INSIDER: Travis Henry Appeal to be Heard in Arizona

[rsekine 0]

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

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!

 

DENVER SPORTS INSIDER MAIN BLOG

[Guest _my_2_cents_]

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 have has learned that blogs can be the single most annoying thing on the planet - especially ones that call themselves "DENVER SPORTS INSIDER MAIN BLOG" or anything trying to sound more important than some non-news speculation based crap-ola like this.

 

Itsatip that when a site trying to pass itself off as journalism lacks the fundamentals of grammar, it's news is probably just as credible.

 

have has, etc.

 

Further, I fail to see anything new or even remotely interesting here. His date is still the 16th, right? We have the name of the toxicologist and the exact tested amount (allegedly) - who the hell cares?

 

I just want that POS suspended already. I have Selvin Young in one league and in another league my week 11 opponent has Henry. Any real news on the Henry suspension is appreciated. Crap-ola like this is not.

 

TIA

[idiotec 31]

He has never had a chance to win the appeal. All he is doing is postponing his suspension, which he has been very successful.

[jgcrawfish 232]

some of this goes against what was indicated in the original hearing date, mainly that the judge would close the hearing in 1 weeks time. originally it was 2 weeks to prepare, 1 to hear the facts, decision the next. i'm holding on to selvin in 2 leagues, definitely keeping him in the dynasty league, but may try and jettison him for a QB upgrade in the redraft. i'm not real happy with travis henry in general keeping me from using Selvin, but i'm pissed as hell at Shannihan...he's the devil...I should have known better to involve myself in anything having to do with Denver's backfield. Hell, from what I've experienced before, this whole thing was probably setup by Shanny just to fock with us FF players.

[Guest _my_2_cents_]

some of this goes against what was indicated in the original hearing date, mainly that the judge would close the hearing in 1 weeks time. originally it was 2 weeks to prepare, 1 to hear the facts, decision the next. i'm holding on to selvin in 2 leagues, definitely keeping him in the dynasty league, but may try and jettison him for a QB upgrade in the redraft. i'm not real happy with travis henry in general keeping me from using Selvin, but i'm pissed as hell at Shannihan...he's the devil...I should have known better to involve myself in anything having to do with Denver's backfield. Hell, from what I've experienced before, this whole thing was probably setup by Shanny just to fock with us FF players.

 

I think it was actually Shanny's pee. :tinfoilhat:

[Mephisto 15]

Anyone who argues that you can get a positive test from second-hand smoke - doesn't know what he's talking about.

[Borat33 17]

I don't even own Selvin Young and I hope he gets suspended. Dude blows.

[HardTack 0]

Anyone who argues that you can get a positive test from second-hand smoke - doesn't know what he's talking about.

 

 

Have you ever seen 'Jewel of the Nile'? Where they found that crashed plane and the stash of hash or pot or whatever it was and they made a fire out of it. I would think that would be considered second hand smoke....not arguing with you, but if he was in a smoke out at some big party, I would think that it could be possible to test positive....but not to the extent that he was.

[The Next Generation 10]

(Rotoworld) Attorneys for the NFL have formally asked for a federal court to throw out the lawsuit Travis Henry has filed against the league.

 

Impact: The NFL argues that Henry's case should be handled within the league because of their specific policy on drug cases in the collective bargaining agreement, and the fact that Henry hasn't exhausted the league's grievance process. As it stands, Henry's case won't be settled until the end of the month, meaning his Nov. 16th appeal with the NFL could be postponed.

[Jello Biafra 0]

Frankly, "Skip Jones" sounds like a made up name for a doctor.

[Guest _my_2_cents_]

Have you ever seen 'Jewel of the Nile'? Where they found that crashed plane and the stash of hash or pot or whatever it was and they made a fire out of it. I would think that would be considered second hand smoke....not arguing with you, but if he was in a smoke out at some big party, I would think that it could be possible to test positive....but not to the extent that he was.

 

If that is Henry's argument...that he was at a big party where a tremendous smoke-out occurred....and enough trees were burned for him to pop 40% over the allowable limit with second hand smoke, than as a league official I would suggest that he violated the league personal conduct policy by putting himself in that position.

 

Result: still his fault.

[mitch moore 0]

I was thinking the exact same thing, how do you put yourself in a position to inhale enuf second hand smoke to fail a drug test when you know it may cost you millions of dollars.

If you need to relieve some stress, down a couple forties(legal).

 

Moreover, after your 4th or 5th illegitimate, child either wear a glove or get yourself fixed.

 

I can come to no other conclusion that Henry is borderline retarded.

[Guest _my_2_cents_]

Moreover, after your 4th or 5th illegitimate, child either wear a glove or get yourself fixed.

 

I can come to no other conclusion that Henry is borderline retarded.

 

Either that or he just smoked enough ganja to forget to put the jimmy hat on?

[Grind 0]

Maybe he is handed the bong from another person and therefore considers the smoke within it as second hand.

[dreadlocks34 0]

Anyone who argues that you can get a positive test from second-hand smoke - doesn't know what he's talking about.

That the guy would even put himself in that position knowing millions of dollars hang in the balance as he was nearly out of the program is so completely idiotic that he deserves whatever he gets, even it were somehow true.