of time it's taken to come to resolution, and what a key component of the team Gordon is, I am hopeful that it indicates a lenient 2-4 game suspension. How can the NFL impost a year ban and then in a year or 2 increase the threshold that he was only just over?


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Quote:

Quote:


By Goodell not being there he can wash his hands of the decision either way and say he appointed an arbitrator and will uphold the arbitrator's decision.




That's kinda been my take on Goodell not being there as well.

If Gordon is suspended for the year, Goodell can say "hey, the rules were followed, don't blame me, I wasn't there", and if the suspension is not forthcoming or is reduced Goodell can say "Hey, the arbitrator made his decision, don't blame me, I wasn't there."

Goodell not being there is a joke. He's got plans? I'll bet he could be in New York, here the appeal, make a decision, and still be where ever he needs to be by 4 pm.

Of course, the appeal will take place, and we'll all be in limbo until monday or tuesday anyway before a decision is made.




What's funny is Goodell will be in Canton. They couldn't of held the meeting in Canton? It's a 50min drive from Cleveland.


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And thanks for your post too Memphis. Made a great deal of sense.


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Quote:

The more accurate test should be able to trump the inital, general test.




Absolutely. Anything else is inconceivable...


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I can't wait until this over. The ignorance and lack of character of Brown's fans is really upsetting.

Hey...........where is Devon Bess.

Freaking hypocrites!

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what's hypocritical? We gave Bess paid time off to get his stuff together. He just didn't.

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