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Thoughts on June 18, 2012, players’ hearing before Roger Goodell

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The reason for this is that both Article 46 and the player contract, paragraph 15 clearly provide for a right to  a hearing with counsel present. And we believe the essence of that hearing contains certain matters that are being denied to the players here.

In particular, we’re not being given the opportunity to confront and cross-examine the actual witnesses who have evidence on this. We understand that we’re going to hear from security people who interviewed others, or we might be hearing a presentation from counsel, outside counsel for the NFL, we learned, but we’re not going to have a right to confront the witnesses, the coaches, who we’ve asked for, and we’re not being given the right to  look at all of the evidence that was reviewed by even the security officials in  preparing the report, and we’re not being given the right to be given access to what might be exculpatory evidence regarding this.

Additionally, Kessler stated

"“we asked for copies of all evidence that is relevant. 18,000 documents have been identified by the NFL in their security report. We’ve been given less than 200. We assume that much of that evidence may be helpful to the players, yet we have not been given access to any of it."

… NFLPA asked for materials provided from Mr. Duke Niphon, who was interviewed by the NFL in connection with this matter. We understand Mr. Niphon has provided exculpatory information, and we do not believe all that information, at least according to Mr. Niphon, that was given to the NFL has been turned over to us despite our request. …