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December 5, 2007
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Travis Henry Wins Appeal Against NFL, Will Not Face Suspension

Henry Wins Appeal Against
NFL Over Positive Drug Test
Broncos RB Travis Henry, who was facing a one-year suspension due to testing positive for marijuana in August, won his appeal against the NFL and will not be suspended, according to Klis & Williamson of the DENVER POST. The “key to winning the appeal were procedural mistakes the league made along the way.” Henry's attorney, Harvey Steinberg, argued that the league “misstated that Henry had tested clean on Aug. 10 -- 17 days before he allegedly tested positive -- when in fact Henry tested clean on Aug. 23 and again on Aug. 31.” Steinberg said that players have “won their NFL appeals before, but this was the first time he had won an appeal when a player was facing his third strike” (DENVER POST, 12/5). NFL Senior VP/PR Greg Aiello said in a statement Henry will “remain in the substance-abuse program, must continue to adhere to all aspects of it, but will not be suspended following his appeal.  The defense of hair samples and lie-detector tests were irrelevant and unconvincing.  But our substance-abuse program is based on meeting the highest standards and respecting player rights in all phases of its administration.” In Denver, Legwold & Rasizer write the "breadth of [Aiello's statement] angered Steinberg, who believes anything other than a straight announcement was 'gratuitous, inappropriate and a cheap shot' from the league."  Steinberg: "They're not supposed to discuss it.  And Greg Aiello ought to keep his mouth shut.” Steinberg added the NFL “got caught hiding evidence. They can’t hide evidence from players.” Legwold & Rasizer note Henry is now eligible to collect a $6M signing bonus he was owed under the free-agent deal he signed with the Broncos in March. (ROCKY MOUNTAIN NEWS, 12/5). The DENVER POST’s Woody Paige notes the NFL “wasn’t apologetic to [Henry] or the Broncos for the three months of accusations, uncertainty, appeals and judicial maneuvering,” and the league “basically pleaded nolo contendere” (DENVER POST, 12/5).


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