The NFL has responded to a petition filed on behalf of Cowboys running back Ezekiel Elliott, calling it a Hail Mary with "a number of fantastical assertions" and stating unequivocally that Commissioner Roger Goodell was advised and aware that the lead investigator in the case recommended no suspension.
The NFL Players Association filed a petition to vacate the arbitration award Thursday in U.S. District Court in the Eastern District of Texas. The basic stance is that the league's process in this case "deprived the union and Elliott of fundamental fairness."
Soon after the three-day appeal hearing concluded Thursday, reports began to leak out that Kia Roberts, the NFL's director of investigation and the only person in the league to interview accuser Tiffany Thompson, did not recommend a suspension. It's clear Elliott's team will use this to support their assertion about the inherent unfairness of this process.
Brian McCarthy, the NFL's vice president of communications, forcefully addressed that issue Friday morning.
"We're not going to go line by line on this, but getting into some of the points they raised, talking about a conspiracy in a couple of different ways, saying Kia Roberts views were not presented, that is unequivocally false," McCarthy said. "The views of Roberts and many other people were represented throughout the process. It was widely known what her views were and the commissioner also looked to bring others into the process.
"The commissioner was well aware of Kia Roberts' view and to say otherwise is categorically not true."
While Roberts' recommendation ran counter to Goodell's decision to levy a six-game suspension on Elliott, she still co-authored the report that was used as the basis for the commissioner's decision.
McCarthy went on to say Goodell's decision was not based on a single item or view and that he took into account corroborating evidence, forensics, medical information and the testimony of other witnesses.
He also stressed the league's collective bargaining agreement empowers the commissioner to make this decision, a point the court made clear when New England quarterback Tom Brady tried to challenge the commissioner's authority.
"This legal filing (by NFLPA) is an uncontested Hail Mary," McCarthy said. "They are going to put in a number of fantastical assertions.
"From a purely legal point of view and what the courts will look at, the CBA is clear that the commissioner has the responsibility to make these decisions."
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