JohnnyU
Footballguy
I started a new thread because the other Henry threads are full of BS. Might as well start clean.
I don't know if this has already been posted, but while reading the Javon Walker thread, in the link provided about Javon Walker I noticed this tid bit about Henry.
Here
I don't know if this has already been posted, but while reading the Javon Walker thread, in the link provided about Javon Walker I noticed this tid bit about Henry.
Here
INSIDER: Travis Henry Appeal to be Heard in Arizona
Last Edited: Monday, 05 Nov 2007, 10:48 AM MST
Created: Monday, 05 Nov 2007, 10:48 AM MST
Broncos RB Travis Henry SideBar
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Denver Sports Insider Blog
It’s been reported already that Travis Henry’s appeal date has been tentatively reset from November 5th to November 16th in New York.
However, contrary to current reports, I have learned from both a highly placed League source and a source inside of Henry’s camp, that the appeal is tentatively scheduled to be in ARIZONA.
“That’s because a lot of people in the [N.F.L.P.A’s] drug program will be in Phoenix,” explained a highly placed N.F.L source.”
“I believe that the change in date had to do with a scheduling conflict that Harvey Steinberg had,” added a highly placed League source.
Steinberg was unavailable to comment on whether his court calendar factored into the scheduling change for Henry’s appeal at time of this report.
Steinberg, a lawyer working in the Denver metropolitan area recently told me that, “I am just the local lawyer,” on Henry’s appeal case.
In the meantime, I gained insight into some of the arguments Henry’s team will likely present during the appeal. But first and foremost the source inside of Henry’s camp acknowledged the following things I’ve already reported [some of the information is new based on the source’s report]:
1.) Henry did test positive for marijuana.
2.) Henry tested over the Collective Bargaining Agreement (C.B.A.) limit by 6ng/ml.
*The C.B.A limit is 15ng/ml. The fact that Henry’s result was 21ng/ml is new!
3.) Henry did have a Toxicologist present to witness the testing of his “B” urine sample after William Closson (the original Toxicologist) was rejected. What’s new, according to the source inside of Henry camp, is the identity of the Toxicologist who did witness the testing of the “B” urine sample; the Toxicologist’s name is Dr. Skip Jones.
4.) Lastly, it is "unlikely" that a judge will order his reinstatement under the hypothetical scenario that his appeal is denied and his case is further challenged in the courts.
So the question is, if the facts of Henry’s case demonstrate that he did test positive for marijuana, and that his result was over the limit set by the C.B.A, and that Henry did have a Toxicologist present for the testing of his “B” urine sample (It’s been reported that Henry’s defense against the League suspending him for a year would be that his C.B.A right of having a Toxicologist present for the testing of his B sample was ignored), than what exactly will Henry argue?
I have has learned the strategy of Henry’s team in part will likely be to challenge the C.B.A benchmark of 15ng/ml. The contention is that this specific level is not an amount that many experts would consider a positive test. Moreover, the sentiment is that Henry’s level is low enough to raise questions about reliability.
I also determined that Henry’s team will likely contend that Henry’s result of 21ng/ml does not prove that he knowingly violated the leagues substance abuse policy. In other words, that there is a possibility that Henry’s marijuana levels are a result of second hand smoke.
So to that end, and for further clarification, a highly placed League source retorted with this:
“They’ll be going up against forensics that show experiments where guys have been put into a car full of smoke, and then have been tested!”
The highly placed league source further emphasized that to their knowledge the League limit of 15ng/ml has been set to negate the argument of testing positive due to second hand smoke.
Possibly the stronger argument that Henry’s team is likely to contend is that the N.F.L ignored a lawfully served restraining order issued by the New York State Court to hold off on testing Henry’s B sample.
Reporters Note: This is an argument Henry’s lawyers are presenting--according to court documents-- to get his case remanded back to a State court and out of federal jurisdiction.
In conclusion, based on the new reset appeal hearing date of Nov.16th, if the process and the decision took- let’s say-2 weeks—Henry could still hypothetically miss 5 games this season as part of a year suspension. That of course is conjecture. I have been told, by people who know however that, the length of the appeal process will depend on the evidence adduced at the hearing!
The good news for Henry in all of this is that I’ve learned, through the source in Henry’s camp, that the Broncos have been very supportive during the whole process.
TO MY BLOG POUND: Sorry I have been out of pocket! The Rockies usurped all of my attention! But I am back today with a report for you all! Stay locked in!
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