RJV Posted October 13, 2007 Share Posted October 13, 2007 (edited) The Local FOX 31 news channel in Denver has confirmed that the NFLPA has now received official notification from the NFL of Henry's substance violation & that same notification has been sent to Henry. Henry has five days from the receipt of the official violation notification to appeal the decision & upon appeal (if there is one) the Commissioners designee, would likely hear the appeal within one to two weeks. It is also reported that the NFL's "in house process" will not be inhibited by Henry's Lawsuit. http://www.myfoxcolorado.com/myfox/pages/S...mp;pageId=6.3.1 This is the same news source that initially broke the story of Henry's positive drug test. I pasted this to make it more of a focal point so ppl will address it. Thx to Big Score 1 for this information. Edited October 13, 2007 by RJV Quote Link to comment Share on other sites More sharing options...
Zooty Posted October 13, 2007 Share Posted October 13, 2007 (edited) No, it's no good but it looks like it will be close to a month until they can suspend him. He can't be suspended until the proof of the positive test and that is what he is trying to stop From ESPN A federal judge's ruling in the case involving Travis Henry's attempt to avoid a one-year suspension for a repeat violation of the NFL substance abuse policy has likely provided the Denver Broncos' tailback with another month or so of playing time. According to court records first cited by The Denver Post and confirmed by a clerk, U.S. District Court Judge Leonard Wexler has ordered lawyers for Henry and the NFL to file motions in the case in two weeks. There is an additional week after that in which the two parties can file responses to the motions. Henry also has appeal rights in the league which might further delay a suspension and keep him on the field deeper into the season. The issue being challenged by Henry is that the NFL would not allow his expert to observe testing of the so-called the "B-sample" of his specimen. Although the collective bargaining agreement permits a player to have an expert present for the testing, league vice president Greg Aiello said that expert cannot be affiliated with any laboratory. The expert presented by Henry, Dr. William Closson of Long Island, N.Y., did have such an affiliation. The NFL provided Henry with the names of 10 independent experts as reference for his potential use. In an affidavit filed by Henry on Sept. 18 as part of his court action, the Denver tailback stated: "There is no valid reason why any unlawful substance would be in my urine. This must be a mistake." He also noted in the affidavit: "If I fail this test, I will be suspended for one year from my employment, and will be obliged to repay all signing bonuses paid to date. ... I will be prejudiced if my expert cannot observe these tests." Henry's original suit was filed in a state court in New York, which granted him a temporary restraining order. The league successfully quashed the order, however, by having the case moved to a federal court, because, it argued, interpretation of the NFL collective bargaining agreement falls under the jurisdiction of federal law. The NFL is attempting to have Henry's case dismissed. In 2005, while with the Tennessee Titans, Henry was suspended four games for violating the substance abuse program. He would have rotated out of the program on Oct. 1 had he not had any subsequent positive tests before that. Citing confidentiality guides, league officials have not commented on Henry's status in the substance abuse program. But since he filed his lawsuit in September, logic suggests his positive test occurred before Oct. 1. It is believed that, if the case goes to trial, Henry's attorneys will argue that the low levels of tetrahydrocannabinol (THC) in his urine sample do not meet league thresholds, and could have registered as a result of second-hand Josh Gordon inhalation. Henry has said that he will submit to a lie detector test and provide hair samples to support his innocence. Henry was said to have been in New York this week meeting with his attorneys. The Broncos have a bye this week. Henry, 28, signed a five-year, $22.5 million contract with the Broncos in March, only days after his release by the Titans to avoid paying him an $8 million roster bonus. The deal included a $6 million signing bonus to be paid in three installments. There is also a $6 million option bonus. If Henry is suspended, the Broncos would likely attempt to recover part of the bonus money already paid, and withhold future payments due him. A seventh-year veteran, Henry is currently the second-leading rusher in the league. He has carried 102 times for rushed for 498 yards and one touchdown in five games. I believe the bolded part indicates how long it will take until the NFL could be given the results of the tests in which he "may" have failed. That looks to me that it could be weeks until those results are released depending on how long his lawyer is able to delay it. I said could and may but I still think he failed. They were to cover in-case the NFL actually lost the case and was unable to get the results and thus suspend him. (and I think its doubtful that he isn't eventually suspended, it just might not be till mid-December) Edited October 13, 2007 by Zooty Quote Link to comment Share on other sites More sharing options...
Cnote187 Posted October 13, 2007 Share Posted October 13, 2007 Wow I just traded henry like beginning of last week. I was feeling pretty stupid when I heard he may last a month and a half. But this is a bombshell for Henry owners Quote Link to comment Share on other sites More sharing options...
tbimm Posted October 13, 2007 Share Posted October 13, 2007 Not sure I completely understand all the legalities but I cant see how the NFL can trump an appeals court? Quote Link to comment Share on other sites More sharing options...
Zooty Posted October 13, 2007 Share Posted October 13, 2007 (edited) Not sure I completely understand all the legalities but I cant see how the NFL can trump an appeals court? That's my point. At worst they could suspend him after he appeals (assuming he does) which would be 2 weeks but then they risk a lawsuit if he wins the real appeal in a US court. Edited October 13, 2007 by Zooty Quote Link to comment Share on other sites More sharing options...
isleseeya Posted October 13, 2007 Share Posted October 13, 2007 Selvin sits and waits eagerly on my bench...his time will come Quote Link to comment Share on other sites More sharing options...
Big Score 1 Posted October 13, 2007 Share Posted October 13, 2007 I believe the bolded part indicates how long it will take until the NFL could be given the results of the tests in which he "may" have failed. That looks to me that it could be weeks until those results are released depending on how long his lawyer is able to delay it. I would hazard a guess that since the NFLPA has already received official notification from the NFL detailing Henry's substance abuse violation resulting from the failed test & the same offical notification has been sent to Henry, obviously he HAS failed the test & the result IS being used. Quote Link to comment Share on other sites More sharing options...
xtra Posted October 13, 2007 Share Posted October 13, 2007 I would hazard a guess that since the NFLPA has already received official notification from the NFL detailing Henry's substance abuse violation resulting from the failed test & the same offical notification has been sent to Henry, obviously he HAS failed the test & the result IS being used. Thats the way I see it,instead of letting Henry draw it out any further they are going to suspend him for the first bad test since he is delaying the B sample test. Quote Link to comment Share on other sites More sharing options...
theeohiostate Posted October 13, 2007 Share Posted October 13, 2007 Not sure I completely understand all the legalities but I cant see how the NFL can trump an appeals court? Don't think the NFL has to wait for anyone, many other players have been suspened without due process from our legal system, why would the NFL give a doughnuts now? Conduct unbecoming an NFL player could be used lightly here Quote Link to comment Share on other sites More sharing options...
Steelhead Posted October 13, 2007 Share Posted October 13, 2007 (edited) Thats the way I see it,instead of letting Henry draw it out any further they are going to suspend him for the first bad test since he is delaying the B sample test. hush Edited October 13, 2007 by Steelhead Quote Link to comment Share on other sites More sharing options...
xtra Posted October 13, 2007 Share Posted October 13, 2007 (edited) hush Smoke on the water Edited October 13, 2007 by xtra Quote Link to comment Share on other sites More sharing options...
MERLINS Posted October 13, 2007 Share Posted October 13, 2007 Henry will be ridin hard for the coming weeks by Denver (good for THen owners) but he will breakdown and Selvin will get his prior to the Suspension in my opinion. Quote Link to comment Share on other sites More sharing options...
Randall Posted October 13, 2007 Share Posted October 13, 2007 Don't think the NFL has to wait for anyone, many other players have been suspened without due process from our legal system, why would the NFL give a doughnuts now? Conduct unbecoming an NFL player could be used lightly here Yes but those players didn't win or file an appeal in the court system. The NFL can appeal but they have to follow american law. They're not George Bush. Everyone has to obey our laws. Quote Link to comment Share on other sites More sharing options...
tbimm Posted October 13, 2007 Share Posted October 13, 2007 Don't think the NFL has to wait for anyone, many other players have been suspened without due process from our legal system, why would the NFL give a doughnuts now? Conduct unbecoming an NFL player could be used lightly here The difference is that the due process is directly related to the drug testing. This isnt a criminal case that is pending but rather a direct challenge to the testing. I think the NFL should be made to wait for due process in this case! Quote Link to comment Share on other sites More sharing options...
xtra Posted October 13, 2007 Share Posted October 13, 2007 (edited) http://www.rockymountainnews.com/drmn/nfl/...5721614,00.html From the league's perspective, Henry's "B" urine sample - players give two samples when tested - would not have to be tested in order for its disciplinary procedures to begin. The testing of the "B" sample is a usual option for the player, but not required in the policy. Henry filed a lawsuit in Suffolk (N.Y.) County court last month to keep the league from testing his "B" sample. The league got that case moved to federal court in Brooklyn, N.Y., and is trying to get the lawsuit thrown out. Henry's lawyers are trying to keep the case in state court. But the league's testing policy shows the player may ask for the "B" sample to be tested - within two days of notification of a positive test from the "A" sample - but that the disciplinary policy, the sources said, is set in motion by the "A" sample. That is independent of Henry's court case in New York, where Henry is challenging parts of the league's drug policy, including how his "B" sample would be tested. Henry's lawyers and the league's lawyers were informed this week by a federal judge they have two weeks to prepare motions and another week to prepare responses to those motions. Henry also would be given time to prepare for an appeal hearing with NFL commissioner Roger Goodell, or someone Goodell designates to oversee the hearing, so the court case and his appeal hearing with the league could conclude about the same time, near the end of this month or early November. Henry will be able to practice and play for the Broncos during the court case and appeal process. If he wins his court case, he is expected to keep playing; the league would likely then appeal that ruling. Edited October 13, 2007 by xtra Quote Link to comment Share on other sites More sharing options...
RJV Posted October 13, 2007 Author Share Posted October 13, 2007 This isnt just a criminal case. Henry violated a rule WITHIN the NFL as well. Which in turn the NFL can decide within its perameters what the punishment should be. This is all in the contract that Henry as well as all the other NFL players sign when playing in the NFL. Its part of the CBA. Look at what happend to TO when he was with the Eagles. He tried to sue the NFL for taking the side of Phila and upholding the suspention. He thought he was due the money he was loosing for not playing. It all comes down to Denver and the Commish, if they have to, they CAN and WILL suspend him on the evedence that they have at hand. Whether it be a drug violation or being a pain in the ass, like TO. They have the say. The Conduct unbecomming rule ranges from Drug use to as little as pissing on the sidewalk. One law has nothing to do with the other. If the NFL desided to suspend him he is gone. They dont need to wait for anything. Then if the Feds decide to charge him with drug use thats something else. Quote Link to comment Share on other sites More sharing options...
Cowboyz1 Posted October 13, 2007 Share Posted October 13, 2007 Henry's dumba$$ was smokin $hit AGAIN, the NFL should just suspend his a$$ and Henry should just shut the F up and find Quincy Carter, who was popped again yesterday. Henry is on his way out of the league just like Quincy and Ricky and all these idiots who would rather roll one then make millions playing Football. UNBELIEVEABLE........... I cannot imagine someone presented with a joint of of Indica in one hand and a check for 22 million dollars in the other, and the fool fires up. I shake my head in disbelief. Quote Link to comment Share on other sites More sharing options...
isleseeya Posted October 13, 2007 Share Posted October 13, 2007 What is the soonest he can be suspended ? Quote Link to comment Share on other sites More sharing options...
Big Score 1 Posted October 13, 2007 Share Posted October 13, 2007 What is the soonest he can be suspended ? He has 5 days to file an appeal from the date of receiving the offical notification from the NFL for violating the substance abuse policy. The way Goodell has been handling discipline I wouldn't be at all surprised to see Henry's appeal being heard & denied the day Henry files it. Especially with the way Henry is jerking the NFL around with this Court BS over his "B" sample. So to answer your question, the soonest Henry could be suspended is within the next few days. Quote Link to comment Share on other sites More sharing options...
isleseeya Posted October 13, 2007 Share Posted October 13, 2007 He has 5 days to file an appeal from the date of receiving the offical notification from the NFL for violating the substance abuse policy. The way Goodell has been handling discipline I wouldn't be at all surprised to see Henry's appeal being heard & denied the day Henry files it. Especially with the way Henry is jerking the NFL around with this Court BS over his "B" sample. So to answer your question, the soonest Henry could be suspended is within the next few days. thanks Quote Link to comment Share on other sites More sharing options...
RJV Posted October 13, 2007 Author Share Posted October 13, 2007 (edited) Henry's dumba$$ was smokin $hit AGAIN, the NFL should just suspend his a$$ and Henry should just shut the F up and find Quincy Carter, who was popped again yesterday. Henry is on his way out of the league just like Quincy and Ricky and all these idiots who would rather roll one then make millions playing Football. UNBELIEVEABLE........... I cannot imagine someone presented with a joint of of Indica in one hand and a check for 22 million dollars in the other, and the fool fires up. I shake my head in disbelief. Cowboy you just said what I was thinking +1,000,000 to you bro. Edited October 13, 2007 by RJV Quote Link to comment Share on other sites More sharing options...
SF409ers Posted October 13, 2007 Share Posted October 13, 2007 Henry's dumba$$ was smokin $hit AGAIN, the NFL should just suspend his a$$ and Henry should just shut the F up and find Quincy Carter, who was popped again yesterday. Henry is on his way out of the league just like Quincy and Ricky and all these idiots who would rather roll one then make millions playing Football. UNBELIEVEABLE........... I cannot imagine someone presented with a joint of of Indica in one hand and a check for 22 million dollars in the other, and the fool fires up. I shake my head in disbelief. We are talking about a guy who it seems has to yet figure out how not to spread his ignorant seed all over the place. You would think after say his 2nd or 3rd child with a different woman he would grab a lid for his johnson So this behavior seems to be par for the course with this guy. It is to bad talent overshadows character these days. Quote Link to comment Share on other sites More sharing options...
BeeR Posted October 13, 2007 Share Posted October 13, 2007 (edited) OK all legal and Henry-is-a-braindead-loser stuff aside, how worthwhile of a starter is he FF wise? Was last week an exception or was he still feeling his injury or both or-? Realistic to expect more big games from him or is the honeymoon over? Holla back yo and don't be all trippin. Edited October 13, 2007 by BeeR Quote Link to comment Share on other sites More sharing options...
RJV Posted October 13, 2007 Author Share Posted October 13, 2007 (edited) To be quite honest I do believe this guy has alot of value in FF left. BUT again to the FF owner you better have Young, who in my mind is a outstanding replacement, for backup. Henry's days are numbered. Edited October 13, 2007 by RJV Quote Link to comment Share on other sites More sharing options...
Avernus Posted October 13, 2007 Share Posted October 13, 2007 OH HENRY! Quote Link to comment Share on other sites More sharing options...
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