Raider Nation
Devil's Advocate
Interesting parts bolded.
LINKBy Josina Anderson, FOX 31 Sports
DENVER - Just four days after Denver Broncos Running Back Travis Henry participated in a hearing to fight the results of a positive marijuana test, a source with first-hand knowledge of the situation said they believe Henry has a chance at winning his appeal on a technicality.
"He's got a shot to win this. They [the National Football League] f****d up," said the inside source.
Last Friday, at the downtown Hyatt in Phoenix Arizona, lawyers defended Henry's case in his requested appeal hearing.
Prior to the appeal hearing, Henry's lawyers asked the League to turn over all documents related to Henry's latest positive test result that existed two weeks prior to, and two weeks after the actual test, the source said.
"Henry's lawyers asked [the League] 'is this all?' They were told 'yes.' They asked again, 'is this all?' They were told, 'yes.' Well it was not all," the source revealed.
The same source said -to their knowledge- it was unknown that there were unproduced materials in the discovery process prior to the appeal. The source said this miscue may be enough to allow the hearing officer to rule in Henry's favor, and thereby result in the Broncos running back escaping a one-year suspension.
"It's an issue of fairness. If the players are held to a strict stance, everybody else has to abide by the same policy."
"Did it have an effect? Maybe, or maybe not. The fact is, it could have potentially affected his case."
This sentiment comes despite the fact that Henry tested positive for marijuana with a result of 21ng/ml. The League's benchmark is 15ng/ml.
When asked if the hearing officer might recommend a shorter suspension as a compromise, given the lack of complete discovery, the source expressed doubt. "My guess is that it's going to be all or nothing," they said. "I don't think that the hearing officer has the power to modify the suspension [length]."
"The only reason why [Henry] would have a favorable ruling is because of that screw up."
On November 12th, Broncos head coach Mike Shanahan defended the innocence of his starting running back after announcing that Henry had passed both a lie detector and hair sample test.
However, the source does not believe the team-scheduled tests will have any bearing on the hearing officer's decision.
According to the source, the line of questioning from the lie detector test was introduced as evidence during the appeal hearing, but it was not impressive. "There were questions like…'did you smoke a marijuana joint between these such and such dates?"
"What's wrong with that? It doesn't ask you if you smoked the marijuana from a bong or a pipe," answered the inside source. "The question should have been, did you knowingly ingest marijuana," explained the source.
"There is a reason why the League doesn't use hair sample tests and lie detector tests; they're not reliable," opined the source.
Henry has said that a decision on his appeal is expected as early as Tuesday.
Calls to Henry's lawyers were not immediately returned for this report.