Off the wire

No settlement in ‘Deflategate’

New England Patriots quarterback Tom Brady leaves federal court in New York on Monday. Brady and NFL Commissioner Roger Goodell attended last-minute settlement talks between the NFL and its players union before a judge announced he would decide the dispute over deflated footballs with a ruling in a day or two.
New England Patriots quarterback Tom Brady leaves federal court in New York on Monday. Brady and NFL Commissioner Roger Goodell attended last-minute settlement talks between the NFL and its players union before a judge announced he would decide the dispute over deflated footballs with a ruling in a day or two.

NFL Commissioner Roger Goodell and New England Patriots quarterback Tom Brady attended last-minute settlement talks between the NFL and its players union Monday before a judge announced he would decide the dispute over deflated footballs with a ruling in a day or two. Everyone involved “tried quite hard” to reach a deal in the controversy that has hung over professional football since New England won the AFC Championship Game against the Indianapolis Colts in January, U.S. District Judge Richard Berman said in federal court in Manhattan. However, Berman also said, “We did not reach a settlement. … In some cases, it doesn’t happen and this is one of those cases.” Absent a compromise, Berman will have to either affirm or throw out Goodell’s decision in July to uphold a four-game suspension of Brady. The NFL concluded the quarterback colluded with two Patriots ball handlers to deflate footballs to gain an edge in a 45-7 victory over the Colts. The NFL Players Association has accused the league of handling the discipline unfairly for Brady, who has denied any role in the scandal. Speaking at a hearing that lasted less than five minutes, Berman said senior executives from the league and the players union who had not attended several previous settlement talks joined more than an hour of negotiations Monday morning. New York Giants president and co-owner John Mara took part, as did free agent kicker Jay Feely, Berman said. Feely is a member of the union’s executive committee and Mara is chairman of the NFL’s executive committee that oversees labor matters. “For us, it reinforces the desire and the need for an independent arbitrator in these matters of personal conduct,” Feely said outside court. “But we understand Tom’s position and I think the process will work itself out.” Berman said he’s putting the final touches on his decision. “It won’t be today, but hopefully tomorrow or the day after,” he said of a written ruling. Berman said previously that he hoped to rule by Friday, giving the Patriots enough time to prepare for their Sept. 10 season opener against the Pittsburgh Steelers.

• A prosecutor said in opening statements Monday that former Indianapolis Colts linebacker Josh McNary ignored a woman’s requests to stop after he began having sex with her at his apartment last December. McNary’s attorney said the accuser is “a confused young woman” who “drinks too much” and mixes medication with her drinks, the Indianapolis Star reported. McNary, 27, went on trial Monday on charges of rape, criminal confinement and battery. He has pleaded not guilty. Deputy Prosecutor Courtney Curtis said the woman had gone to three downtown bars with friends and met McNary at one of them, Tiki Bob’s. The two talked, danced and flirted before going to McNary’s apartment. They kissed and flirted more, but the then-29-year-old woman decided she didn’t want to be there, Curtis said. Court records indicate that police tracked information from a cellphone that the woman says she took from the man’s apartment and determined the man was McNary, a West Point graduate who had spent two seasons with the Colts. The woman told detectives she scratched her attacker, and when they interviewed McNary, they noticed he had scratches and abrasions on his neck, abdomen, shoulder and back, records said.

BASEBALL

Fan death raises questions

The death of a longtime Atlanta Braves season-ticket holder raises questions about the height of guard rails at the team’s new stadium that is to open in 2017. The Braves say they had safety in mind when planning SunTrust Park even before Gregory Murrey’s death Saturday night. Team officials Monday would not release plans for railing heights at the new stadium. The railings at Turner Field meet industry requirements, but the team could exceed those heights at their new building. The International Building Code, the accepted industry standard, has a minimum height requirement of 42 inches for guard rails that act as protective barriers in open-sided areas such as walkways or smoking platforms. Railings in front of seated areas must be 26 inches. Braves President John Schuerholz didn’t address specifics Sunday about guard rails at the new stadium, though he said the weekend death wouldn’t influence construction plans. “We’re not going to tie that into how you design a facility,” Schuerholz said. “It was a sad, tragic event. We obviously abide by industry regulations and we’ll continue to do that.” The Braves released a statement Monday, mourning the loss of Murrey and also addressing safety at the new stadium. “Finally, as we look to the future, we are working with our architects to ensure that SunTrust Park has effective safety protocols in place at the time of opening,” the team said. “This process began during the design phase of SunTrust Park many months ago and will continue every day. “We are fortunate to have an architecture firm that has designed many ballparks — and other sports facilities — so we can draw upon their experience as industry leaders in creating the safest and best sports and entertainment experience. Ensuring the safety of our fans while in the ballpark has always been and will always be a priority for our organization.” Murrey, 60, of Alpharetta, Ga., was pronounced dead at Grady Memorial Hospital following his fall in the seventh inning of the Braves’ game against the New York Yankees. The Fulton County medical examiner Monday ruled the death an accident caused by blunt-force injuries to his head and torso. Toxicology results will not be available for several weeks.

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