Page 1 1 NATIONAL FOOTBALL LEAGUE 2 ------------------------------------------------------X 3 IN THE MATTER OF: 4 5 THOMAS BRADY 6 7 ------------------------------------------------------X 8 APPEAL HEARING 9 10 Tuesday, June 23, 2015 11 9:28 a.m. 12 13 14 National Football League 15 345 Park Avenue 16 New York, New York 10154 17 18 19 BEFORE: ROGER GOODELL, COMMISSIONER 20 21 22 REPORTED BY: 23 JOSHUA B. EDWARDS, RDR, CRR, CLR 24 NOTARY PUBLIC OF THE STATE OF NEW YORK 25 1 of 172 sheets Page 1 to 1 of 457 06/25/2015 03:43:11 PM Page 2 1 A P P E A R A N C E S: 2 3 4 5 6 7 8 NATIONAL FOOTBALL LEAGUE 345 Park Avenue New York, New York 10154 BY: ROGER GOODELL Commissioner JEFFREY PASH, ESQ. Executive Vice President ADOLPHO A. BIRCH III, ESQ. Senior Vice President of Labor Policy and Government Affairs 9 10 11 12 13 COVINGTON & BURLING LLP Attorneys for the NFL The New York Times Building 620 Eighth Avenue New York, New York 10018 BY: GREGG LEVY, ESQ. 14 15 16 17 NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL 345 Park Avenue New York, New York 10154 BY: KEVIN K. MANARA, ESQ. Senior Labor Relations Counsel 18 19 20 21 22 23 24 25 06/25/2015 03:43:11 PM AKIN, GUMP, STRAUSS, HAUER & FELD LLP Attorneys for the NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 BY: DANIEL L. NASH, ESQ. STACEY EISENSTEIN, ESQ. ELIZABETH ENGLAND, ESQ. GREGG KNOPP, ESQ. (Appearances continued.) Page 2 to 2 of 457 2 of 172 sheets Page 3 1 A P P E A R A N C E S (continued): 2 3 4 5 6 NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION 1133 20th Street NW Washington, D.C. 20036 BY: TOM DePASO, ESQ. General Counsel HEATHER M. McPHEE, ESQ. Associate General Counsel 7 8 9 10 11 12 13 WINSTON & STRAWN LLP Attorneys for the NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION 200 Park Avenue New York, New York 10166 BY: JEFFREY KESSLER, ESQ. DAVID GREENSPAN, ESQ. JONATHAN AMOONA, ESQ. BENJAMIN SOKOLY, ESQ. 14 15 16 17 18 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Lead investigators 1285 Avenue of the Americas New York, New York 10019 BY: LORIN L. REISNER, ESQ. DOUGLAS M. BURNS, ESQ. AMY E. GOLD, ESQ. 19 20 21 22 23 GIBSON, DUNN & CRUTCHER LLP Attorneys for TOM BRADY 1050 Connecticut Avenue, N.W. Washington, DC 20036 BY: ANDREW TULUMELLO, ESQ. 24 25 3 of 172 sheets (Appearances continued.) Page 3 to 3 of 457 06/25/2015 03:43:11 PM Page 4 1 A P P E A R A N C E S (continued): 2 3 4 5 6 YEE & DUBIN LLP Agents for TOM BRADY 725 S. Figueroa Street, Suite 3085 Los Angeles, California 90017 BY: DONALD H. YEE, ESQ. STEPHEN L. DUBIN, ESQ. 7 8 9 10 11 NFL PLAYERS ASSOCIATION WITNESSES: THOMAS BRADY EDWARD SNYDER TROY VINCENT THEODORE V. WELLS, JR., ESQ. 12 13 14 15 NFL MANAGEMENT COUNCIL WITNESSES: ROBERT CALIGIURI DANIEL MARLOW DUANE STEFFEY 16 17 18 19 20 21 22 23 24 25 06/25/2015 03:43:11 PM Page 4 to 4 of 457 4 of 172 sheets Page 5 1 I N D E X 2 3 OPENING STATEMENTS PAGE 4 MR. KESSLER 7 5 MR. NASH 28 6 7 REPLY 8 MR. KESSLER 42 9 10 11 E X A M I N A T I O N S 12 13 NFL PLAYERS ASSOCIATION WITNESSES 14 Witness 15 TOM BRADY 16 Direct Cross 47 100 EDWARD SNYDER 150 194 17 TROY VINCENT 227 18 THEODORE WELLS 261 Redirect Recross 139 143 251 255 259 321 340 19 20 NFL MANAGEMENT COUNCIL WITNESSES 21 Witness 22 ROBERT CALIGIURI 345 373 402 23 DUANE STEFFEY 411 427 438 24 DANIEL MARLOW 439 448 454 Direct Cross Redirect Recross 408 25 5 of 172 sheets Page 5 to 5 of 457 06/25/2015 03:43:11 PM APPEALS HEARING Page 6 OPENING STATEMENT/KESSLERPage 8 1 New York, New York 1 receiving the evidence and that's what we intend to 2 Tuesday, June 23, 2015 2 do today. 3 9:28 a.m. 4 * 5 * * 3 I am compelled to say at the opening that as 4 you know, we had moved for you to recuse yourself. 5 We understand you have rejected that. We are 6 welcome. As you can see, we have a court reporter 6 proceeding on that basis without waiving our 7 here, so there will be a formal record of all of the 7 objection regarding that. 8 proceedings this morning. And we just ask you all 8 9 to speak up and try to avoid speaking across from 9 main evidence that's going to be presented to you 10 today, and I know you've indicated that's what you 11 are particularly anxious to hear and what that 10 COMMISSIONER GOODELL: Good morning and one another so we have the correct record. 11 We all know why we are here this morning. What I'm now going to turn to first is the 12 This is in response to an appeal filed by Tom Brady. 12 evidence is going to consist of. But to give you 13 I'm particularly interested in hearing anything Tom 13 context for this, I'm compelled to note one point at 14 has to say and I look forward to hearing directly 14 the outset. 15 from him. You also heard and got a letter from 15 16 Gregg Levy on how we will proceed this morning so 16 have issued in this case that you have basically, 17 that hopefully all of those issues have been 17 you and Mr. Vincent together, whatever the 18 addressed and we will follow those procedures as 18 combination was, have relied upon the conclusions, 19 best we can. 19 the factual conclusions of the Wells report and you 20 mentioned in your decision you did not independently look at the notes and the investigators. 20 I will obviously oversee this, but as you all I understand from communications that you 21 know, I am not an attorney. I am somebody that will 21 22 focus on the testimony and I will ask Gregg Levy to 22 23 administer the proceedings this morning. Obviously 23 You are essentially relying on Wells' conclusions. 24 we will confer from time to time, and so I will ask 24 I'm compelled to note at the beginning that the 25 Gregg to take the lead on that front. I will 25 conclusion of the Wells report with respect to You didn't have any witnesses for yourselves. OPENING STATEMENT/KESSLERPage 7 1 interject, obviously, as I feel necessary. 2 3 4 OPENING STATEMENT/KESSLERPage 9 So Gregg, do you have anything you want to 1 Mr. Brady is that he was generally aware of 2 something. 3 add? MR. LEVY: The only thing I want to add is It is our position that there is no policy, 4 no precedent, no notice that has ever been given to 5 that counsel, whoever is speaking, identify 5 any player in the NFL that they could be subject to 6 themselves so the record is clear for the court 6 any type of discipline, whether it's conduct 7 reporter. 7 detrimental discipline or whether it is under the 8 policy that has been invoked here for being 9 generally aware of something. 8 9 10 11 12 COMMISSIONER GOODELL: Do we have any objections that need to be made? 10 MR. KESSLER: I think we are ready to go unless you want us to do appearances. MR. LEVY: I don't think that's necessary. It would be the equivalent if a player knew 11 or was generally aware that another player was 12 taking steroids, okay, and had nothing to do with 13 If you intend to give an opening? 13 it, but had some general awareness of that. The 14 MR. KESSLER: Yes. 14 only person who was punished under the Steroid 15 MR. LEVY: Let's get started. 15 Policy is the person who was taking the steroids. 16 MR. KESSLER: Yes. Good morning, 16 You don't get punished for being generally aware 17 that somebody else is liable. 17 Commissioner. 18 COMMISSIONER GOODELL: Good morning, Jeffrey. 18 If the League wants to change that, of 19 MR. KESSLER: On behalf of Tom Brady and the 19 course, you could promulgate new policies or 20 NFLPA, we are happy to have an opportunity to 20 something else, but we really believe that, (A), 21 present to you what we believe are very important, 21 there is no such policy. It's not in the CBA. It's 22 convincing and to some degree new grounds for 22 not in the Personal Conduct Policy. It's not in 23 overturning the discipline that has been imposed. 23 the -- it's not in the policy cited here. It's not 24 We have heard your public statements that you have 24 in any precedent of conduct detrimental and no 25 an open mind and that you are interested in 25 player has ever been punished for such a thing. 06/25/2015 03:43:11 PM Page 6 to 9 of 457 6 of 172 sheets OPENING STATEMENT/KESSLER Page 10 1 OPENING STATEMENT/KESSLER Page 12 The reason I'm making this point is the 1 touch and feel of the football. You will remember 2 reason we are about to tell you why we thing the 2 in 2006, there was a movement by all the 3 Wells report is wrong, we think the Wells report 3 quarterbacks to prepare their footballs. None of 4 doesn't answer or doesn't provide the basis for any 4 that had to do with ball pressure, and he will 5 discipline of the player. 5 explain that. 6 This is wholly apart from what you did on the And, in fact, it will be clear in the 6 7 team, because on the team, the Wells report made 7 evidence it had to do with the same way a baseball 8 very different findings, that it was more probable 8 player works in his glove to a right feel to soften 9 than not that something occurred and that's what 9 the leather to make it feel right for that 10 they said and the team was responsible. But for the 10 quarterback. He's never been particularly concerned 11 player, it was very, very different and I assume 11 about pressure at all except in one game, and there 12 while Mr. Wells testifies, I assume that was a 12 are -- things happen that create appearances that 13 deliberate decision he made. 13 are not correct, which was the Jets game in 2014. 14 Had he been able to conclude that it was more And what happened in the Jets game, you will 14 15 probable than not that Mr. Brady participated in any 15 hear is that he didn't even know there was an issue 16 kind of inappropriate activities, that's what he 16 of pressure. What happened, the balls felt really 17 would have said in his findings. He did not say 17 big and fat and round to him like he had never felt 18 that. So before I get into the facts, I just felt 18 them before, okay. 19 compelled to make that context point, which we think 19 20 is very important. 20 Mr. Jastremski, "What's wrong with the ball? 21 There's something wrong with the balls," and 21 Now let me talk about the evidence we are And, yes, he complained at that time to 22 going to present to you today. You are going to 22 ultimately found out the next day from 23 first hear from Tom Brady who you said you want to 23 Mr. Jastremski -- and this is important -- that 24 hear from. Tom will answer every question about 24 while Mr. Jastremski had tried to have the balls 25 this matter that I will ask him, that the NFL's 25 set, it turns out at 13, which is well within the OPENING STATEMENT/KESSLER Page 11 OPENING STATEMENT/KESSLER Page 13 1 counsel will ask him and if you have any questions 1 League limit, they were registered at 16, which is 2 or Mr. Levy has any questions, he's prepared to 2 an astounding amount of pressure. 3 answer anything relevant to this case, as, by the 3 4 way, he was with Mr. Wells. 4 he noticed. That's the only time he's ever even 5 thought about this issue of pressure. And that when 5 And I note that Mr. Wells made it very clear No one knows how they got to 16. That's what 6 both in his report and public statements that he was 6 it came to the championship game, he had no idea 7 completely willing to answer any question that Ted 7 what was going on with the pressures of the balls. 8 Wells posed to him -- there has never been a refusal 8 He felt nothing unusual. 9 by Tom -- or anyone on Mr. Wells' team asked of him 9 10 to the second half on the balls because he didn't 11 What Tom will tell you under oath is that he 11 know what had gone on was the balls had more air put 12 never asked anyone to deflate footballs below any 12 into them at the halftime, as you know. None of 13 kind of limit of the League. He never authorized 13 that affects him. He didn't know of it. He wasn't 14 anyone to do that and he's not aware or does he have 14 generally aware of it. 15 any knowledge that anyone did that. He will tell 15 16 you that truthfully, honestly. You will get a 16 credible on this issue. And we urge you to ask him 17 chance to look him in the eye and see what you think 17 any questions that you have about that. 18 about that. 18 10 19 about that. He didn't feel a difference in the first half But we believe you are going to conclude when We think you are going to find him to be We also are going to then submit the 19 Declaration of Robert Kraft and Mr. Kraft would have 20 you hear this evidence that he is not somebody who 20 been here to testify. You probably know he's in 21 was responsible for anything that did or did not 21 Israel. So he was not able to be here to testify. 22 happen at the Patriots' facility regarding the 22 But Mr. Kraft wanted to put in evidence here 23 footballs. 23 to indicate that his discussions with Tom about this 24 and what he believes about Tom's credibility in 25 terms of his relationships over a very long period 24 25 And, in fact, he will testify and explain that his concern about footballs has to do with the 7 of 172 sheets Page 10 to 13 of 457 06/25/2015 03:43:11 PM OPENING STATEMENT/KESSLER Page 14 OPENING STATEMENT/KESSLER Page 16 1 of time and what happened here, so we hope you will 1 was the Dean of the Chicago Business School. He is 2 give weight and consideration to somebody who we 2 one of the most respected academic people in this 3 know you trust his judgment very much and we know 3 country, and particularly his statistics expertise 4 that no one knows Tom Brady, at least in the NFL 4 is second to none. He worked with a team of people 5 better than Robert Kraft, although I am sure there 5 to study the testing in the Wells report and what 6 are, obviously in his personal life, that know Tom 6 that shows. 7 Brady better than Mr. Kraft does. 7 We are also going to put in a declaration 8 9 from a forensic person who dealt with the issue of And what he is going to explain and this is 8 not, by the way, the fault of Mr. Wells, it's not 9 the fault of Exponent, okay, there was simply so 10 e-mail and texts. And you know from your decision 10 many unknowns about how the testing was done -- and 11 that there was an aspect of the discipline. We 11 I am going to explain that in a second -- that 12 don't know how much -- and I will talk about them in 12 nobody is able to give an opinion as to whether 13 a second -- that was exacerbated in the minds of 13 these balls were tampered with or not. 14 Mr. Vincent in his letter for a failure to cooperate 14 15 in providing these e-mails and texts. 15 this in my very nonscientific way. We now all know 16 that there's something called the Ideal Gas Law. First of all, you are going to hear from Tom 16 And the reason is as follows, and I will do 17 that the only reason he didn't provide that is 17 And what that means is all balls deflate when they 18 because his lawyers told him it wasn't proper or 18 go from hot weather to cold weather, to make it very 19 necessary and he just did what his lawyers and 19 simple. That's one of the factors. So the Colts' 20 agents told him. He would have been happy to 20 balls went to lower pressure. The Patriots' balls 21 produce them. 21 went to lower pressure. That just happens. So the 22 Number two, there were no incriminating texts 22 mere fact that a ball is tested at lower pressure 23 being withheld or e-mails, and there never have been 23 doesn't tell you anything. It doesn't tell you 24 any incriminating texts or e-mails. And now he has 24 whether or not there's been any tampering. What you 25 gone through and produces exactly what Ted Wells had 25 have to come up with is, can you figure out whether OPENING STATEMENT/KESSLER Page 15 OPENING STATEMENT/KESSLER Page 17 1 asked for at the time that existed at the time and 1 the evidence shows that natural causes don't explain 2 exists today. 2 this in a way that a researcher, a tester would 3 Whatever is there has been there and what 3 agree, which is something called statistically 4 does it show? It shows exactly what's in the Wells 4 significant and it makes a difference? 5 report. There was nothing being withheld. I mean, 5 What it turns out is there are so many 6 can you look at it and say, gee, why didn't he just 6 unknowns which are in the Wells report. The Wells 7 produce it? He was following the advice of his 7 report will say we don't know the exact time that 8 lawyers and agents at the time. And part of the 8 the balls were tested. We don't know the exact 9 issue is that when Mr. Wells was asked to provide 9 order in which the balls were tested. We don't know 10 authority for why he was entitled to look at these 10 exactly if Gauge A was done, the so-called logo 11 e-mails and things, no authority involving players 11 gauge or the non-logo gauge. 12 was ever cited. 12 And no one ever told his lawyer, agent or We don't know the temperature in the room at 13 the time the ball was tested, a whole variety of 14 Mr. Brady that if he didn't provide it, that somehow 14 factors, which would directly affect this result. 15 that was going to be a lack of cooperation with a 15 So we know there are unknowns. So what did the 16 penalty. Now, we can ask why that wasn't done. It 16 Snyder team do? They said, okay, we are just going 17 was there. But he certainly was never told that, 17 to test the different scenarios. 18 that there was that type of obligation imposed upon 18 19 him in that way. That's going to be provided by 19 unknown? What happens if you vary this which is an 20 declaration from the forensic people who looked at 20 unknown? And what they found is the result change 21 that. 21 in such a way, in other words, the unknowns matter 13 22 that the only conclusion you could come to is that 23 testify who was the Dean of the Yale School of 23 you can't tell. You can't come to a statistically 24 Management, who is one of the leading experts in 24 significant result that is reliable here. 25 statistical analysis in the world. He previously 25 22 Then we are going to have Mr. Ted Snyder What happens if you vary this which is an 06/25/2015 03:43:11 PM Page 14 to 17 of 457 Now, why did this happen? And again, this is 8 of 172 sheets OPENING STATEMENT/KESSLER Page 18 OPENING STATEMENT/KESSLER Page 20 1 something, sometimes you learn about this. It is my 1 2 belief that the League has never thought about the 2 3 Ideal Gas Law, frankly, before this thing. I dare 3 because I think he will candidly admit -- because I 4 say that there's not a referee in the NFL who knew 4 think Ted Wells is an honest person -- what he knew 5 anything about it. 5 and what he didn't know and what he was able to look 6 at and what he wasn't able to look at and the 6 I don't think there is anyone in Game Mr. Vincent who will testify about that. We are also going have Mr. Wells testify, 7 Operations who knew anything about it. The original 7 limitations of what he could find here with respect 8 pressure rule goes back to 1920. I don't know when 8 to that. And so we will spend some time with 9 the Ideal Gas Law was first articulated, whether it 9 Mr. Wells. 10 was known or not because of that. No procedures are 10 11 in place. 11 reserve time for cross-examination, I don't know 12 what the NFL is going to do with witnesses, whether 13 testing, we have A samples and B samples. We have 13 they are going to call Exponent, which they said 14 procedures for handling. We have chain of custody. 14 they might, any of those witnesses, those are all 15 We know exactly what should be tested. You can tell 15 the witnesses I think we are going to be able to 16 that somebody tests positive or tests negative. 16 call and still have enough time in order to have 17 With respect to this issue of balls, there are no 17 cross-examination time at all. 18 procedures to figure out if a lower pressure means 18 19 it was tampered with or not and the result is none 19 going to hear from our side. And we think when you 20 of this was recorded. 20 hear all of this, you are going to look at this if, 21 as you said, with an open mind, and say, this is 12 21 So think of drug testing. When we do drug Given my four-hour limitation and the need to So no one wrote down what is the temperature So that's going to be the evidence you are 22 in the room? That matters. No one wrote down, 22 really not a basis to suspend Mr. Brady who, in 23 says, oh, were the Colts' balls, you know, inflated? 23 every other way, obviously, has been one of the most 24 Were the Colts' balls tested after the Patriots' 24 exemplary citizens in the history of the NFL. 25 balls were inflated or before? Because it matters 25 This is not somebody who has ever violated OPENING STATEMENT/KESSLER Page 19 1 2 OPENING STATEMENT/KESSLER Page 21 on time. Time is a huge impact. Why? Very simply, when you come back into 1 any NFL Policy. This is not somebody who has ever 2 done anything except do his best for his team and 3 the warm room, guess what happens? The balls heat 3 for this League in every way imaginable. And we 4 back up. So you have to know every minute that you 4 don't believe this would be an appropriate basis for 5 are in the room affects the balls heating back up, 5 this discipline. 6 so the pressure is going back up. So these are the 6 7 most essential things. So there were no procedures. 7 should put our legal arguments in briefs. I'm not 8 So because of that, you can't tell. 8 going to spend time on them much at all, but I do 9 want to note them here, I feel on this record before 9 And our view is, if this is something that Finally, briefly, I know Mr. Levy has said we 10 needs to be approved and fixed, it should be, but 10 it closes, I have to note what our legal arguments 11 you can't punish a player for that. You can't just 11 are going to be. The first one I already mentioned 12 assume, well, we didn't collect any of the proper 12 is generally aware is not a proper standard for 13 information for this, so we are just going to assume 13 players. There is no precedent for it. There is no 14 that, (A), the player was generally aware, and (B), 14 notice for it. 15 that something happened. In our view, this just 15 16 isn't a basis for doing this. 16 a very, very important principle here, one of the 17 reasons it's such an important principle is because 18 call Mr. Vincent who we understand we now could call 18 we know from Judge Doty's decision in Peterson, that 19 about game day to talk about the procedures so you 19 at least after of now unless the Eighth Circuit 20 could see why this is missing and what maybe should 20 overturns it, it is the established law that players 21 have been done versus what was done. 21 have to have notice as to what the policies are that 17 Based on that testimony, we are also going to And we believe that without notice, which is 22 And, again, I'm not ascribing blame to 22 apply to them and what they are going to be held 23 anyone. I don't think anyone knew about the Ideal 23 responsible for. 24 Gas Law and knew this had to be accounted for. It's 24 There is no way that there is any argument 25 just the facts were the facts. We are going to have 25 that Mr. Brady knew that there was some general 9 of 172 sheets Page 18 to 21 of 457 06/25/2015 03:43:11 PM OPENING STATEMENT/KESSLER Page 22 OPENING STATEMENT/KESSLER Page 24 1 awareness standard, before you get to anything else. 1 2 But the notice argument has three layers. The first 2 3 one is, "Even if the NFL policies applied to him 3 involving the New York Jets. So in the New York 4 that are at issue, there was no notice because of 4 Jets Case, it involved -- this is NFL Exhibit 73 -- 5 generally aware." 5 it involved Mr. Cortez Robinson, who is a club 6 employee of the Jets. Ironically, it's a Jets game 6 But let's assume generally aware was the apply to players. We had another incident a few years ago 7 standard. I will get by that. The second thing was 7 against the Patriots. This was on November 24, 8 the policy that was invoked, which is the integrity 8 2009. 9 of the game policy as you know, is directed, and 9 10 this is in evidence -- is directed only at owners, 10 attempted to use unapproved equipment to prep the 11 head coaches, general managers, the club. It's 11 kick balls, the K-balls prior to the kickoff. And, 12 never given to the player. And, in fact, it's clear 12 in fact, he was disciplined by the Vice President of 13 on its face who its given to. 13 Football Operations, Mr. Ron Hill, okay. And he 14 said because your attempt to use this could be 14 You probably know, Commissioner, every year, And in that game, it was found that he had 15 the players are given certain policies. For 15 viewed as an attempt to gain a competitive 16 example, they are given the Personal Conduct Policy. 16 advantage. 17 They are given team rules, okay. They even sign 17 18 acknowledgements as to which policies they get. One 18 rest of the season, the equipment person was. The 19 policy they've never been given is this integrity of 19 player, the kicker, wasn't even investigated. Why? 20 the game policy which talks about the balls. 20 Because this policy doesn't apply to the player. 21 And, in fact, it's interesting because Mr. Hill was the Vice President of Football Operations. 21 That's where -- that's exactly what Mr. Wells So what happened? He was suspended for the 22 cited. He said my authority under this policy, it 22 23 clearly applied to the club. It clearly applied to 23 24 club personnel, you know, people who work at the 24 policy. The Competitive Game Policy says if you 25 club like GMs and coaches and equipment room men, 25 know of any violations, please tell, you know, the He's the right person to interpret this OPENING STATEMENT/KESSLER Page 23 1 2 OPENING STATEMENT/KESSLER Page 25 locker room people. We don't dispute any of that. But it was not 1 Vice President of Football Operations. Today that's 2 Mr. Vincent in terms of that, I believe. They are not people who discipline players ordinarily. 3 a player policy. And therefore, neither Mr. Brady 3 4 nor anyone else had any knowledge of this. Now how 4 5 do I know this is correct? I know this is correct 5 Detrimental Policy other people discipline players' 6 because not only is there no mention of this, but 6 personal conduct. It's not the Vice President of 7 what you will also find out is that in the past, you 7 Game-Day Operations, because these have never been 8 have never looked at players for this issue. 8 directed at players. There is no history. And I 9 can say to you without equivocation there has never 9 And I will give you an example. There was an You know, we know under the Conduct 10 incident last year involving the Minnesota Vikings, 10 been a player in the history of the NFL who has been 11 which I don't know if you are aware of or not, where 11 suspended for anything having to do with equipment. 12 the Minnesota Vikings heated the footballs during 12 There is another player policy -- there is 13 the game. And the League conducted an investigation 13 one player policy -- there's a player policy 14 and instructed the club -- first of all, they gave 14 involving uniforms and things, which I will talk 15 them a warning only. That was the only penalty that 15 about, not that there is no policy. So 16 was imposed. And they said you can't do this. In 16 Commissioner, this you may recognize. This is 17 fact, there is a specific rule about you can't -- 17 called League Policies For Players (indicating). 18 you can't heat the footballs during the games. 18 This is what the players are given. 19 Now, I would even have to agree as a player And it's interesting. It said "for players." 19 20 advocate that the player on that team, the 20 What is not in here is the competitive integrity 21 quarterback probably was generally aware that the 21 rule that Mr. Wells used in his report or anything 22 ball felt warmer in freezing cold, okay. There 22 about that. So we looked through those League 23 wasn't even an investigation of that quarterback, 23 Policies For Players and said is there anything that 24 let alone any thought of discipline. And why? 24 could arguably be applicable to this? 25 Because the integrity of the game policy didn't 25 06/25/2015 03:43:11 PM Page 22 to 25 of 457 And the only thing that we have been able to 10 of 172 sheets OPENING STATEMENT/KESSLER Page 26 OPENING STATEMENT/NASH Page 28 1 find that could possibly apply to this is that there 1 discipline. We think that also, unfortunately, 2 is something called, on page 15 of this policy, 2 raises another improper delegation issue. 3 "Foreign Substances on Body Uniform." Has to do 3 4 with, like, receivers putting Stickum on their 4 the player contract or Article 46 or, frankly, even 5 gloves, things like that. 5 under the NFL Constitution that delegating the 6 fact-finding to someone outside the League and just 6 And then it says "Other Uniform Equipment We don't think under the CBA paragraph 15 of 7 Violations," okay. And it doesn't mention balls at 7 having the League or Mr. Vincent, either you or 8 all, but I'm trying to be creative. Was there 8 Mr. Vincent decide the penalty based on someone 9 anything that could possibly apply to this? And 9 else's facts was appropriate under, at least, the 10 what it specifically says under this thing is the 10 11 first offense will be a fine. That's what it says. 11 This is Mr. Brady's -- we don't believe it legal system as we understand it there. So I'm not going to say any more about it. 12 But I do want to note it and we will address that 13 did anything, but this would be a first offense even 13 further in our post-hearing briefs. Thank you for 14 if it came under this policy, which we don't believe 14 bearing with me in doing this. I probably used more 15 this policy applies either, because there is nothing 15 time than I wanted to given my limitations, but 16 here about the balls. And it's clear Mr. Wells 16 thank you very much. 17 didn't use this policy; he used the other one. But 17 MR. NASH: I will try to be just as brief and 18 even this policy would have it. 18 maybe even briefer. This is a procedure under the 12 19 Collective Bargaining Agreement, Commissioner, as 20 first offense. That's it. That's the only notice 20 you know. It's a matter that obviously is very 21 that a player has ever had about anything regarding 21 serious. And starting with the delegation point 22 equipment in the players' policy in terms of that. 22 that Jeffrey just said, this also is a fact-finding 23 proceeding today. 19 23 And by the way, the fine is $5,512 for the So we believe both under the established rule 24 of notice and what's called fair and consistent 24 25 treatment, I know that you may remember from bounty 25 You are here to hear evidence, as you just said. And so following this hearing, it will be up OPENING STATEMENT/KESSLER Page 27 OPENING STATEMENT/NASH Page 29 1 and from Ray Rice, in the cases, and I know you are 1 to you to make a judgment under the CBA regarding 2 not a lawyer, but generally, it's been held by all 2 two issues. The first is whether Mr. Brady 3 of those arbitrators that fair and consistent 3 conducted conduct detrimental or engaged in conduct 4 treatment is the rule. 4 detrimental; and the second, assuming you make that 5 conclusion, what is the appropriate discipline? 5 And, in fact, I think you have acknowledged 6 this at various times yourself that there is a need 6 7 for consistency and notice and fairness. I don't 7 Mr. Kessler was saying about fact-finding. But I Now, as to the first point, I'm not sure what 8 think you have yourself ever disputed notice, 8 will say that under the CBA, there is no question 9 fairness and consistency. 9 that you can rely on the independent investigator in 10 We don't think it could come under notice. 10 making the judgment, your judgment as to whether 11 We don't think it could come under fairness. We 11 Mr. Brady engaged in conduct detrimental. 12 don't think it could come under consistency in terms 12 13 of these different issues. 13 predecessors have always done. It would not be 14 reasonable to suggest that you would be the person 14 So, finally, I would just note on the last In fact, this is something that you and your 15 issue of delegation, I understand you've already 15 to interview every witness or to look at every 16 ruled, I guess, that Mr. Vincent's role was proper, 16 document every time an issue of potential conduct 17 so I am not going to reargue that. I understand -- 17 detrimental arose. 18 if that's not correct, you can advise me -- but I 18 19 understand from your two decisions you have already 19 think was as thorough as any that has ever been 20 ruled on that. 20 done. It was done by an investigator, Mr. Wells and 21 his colleagues, who is a person of unquestioned 21 I note there's another delegation issue we This case involves an investigation that I 22 believe arises so I want to mention that, because it 22 integrity. He interviewed over 66 witnesses. He 23 is clear to us now after reading the letter 23 reviewed documents. 24 yesterday that there was no independent fact-finding 24 25 by either Mr. Vincent or you in imposing the initial 25 11 of 172 sheets And importantly, he gave Mr. Brady and his counsel as well as the Patriots and their counsel Page 26 to 29 of 457 06/25/2015 03:43:11 PM OPENING STATEMENT/NASHPage 30 OPENING STATEMENT/NASHPage 32 1 every opportunity to provide evidence, including 1 report whether you, in your discretion, believe that 2 some of the arguments that you heard today, and in 2 he engaged in conduct detrimental and it's your 3 fact considered these. Everything I think that you 3 judgment alone under the Collective Bargaining 4 just heard Mr. Kessler describe about the evidence 4 Agreement. 5 that you are going to hear today are things that 5 6 were considered in the report and they are addressed 6 under notice, I think Mr. Kessler is conflating what 7 in the report. 7 was done in the Wells report with your ultimate 8 judgment on conduct detrimental. And most 9 importantly, I think there's a lot of evidence that So we are not going to put on any evidence, 8 9 any particular evidence beyond the report today, As far as the arguments whether Mr. Brady was 10 except we may have some witnesses in rebuttal and we 10 you didn't hear about in what Mr. Kessler had to 11 will see what they have to say. But I will say just 11 say. 12 generally that all of these points that were made 12 13 have been made and have been considered in the 13 Mr. Brady come in and tell you, I think, probably 14 report. 14 what he told Mr. Wells, the things that Mr. Kessler 15 said. But in considering his testimony, I think you 16 and there has been a lot that has been said about 16 have to consider it in the context of the other 17 the Wells report, but as I think you are aware and 17 evidence that's in the report. 18 Mr. Wells is here to tell you, this was truly an 18 19 independent investigation. He was not given a task 19 of Mr. Brady's involvement and the violation that 20 to find any particular conclusion, nor would he have 20 occurred here, the conduct detrimental that occurred 21 agreed to do the investigation under those 21 here is substantial. The evidence in the Wells 22 circumstances. 22 report is not as was said in the notice of appeal, 23 purely speculative or just circumstantial. 15 23 One other point that I think is important, I don't have any doubt that you will hear His investigation, as he will tell you, was 24 conducted to find the truth, to find the facts and 24 25 that's exactly what he did. And he did it in a 25 And I would suggest that the other evidence As the report itself says, the conclusions are based on substantial evidence. That includes OPENING STATEMENT/NASHPage 31 OPENING STATEMENT/NASHPage 33 1 thorough manner and under the Collective Bargaining 1 the basic evidence that there is no -- I think there 2 Agreement, you are entitled clearly to rely on that 2 is no dispute that at the halftime of the AFC 3 report as you are entitled and should rely on 3 Championship Game, the footballs of the Patriots 4 whatever it is that they want to present here today. 4 were deflated and they were deflated more than the 5 Most importantly, it will be up to you to 5 Colts' footballs. I don't think there is any 6 listen to Mr. Brady and consider what he has to say. 6 dispute about that. 7 And then it's your judgment. Under the Collective 7 8 Bargaining Agreement, it's your judgment. And as 8 today, from experts about what was the cause of 9 far as the argument about standard of proof or 9 that? But I would submit, Commissioner, that those There is going to be evidence, it sounds like 10 burden of proof, this is not a criminal trial. It 10 arguments and those very points are all documented 11 is not a civil trial. 11 in the report considered by Mr. Wells and the two 12 experts who he retained. 12 This is, as I said, a proceeding under the 13 Collective Bargaining Agreement regarding a very 13 14 important subject, conduct detrimental, the 14 tell you that Mr. Wells wanted to find any 15 integrity of the game. I don't think there can be 15 explanation other than conduct detrimental or a 16 any reasonable dispute that the underlying issues 16 violation of the rules for what happened at the 17 here involving the integrity of the game. The 17 game. That's why he retained an expert. The expert 18 conduct of the Patriots in this matter, as I think 18 was tasked to look into all of this. 19 everyone is aware, called into question the 19 20 integrity of the game. 20 expert to also check the work of the first expert. 21 Now, I'm not going to go through all the details of 21 And under the CBA, you are obviously And on that point, I should say and he will In addition, Mr. Wells retained a second 22 authorized and it is your responsibility to address 22 the Ideal Gas Law, but what I can say and the 23 that. Whether it's more probable than not, it's 23 experts are all here that from Exponent, Mr. Marlow 24 your judgment to make, listening to Mr. Brady, 24 from Princeton, who is an expert in physics, what 25 considering all of the evidence that is in the Wells 25 they will tell you is that they've considered all of 06/25/2015 03:43:11 PM Page 30 to 33 of 457 12 of 172 sheets OPENING STATEMENT/NASHPage 34 OPENING STATEMENT/NASHPage 36 1 these points, the timing point that Mr. Kessler 1 his player contract. It's in his CBA. He knows 2 raised, the change in temperature, and their basic 2 very well. It's in paragraph 15 of his player 3 conclusion that, for the Patriots' balls, those 3 contract that he is subject to suspension for 4 factors could not explain the level of deflation in 4 conduct detrimental. 5 the balls, and that the more reasonable conclusion 5 6 was human intervention. 6 including the Rice case. But as Judge Jones said in 7 the Rice case, your authority to address this, these 7 The human intervention part is something that Mr. Kessler talked about other cases 8 wasn't addressed at all just now by Mr. Kessler. 8 kinds of situations is broad. It's the agreement 9 But there, again, the report contains substantial 9 between the League and the Players Association. 10 evidence that the deflation of the footballs was 10 11 caused by human intervention. It's documented in 11 himself, all players are under notice that if they 12 the report. 12 engage in conduct detrimental, that you reasonably 13 conclude is conduct detrimental, that they are subject to a suspension. 13 Mr. McNally broke protocol. He disappeared And the Players Association and Mr. Brady 14 from the locker room. Walt Anderson and the others 14 15 interviewed in the report all were unequivocal that 15 16 it was something that had never been done before by 16 the report does not show some minor rules violation, 17 Mr. McNally and shouldn't have been done. Again, this is not a minor, I would submit 17 some minor -- this is not and we will address all 18 There is also in dispute at first he didn't 18 this in our brief, but the Vikings' case that was 19 say so, but ultimately Mr. McNally had to agree that 19 talked about, that was a ball boy who warmed up the 20 he went into the bathroom with the footballs, 20 ball and was not aware of the rule. 21 clearly a breach of protocol. So there was 21 22 substantial evidence of human intervention. 22 here for Mr. Brady and it certainly doesn't provide 23 any basis to ignore all of the other evidence in the report. 23 And then on top of all of that are the texts 24 that are documented in the report of between 24 25 Mr. McNally and Mr. Jastremski. And by the way, I 25 That doesn't, I think, provide any defense On the argument about the failure to OPENING STATEMENT/NASHPage 35 OPENING STATEMENT/NASHPage 37 1 think I heard some discussion that Mr. Brady was 1 cooperate, as you know, during the investigation, 2 either not aware of the inflation rules that applied 2 Mr. Brady was asked to provide what the report 3 to footballs or his only concern was the surface or 3 describes as, "critical evidence." There is no 4 the grip. 4 dispute. I don't think Jeffrey just disputed that 5 he did not do that. I think the argument I heard is 5 I think there's evidence in the report and I 6 think he would even say here today that he certainly 6 that he didn't do it because his lawyer told him not 7 was aware that there was a minimum inflation level. 7 to do it. I don't think that would be a basis to 8 He knows what the rules are. This idea that he 8 excuse a failure to cooperate. 9 didn't have notice that somebody purposely deflated 9 I don't think you will hear any argument 10 a football after the officials checked it was 10 that -- reasonable argument that Mr. Brady didn't 11 somehow not a violation of the rules, clearly he 11 know failing to cooperate in an investigation like 12 knew about that. 12 this could subject him to discipline. And I think 13 it's a critical point when you consider all of the 14 prefers the footballs to be inflated at the lower 14 evidence in the report itself, because let's be 15 end. And he's made other statements to that effect. 15 clear what evidence we are talking about. 16 So there is no question that he was aware of that. 16 And I don't think you can reasonably accept 13 He's on public record as saying that he As the report documents, and I didn't hear 17 whether Mr. Brady is going to testify about this, 18 the argument that you just heard that, because there 18 but as you know, following the AFC Championship 19 is not a specific rule or document that would tell a 19 Game, really for the first time, Mr. Brady all of 20 player that if you are involved in an effort to 20 the sudden had all these contacts by phone, by text 21 cause footballs to be deflated below the rules that 21 and in person with Mr. Jastremski, the person he 22 somehow you are not subject to discipline. On that 22 relied on to ensure that the balls that he used in 23 point, there is no question that Mr. Brady was fully 23 the game were to his liking. 24 on notice of your authority to address conduct 24 25 detrimental and the integrity of the game. It's in 25 17 13 of 172 sheets He was interviewed about this. It's all documented in the report. There are numerous calls. Page 34 to 37 of 457 06/25/2015 03:43:11 PM OPENING STATEMENT/NASHPage 38 OPENING STATEMENT/NASHPage 40 1 And the explanations that he provided and the 1 2 witnesses provided, I would submit, you should 2 declaration, and we can give you more in our brief 3 consider as they are documented in the report. 3 about this, it appears that the phone was -- the new 4 phone became available on March 6th, the date of his interview with Mr. Wells. 4 And I don't think you are going to hear any And interestingly, according to the 5 evidence today to come to any conclusion other than 5 6 it would be simply implausible, implausible to 6 7 accept the idea that Mr. Brady didn't have any 7 not a direct statement from Mr. Kessler, and not a 8 knowledge about either Mr. Jastremski's activities 8 direct text telling somebody please deflate a 9 or Mr. McNally's activities. 9 football below a certain amount, all of this is 10 highly probative and as the report says, substantial 11 putting aside arguments about more probable than 11 evidence, substantial evidence of his knowledge of a 12 not, the bullet question I think in this proceeding 12 very serious matter, of a very serious matter. 13 is for you to make in terms of your judgment as to 13 14 whether you believe after listening to Mr. Brady he 14 responsible for protecting the integrity of the 15 engaged in conduct detrimental. He would submit 15 game, can consider not just what you just heard from 16 that the evidence in the report on this point is 16 Mr. Kessler, not just a denial from Mr. Brady, but 17 substantial. 17 you can weigh that in the context of all of this 18 evidence. And I would submit at the end of the proceeding, it's going to be your judgment. 10 18 It would not be plausible and I think, again, All of this, all of this, Commissioner, while I would also submit that the refusal to You, as the Commissioner of the NFL, who is 19 provide the information that Mr. Wells asked for 19 20 that bore directly on this point not only is 20 21 absolutely a failure to cooperate, but it is 21 that as to what the appropriate finding should be. 22 reasonable to draw the inference that the failure to 22 What I can say with quite certainty, it is, you are 23 do so, his failure to provide that information 23 plainly authorized under the CBA to make that 24 suggests that there were -- there was probative 24 judgment. To the extent that you decide to affirm 25 evidence in the texts. 25 the discipline, the evidence in the Wells report is It's your judgment, Commissioner. You know OPENING STATEMENT/NASHPage 39 OPENING STATEMENT/NASHPage 41 1 substantial and provides a more-than-adequate basis 2 Declaration from Mr. Maryman, I think we addressed 2 to affirm the discipline. 3 this in the letter and I don't spend a lot of time 3 And, finally, it is certainly fair and 4 on it, I'm actually quite puzzled by the 4 consistent. The fact that -- the argument that 5 declaration. I don't see how it can help 5 because no player before has engaged in something 6 Mr. Brady's arguments here. 1 Now, as far as this last-minute, the 6 like this in this context, we are talking about the 7 First of all, there's a discussion about the 7 AFC Championship Game. 8 e-mails. What the report documents is that the 8 9 information that was most critical to Mr. Wells and 9 Again, we are not talking about a ball boy heating up the ball who doesn't know the rules in 10 the investigators are the texts. I think the 10 Minnesota. When you read the Wells report, we are 11 players, like Mr. Brady, communicated by text far 11 talking about much, much more. And in this context, 12 more than they do by e-mail. 12 in order for him to convince you that the discipline 13 is not either fair or consistent, I would suggest 14 texts during the relevant period. In fact, and we 14 that it's his burden. He would have to show you 15 will hear from Mr. Brady, I suppose today about 15 that there was some similar incident. 16 this, in fact, if you look at this expert 16 17 declaration that was just submitted, there is a 17 overall facts. And on that point, one other thing 18 large gap in terms of Mr. Brady's phone. There are 18 about the Wells report that I think needs to be 19 no text records for the relevant period. 19 emphasized, you can parse various parts as 13 We were not provided with the context of any 20 Mr. Kessler did; he didn't address a lot of the 21 somehow either destroyed. But even if that's not 21 evidence in the report, but you can parse things. 22 known, there is certainly no explanation as to why 22 23 if Mr. Brady had cooperated when he was asked, if he 23 conclusions are based on substantial evidence and 24 had cooperated in a timely manner, that would have 24 they are based on the totality of the evidence. 25 been available. 25 It's not just based on the scientific report. It's 20 I think the assumption could be they were And by "similar," it has to be the same 06/25/2015 03:43:11 PM But the Wells report makes clear that the Page 38 to 41 of 457 14 of 172 sheets REPLY/KESSLER Page 42 REPLY/KESSLER Page 44 1 not just based on one text or one phone call. It's 1 none to Mr. McNally, which is consistent with 2 based on all of the evidence. 2 Mr. Brady's testimony that he didn't really know 3 Mr. McNally in any material way at all. 3 Commissioner, I would submit that's the 4 judgment, that's the way you should approach the 4 So there are no texts to Mr. McNally's 5 judgment, is you listen to the evidence. I would 5 number. The Jastremski texts match up and the 6 submit that when you listen to the evidence today 6 Schoenfeld texts match up. So everything that was a 7 and when you weigh that against all of the evidence 7 text there was basically in the Wells report. So 8 that we are going to put into the record including 8 for Mr. Nash to come and say you should assume that 9 the Wells report, it is certainly within your 9 there are bad texts and Mr. Brady's going to testify 10 discretion to conclude that Tom Brady engaged in 10 there were no such texts and the phone records show 11 conduct detrimental, serious conduct detrimental, 11 there were no such texts, there is no way you can 12 and that the discipline imposed was fair and 12 draw that adverse inference about him. And it's not 13 appropriate. 13 right for Mr. Nash to suggest it. 14 MR. KESSLER: I would like to use five 14 15 minutes of my very valuable time just to respond to 15 Mr. Nash knows, and as I believe you know, the 16 a few points that Mr. Nash raised. The first one 16 only -- assuming there was a lack of cooperation for 17 is, he emphasized at the end, he kept using the word 17 the moment, and we believe why we think you should 18 "the player engaged," "the player engaged in conduct 18 not find that in this case because there was no 19 detrimental." No player has engaged in similar 19 policy that said it, he wasn't told about it, 20 conduct. 20 assuming you say I think this was a lack of 21 cooperation, here, we do have a history of very comparable behavior in Mr. Nash's word. 21 I'm sorry, but Mr. Nash is wrong. Mr. Wells With respect to the issue of cooperation, as 22 did not make any finding and there is no finding 22 23 that Mr. Brady engaged in anything other than being 23 24 generally aware of somebody else's conduct. He has 24 remember involving sexting on his phone, he was 25 no response to that. He can point to nothing. He 25 found to have refused to cooperate in the REPLY/KESSLER So Brett Favre in an incident you may Page 43 REPLY/KESSLER Page 45 1 can brief this afterwards. And I'm saying right now 1 2 he will find no precedent for generally aware. So 2 3 the whole premises of his argument of "engaged" is 3 remember Mr. Hargrove was fined -- was suspended; 4 just not what the Wells report found. 4 I'm sorry -- for refusing to cooperate in the 5 investigation. Commissioner Tagliabue said the 5 Number 2, on the e-mails, he seems to not investigation and he was fined $50,000. When that came up in bounty, you will 6 understand the Maryman Declaration. So let me just 6 following with respect to that: He reversed 7 explain it a little bit. I didn't think I had to. 7 Mr. Hargrove's suspension and he said, "Although not 8 It says, so, for the phone texts, the phone doesn't 8 entirely comparable to the present matter," talking 9 exist. It didn't exist at the time. In other 9 about the Favre situation for Mr. Hargrove, "This 10 words, Mr. Brady's practice, you will hear, because 10 illustrates NFL's practice of fining, not 11 of living the life he lives as a celebrity, for 11 suspending, players for serious cooperation 12 better or worse, he gets free telephones. 12 violations of this type." 13 That's the history. It's been a fine. So if 14 constantly because he's afraid of in this world of 14 Mr. Nash had said I still think it's cooperation, it 15 social media what would happen if somebody got his 15 should be a fine, that would be one thing. But 16 private information with himself and his wife and 16 there is no history in the light of bounty, I don't 17 other things and what that would become. So that 17 see any way under fair and consistent a suspension 18 has been his practice for years and years. 18 would be imposed just on this cooperation issue. 13 19 And based on that, he gets rid of his phones So what did we provide? We provided all the And finally, on the issue Mr. Nash said, 19 20 phone logs that show the text messages. I didn't 20 well, it's not a big deal that it's not in any 21 even know this, but your phone bills, you can 21 policy or notice. Mr. Brady should just know that 22 actually get the records, show all the text 22 this, he would be punished for this. Well, that's 23 messages. And what does that show? It shows all 23 not what the cases say. 24 the text messages from the relevant time match up to 24 25 all the texts to Mr. Jastremski, okay. There are 25 15 of 172 sheets So in Peterson, Judge Doty said the new policy couldn't be imposed instead of the old policy Page 42 to 45 of 457 06/25/2015 03:43:11 PM REPLY/KESSLER Page 46 DIRECT/BRADY/KESSLER Page 48 1 because the player had no notice of it even though 1 2 the player surely knew from the old policy that 2 3 domestic violence was prohibited, but it had to do 3 4 with what the punishment can be and that's what 4 5 Judge Doty held. And right now that's binding law 5 A. Q. A. Q. 6 on the NFL League. 6 win? 7 7 It says, Commissioner Tagliabue in bounty, 8 specifically said that in the case of bounty, the 8 9 League's history was to hold the clubs responsible, 9 Patriots to during your career? Four. Now, how many did you go to? Six. I know you are focused on how many did you A. Four. Q. Okay. Has anybody won anymore? A. Same, Montana. 10 not the players, and therefore, he found that as a 10 MR. KESSLER: That's all I am going to do on 11 reason to overturn the discipline there. And he 11 Mr. Brady's background, which I think is well-known 12 said because that was the history. 12 to the Commissioner regarding this. 13 That's the exact history here. That's why 13 COMMISSIONER GOODELL: Sure. 14 the conduct detrimental doesn't apply. This is the 14 Q. Mr. Brady, I'm going to direct all of your 15 competitive integrity policy which is directed at 15 testimony now to the issue of game balls and the 16 holding the clubs responsible for this. Now, that 16 incidents that are in the Wells report and all of 17 can change. It can promulgate a new policy, but it 17 that information. 18 matters. It's simply not correct legally that it 18 19 doesn't matter. 19 would just explain to the Commissioner more than me, 20 who selects the footballs you use in the NFL games? 20 21 And I know Mr. Levy will give you legal So let me first ask you, sir, and if you A. I do. Q. Okay. And could you explain to the advice on this based on the caselaw. But I just 21 22 believe when you get that advice and look at the 22 23 evidence, you are going to conclude that notice, 23 Commissioner how do you decide what balls you would 24 fairness and consistency matters. So thank you very 24 like to use, what factors, what process do you go 25 much for that extra time. 25 through? If you could explain that to him. DIRECT/BRADY/KESSLER Page 47 1 2 DIRECT/BRADY/KESSLER Page 49 1 MR. LEVY: Why don't you call your first witness. 3 A. Well, we have a, I would say in a very 2 general situation, I have played a lot of games and 3 we have different practices, I think, depending 4 Brady to the stand, please. 4 on -- depending on the game. I think every 5 T H O M A S B R A D Y, called as a witness, having 5 quarterback likes the balls a certain way. And it 6 been first duly sworn by a Notary Public of the 6 really has to do with feel. It really has to do 7 State of New York, was examined and testified as 7 with comfort of gripping the ball. And I think we 8 follows: 8 go through pretty, you know, extensive, rigorous 9 DIRECT EXAMINATION BY 9 process to take what may be a brand new football and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. KESSLER: I will. I will now call Tom MR. KESSLER: Q. Good morning, Mr. Brady. Could you please just state your name for the record so we have that. A. Q. A. Q. A. Q. A. Q. try to break it in as quickly as possible so it can 11 be available to be one of the game balls that you 12 use on game day. Thomas Edward Patrick Brady, Jr. 13 So what typically happens is over the course Thank you. And what college did you attend? 14 of the week, in our situation, John would break the University of Michigan. 15 balls in. And what year were you drafted into the NFL? 16 2000. 17 And by which team? 18 New England Patriots. 19 years, I don't know however long it's been, he has Okay. And how many seasons have you played 20 been the one that I've dealt with that has been 21 responsible for prepping them so that I can go in 15. 22 before the game and choose what I like and what we And have they all been with the Patriots? 23 are going to play with on that particular day. Yes. 24 And how many Super Bowls have you led the 25 in the NFL? A. Q. A. Q. 10 06/25/2015 03:43:11 PM COMMISSIONER GOODELL: John who? THE WITNESS: Jastremski. A. He would break in the last three or four And it's a very feel-oriented process. It's not, you know, I grab the ball. I feel with my Page 46 to 49 of 457 16 of 172 sheets DIRECT/BRADY/KESSLER Page 50 DIRECT/BRADY/KESSLER Page 52 1 hands. If I approve it, you know, I flip it to 1 the field that I play with. So once I pick the ball 2 John, you know, to sort through however many he may 2 out, then I don't want anything other than that ball 3 make up for the game. There could be 30 balls. 3 to be the one that I am on the field playing with. 4 There could be 40 balls. I could select 12. I may 4 Q. Now I am going to ask you now, I am going to 5 select 24 depending if we think we are going to use 5 6 additional balls. So I think it's really a process 6 7 for me to -- I don't even really think about. Is it 7 context, this is the game about which this various 8 important to me? Absolutely. I think the ball is 8 e-mail traffic and discussing the Jets' ball that's 9 important to every quarterback, which is why we are 9 in the Wells report. That's the one we are focusing 10 10 a part of that 2006 that we could break them in. 11 But for me, it's always been about how does 11 turn to the October 2014 Jets game. MR. KESSLER: And to give you, Commissioner, on right now. Q. Now, what do you recall was your reaction to 12 the ball feel in my hand? Can I properly grip it 12 the footballs when you felt them in the October 16, 13 and, you know, is this, what I feel is going to be 13 2014, game against the Jets? Was there anything 14 the best to go out there and perform on the field 14 different? What happened? 15 with? So that's basically it. 15 16 Q. 16 Mr. Brady, did the issue of inflation level 17 ever come up as a factor when you are choosing your 17 18 balls or deciding upon the balls; is that something 18 19 you think about at that time? 20 21 A. Q. Well, we chose a different process. So I would say we have a pretty standard process for how 20 we break the ball in or how John breaks the balls Okay. Do you discuss the inflation level of 21 in. It's a very rigorous process. It's probably, you spend a significant amount of time on each ball. the balls with Mr. Jastremski during the process 22 when you are selecting the balls? 23 A. Q. A. 19 23 25 Was there anything different? Never. 22 24 A. Before the game or after the game? Q. Well, first, yeah, let's go before the game. Never. 24 Okay. Now, once you approve the footballs 25 COMMISSIONER GOODELL: What does he do, Tom? Do you mind? MR. KESSLER: Sure. DIRECT/BRADY/KESSLER Page 51 DIRECT/BRADY/KESSLER Page 53 1 for the game, when is the next time you come into 1 2 contact with the balls? 2 specifics. I know there's sandpaper. I know On the field. 3 there's dirt. I know there's a leather conditioner During your whole career now, I want to be 4 that we use that I got from my old college coach that we use on the ball quite a bit. 3 4 A. Q. THE WITNESS: Well, I don't know all the 5 very clear about this, I am asking during your whole 5 6 career, have you ever asked anyone from the Patriots 6 7 to alter the footballs in any way after you've 7 receivers use and we try to get the tack from the 8 approved them? 8 leather on the receiver gloves and really rub that 9 into the -- (indicating) -- each of these balls have 9 10 A. Q. No. And we take leather receiving gloves that the 10 nubs on them. Sometimes if the ball is too nubby, I 11 again, very specific question, have you ever told 11 like to sand down the nubs. I don't like it when 12 anyone on the Patriots after you've given to them 12 there's no nub because then there's no traction on 13 that they should change the inflation level of the 13 the ball. 14 footballs after you approved them or do anything 14 15 about the inflation level after you approved them? 16 17 A. Q. Okay. Now, have you ever specifically, so So you want your hand to be able to grip the 15 ball, but you don't want it so flat that you can't. No. 16 So they try to, basically, moisten the ball with the Now, what would be your reaction if 17 leather conditioner. And it's -- it's -- that has 18 Mr. Jastremski or anyone else in the Patriots was 18 been a very helpful way to break in a new ball 19 doing something to the footballs after you've 19 quickly, not that there is any way to break in 20 approved it? How would you feel about that? 20 quickly. 21 22 23 A. Q. A. I would disapprove of that. 21 Why? Why would it matter to you? 22 took over that process, which like I said, it's a Because I go through, like I said, this 23 very extensive process, so I'm not sure how the I think even before John, John Jastremski 24 extensive process to pick out the balls for the 24 other equipment managers do it, but a lot of players 25 game, and that's the ball ultimately that I want on 25 would just basically use the ball in practice until 17 of 172 sheets Page 50 to 53 of 457 06/25/2015 03:43:11 PM DIRECT/BRADY/KESSLER Page 54 DIRECT/BRADY/KESSLER Page 56 1 it broke in enough that they could -- that they 1 COMMISSIONER GOODELL: In the Jets game? 2 would want to use it in the game. 2 THE WITNESS: In the Jets game. Q. Tell the Commissioner what did you feel 3 Sometimes that may take two weeks, three 3 4 weeks, four weeks, it takes a long time to break in 4 5 a football if you are just playing catch with it. 5 6 At some times in my career, I have seen ball boys 6 feel like the ball was the way I approved them 7 manually throwing the ball back and forth to one 7 before the game. And for one reason or another, I 8 another, I mean, literally hundreds of times to try 8 don't know what happened to the balls. 9 to break the ball in. So to use that conditioner, 9 10 it's been a significant way to kind of speed up the 10 11 process. 11 12 13 14 15 16 COMMISSIONER GOODELL: You said there were 12 13 different processes? THE WITNESS: Yeah. 14 COMMISSIONER GOODELL: And you said you did 15 16 something different at the Jets game? different in the football during the Jets game? A. Well, the ball was very hard, so it didn't COMMISSIONER GOODELL: But they were the same balls, to your knowledge? THE WITNESS: I have no idea. To my knowledge, yes, they should have been. Q. And did you react to that with anybody on the team? A. Yes. Can I just say one other thing? Q. Sure. A. So when you use -- just to be clear, when I 17 THE WITNESS: Yeah. 17 18 COMMISSIONER GOODELL: What was the 18 say "soft" and "hard," a lot of times the only thing 19 difference, I guess just so I understand, and how 19 I have ever felt a football when I say that is the 20 many different processes did you have? I understand 20 softness of the leather. So when I say I'm trying 21 there are multiple steps that you just described. 21 to break in the ball, I'm breaking in the -- I'm 22 THE WITNESS: There was really, we basically 22 making the laces softer, I'm making the leather 23 prepared them one way up until that particular game. 23 softer, like you refer to it like a baseball mitt. 24 We played in a game late, not in 2014, but in 2013. 24 25 It may have been the last game of the year. We 25 So when we use those balls in the Jet game, they were balls that were really old balls so the DIRECT/BRADY/KESSLER Page 55 DIRECT/BRADY/KESSLER Page 57 1 played the Buffalo Bills and there was a torrential 1 leather was soft. Does that make sense? The 2 downpour and we used a lot of the Lexol leather 2 leather was soft. The ball wasn't soft. The 3 conditioner on the ball. And John, not knowing 3 leather felt like I could grip it. 4 that, what he does always before the game with the 4 5 Lexol, and it turns out that when the Lexol is 5 the ball, but you didn't like it. Who did you 6 exposed to the -- to the wet weather, the ball gets 6 express your feelings to during the game? 7 very oily and it makes it nearly impossible to grip. 7 8 9 So when we went into that particular Jet game, there was going to be inclement weather and Q. Now I would like you to turn to, so you felt A. To John. It was over the course of the first 8 half that, you know, I was just, I was very pissed 9 off. I was very pissed off at -- partly because I 10 I -- we came to I think a mutual decision. And he 10 felt like I got talked into using these balls that 11 said, believe me, we are going to use a lot of these 11 we had done, like I said, a different protocol, and 12 old footballs that are from training camp which, I 12 I felt like it didn't work out very well. 13 don't know, four or five weeks, six weeks ago that 13 Q. Mr. Brady, during the course of a game, is it 14 we would never typically use in a game because they 14 fair to say you are somebody who gets fired up and 15 don't have any Lexol on them. 15 intense during a game? 16 But they are already broken in so that when 16 17 the water hits the ball, the water will absorb into 17 18 the ball and it will create, you know, enough 18 19 tackiness with just the water that you will be able 19 20 to grip it when you throw it. 20 A. Q. A. Q. Yes. Is that a fair statement? Yeah. Okay. Did some of that intensity get directed at Mr. Jastremski during this game? A. 21 So I was a little hesitant, but I went with 21 22 it. You know, I felt the balls before the game. I 22 pissed off. So it's kind of a good attitude for me 23 said all right, you know, let's go for it. And then 23 to have all the time on the football field, you 24 I got on the field and hated it. 24 know. And I know that he got the brunt of it 25 because I didn't like -- for the first time in my 25 Q. Tell the Commissioner -- 06/25/2015 03:43:11 PM Page 54 to 57 of 457 I mean, yes, I think it did. It did. I was 18 of 172 sheets DIRECT/BRADY/KESSLER Page 58 1 2 DIRECT/BRADY/KESSLERPage 60 1 career, I didn't like the way the football felt. Q. Now, the next day after the Jets game, did 2 A. Yes. Q. And so you were telling him make sure the 3 Mr. Jastremski then tell you anything he learned 3 officials don't make it more than that? Don't make 4 about the balls? 4 it 16, right? 5 6 A. I don't know if it was the next day or days 5 6 after that game. A. Yes. Q. Other than that comment, have you ever, after 7 Q. Sometime after the Jets game, what did 7 that time, told Mr. Jastremski or anybody else in 8 Mr. Jastremski tell you he learned about the ball? 8 the Patriots anything else about the pressure of 9 footballs? Was there any comments at all that you 9 A. That the balls were, you know, inflated to, 10 you know, much higher than what they were agreed 10 11 upon before the game. 11 12 13 14 Q. Do you recall what number he used? A. 16. Q. 16 psi? Okay. 15 12 13 make to them -- A. No. Q. -- until this happened? A. No. 14 COMMISSIONER GOODELL: Tom, why would you go 15 to Dave -- is it Schoenfeld -- the equipment 16 before he mentioned that, at that time, did you have 16 manager? 17 any prior knowledge as to what the exact psi levels 17 THE WITNESS: Yeah. 18 were set for in this NFL rule from 1920? 18 COMMISSIONER GOODELL: Why did you go to him 19 20 21 22 And how did you react to that? First of all, A. Q. A. Q. Zero. 19 No knowledge at all until then? 20 THE WITNESS: Because he's his boss. Zero. 21 COMMISSIONER GOODELL: Jastremski was the one Okay. So after he told you it was something 22 23 called 16, what did you say to him? How did you 23 24 react to that? 24 25 A. 25 Well, obviously, I felt like somebody did and not Jastremski? who went through the process with you in the past? THE WITNESS: Right. COMMISSIONER GOODELL: And prepared them for you, and you didn't ask him about the pressure? DIRECT/BRADY/KESSLER Page 59 DIRECT/BRADY/KESSLERPage 61 1 something to the balls. I thought possibly the 1 2 referees added balls -- added air to the balls, just 2 didn't. I didn't ask John about it. I don't think 3 because maybe they squeezed them, felt that these 3 I did. I mean, it could have been the two of them 4 balls feel soft and just, you know, squeezed air 4 there together at the same time. I'm sure John 5 into the ball. 5 eventually found out. 6 6 So I told our -- I asked our equipment THE WITNESS: I may have had Dave -- no, I Q. Tom, at the time of this, did you even know 7 manager, Dave Schoenfeld. I said Dave, what does it 7 who on the Patriots would be with the officials when 8 say in the rule book as to how the balls should be 8 the balls were being looked at to show them the rule 9 inflated? And he brought me a piece of paper that 9 to tell them that? In other words, did you even 10 was highlighted and it said the balls should be 10 know it was Jastremski or somebody else? 11 between 12 and a half and 13 and a half. And then I 11 A. No, I never thought about it. 12 told Dave -- 12 13 14 15 16 COMMISSIONER GOODELL: That was in the days 13 COMMISSIONER GOODELL: Just so I'm clear, this is a Jets game in New York? 14 following the Jets game? THE WITNESS: No. 15 THE WITNESS: Yes, I don't know, two days, 16 three days, four days. COMMISSIONER GOODELL: It's not? It was in New England? 17 COMMISSIONER GOODELL: Whatever it was? 17 18 THE WITNESS: Yes. 18 19 I said make sure when the referees get the 19 Wells report, because Mr. Nash in his opening THE WITNESS: Yeah. Q. Now, let me show you next something from the 20 balls, give them this sheet of paper that 20 mentioned that there were these e-mails from other 21 highlighted, because really I don't want that to 21 people or texts from other people that are not you. 22 ever happen again. I don't want to go out there on 22 But it's talking about you, so I want to give you 23 the field and play with a ball that's -- 23 some chance to give context to what this seems to 24 refer to, even though you obviously don't know what 25 the e-mails say or mean other than that you are 24 25 Q. The sheet of paper was, the rules say between 12 and a half and 13 and a half? 19 of 172 sheets Page 58 to 61 of 457 06/25/2015 03:43:11 PM DIRECT/BRADY/KESSLERPage 62 1 DIRECT/BRADY/KESSLERPage 64 1 looking at them now. 2 2 Take a look at in the Wells report, which is balls to be less than 12.5? A. No. Q. Now, let me now mention, because it came up 3 NFLPA Exhibit 7. I'm sure it has an NFL number as 3 4 well. And take a look at page 86 of the Wells 4 in the Wells report, the 2006 rule change that you 5 report. 5 were involved in. Were you one of the quarterbacks 6 COMMISSIONER GOODELL: Is this it? 6 to lobby for the rule change in 2006 regarding 7 MR. LEVY: Yes. 7 preparation of footballs? 8 MR. KESSLER: Do you have it, Commissioner? 8 9 COMMISSIONER GOODELL: Yes. 9 10 Q. So the Jets game we are talking about was 10 11 October 16th. You will see these are a pair of 11 12 e-mails from Mr. Jastremski to Panda that are 12 13 October 17th. You will see that's the day after the 13 14 Jets game, just to give context to everyone. 14 15 15 By the way, I will represent to you because A. Yes. Q. Who were some of the other quarterbacks who were involved in that? A. I know Peyton was, Trent Green, Drew Brees; who else? Q. Were most of the quarterbacks in the League involved at that time? A. All of them. And everyone ultimately that we 16 it says in Mr. Wells' report that Panda is 16 sent a petition to, you know, said, hell yeah, let's 17 Mr. Jastremski's fiancé, so that we know who he's 17 do it. Let's agree with it. 18 communicating with is his fiancé, the day after the 18 Q. And let me just refer, we have NFLPA 19 Jets game, okay? 19 Exhibit 203 is a copy of the petition. Is this the 20 petition that you and other quarterbacks signed 21 asking for the ability to prepare your footballs as 22 a rule change? 20 21 And you will see what he writes is, "Ugh...Tom was right." 22 Do you see that? And then it goes, "I just 23 measured some of the balls. They are supposed to be 23 24 13. They were, like, 16, felt like bricks." 24 25 25 Do you see that? A. Yes. Q. Okay. Now, in this petition, was there any discussion of the pressure of the balls or inflating DIRECT/BRADY/KESSLERPage 63 DIRECT/BRADY/KESSLERPage 65 A. Yeah. Q. Now, at this time, when he says, "Tom was 1 2 3 right," what had you discussed with Mr. Jastremski 3 4 during the game? Did you say anything about the 4 discussions with anybody about inflating footballs 5 pressure at that time or the psi during the game? 5 or the psi's of footballs or even what those No. 6 requirements were? What did you tell him? 7 I don't -- that the balls sucked, yeah. 8 I think you said they felt hard or fat or 9 1 6 7 8 9 10 11 12 A. Q. A. Q. 2 A. I didn't like them. Q. Does this reference to you in any way A. No. Q. During the time in 2006, did you have A. No. Q. Did you ever learn the 12.5 to 13.5 standard during that 2006 process? 11 A. No. Q. Okay. Now, was this rule ultimately 12 presented to the NFL Competition Committee? 10 something like that? balls or anything about that subject at all? A. Yes. Q. And did the Competition Committee adopt this 13 indicate that you had a conversation with him during 13 14 the Jets game about pressure or psi or anything like 14 15 that? 15 rule change to let the quarterbacks prepare their 16 balls? 16 17 18 A. No. Q. Thank you. 17 Now, when you told Mr. Schoenfeld to show the A. Yes. 18 COMMISSIONER GOODELL: Mr. Kessler, who did 19 referees the rule, did you ever tell him you wanted 19 20 him or anyone else to make a psi level below 12.5 20 MR. KESSLER: The petition? 21 that you now learned was the limits? 21 COMMISSIONER GOODELL: Yes. 22 23 A. No. Q. Okay. Did you ever tell anyone in the Jets 22 23 24 organization -- I'm sorry, the Patriots organization 24 25 -- that they should do -- they should try to get the 25 06/25/2015 03:43:11 PM this come from? MR. KESSLER: The quarterbacks and the League all signed it. COMMISSIONER GOODELL: I know. I signed it. But who did it come from? Page 62 to 65 of 457 20 of 172 sheets DIRECT/BRADY/KESSLER Page 66 DIRECT/BRADY/KESSLER Page 68 A. No. Q. Did you in any way suggest to him to do 1 THE WITNESS: Peyton. 1 2 COMMISSIONER GOODELL: Peyton? 2 3 THE WITNESS: Manning. 3 4 MR. KESSLER: And then this was presented to 4 5 the Competition Committee and that's what happened. 5 A. No. Q. Did you even suggest to him anything about 6 Q. Now, in the Wells report, Mr. Wells said, and 6 the pressure whether it was to make it at any level? 7 this is one of the points that Mr. Nash said or 7 8 Mr. Wells reached his conclusions, and he wrote, "It 8 9 is reasonable to infer" -- that's the words he 9 something to the balls to make them less than 12.5? A. No. Q. What were you talking to Mr. Jastremski about when you were selecting the balls, if you remember; 10 used -- "that you were likely to have become 10 11 familiar with the NFL rules regarding the 12.5 11 12 minimum inflation level in 2006 when you were 12 different -- can I talk about just, again, was a 13 lobbying for this rule." 13 different process than what we had normally gone 14 through. 14 Regardless of what Mr. Wells said was 15 reasonable to infer, did you, in fact, become aware 15 16 of the rule at that time? 16 17 18 19 20 21 22 23 A. No. Q. Was there any discussion of that rule at that what kinds of factors were you talking about? A. COMMISSIONER GOODELL: The AFC Championship Game? 17 18 time? A. No. Q. Now, let me now turn to the AFC Championship Game against the Colts. MR. KESSLER: Commissioner, do you think we Just the way the ball felt. And this was a THE WITNESS: The AFC Championship Game. A. So knowing that I didn't want to go back and 19 use two-month balls in this AFC Championship Game 20 like we did for the original Jets game, I think on 21 Friday we found out the weather was going to be 22 inclement. 23 And we decided to break in brand-new 24 should have a break? Should I continue? Okay, we 24 footballs with, like, 36 hours to go before the game 25 will continue. 25 because I didn't want any Lexol on the balls. And I DIRECT/BRADY/KESSLER Page 67 DIRECT/BRADY/KESSLER Page 69 1 COMMISSIONER GOODELL: Do you want a break? 1 didn't want to do the same thing that happened in 2 THE WITNESS: No. 2 the Jets game. 3 Q. Looking at that game, do you recall 3 So we kind of referred back to an old process 4 approximately what time the game was going to start 4 that the previous equipment manager who was 5 that night, roughly? 5 responsible for the preparation of the game balls 6 did, which was like I said, that really extensive 7 manual throwing, gloving process that makes up for a 8 lot of the Lexol. 6 7 8 9 10 11 A. 7:30, 8:00. Q. Would it refresh your recollection if I said it was around 7:00, 6:50, 7:00? A. It was a night game. Q. That sounds about right? Okay. 9 How many hours before, approximately, would 10 weeks of breaking the ball in, that kind of, you can 11 get through those. So I asked John to make up 24 brand new balls without putting any Lexol on them. 12 you have made your final approval of the balls on 12 13 that day for the AFC Championship Game? 13 14 15 A. I think between three and four hours. Q. Okay. Now, when you selected the footballs, What you gain from the Lexol, kind of the 14 COMMISSIONER GOODELL: Have you ever done that procedure before? 15 THE WITNESS: No. It had been many years. 16 who was assisting you in the selection process at 16 COMMISSIONER GOODELL: When you played in 17 that time? 17 18 19 20 21 22 A. John. Q. Anybody else besides Mr. Jastremski or was it just the two of you? A. Just the two of us. Q. Okay. Now, at the time that you made that inclement weather, did you ever decide to do that? 18 THE WITNESS: No. 19 COMMISSIONER GOODELL: This is the first time 20 in the AFC Championship Game you said, I want to 21 break in 24 new footballs in a different process 22 than you have ever done before? 23 selection, did you give Mr. Jastremski -- did you 23 24 say anything to him about the pressure level of the 24 John took over, the guy John Hillebrand, that's how 25 balls on that day? 25 he broke the balls in. We didn't use much Lexol with 21 of 172 sheets THE WITNESS: Well, that's the way -- before Page 66 to 69 of 457 06/25/2015 03:43:11 PM DIRECT/BRADY/KESSLER Page 70 DIRECT/BRADY/KESSLER Page 72 1 John Hillebrand. That's not what he wanted to do. 1 2 When John Jastremski took over, we used a lot more 2 3 Lexol. 3 4 5 6 COMMISSIONER GOODELL: Was the Jets game in 4 5 inclement weather? 6 THE WITNESS: I don't think it ended up -- 7 no. It was supposed to be, but it didn't end up 7 8 being. It may have -- it may have rained; I don't 8 9 remember. 9 10 11 12 Q. Which game are we talking about? A. The Jets game. Q. The original? 11 12 COMMISSIONER GOODELL: Back in October. 13 14 A. So what happened was I don't want any -- we 14 15 definitely need to use new balls, but I don't want 15 16 any Lexol on the balls. So you basically have to go 16 17 through this rigorous ball preparation with, like, 17 18 36 hours to go. 18 20 21 22 COMMISSIONER GOODELL: But over the three 19 20 years that John was there -THE WITNESS: Yeah. 21 COMMISSIONER GOODELL: -- you never did that 22 23 before? You never did a 24, 48-hour process to take 24 new balls and break them in? 25 A. No. Normally I just leave because I do it in the equipment room. Q. So that was, you gave the balls to him. When did you next see any of the balls? A. On the field. Q. On the field? COMMISSIONER GOODELL: Just so I am clear, for warmup or game? 10 13 19 then? 23 24 25 THE WITNESS: No. THE WITNESS: Game. Q. Now during the game you got the balls. Did they feel okay to you? A. Yes. Q. In other words, you didn't notice anything unusual about the balls or your balls felt okay? A. I didn't think about it. They felt fine; I didn't. Q. You had a process like you had in the Jets game? A. That was the only time I reacted to not having a ball. Q. They felt like they normally feel after you select them? A. Yes. Q. After halftime, did the balls feel any DIRECT/BRADY/KESSLER Page 71 1 2 DIRECT/BRADY/KESSLER Page 73 COMMISSIONER GOODELL: But you decided to do it because you felt -- 1 different to you than they did in the first half of 2 the game? 4 of backups to that, too. I said, look, in case I 4 A. No. Q. Now, did you know during the game that the 5 don't like this when you are done, make sure we 5 referees had put more air into the balls to get them 6 have, like, that night, I think I had, like, 6 to 13 psi at the halftime? Were you aware of that 7 probably 50 balls to choose from. 7 during the game? 3 8 9 10 11 3 THE WITNESS: Right. But we also had a lot 8 COMMISSIONER GOODELL: Okay. Q. Now, Mr. Brady -- 9 THE WITNESS: And, sorry, when I felt them that night, I liked them so we went with them. 10 whatever the inflation was in the first half versus 11 the second half in terms of your feel? Did you have 12 any sense of that during the game? 12 COMMISSIONER GOODELL: "That night" was what? 13 THE WITNESS: The night of the game. 13 14 COMMISSIONER GOODELL: Okay. 14 15 Q. Mr. Jastremski never was with you prior to 15 16 this year when you went to the Super Bowl, right? 16 17 18 A. No. Q. Okay. Mr. Hillebrand had been with you and A. No. Q. So could you even tell the difference between 17 A. No. Q. Now, just to ask, do you recall how you played in the second half of that game? A. We played good. We played really well. Q. Is it correct that at least your statistics 18 of passing a touchdown were better in the second 19 he was preparing the balls when you got to the 19 half after the ball was raised to 13 by the 20 Super Bowl sometimes; is that correct? 20 referees? You didn't know it, than they were in the 21 first half? 21 22 A. Yes. Q. During the game, now, when did you next get 22 23 the balls after you gave them to John on game day? 23 24 You picked your balls and you gave it to John. Do 24 25 you know where he took them or what happened after 25 06/25/2015 03:43:11 PM A. Q. A. Q. Page 70 to 73 of 457 Yeah. Was that correct? What did I do? I don't -Okay. You don't focus on your own 22 of 172 sheets DIRECT/BRADY/KESSLER Page 74 1 2 3 4 5 6 DIRECT/BRADY/KESSLER Page 76 1 Q. Okay. Now, there are records that Mr. Wells Whether we win or lose. 2 has noted that in the weeks after the game, now, so Yes, okay. 3 you now have two weeks to Super Bowl, you had We did good in the second half. We played 4 various text messages and phone conversations with 5 Mr. Jastremski? statistics; what do you focus on in the game? A. Q. A. really well. Q. 7 That's sufficient. 6 Now what I want to do is focus on the events 7 A. Yes. Q. Now, first of all, what was most of those 8 after the game is over. When did you first become 8 phone conversations about? Why were you talking to 9 aware after the game now that someone was making 9 Mr. Jastremski in those two weeks? A. 10 allegations that the Patriots had done something to 10 11 deflate the balls during the game? How did you 11 Bowl, still had the season to play and I knew there 12 learn about that? 13 14 15 16 17 18 19 A. Q. A. Q. 12 was another extensive process of breaking in all the On the radio show the following morning. 13 brand new Super Bowl footballs. The following morning? 14 Yeah. 15 processes that we would go through to break them in Okay. And what was your reaction when you 16 because the ones we had gone through the AFC 17 Championship where we didn't use the Lexol, we were 18 going to play in a dome. heard about that? A. I couldn't believe it. I think I said it's So we had numerous conversations on the 19 ridiculous. 20 Because we were obviously going to the Super COMMISSIONER GOODELL: Just so I am clear, The last time we played in Arizona, it rained 20 after the game. So I didn't necessarily want to 21 you were being interviewed or you just heard it on 21 chance it with putting a bunch of Lexol. So we were 22 the radio? 22 just determined when he was going to get the balls 23 whether we were going to use them at practice or 24 not. I think most of the conversations centered 25 around breaking in those balls. 23 24 25 THE WITNESS: I was being interviewed by the host on the show. Q. Now, after this radio interview, you heard DIRECT/BRADY/KESSLER Page 75 DIRECT/BRADY/KESSLER Page 77 Q. The Commissioner may already know this. I 1 this allegation; did you speak to anyone in the 1 2 Patriots about this allegation? 2 didn't know this. Do you have to prepare more I spoke to John. 3 footballs for a Super Bowl than for other games in Okay. And did you ask Mr. Jastremski if he 4 the NFL season? 3 4 A. Q. 6 A. Yeah. Q. Why is that? Could you explain to the Yes. 7 Commissioner. Maybe you know all this. What's What did he tell you? 8 different about the Super Bowl? That he has no idea what happened and that he 9 5 knew anything about the efforts to deflate the 5 6 footballs or anything like that? 7 8 9 10 11 12 13 A. Q. A. couldn't explain it. Q. And you know Mr. Jastremski a long time, I mean, for these three years? A. Well, I have known him for 12 years since he almost -- I think you use the ball for one play and 11 then they take it out of the game. So I think 12 there's almost 100 balls that we broke in. 13 has been working on the team because he was actually 14 15 kind of the quarterback ball boy at one point during 15 16 training camp, so. 16 Q. You generally found that in your dealings Well, you know, we break in, I think 10 14 17 A. 17 Q. How many balls do you have to select for a Super Bowl as opposed to a normal game? A. Q. A. Q. I think around 100 as opposed to 12. That's, like, almost ten times as many balls? Yeah. 18 with him, he has been honest and upfront with you 18 19 over the years? 19 that an expensive process for someone like Absolutely. 20 Mr. Jastremski to go through in that two-week period Do you believe that? 21 of time? Absolutely. 22 So when he told you he didn't know anything 23 20 21 22 23 24 25 A. Q. A. Q. about it, did you believe him? A. Absolutely. 23 of 172 sheets 24 25 So in your experience in past Super Bowls, is A. Absolutely. Q. And he had ever done that before for a Super Bowl? A. Page 74 to 77 of 457 No. 06/25/2015 03:43:11 PM DIRECT/BRADY/KESSLER Page 78 1 2 3 Q. A. Q. DIRECT/BRADY/KESSLER Page 80 And you were aware of that? 1 Commissioner, describe the quarterback room. Is it Yes. 2 kind of some secret sanctuary like the Bat Cave that Now, take a look again. I want to refer you 3 only the most special people get invited in? What 4 to some of the e-mails or texts, the things that 4 kind of people are in the quarterback room every 5 Mr. Wells cites. So look at page 104 of the Wells 5 day? 6 report, which is NFLPA Exhibit 7. 6 7 7 Now, you will notice this is a text from you 8 to Mr. Jastremski at 9:51 in the morning of the 8 9 19th, which is the, I believe the day after the AFC 9 10 Championship Game, so after the radio interview and 10 11 remember you said you had a phone conversation with 11 12 him? 12 13 A. Q. 14 15 16 17 Yes. 13 So was this text after that phone 14 invite whoever they want into the quarterback room? A. Absolutely. Q. Okay. COMMISSIONER GOODELL: Had John ever been in it? THE WITNESS: Up to that point, I have no idea. 15 conversation you had with him? A. Q. A. All the quarterbacks, coaches. Q. Can any one of your backup quarterbacks Yes. 16 Okay. Now, what did you mean or why were you 17 COMMISSIONER GOODELL: But not with you or you don't remember? THE WITNESS: I don't remember. 18 sending a text to Mr. Jastremski saying, "You are 18 Q. Now, normally, when you are preparing for a 19 good, Jonny boy?" 19 game, do you prepare in the quarterback room or do 20 you prepare at your home, usually? 20 And then he writes back to you, "Still 21 nervous. So far, so good, though. I will be all 21 22 right." 22 23 24 25 23 What do you understand that to be referring 24 to, if you could explain that to the Commissioner? A. 25 I wrote, "You good, Jonny boy," like, you A. Home. Q. Okay. On this particular day, were you preparing in the quarterback room at that time? A. Yes. Q. Okay. And so, why did you call DIRECT/BRADY/KESSLER Page 79 DIRECT/BRADY/KESSLER Page 81 1 doing okay? Because he was obviously nervous the 1 Mr. Jastremski to the quarterback room? Was there 2 fact that these allegations were coming out that 2 some significance to that? 3 they would fall back on him. And I was just, I 3 4 guess, expressing my concern for him. 4 preparation and I was just thinking about the Super 5 Bowls and asked him to come to the quarterback room 6 as opposed to me going to try to find him somewhere. 5 6 Q. anything wrong, bud." 7 8 9 10 11 12 13 14 Now, you then wrote to him, "You didn't do Why did you say that? Was that based on your conversation with him? A. Yeah, I said, "You didn't do anything wrong, bud." That's how I, you know. Q. And then he writes back, "I know. I will be quarterback room, what was the purpose of asking 9 him? What did you want to talk about? 10 11 Yeah. 13 that were being made at that time? Did that set of texts refer in any way to 14 your knowing that he had done anything to deflate 15 footballs or anything like that at all? 16 A. Q. No. 17 Now let me refer you next, the Wells report 18 19 notes that, "There came a time that you invited 19 20 Mr. Jastremski in this two-week period to the Super 20 21 Bowl to come to the quarterback room." 21 22 23 24 25 A. No. Q. Is it possible that something came up about is he feeling okay because you heard that? A. Sure, absolutely. Q. But anything beyond that, do you remember any conversations about the allegations? A. I don't remember. Q. Okay. Now, by the way, there has been some 22 discussion from the Wells report about Mr. McNally 23 and whether you knew him or not, okay. Prior to all Yes. 24 these allegations, did you know the name Jim Well, first of all, just to explain to the 25 McNally? I think it was on that day. Do you recall inviting him to the quarterback room? A. Q. A. The Super Bowl. Q. Okay. So did you call him there because you wanted to discuss something about the allegations 16 18 Q. Okay. Now, during that time in the 8 15 17 Because I was doing all my Seahawks 12 all good." A. Q. 7 A. 06/25/2015 03:43:11 PM Page 78 to 81 of 457 24 of 172 sheets DIRECT/BRADY/KESSLERPage 82 1 2 DIRECT/BRADY/KESSLERPage 84 A. No. Q. Now, did you know who it was, even, who met 1 2 don't know the person? A. Absolutely. Q. Have you ever handed signed merchandise to 3 with referees in their locker room when they are 3 4 testing the balls? Did you even know which person 4 people in the locker room at the stadium when you 5 physically on the Patriots was the person who went 5 didn't really know what their name was? 6 in there and did that? 6 7 8 A. No. Q. Okay. Now, in the New England stadium on 7 8 A. Yes. Q. You just said here, they asked, someone did it and you gave it to them? A. Yes. Q. So there's a statement here in the Wells 9 game day, are there lots of people who come in just 9 10 for game day as kind of part-time people working in 10 11 various ways? 11 report, and I don't know who the source is because A. Yes. Q. Okay. And do you get to sort of know over 12 you can't tell from the report, that someone says 13 13 that you handed a signed Jersey or shoes or 14 the years their faces, whether or not you know their 14 something to Mr. McNally at one point, okay. 15 names? 15 12 16 17 18 19 20 21 22 A. Yes. Q. So is it possible that you actually knew -- I 16 18 A. No. Q. Now, let me turn now very briefly to the 19 subject of electronic communications. Now, did 20 there come a time after February 28th, so now we are 21 well past the Super Bowl when you learned from your 17 will even ask it differently. Have you subsequently learned who Mr. McNally is among those people? A. Yes. Q. And is he somebody you actually sort of knew If you did that, did you know somebody named Mr. McNally when you did it? 22 lawyers or your agents that there had been some 23 as a face, somebody to go, like, wave to but you 23 request made for e-mails and texts that you might 24 didn't know who he was, his name? 24 have? 25 A. Yes. 25 A. Yes. DIRECT/BRADY/KESSLERPage 83 1 2 DIRECT/BRADY/KESSLERPage 85 Q. Okay. Now, other than that, do you have any relationship with Mr. McNally at all? 1 Q. Okay. Now, we know that those were -- 2 nothing was turned over or the request was not A. No. Q. Now, there is discussion in the Wells report 3 responded to. How did you make the decision about 4 4 that? What were you relying upon? How did you 5 about Mr. McNally getting some autographed jerseys 5 decide that? 6 or footwear or other things that you would 6 7 autograph; are you familiar with that? 7 lawyers and what they basically said, There's been a A. Yes. Q. Describe for the Commissioner what your 8 request, but we don't think it's proper for you to 9 turn your phone over, so you don't need to do that. 3 8 9 10 practice is when you get asked to sign jerseys or 10 11 shoes or other things by people who are, you know, 11 12 at the stadium or around the locker room or any of 12 13 those environments; what is your normal practice? 13 A. Well, I was relying on their advice as my Q. If they had told you that you should turn over anything, would you have done so? A. Absolutely. Q. Okay. At the time that the request was made, 14 A. I get asked I would say on a daily basis to 14 okay, you know what e-mails you did and what texts 15 sign any number of things. I think I told Mr. Wells 15 you did. Were there any e-mails or texts that you 16 I don't think I have ever turned anyone down. So if 16 were worried about which showed you knew about 17 someone asked, I signed whatever they would ask. 17 deflating or anything like that? Was there anything 18 you were trying to hide or conceal in your mind? 18 Sometimes they would put it in my locker and 19 walk away and there would be things there and I 19 20 would just sign them. But if somebody asked for an 20 A. Absolutely not. Q. Okay. Were there any such texts where you 21 autograph, I would give it to them. 21 wrote to somebody talking about deflating footballs 22 Q. Have you signed autographs for merchandise of 22 or other things in connection with the AFC 23 people who you don't know what they are? Someone 23 Championship Game? 24 comes over and says, "Could you give me this for 24 25 somebody else?" Would you sign that even if you 25 25 of 172 sheets A. No. Q. Were there any e-mails like that? Page 82 to 85 of 457 06/25/2015 03:43:11 PM DIRECT/BRADY/KESSLERPage 86 1 2 3 4 5 6 7 8 9 DIRECT/BRADY/KESSLERPage 88 A. No. Q. Now, you were interviewed by Mr. Wells and 1 2 3 his team, correct? A. Yes. Q. And did they spend a number of hours with A. Yes. Q. During that time, did they ever tell you that if you didn't turn over some texts or e-mails or A. No. Q. Did you do anything unusual except your 4 normal practice, when you are done with a cell 5 phone, to get rid of it and have it destroyed? 6 you? phone or anything like that? A. That's what I do. 7 COMMISSIONER GOODELL: Just, Jeff, can I ask 8 a question? How often do you normally dispose of 9 your phone? When you say "get rid of," does it run 10 respond to that that you were going to be 10 11 disciplined in any way, you know, that you were 11 12 going to be violating some, you know, specific 12 may come out of a particular phone, if I break the 13 policy about that or anything like that? Did they 13 phone, I've stepped on the screen a few times, it 14 ever tell you that? 14 just fell out of my bag at my locker, I'm not seeing out of time? THE WITNESS: Well, if it -- a new version A. No. Q. If you had been informed by them and they 15 it, I stepped on it, I think three or four times, 16 16 sometimes the touch panel breaks. 17 said look, this is your duty to cooperate, would you 17 18 then have produced them no matter what your agents 18 regular practice, irrespective of you breaking it, 19 and your counsel said? 19 to just get rid of it or when a new version comes 20 out? I'm trying to understand that, or is it every 21 month you change it just for security reasons? 15 20 21 22 A. Yes. Q. Okay. Have you ever had anything to hide on COMMISSIONER GOODELL: But it's not a very 22 THE WITNESS: No, I don't do that. 23 COMMISSIONER GOODELL: Does your number 24 A. No. Q. Now, Mr. Brady, let me ask you about your 25 patterns of phones, okay, because not everybody has 25 23 this issue, Mr. Brady? 24 change when that happens? THE WITNESS: No. The number would stay the DIRECT/BRADY/KESSLERPage 87 DIRECT/BRADY/KESSLERPage 89 1 this pattern, okay. First of all, do you have 1 2 access to basically cell phones for free? 2 3 4 5 A. Yes. Q. So it is essentially costless to you to get 3 same. COMMISSIONER GOODELL: Okay. Q. And, in fact -- 4 another cell phone? THE WITNESS: The only time I changed it was 5 after the report came out and there was -- a lot of A. Yes. Q. Okay. Now, have you had a practice, and tell 6 people started guessing what my phone number was and 7 7 then I changed my number. 8 me when it began, how long ago, of destroying or, I 8 9 guess, asking somebody to destroy or get rid of your 9 log we produced, just for your information, covers 10 that whole period for which we don't have the cell 11 because the number was the same number. And we got 12 all the phone records from the company and that has 13 been submitted. 6 10 11 12 13 14 15 16 cell phones periodically? A. I think for as long as I have had a cell phone. Q. Okay. Since you have been in the NFL? A. I don't remember all the way back, but yeah, I've had a cell phone since being in the NFL. 14 15 Q. So whenever you first started having, I don't MR. KESSLER: And, Commissioner, the phone COMMISSIONER GOODELL: Do you have multiple phones? 16 THE WITNESS: No. Q. Mr. Brady, when Mr. Wells interviewed you, 17 know when cell phones started, but whenever you 17 18 started having cell phones in the NFL, that has been 18 did you answer every question that he or his 19 your practice, correct? 19 colleagues asked you? 20 21 A. Yes. Q. Okay. And did you do anything unusual here 20 21 A. Yes. Q. Did you refuse to answer any question that he 22 in terms of getting rid of your phone? And I will 22 23 explain what I mean. In other words, did you hear 23 24 about the Wells investigation or the request for 24 A. No. Q. By the way, did he ever ask you if there were 25 this and then say, oh, let's get rid of my cell 25 any texts or phone messages that you had that would 06/25/2015 03:43:11 PM or his colleagues asked you? Page 86 to 89 of 457 26 of 172 sheets DIRECT/BRADY/KESSLER Page 90 DIRECT/BRADY/KESSLER Page 92 1 have discussed deflating footballs or anything like 1 It goes from 77 to 79 in terms of that. So at the 2 that? 2 bottom, these are not e-mails that you sent or texts 3 A. Did he ask me? 3 you sent. 4 Q. A. Q. Yes, did he ask you that? 4 Yes. 5 called Bird. I will represent to you Mr. Wells has And what did you tell him? 6 reported that Mr. McNally's nickname is Bird. So A. Q. A. No. 7 this is a set of text messages between Mr. McNally That there were none? 8 and Mr. Jastremski. And you will see the date is Right. 9 10/17, okay, which is the morning after that Jets Q. A. Let me now turn to a few more of the -- 10 Can I just say something as I think about the 11 5 6 7 8 9 10 11 12 This is between Mr. Jastremski and someone game that we previously discussed with you. So this is what was written. Bird writes to 12 Jastremski, "Tom's sucks. I am going to make that 13 Q. Yes, please. 13 next ball a fucking balloon." 14 A. Q. -- of getting rid of the phone? 14 Anything you would like to tell about the 15 15 16 17 process -- Commissioner. A. I think whenever I'm done with the phone, I Do you see that? And then Jastremski writes, "Talked to him 16 last night. He actually brought you up and said you 17 must have a lot of stress trying to get them done." 18 don't want anybody ever to see the content of the 18 19 phone, photos. Obviously there is a log with the 19 20 smart phones of all my e-mail communications. So in 20 21 those folders, there is player contracts. There's, 21 this morning. The refs fucked us. A few of them 22 you know, endorsement deals. There's -- along with 22 were at almost 16." 23 photos of my family and so forth that I just don't 23 24 want anyone to ever come in contact with those. 24 A. Yes. 25 A lot of people's private information that, 25 Q. Now, just in context, this was after you had John Jastremski to Bird, "I told him it was. He was right, though." Then John says, "I checked some of the balls Do you see that? DIRECT/BRADY/KESSLER Page 91 DIRECT/BRADY/KESSLER Page 93 1 had that phone -- if it shows up somewhere, then, 1 gotten somewhat agitated with Mr. Jastremski about 2 you know, all the contacts in my phone, you know, 2 how the ball felt during the game, right? 3 wouldn't want that to happen. So I have always told 3 4 the guy who swaps them out for me, make sure you get 4 5 rid of the phone. 5 last night. He actually brought you up," did you 6 ever bring up Mr. McNally at that time? 6 And what I mean is destroy the phone so that 7 no one can ever, you know, reset it or do something 7 8 where I feel like the information is available to 8 9 anybody. 9 10 Q. A. Q. A. Q. Yes. Now, when it says here that, "Talked to him No. Did you even know that, by name or not, did you even know who it was who went to the referees' 10 room when balls were blown up or not? Did you know 11 of the texts and the e-mails that are in the Wells 11 anything about that, or tested? 12 report that either you sent or that mentioned you. 12 13 What I'm going to do now is, there are a very few of 13 14 these that actually mention you or are alleged to 14 Mr. Jastremski about somebody having a lot of stress 15 mention you. 15 about getting something done? 16 Mr. Brady, we've already gone through a few I am going to ask you about each of them. 16 A. Q. No. Do you remember saying anything to A. No. Q. Now, in the Jets game, if you look at the 17 And I know these are not your e-mails, but Mr. Nash 17 18 has said that we should look at these e-mails. 18 last one, you see the reference to 16. That's the 19 MR. KESSLER: And so what I want to tell the 19 one they thought was -- that they tested and they 20 Commissioner, I'm covering every one that Mr. Wells 20 found was at 16, right; is that correct? 21 claims relates to Mr. Brady in some way, either 21 22 mentioning him or with him. 22 23 Q. So we've done a few already. I'm going to go 23 24 through a few more now. Take a look at the Wells 24 25 report. And this is on page 77 on the Wells report. 25 27 of 172 sheets A. Q. A. Q. What do you want to know? Do you remember that you were told it was 16? Yes, in the Jets game. Right. So my question is, in the Jets game, did anybody make any efforts to deflate or reduce Page 90 to 93 of 457 06/25/2015 03:43:11 PM DIRECT/BRADY/KESSLERPage 94 DIRECT/BRADY/KESSLERPage 96 1 footballs or were the footballs turned out to be 16? 1 that you did it yourself, but he's still going to 2 What happened at the Jets game? 2 ask you about it." A. The balls were overinflated. Q. Okay. And are you aware of any efforts at 3 4 Q. Did it in any way indicate that 3 4 Mr. Jastremski did it or Mr. McNally or anyone else 5 the Jets game by anyone to try to deflate or take 5 in your mind at the time if you remember when you 6 air out of balls at the Jets game? 6 read it? Did you think that? A. No. Q. Now, I would like you to look at, on page 86 7 8 9 A. No. Q. Okay. As you are sitting here today, I am 7 8 9 of the Wells report, we already covered this one; going to ask you to be very clear. Did you ever 10 I'm sorry. This is the one that says, "Tom was 10 give anyone any directions or instructions or 11 right and it's supposed to be 13." We already 11 authorization, anything, for the AFC Championship 12 covered that one, sorry. 12 Game that they should alter, change, lower the 13 pressure of footballs? 13 Let's now go to page 105 of the Wells report. 14 This is now the last one of all the ones that 15 allegedly refer to you. And it says here, this is 15 16 John to you, this is 1/19/2015. So this is after 16 17 the AFC Championship Game, okay. 17 18 18 And John wrote to you, "For your 19 information" -- "FYI, Dave will be picking your 19 20 brain later about it. He's not accusing me or 20 21 anyone. Trying to get to the bottom of it. He 21 22 knows it's unrealistic you did it yourself." 22 23 24 25 A. Q. A. Q. 14 John then says, "Just a heads-up." 23 And you write, "No worries, bud. We are all 24 Okay. You never authorized it? No. Okay. Do you know somebody did it despite your authorization? A. I don't know what you mean. Q. In other words, are you aware that, even know you didn't authorize it, they did it anyway? A. Q. A. Q. 25 good." Absolutely not. No. Are you aware of that? No. Do you know that? DIRECT/BRADY/KESSLERPage 95 1 DIRECT/BRADY/KESSLERPage 97 A. Absolutely not. I wasn't there. Q. Okay. As you are sitting here right now, do 1 What's your understanding of what they say 2 referring to here in these texts with you and 2 3 Mr. Jastremski? 3 you still believe Mr. Jastremski that when he told 4 you he didn't know anything about it and he didn't do anything? A. That John was telling me that Dave would be 4 5 picking my brain about it and that he wasn't 5 6 accusing him and he was trying to get to the bottom 6 7 of it and he knows it's unrealistic that I did it. 7 8 9 So that was just the heads-up. And I wrote back, "No worries bud, we are all good," because I 8 anyone else ever told you that they did anything to 9 deflate the footballs on that day after they were 10 obviously didn't think we had anything to do with 10 11 it. 11 12 Q. Now, when he wrote, "It's unrealistic you did A. Yes. Q. Has anyone in the Patriots organization, tested by the referees? 12 A. Absolutely not. Q. One last question, Mr. Brady. There's a policy at issue in this case that I will show you. 13 it yourself," did you have any knowledge that 13 14 Mr. Jastremski or Mr. McNally or anybody had done 14 MR. KESSLER: What exhibit is that, John? 15 anything to the balls? 15 MR. AMOONA: I believe it's 115. 16 MR. KESSLER: 115. While we are doing that, 16 17 A. No. Q. Did you understand him to be saying here 17 I'm just going to note for the Commissioner that 18 that, well, I did it, but you could have done it? 18 Exhibit 95 is the Competition Committee report in 19 Did you view it as a confession by Mr. Jastremski? 19 2006, which discusses the change and the reason for 20 Is that your understanding of the text? 20 it. 21 22 A. No. Q. What did you understand he was saying here 21 And you will find it has nothing to do with 22 ball inflation or psi or anything like that. It's a 23 when he said, "It's unrealistic you did it 23 full Competition Committee report that's in the 24 yourself"? 24 record. 25 A. That he knows, he knows, "It's unrealistic 06/25/2015 03:43:11 PM 25 Page 94 to 97 of 457 I assume, Dan, we agree all exhibits are in 28 of 172 sheets DIRECT/BRADY/KESSLER Page 98 1 CROSS/BRADY/REISNERPage 100 evidence? 2 MR. NASH: Yes. Let me -- we will check. We 1 (Recess taken 11:23 a.m. to 11:38 a.m.) 2 MR. LEVY: Any questions for the witness from 3 will get back to you on that, but I think that's 3 4 right. 4 5 this side of the room? MR. REISNER: I think we will be asking some 5 questions. 6 But I'm assuming all exhibits offered by both 6 CROSS-EXAMINATION BY 7 parties would be in evidence. 7 MR. REISNER: 8 MR. KESSLER: That is our normal practice. Q. 115, if you could look at Exhibit 115. This 8 Q. Good morning, Mr. Brady. A. Good morning. Q. Mr. Brady, did you hear Mr. Kessler say in 9 is a very thick exhibit. I think we will be able to 9 10 deal with this quickly. But look first at the cover 10 11 of it so you can see what the cover of it is. 11 his opening statement with respect to text messages 12 12 that you have produced exactly what Ted Wells asked 13 policy? I think the title is "Policy Manual For 13 for? Did you hear that? 14 Member Clubs." 14 15 16 Do you recall ever being given a copy of this A. No. Q. Okay. Now, if you turn to the section on 15 A. Yes. Q. And you know that one of the things that the 16 Paul, Weiss investigative team asked for was copies 17 "Competitive Integrity." I think that is, it's 17 of all text messages that you sent or received that 18 like, if you look in the index, you will see that 18 referred to ball deflation and ball inflation and 19 is -- I don't have a copy in front of me. 19 other topics identified as relevant, right? 20 21 22 23 24 25 21 A. Not sure what you are asking. Q. You knew that one of the things that the 22 Paul, Weiss investigative team asked for was any 23 text messages that referred to ball inflation and 24 ball deflation, right? 20 MR. KESSLER: What is it, John, for the record? MR. AMOONA: A2. Q. Do you recall ever getting a copy of this Competitive Integrity Policy? A. No. 25 A. I'm not sure I was aware of exactly what was DIRECT/BRADY/KESSLER Page 99 1 CROSS/BRADY/REISNERPage 101 Q. You will see at the top it's directed -- who 1 asked for other than what -- Q. Did you know that one of the requests was for 2 does it say it's directed to? Do you see at the 2 3 very top? Who is listed? 3 all text messages that related to ball inflation and 4 ball deflation? 4 Here, I got it now. If you look at it, you A. I don't remember. Q. And do you know whether any search was done 5 will see at the very top, it says, "The following 5 6 updated memorandum was sent on February 11, 2014, to 6 7 chief executives, club presidents, general managers 7 of text messages referring to ball inflation or ball 8 and head coaches from Commissioner Goodell regarding 8 deflation? 9 the Policy on Integrity in Game and Enforcement and 9 10 11 12 13 14 15 16 10 Competitive Rules." 11 Do you see that? A. Yes. Q. To your knowledge, was it ever sent to you as a player? A. Not that I can remember. MR. KESSLER: I have no further questions. 12 that Steve had, I guess, hired to examine some phones that I had. 15 Q. So there was a forensic team that was hired 16 to examine the text messages on phones that were provided to that forensic team, correct? But if the Commissioner has any additional questions 17 or Mr. Levy, even before the NFL or at any time, we 18 19 are certainly willing to answer anything the 19 20 Commissioner would like to know. 20 22 23 24 25 A. Well, there was a forensics -- forensics team 14 18 COMMISSIONER GOODELL: Should we take a text messages as far as you know. 13 17 21 A. Yes. Q. Tell us what search was conducted for those 21 A. Q. A. Q. Yes. And those were phones that you used, correct? Yes. I want to direct your attention to what's in 22 evidence as NFLPA Exhibit 6, which is the THE WITNESS: Sure. 23 Supplemental Declaration of Brad Maryman. Do you COMMISSIONER GOODELL: Why don't we take a 24 have that document in front of you? break? Are you okay? You want to take a break? quick break, ten minutes. 29 of 172 sheets 25 A. Yes. Page 98 to 101 of 457 06/25/2015 03:43:11 PM CROSS/BRADY/REISNER Page 102 1 2 3 4 CROSS/BRADY/REISNERPage 104 Q. And is Brad Maryman the forensic expert that was engaged to review the telephones? 1 2 A. Yes. Q. And you see there is a reference in 3 4 5 paragraph 1 to, "Two mobile phone devices used by 5 6 Mr. Thomas Brady, Jr.," correct? 6 7 8 9 10 11 A. Yes. Q. And that refers to the mobile phone devices that you provided for his review, correct? A. Yes. Q. And directing your attention to paragraph 4 7 all the way up to March 5, 2015, correct? A. Yes. Q. Do you know how many text messages you sent and received during that gap period? A. I don't. MR. REISNER: I'm going to ask that NFLPA Exhibit 1 be placed before Mr. Brady. 8 Q. These are phone records that have been 9 produced by your counsel in connection with this 10 proceeding. And I want to direct your attention 11 specifically to the portion of this exhibit with the 12 of the document, it refers to the first phone and 12 Bates Stamp Numbers NFLPA Brady 00067 through NFL 13 says that, "It's dates of active use were from 13 Brady 00206. 14 March 6, 2015 through April 8, 2015." 14 Do you see that? 15 16 A. Yes. Q. And directing your attention to the next And you will see that this document includes 15 99 pages of text phone records between November 6, 16 2014 and March 5, 2015 that list approximately 9,900 17 text messages that were sent or received during that 18 paragraph which refers to the second phone review, 18 period. 19 it says that, "The dates of active use were from 19 20 March 23, 2014 or May 23, 2014 through November 5, 20 that was active during this period was not provided 21 2014," correct? 21 to your forensic expert for review? 17 22 23 24 25 A. Yes. Q. And those were the only two phones that were provided to the forensic expert, correct? 22 23 24 A. Yes. 25 So my question is: Do you know why a phone A. Q. A. Q. We didn't have it. Do you know where that phone is now? No idea. Are you certain that you disposed of that CROSS/BRADY/REISNER Page 103 1 CROSS/BRADY/REISNERPage 105 Q. And do you see that there is a gap from 1 2 November 6, 2014 to March 5, 2015, in the phones 2 3 provided to and received by and reviewed by the 3 4 forensic consultant? 4 phone? A. I gave it to my assistant. Q. Do you know when you provided it to your assistant? 5 6 A. Yes. Q. And did you use a cell phone to make calls 6 A. I have no idea. Q. And when you provided it to your assistant, 7 and send and receive text messages during this gap 7 did you provide it to your assistant for the purpose 8 period of November 6, 2014, to March 5, 2015? 8 of it being disposed of? 5 9 10 A. Yes. Q. And that gap period of November 6, 2014 to 9 10 A. Yes. Q. Exhibit 96 submitted by the NFL refers -- 11 March 5, 2015, includes the day of the AFC 11 it's a letter from your agent, Donald Yee, to 12 Championship Game on January 18, 2015, correct? 12 Commissioner Goodell, dated June 18th. 13 A. Yes. Q. And that gap period also includes the period 13 14 15 immediately following the AFC Championship Game 15 16 after questions were raised about possible deflation 16 Q. And if you look at the first page of this 17 of footballs, correct? 17 letter down toward the bottom, the letter states, 18 referring to you, "His custom and practice is also 19 to destroy SIM cards when he gets a new phone and to 18 19 A. Yes. Q. And that gap period also includes a number of 14 MR. REISNER: Why don't we have that placed before Mr. Brady. THE WITNESS: Thank you. 20 months leading up to the AFC Championship Game, 20 destroy the actual device when he is done with the 21 correct? 21 phone." 22 A. Q. A. Q. Yes. 22 It includes almost all of November, right? 23 Yes. 24 23 24 25 All of December and January, all of February, 06/25/2015 03:43:11 PM 25 Do you see that? A. Yes. Q. And does that accurately reflect your practice? Page 102 to 105 of 457 30 of 172 sheets CROSS/BRADY/REISNER Page 106 1 2 A. Q. CROSS/BRADY/REISNERPage 108 Yes. 1 And you say you don't recall precisely when 2 3 you gave this phone to your assistant for 3 4 destruction, correct? 4 5 A. Q. A. Or that I had given to my assistant, whether he destroyed it or not. Q. That you gave to your assistant for the purposes of destruction, correct? A. Possibly. Q. Was that your purpose? Was that your plan Yes. 5 But if you were following your practice, you 6 7 would have done it around the time that you got a 7 when you provided the discarded phone to your 8 new phone, correct? 8 assistant, that your assistant would destroy the 9 phone? 6 9 10 A. Q. I'm not sure. 10 Well, the letter that you just said A. That was kind of the normal routine. Q. So that was your expectation when you 11 accurately describes your practice says you destroy 11 12 SIM cards when you get a new phone and "to destroy 12 provided that phone to your assistant that the phone 13 the actual device when he is done with the phone," 13 would be, in fact, destroyed, correct? 14 right? 14 15 16 A. Q. A. Yes. Q. And if you were following your ordinary My assistant does that. 15 Right. So if your actual practice was being 16 practice, that would have been around the beginning 17 followed, the phone would have been destroyed, the 17 of the date of active use of the new phone that you 18 phone you were using would have been destroyed 18 were using, correct? 19 around the same time you started using another 19 20 phone, correct? 20 21 22 23 24 25 A. Q. Right. 21 in Mr. Yee's letter, that's what would have And directing your attention back to the 22 occurred, correct? Yeah. 24 A. Not sure. Q. Okay. At the interview on March 6th by The date of active use of your new phone, 25 Mr. Wells and his team, were you asked questions 23 Declaration of Mr. Maryman, NFLPA Exhibit 6. A. Q. A. Possibly. Q. If you were following the practice described CROSS/BRADY/REISNER Page 107 CROSS/BRADY/REISNERPage 109 1 according to paragraph 4 of his declaration, was 1 2 March 6, 2015, correct? 2 3 4 5 6 7 8 9 10 A. Q. 3 Do you remember anything else that happened 4 was an outstanding request from the Paul, Weiss 5 investigative team for text messages? A. No. 6 Was March 6, 2015 the date that you were 7 electronic communications was an e-mail that Don had 8 sent me at some point that said there was a request 9 to turn over your phone. There's really no reason interviewed by Mr. Wells and his team? A. Q. A. Yes. Q. And at that time, were you aware that there Yes. on March 6, 2015? A. Q. about text messages that you sent and received? Possibly; I don't know. Was it? The only thing that I knew about phone and 10 to do that and we are not going to provide them 11 the date you were interviewed by Mr. Wells and his 11 that. And that's the last I thought of providing my 12 team, you have no reason to doubt that, correct? 12 phone. 13 14 A. Q. If I represent to you that March 6, 2015 was Q. Were you aware on or about February 28, 2015 Right, correct. 13 And because your forensic expert didn't have 14 that a request had been made to you for text messages? 15 access to the phone that was being used during what 15 16 I'm calling this gap period, he couldn't review the 16 17 text messages, the content of the text messages that 17 the e-mail from Don that said there's been a request 18 were sent and received during this gap period, 18 made, along those lines, but we are not going to 19 correct? 19 allow, you know, them to take your personal cell A. 20 phone. 20 I think we tried to provide him with 21 everything that we possibly could, you know, to that 21 22 point. If the phone was already taken out of 22 23 service, then it was -- 23 24 25 Q. You couldn't provide him with a phone that had been destroyed, correct? 31 of 172 sheets 24 25 A. I think the only thing that I remember was COMMISSIONER GOODELL: Was it around that time? THE WITNESS: I don't know; I'm not sure. I don't remember when I got that message or -- Q. Do you recall at your interview on March 6th Page 106 to 109 of 457 06/25/2015 03:43:11 PM CROSS/BRADY/REISNER Page 110 CROSS/BRADY/REISNERPage 112 1 by Mr. Wells and his team being told that the Paul, 1 8:33 p.m.," referring to text messages between you 2 Weiss team was seeking text messages? 2 and John Jastremski, correct? 3 4 A. I don't remember that. Q. Do you remember being told during that 3 4 A. Yes. Q. And that period of February 7 is in that gap 5 interview that Mr. Wells didn't care whether he got 5 period that the forensic examiner didn't have a 6 the actual phone or not and that he would rely on 6 telephone for, right? 7 your counsel to review the text messages and that 7 8 would satisfy his request for the text messages? Do 8 9 you recall hearing that discussion during the 9 10 March 6th interview? 11 12 13 been provided by your counsel in connection with 13 14 this proceeding, correct? 14 15 16 A. Yes. Q. Do you know whether the materials produced by 12 A. No. MR. KESSLER: Okay, I will have some questions on redirect. You don't want to know the content? your lawyers in connection with this hearing include 17 the content of any text messages? 18 A. I'm not sure. Q. So if I represented to you that the materials Q. So you haven't been able to produce the content of those text messages, right? 16 18 20 MR. KESSLER: Are you going to ask him? You can ask him. He's right here. 15 17 19 text messages were, right? 10 A. I don't remember that. Q. Mr. Kessler said that certain materials had 11 A. Right. Q. So we don't know what the content of those MR. LEVY: Jeffrey. MR. KESSLER: Sorry. 19 20 Q. And directing your attention to that gap 21 produced by your counsel in this proceeding don't 21 period again from November 6, 2014, through 22 include the content of any text messages, you have 22 March 5th of 2015, do you know whether anyone has 23 no reason to doubt that, correct? 23 reviewed those messages to determine whether there 24 were any messages referring to the deflation of 25 footballs or other topics that are responsive to the 24 25 A. Correct. Q. And are you aware if the phone records CROSS/BRADY/REISNER Page 111 CROSS/BRADY/REISNERPage 113 1 produced by your counsel show that, on February 7, 1 2 2015, you and John Jastremski exchanged three text 2 3 messages? 3 A. If someone reviewed those? Q. Do you know whether anyone has been able to 4 review those messages to determine whether there are 5 any messages referring to the deflation of footballs 4 5 A. I'm not sure; I don't remember. Q. Let's look back at NFL Exhibit 96, the letter Paul, Weiss requests? 6 from Mr. Yee to Commissioner Goodell. And I'm 6 or other topics responsive to the Paul, Weiss 7 directing your attention to page 3 of the letter in 7 requests? 8 the middle of the page. 8 After Number 2, Jastremski, toward the end of 9 9 A. No. Q. Now, I want to ask you some questions about 10 that paragraph, it says, "The phone bills also show 10 your knowledge of the NFL rule with respect to the 11 three text message exchanges on February 7, 2015 11 inflation level of footballs. 12 between 8:21 p.m. and 8:33 p.m. These occurred 12 13 after the Super Bowl and were not mentioned or 13 A. Yes. Q. You are presently aware that the NFL rules 14 referenced in the Wells report." 14 require that footballs be inflated to between 12.5 Do you see that? 15 and 13.5 pounds, correct? What page are you on? 16 Page 3 of the letter. 17 Yeah. 18 Number 2 is Jastremski? 19 MR. KESSLER: Two in the bottom half, Tom. 20 the League in 2000 through the beginning of the 2014 21 season, you were unaware that the NFL rule was that 22 balls should be inflated to between 12.5 and 23 13.5 pounds per square inch? 15 16 17 18 19 20 21 22 23 A. Q. A. Q. Q. Two in the bottom half. A. Yes. Q. It says toward the end of that paragraph, 24 "The phone bills also show three text message 24 25 exchanges on February 7, 2015 between 8:21 p.m. and 25 06/25/2015 03:43:11 PM A. Q. A. Q. Yes. And when did you become aware of that? After the Jets game. So during the period from when you entered A. I think so. Q. And in 2006, you were involved in efforts to Page 110 to 113 of 457 32 of 172 sheets CROSS/BRADY/REISNER Page 114 1 CROSS/BRADY/REISNERPage 116 1 pick some number that we were ultimately going to 2 set them to, so I said why don't we just set them 3 A. Yes. Q. Around the time that you were involved in 3 all to 12.5 and that was it. 4 efforts to change the rules around the ball usage, 4 5 did you read the NFL rules regarding the ball? 5 footballs inflated to a pressure level at the low 6 end of the range? 2 6 7 change the rules regarding ball usage, correct? A. No, at least I don't remember reading it. Q. Now, you have said publically that you like 7 Q. Is it fair to say that you prefer the A. Like I said, I never have thought about the 8 footballs to be inflated at a level of 12.5 psi, 8 ball, the air pressure in a football. The only time 9 correct? 9 I have ever thought about the air pressure in a 10 11 12 13 14 15 16 A. I said that after the championship game. Q. And so, how long have you known that 12.5 is football was after the Jets game when they were at 11 the level of 16. 12 your preferred level of inflation? A. After the Jets game. Q. And how did you come to learn that 12.5 is your preferred level of inflation? A. 10 We basically just picked a number at that So whenever I went to pick the game balls, I 13 never once in 15 years ever asked what the ball 14 pressure was set at until after the Jet game. So 15 whether it's 12.5 or 12.6 or 12.7 or 12.8 or 12.9 or 16 13, all the way up to the Colts game, I still think 17 point, I guess, historically, we had always set the 17 it's inconsequential to what the actual feel of a 18 pressure at -- before John Jastremski took over, it 18 grip of a football would be. 19 had been historically set at, like, 12.7 or 12.8. 19 20 That's what I learned after the fact. And I So the fact that there could be a ball that's 20 set at 12.5 that I would disapprove of, there could 21 think based on that Jets game, I said why don't we 21 be a ball that's 13 that I could approve of. It all 22 just set them at 12.5, bring this letter to the ref 22 is depending on how the ball feels in my hand on 23 and I didn't think about it after that. 23 that particular day. 24 Q. You say you "just picked the number." Did 24 So I don't think my liking to a football 25 you pick that number 12.5 for any particular reason? 25 could be a very psychological thing. I just want to CROSS/BRADY/REISNER Page 115 1 A. CROSS/BRADY/REISNERPage 117 1 know that there is consistency in what I'm playing 2 haven't even thought about that. I think at the end 2 with. 3 of the day, the only time I thought about it was 3 4 after the Jet game and then after this was brought 4 5 up, after the championship game. It's never 5 6 something that has been on my radar, registered. I 6 7 never said "psi." I don't think I even know what 7 8 that meant until after the championship game. It 8 THE WITNESS: Yeah. 9 was never something that even crossed my mind. 9 COMMISSIONER GOODELL: Was it 12.7 or 12.8? 10 Q. How did you come to pick 12.5 as the number? A. We looked in the rule book. Q. How did you come to pick 12.5 as the number 10 11 12 13 14 Ball pressure has been so inconsequential, I THE WITNESS: Right. COMMISSIONER GOODELL: -- he had set the equipment, the ball guy who prepared the balls? THE WITNESS: Yes. I think that's what they 11 set them to; I don't know. That's what I learned 12 three weeks ago at Mr. Wells' hearing. 13 for your preferred pressure level for the footballs? A. COMMISSIONER GOODELL: You mentioned before John -- I don't know how we exactly did it. I don't 14 COMMISSIONER GOODELL: And so you were not aware of that at the time? 15 remember how we came to that other than the 15 THE WITNESS: No. 16 experience that I had in the Jet game when they were 16 COMMISSIONER GOODELL: You became aware of 17 grossly overinflated and then they showed me the 17 18 rule book or the copy of the page in the rule book. 18 19 And I said, why don't we just set them here, 12.5, 19 didn't know historically what we had set them at 20 and not think about it ever again. 20 until before I think I met with Mr. Wells, and I 21 think John had told Mr. Goldberg. 21 22 23 Q. Did you pick 12.5 because it was toward the lower end or the lower end of the permissible range? A. I'm not sure why I picked it in particular, that after the Jet game? THE WITNESS: After the Jet game, yeah. I 22 23 COMMISSIONER GOODELL: But after the Jet game, you said you wanted it down to 12.5? 24 other than having to put some -- I think John said 24 THE WITNESS: Right, right. 25 he did either 12.5 or 12.6. You know, we had to 25 COMMISSIONER GOODELL: So you made that 33 of 172 sheets Page 114 to 117 of 457 06/25/2015 03:43:11 PM CROSS/BRADY/REISNER Page 118 CROSS/BRADY/REISNERPage 120 A. 1 determination after the Jet game, but before you met 1 2 with Ted Wells? 2 think that speaks to how I feel about the ball. I THE WITNESS: Yes. 3 know, for example, John Hillebrand, the guy who So there came a time that you decided your 4 previously broke in the balls, when he would 3 4 5 6 7 Q. 5 condition a ball, sometimes he would put them in the Yes, after the Jet game. 6 sauna because he felt that would get the moisten in And the reason that 12.5 was your preferred 7 the ball. preferred pressure level was 12.5, correct? A. Q. I don't remember exactly what I said. But I 8 pressure level was because you like the balls 8 And when the ball would come to the sauna, 9 inflated at the low end of the permissible range; is 9 the ball would probably be grossly overinflated. So 10 10 however, you know, that experience of a really round I'm not sure what you are asking. 11 football, until it came back to room temperature or You didn't just pick 12.5 randomly, correct? 12 whatever, ultimately I liked a ball that I could, No, we picked 12.5 because that was -- I 13 you know, grip really loosely. 14 don't know why we picked 12.5. We could have picked 14 15 12.6. I don't even remember it being a part of that 15 is I don't even squeeze a football. I think that's 16 conversation; I really don't. I don't remember 16 something that's really important to know is I grip 17 exactly how we set it other than I had this 17 the ball as loosely as possible. I don't even 18 experience at the Jet game where the balls were at 18 squeeze the ball and I think that's why it's 19 16. 11 12 13 that fair? A. Q. A. And just to, I think the irony of everything 19 impossible for me to probably tell the difference 20 I didn't like that. That's the first time I 20 between what 12.5 and 12.7 or 12.9 and 13 because 21 ever complained. So when I say 12 and a half and 13 21 I'm just gripping it like a golf club. 22 and a half, I think I made the determination let's 22 I've tried to explain it. It's like a golf 23 just set them at 12 and a half. 23 club. You don't squeeze the golf club. You handle 24 it very gently. And that's the same way I hold a 25 football. 24 25 Q. Did there come a time that you were aware that Patriots personnel were asking to instruct the CROSS/BRADY/REISNER Page 119 1 2 CROSS/BRADY/REISNERPage 121 1 referees to set the balls at 12.5? A. Q. And a few years before the AFC Championship After the Jet game, yes. When I told Dave 2 Game in January of 2015, you had made public 3 Schoenfeld and probably John, also, to bring that 3 statements to the fact that you like a deflated 4 highlighted sheet of paper to say, just so they knew 4 ball, correct? 5 that -- like I said, I didn't know what the 5 6 protocols were for the referees. A. I think that was in context to a joke about 6 Rob Gostkowski spiking the football and how I felt 7 So I didn't want to -- I want the referee 7 sorry for the football. And that's all I remember. 8 just to say, well, let's just inflate this to what I 8 9 like them inflated to which, I don't know, the 9 Q. And you said you like a deflated ball, correct? A. 10 referee may say, well, I like them set at 13 or 13 10 11 and a half. I just wanted the referee to know that 11 context of what this hearing is all about, and 12 this is what it said in the rule book. This is 12 certainly never below a permissible range. 13 Tom's preference going forward. 14 15 16 Q. A. Q. Yeah, but I didn't think it was in the 13 Q. In any event, you knew that Patriots And your preference was 12.5, correct? 14 personnel were going to tell the refs to set the After the Jet game. 15 balls at 12.5, correct? And that wasn't chosen randomly, but it was 16 17 chosen because you preferred that inflation level, 17 18 fair? 18 19 A. 19 I never thought about the inflation level, A. After the Jet game. Q. At some point, you knew that was the instruction, correct? A. Yes, after the Jet game. Q. And did you know who on behalf of the 20 Lorin. I never in the history of my career, I never 20 21 thought about the inflation level of a ball. 21 Patriots was going to provide that instruction to 22 the referees? 22 Q. You had made public statements in 2009, 2010 23 observing that some quarterbacks like the balls 23 24 heavily inflated and other quarterbacks like the 24 25 ball less inflated, hadn't you? 06/25/2015 03:43:11 PM 25 A. No. Q. Did you know that the referees checked the air pressure of the ball in the officials' locker Page 118 to 121 of 457 34 of 172 sheets CROSS/BRADY/REISNER Page 122 1 room? 2 A. 3 were. CROSS/BRADY/REISNERPage 124 I had no idea what the referees' processes 1 Mr. McNally has said that he had been personally 2 told by you of your inflation level preference 3 during the 2014 season? Did you see that in the 4 Q. Did you know that the Patriots had an 4 report? 5 officials' locker room attendant on game days? 5 6 7 A. No. Q. And what was your understanding as to how the 6 A. I saw it and I don't ever remember that. Q. I know that Mr. Kessler asked you a number of 7 questions about telephone conversations you had with 8 referees would be informed that the preference was 8 John Jastremski after the AFC Championship Game. I 9 for the balls to be inflated at 12.5? 9 want to ask you just a couple more questions about 10 A. I never, you know, really thought about it 10 11 other than giving the, like I said, telling Dave to 11 12 show this to the referee whenever they meet with the 12 copy of the report in front of you when I ask you 13 referees. I know the coaches meet with the referees 13 these questions. Do you have a copy of the report 14 before the games. 14 in front of you? that. And I think it would be helpful if you had a A. I don't think so. Q. We have another one. 15 I know the referees come to the training room 15 16 from time to time. So whenever Dave would come in 16 17 contact with a referee or John, make sure they tell 17 THE WITNESS: Thank you. 18 them that this is what we wanted. 18 COMMISSIONER GOODELL: Are we done with all 19 COMMISSIONER GOODELL: Just so I'm clear, 19 20 this whatever you wanted to show them was the rule? 20 21 THE WITNESS: Was that photocopy of the rule 21 this other stuff? MR. KESSLER: I think what we used you can move away. Q. So I will ask you, Mr. Brady, to turn to 22 highlighted that the balls can be put between 12.5 22 23 and 13.5. So we put them at 12.5 and I didn't want 23 page 101 of the report. At the bottom of the page, 24 them to just arbitrarily add significant air to 24 you will see there's a Roman Numeral VI that says, 25 them. 25 "Communications following the AFC Championship Game" CROSS/BRADY/REISNER Page 123 1 CROSS/BRADY/REISNERPage 125 Q. And before the AFC Championship Game, you say 1 and there's a reference to January 19th, the day 2 you didn't know Jim McNally's name, but you knew who 2 after the AFC Championship Game. 3 he was, correct? 3 4 5 6 7 A. I knew his face. Q. And did you know what his responsibilities were? A. He worked in the equipment room and that's a It says, "Jastremski and Brady spoke to each 4 other on the telephone four times on January 19th 5 for a total of 25 minutes and two seconds. They 6 also exchanged a total of 12 messages." 7 8 lot of the game-day employees that work, that come 8 9 in for, you know, game days, there's a lot more 9 Do you have any reason to think that that's not accurate? A. No. Q. And do you know whether in the six months 10 people around the stadium when there's a game than 10 11 obviously when there's a normal day of the week, 11 prior to January 19, 2015, you had ever communicated 12 practice. 12 with John Jastremski by text? 13 Q. What was your understanding, if any, 13 A. I'm not sure. Q. And do you know whether in the six months 14 regarding his responsibilities to bring the balls to 14 15 the ref before the game? 15 prior to January 19, 2015, you had ever communicated 16 with John Jastremski by telephone? 16 17 A. I wasn't sure. Q. And did you see in the investigative report, 17 A. Yes. Q. How many times? A. I think once or twice. 18 the Paul, Weiss investigative report that 18 19 Mr. Jastremski has stated that you knew Mr. McNally 19 20 and his role as an officials' locker room attendant? 20 21 Did you see that in the report? 21 once or twice in the six months prior to the Yes. 22 Championship Game? And do you think that's inaccurate? 23 Yes. 24 And did you read in the report that 25 22 23 24 25 A. Q. A. Q. 35 of 172 sheets COMMISSIONER GOODELL: Just so I am clear, THE WITNESS: Yes. Q. If you turn to page 102, there is a reference a text message sent by John Jastremski to you on Page 122 to 125 of 457 06/25/2015 03:43:11 PM CROSS/BRADY/REISNER Page 126 CROSS/BRADY/REISNERPage 128 1 January 19th at 7:25 in the morning. It says, "Call 1 2 me when you get a second." 2 whether he had ever been in the quarterback room 3 with you before? 3 And the report says underneath that, "Brady COMMISSIONER GOODELL: Can I ask, Tom, 4 called Jastremski less than one minute later and 4 5 they spoke for 13 minutes and four seconds." 5 lot of renovations done to the stadium. I don't 6 know if he was in the old quarterback room. But I 7 would say the quarterback room is in, like, the 8 hallway. I mean, you probably walk by this room 50 9 times a day. It's, like, right on Main Street. 6 7 8 9 10 11 12 Do you see that? A. Yes. Q. And do you have any reason to believe that's inaccurate? A. No. Q. Do you recall what you discussed during that 13 minutes and four seconds with John Jastremski? 13 A. 14 about. I don't remember exactly what we talked 10 THE WITNESS: I don't remember. There was a Q. But if Mr. Jastremski says that is the first 11 time he was ever in the quarterback room, you have 12 no reason to doubt that, correct? 13 14 A. No. Q. And do you recall what the two of you 15 Q. So let me ask you to turn to page 104 of the 15 16 report. Under number 3, it says, "Approximately two 16 17 and a half hours after they first spoke on the 17 I said, I was watching a lot of film on the Seattle 18 morning of January 19th, Brady followed up with 18 stuff. The computers weren't ready to bring home, 19 Jastremski by text messages." 19 so I decided to stay at the office. And I was 20 Do you see that? 20 thinking about the Super Bowl and figured I would 21 text him to say, Come see me here rather than, like 22 A. Yes. Q. And do you have any reason to question the 22 I said, me to go track him down at that time of the 23 timing of the text messages referred there, the text 23 day. 24 starting at 9:51 in the morning? 24 21 25 A. 25 No. discussed in the quarterback room? A. I don't remember. I was getting ready, like Q. Incidentally, if that was Mr. Jastremski's first time in the quarterback room, about how many CROSS/BRADY/REISNER Page 127 1 CROSS/BRADY/REISNERPage 129 Q. Let me ask you to turn the page, look at 1 years had he been with the Patriots up to that 2 page 105. At the top of the page, Mr. Kessler 2 point, if you know? 3 already asked you about those January 19th text 3 4 messages. And then the next box down lower is the 4 5 text exchange where you asked John Jastremski to, 5 A. 12. Q. Let me ask you to turn the page. A. Can I say something else? There was a lot of 6 "Come to the QB room." 6 renovation done to our stadium in the last year. So 7 Do you see that? 7 that particular quarterback room has been around for 8 one year. We moved in at the start of last season. 9 So, anyway -- 8 9 A. Yes. Q. And when Mr. Jastremski came to the Q. Directing your attention to page 106 of the 10 quarterback room, did you have a discussion with 10 11 him? 11 report. Under the heading number 4 that says, 12 A. Q. A. Q. Yes. 12 "Jastremski speaks again with both McNally and And about how long did that discussion last? 13 Brady," there's a reference at the bottom of that I don't remember; probably pretty brief. 14 page and it says, "At 5:21, Brady sent Jastremski To your knowledge, had Mr. Jastremski ever 15 the following text message." 13 14 15 16 17 18 19 20 21 22 16 been in the quarterback room before? A. I have no idea. Q. Do you ever recall him being in the 17 5:21, a text messages that says, from you to John 18 Jastremski, "If you get a sec, give me a call." 19 quarterback room before? A. And this is still on January 19, 2015 at I don't remember. I'm not -- I don't know 20 where he has been or where he's not been. 21 Q. If he says that's the first time he's ever Do you see that? A. Yes. Q. And if you turn the page to 107, it says, 22 "Jastremski called Brady 11 seconds later. And over 23 been in the quarterback room, you have no basis to 23 the course of three calls, they were on the 24 dispute that, do you? 24 telephone for 11 minutes and 58 seconds." 25 THE WITNESS: No. 06/25/2015 03:43:11 PM 25 Page 126 to 129 of 457 Do you see that? 36 of 172 sheets CROSS/BRADY/REISNER Page 130 1 2 A. Q. CROSS/BRADY/REISNER Page 132 Yes. 1 And the third entry of those three block 2 you recall what you discussed with John Jastremski during that six-minute-and-21-second call? And this is the morning of January 20th. Do 3 messages is, "Telephone call," again, on 3 4 January 19th, at 5:30 between you and John 4 A. 5 Jastremski that lasted 11 minutes and one second. 6 7 8 9 10 11 A. Q. 5 about. Do you see that? 6 Q. Yes. 7 "At 5:13 on January 20th, Brady again checked in And do you recall what you and John 8 with Jastremski by text messages." 9 Jastremski discussed during that 11-minutes-and-one-second telephone call? A. I don't remember exactly what we talked I don't remember exactly what we discussed. And down lower on the page at 1:08, it says, And it refers to a text messages sent by you 10 to John Jastremski at 5:13 on January 20th that 11 says, "You doing good?" 12 But like I said, there was two things that were 12 13 happening. One was the allegations which we were 13 A. Yes. 14 facing and the second was getting ready for the 14 Q. Do you have any reason to doubt the timing of 15 Super Bowl, which both of those have never happened 15 16 before. So me talking to him about those things 16 17 that were unprecedented, you know, he was the person 17 18 that I would be communicating with. 18 top of the page, it says, "Jastremski called Brady 19 Q. Do you see that? that text message? A. No. Q. And if you turn the page to page 109, at the 19 less than 15 minutes later and they spoke for three 20 there's a reference to, "Later that evening, McNally 20 minutes and 34 seconds." 21 called Jastremski twice and they spoke for 21 22 13 minutes and 34 seconds." 22 23 And you see down a little lower on page 107 23 And there are references to two different Do you recall what you discussed with John Jastremski during that referenced phone call? A. I don't remember exactly what we talked 24 telephone conversations between McNally and 24 about, but like I said, this was an unprecedented 25 Jastremski at 7:30 and then again at 10:26, the 25 time for myself and for John going to the Super CROSS/BRADY/REISNER Page 131 CROSS/BRADY/REISNER Page 133 1 first call lasting eight minutes and 24 seconds, the 1 Bowl. I also told you that there were, I would say 2 next call lasting five minutes and 10 seconds. 2 during the football season, I'm basically at the 3 football stadium every day. 3 Did Mr. Jastremski tell you during any of 4 your telephone conversations that he was 4 5 simultaneously in contact or close to simultaneously 5 days that we had off, so if I did need to 6 in contact with Mr. McNally? 7 8 A. Q. On this particular week, there was a couple 6 communicate with John about the footballs, I would No. 7 do it from home and I wouldn't be at the stadium. Turn the page to page 108. This is the next 8 So it would be hard to do. But typically during the 9 day, January 20, 2015. The report says, "Jastremski 9 season, I'm at the stadium every day. 10 and Brady spoke to each other twice by telephone on 10 11 January 20, 2015 for a total of nine minutes and 11 12 55 seconds." 12 13 14 15 16 17 18 A. Q. THE WITNESS: I think the day after the game, Do you see that? 13 we went in and then I think we had two days after Yes. 14 that. So the Tuesday, Wednesday we were off. And I And do you have any reason to doubt the 15 think we practiced Thursday, Friday, Saturday. 16 timing described in the report there? A. Q. COMMISSIONER GOODELL: So you weren't in the office or at the stadium on the 19th or 20th? No. 17 And there's a text in the middle of the page 18 COMMISSIONER GOODELL: And you wouldn't have gone in? THE WITNESS: I don't think I went in. I 19 from John Jastremski to you at 7:24 in the morning. 19 think I just stayed at home and worked those two 20 It says, "Call me when you get a second." 21 22 23 A. Q. 20 days. Do you see that? 21 Q. Yes. 22 page 109, there's a block referring to a text And the report says underneath, "Brady called 23 message at 7:27 in the morning on January 21st from you to John Jastremski. 24 Jastremski within the hour and they spoke for six 24 25 minutes and 21 seconds." 25 37 of 172 sheets Page 130 to 133 of 457 And directing your attention to the bottom of It says, "Hey, bud, give me a call when you 06/25/2015 03:43:11 PM CROSS/BRADY/REISNER Page 134 1 CROSS/BRADY/REISNERPage 136 1 get a sec." 2 report, you are asking? 2 And the report states underneath that, "For MR. REISNER: No. Q. The text messages referring to "inflation," 3 the third straight morning, Jastremski and Brady 3 4 spoke by phone, this time for 13 minutes and 47 4 "deflation," "needles," "cash," "the deflator," 5 seconds starting at 7:38 a.m. They spoke again for 5 "haven't gone to ESPN yet," none of that concerned 6 seven minutes and five seconds at 11:45:16 a.m." 6 you? 7 8 9 10 11 12 13 14 7 Do you see that? A. Yes. Q. Do you have any reason to doubt the timing of the phone calls referenced in the report? A. No. Q. Do you recall the substance of either of MR. KESSLER: I have an objection. It's not 8 established this witness ever saw those until he 9 read the Wells report. 10 THE WITNESS: Correct. 11 MR. KESSLER: I want to know what he's asking 12 him. 13 those two telephone calls referenced in the report? A. I don't remember exactly what we talked COMMISSIONER GOODELL: I think he asked him 14 when he read the report, did he have a concern, I think is what I heard. 15 about, but like I said, there were two things 15 16 happening simultaneously and I really wanted John 16 17 focused other than what he needed to get 17 18 accomplished with the footballs, so I was trying to 18 19 make sure that he was good and that, you know, he 19 COMMISSIONER GOODELL: In the Wells report? 20 felt responsible for, you know, the attacks. 20 MR. REISNER: In the Wells report. 21 And I was trying to make sure that he was 21 22 composed so that he could do his job over the course 22 23 of the next two weeks. 23 24 25 Q. Have you seen the text messages referenced in 24 25 the report sent between Jim McNally and John MR. REISNER: Yes. Q. When you saw those text messages? A. Yes. A. Yes. Q. Did they raise any concerns for you? A. About what? About that I was involved? Is that what I was concerned about? Q. Any concerns at all. Did they raise concerns CROSS/BRADY/REISNER Page 135 CROSS/BRADY/REISNERPage 137 1 Jastremski referring to inflating footballs, 1 2 deflating footballs, "The only thing deflating 2 3 Sunday is his passer rating"? 3 want to interpret them. Me, personally, John said 4 he didn't do it. I believe John. I never 5 authorized anybody to do it. 4 5 6 Have you seen those text messages? A. In the report, yes. Q. And have you seen the text message referenced that something improper was happening? A. I think that you can interpret however you 6 I never talked about doing it, so I don't 7 in the report in which Jim McNally before the 7 know what else I can say. I'm on the field playing. 8 2014/2015 season, he refers to himself as "the 8 He said he didn't do it. I believed him. I can't 9 deflator" and says he "hasn't gone to ESPN yet"? 9 speculate to something that I was never there for 10 11 12 13 14 10 Have you seen that one? A. Yes. Q. And when you saw those text messages in the report, did they give you any concern? A. I'm not really sure what the context of those that I never saw that I never talked about. 11 12 COMMISSIONER GOODELL: So you asked him if he had done it? 13 THE WITNESS: Yes. 14 COMMISSIONER GOODELL: And he said no? 15 text messages were between those two guys, so it's 15 THE WITNESS: Yes, he said he didn't do it. 16 hard for me to speculate on what they talked about, 16 COMMISSIONER GOODELL: Did you ask him if he 17 the kind of language they use with one another. So 17 18 obviously, those text messages didn't involve me. 18 19 I didn't know the spirit of their knew anybody else that had done it? THE WITNESS: No, because I obviously didn't 19 know that there was a -- that Mr. McNally -- I 20 relationship, so I think it was kind of unfair for 20 didn't know what his responsibilities were at the 21 me to speculate that they did something wrong when 21 time. So John said, "We didn't do anything." 22 they told me they didn't do anything wrong. 22 23 24 25 Q. So it didn't raise any concerns for you at 23 24 all? MR. KESSLER: Wait. After he read the 06/25/2015 03:43:11 PM 25 Q. Just to be clear, when you saw the text messages that I just described -- A. Yes. Q. -- in the report, did they raise any concerns Page 134 to 137 of 457 38 of 172 sheets CROSS/BRADY/REISNER Page 138 REDIRECT/BRADY/KESSLER Page 140 1 to you at all that something improper had happened? 1 2 A. I said it's not right for me to speculate on 2 Q. Right. And you didn't have any relationship with Mr. McNally; is that fair? A. I mean, he worked in the equipment room. So 3 that. I don't feel like I was a part of those text 3 4 messages. So, and I don't know what the 4 you know, other than saying "hi" or, "Good to see 5 relationship of those two were. Those were not text 5 you" or something like that. 6 messages that I sent. I was not a part of those. I 6 7 was not privy to those until after the report came 7 8 out. I don't know what to -- 8 9 10 11 Q. Had you seen those text messages during the interview -- withdrawn. Let me start again. During your interview by the Paul, Weiss team 9 Q. Did you ever discuss footballs or deflation or psi or anything like that with Mr. McNally? A. No. Q. Okay. Now, then it talks about 10 Mr. Jastremski and that's what counsel asked you 11 about. And it says, "All of the text messages 12 on March 6th, you were shown copies of those text 12 identified in the Wells report between Brady and 13 messages, correct? 13 Jastremski show up on the phone records." 14 15 16 17 18 19 20 A. Yes. Q. And when you saw the copies of those text messages during your interview -- A. Yeah. Q. -- did they raise any concerns, in your mind, that something improper was happening? A. At the time, like I said, that was the first 14 And then it says, "The bills reflect an 15 additional text message from Jastremski to Brady at 16 the same time as the others reflected in the Wells 17 report." 18 19 show three text messages exchanged on February 7, 20 2015 between 8:21 and 8:33." 21 21 I saw them. So it wasn't in the context of the 22 report as it's framed. Like I said, it's hard for 22 23 me to speculate. Alls I can go by is what they told 23 24 me, so. 24 25 MR. REISNER: Could we have one moment. And then it says that, "The phone bills also 25 You see that? A. Yes. Q. And those are the ones that counsel asked you to identify, correct? A. Yes. REDIRECT/BRADY/KESSLER Page 139 1 2 REDIRECT/BRADY/KESSLER Page 141 1 Nothing further at this time. MR. KESSLER: I just have a very few Q. So I'm now going to ask you the question that 2 he didn't ask you. In that text message, do you 3 questions on redirect. 3 recall whether there was any discussion of deflation 4 REDIRECT EXAMINATION BY 4 or pressure or the Wells investigation or anything 5 MR. KESSLER: 5 else that you recall in those text messages? 6 7 8 9 Q. So you were shown a copy of the NFL 1639? MR. KESSLER: Give this back to the witness. Q. This was the letter from Mr. Yee in June that you asked about. And I'm going to direct your 6 7 A. Absolutely not. Q. Okay. For all the text messages you've ever 8 sent Mr. Jastremski, okay, including all the ones 9 that were identified on January 19th, January 20th, 10 attention to page 3 that you were asked about. It's 10 January 21st, did you ever discuss with him -- did 11 the second reference to Mr. Jastremski. This is 11 he ever tell you that he deflated any footballs? 12 talking about the text messages. 12 13 14 A. Yes. Q. And so, you will see that this says, "Result 13 14 15 of search for text messages during relevant time 15 16 period based on AT&T phone records." 16 17 18 19 20 21 22 23 24 25 Do you see that? A. Yes. Q. And the first one says, "McNally, there are no text messages between Brady and McNally." Does that recall with your recollection that you never texted Mr. McNally for anything? A. Correct. Q. In fact, you didn't know him? A. Correct, well just by face. 39 of 172 sheets A. No. Q. Did he ever tell you that anyone else ever deflated any footballs? A. Absolutely not. Q. Did you ever discuss with him any effort to 17 conceal any deflation of footballs from 18 investigators or anything else? 20 A. Absolutely not. Q. What was your main focus from after the AFC 21 Championship Game until the Super Bowl? What were 22 you mostly focused on? 19 23 24 25 A. The Super Bowl. Q. Okay. What did you want Mr. Jastremski to mostly be focused on? Page 138 to 141 of 457 06/25/2015 03:43:11 PM REDIRECT/BRADY/KESSLERPage 142 1 2 3 4 5 6 7 A. Q. A. Q. RECROSS/BRADY/REISNERPage 144 The Super Bowl. 1 Q. And did you discuss with him any concerns Did you tell him that? 2 that he might have about questions being raised on Absolutely. 3 that topic? Were you concerned that he might get 4 6 A. It's possible, yes. Q. What do you recall about that, if anything? A. Well, that they would be directed at him and 7 that he was the person that prepared the footballs 5 distracted by these other allegations being made? A. Absolutely. Q. Okay. And was that something you would have 8 discussed with him, he needs to focus on the Super 8 and like I said, the initial report was that none of 9 Bowl? 9 the Colts' balls were deflated, but the Patriots, 10 11 A. Absolutely. Q. Now, do you recall that during this period of 10 all the Patriots' balls were. So I think trying to figure out what happened 11 12 time, this two-week period of time, even 12 was certainly my concern and trying to figure out, 13 Coach Belichick was distracted by this and had a 13 you know, what could be -- possibly could have 14 news conference about ball deflation? 14 happened to those balls. 15 16 17 18 19 A. Yes. Q. Okay. How long have you known 15 Coach Belichick? A. 16 years. Q. Okay. When he is focused on the Super Bowl, Q. And Mr. Kessler asked you about one of the 16 e-mails that you exchanged during that time 17 period -- pardon me -- one of the text messages that 18 you exchanged during that time period. That's on 19 page 105. 20 does he usually get distracted by anything else 20 21 other than Super Bowl game preparation? 21 pardon me -- it's a text that John Jastremski sent 22 to you on January 19th at 10:54 in the morning, the 23 one that says, "FYI, Dave will be picking your brain 22 23 A. No. Q. Was it unusual for him to get up and have a The e-mail that John Jastremski sent -- 24 press conference about something else other than 24 later about it. He's not accusing me or anyone, 25 Super Bowl? 25 just trying to get to the bottom of it. He knows RECROSS/BRADY/REISNER Page 143 1 2 3 4 5 RECROSS/BRADY/REISNERPage 145 A. Yes. Q. Did Coach Belichick ever tell you that he 1 knew anything else about ball deflation? A. No. Q. Anyone else in the Patriots organization ever Schoenfeld had been tasked with the responsibility 4 to look into the ball deflation issues? 5 tell you that? 6 7 A. No. 7 9 8 MR. KESSLER: I don't have any further 9 questions. 10 MR. REISNER: I just have very briefly one or Around that time, were you aware that Dave 3 6 8 it's unrealistic you did it yourself." 2 10 11 two. 11 12 RECROSS-EXAMINATION BY 12 13 MR. REISNER: A. Q. A. Q. What do you mean? Were you aware that Dave Schoenfeld -Yeah. -- had been tasked the responsibility by somebody at the Patriots to look into the ball deflation issues? A. No. Q. And during the text exchanges referenced 13 there on January 19th, this was around the time that 14 Q. During the telephone calls that you had with 14 you were having telephone calls with John Jastremski 15 John Jastremski on January 19th and 20th and 21st 15 as well, correct? 16 that I asked you about, at that time, you knew that 16 17 questions had been raised about the inflation levels 17 A. Yes. Q. And you say that it is possible that you and 18 of the footballs used during the AFC Championship 18 John Jastremski were discussing the concerns that 19 Game, correct? 19 had been raised about ball deflation levels, right? 20 21 A. Yes. Q. And during these telephone calls with 20 22 Mr. Jastremski, did you discuss with him the fact 22 23 that questions had been raised about the inflation 23 24 levels of the footballs? 24 25 A. It's possible, yes. 06/25/2015 03:43:11 PM A. Yes. 21 25 MR. REISNER: Nothing further. MR. KESSLER: Nothing from me. Perhaps the Commissioner has some questions? COMMISSIONER GOODELL: I do have a couple. Can you go back to, I believe you said you changed Page 142 to 145 of 457 40 of 172 sheets RECROSS/BRADY/REISNER Page 146 RECROSS/BRADY/REISNERPage 148 1 the process prior to the Championship Game, the way 1 2 you prepared the balls? 2 picked the balls, that's ultimately the ones I want to be able to play with. THE WITNESS: Yeah. But once -- yes. Once I 3 THE WITNESS: Yes. 3 4 COMMISSIONER GOODELL: On Friday afternoon, 4 COMMISSIONER GOODELL: Okay, I am good. 5 5 MR. KESSLER: Anything else? 6 THE WITNESS: Yes. 6 COMMISSIONER GOODELL: Thank you, Tom. 7 COMMISSIONER GOODELL: -- you made that 7 8 essentially -- 8 change? 9 9 THE WITNESS: Yes. 10 Appreciate it. Thank you. MR. KESSLER: Should we take our lunch break now? 10 COMMISSIONER GOODELL: I think we should. 11 the -- did you ever walk through to observe the 11 MR. KESSLER: Let's keep it short, I guess. 12 stadium on Saturday? COMMISSIONER GOODELL: Did you guys go into 12 I assume you guys, we have food here, so let's say a 13 THE WITNESS: Yes. 13 half hour? 14 COMMISSIONER GOODELL: You did? 14 15 THE WITNESS: Yes. 15 16 COMMISSIONER GOODELL: Yes? 16 17 THE WITNESS: Yes. 17 MR. NASH: Whatever is your preference. 18 COMMISSIONER GOODELL: And did you guys 18 COMMISSIONER GOODELL: He's saying 19 communicate by phone on that change or was it at the 19 20 office? 20 21 22 23 COMMISSIONER GOODELL: Gregg can handle that. MR. LEVY: Yeah. How much time would you like? 30 minutes. MR. KESSLER: Let's try a half hour just so THE WITNESS: At the office. 21 COMMISSIONER GOODELL: It was all at the 22 MR. NASH: Who is your next witness? 23 MR. KESSLER: Well, we are going to move into office or the stadium? that we can make sure -- 24 THE WITNESS: Yes. 24 evidence, our declarations and then we are going to 25 COMMISSIONER GOODELL: And that process went 25 call the expert, Mr. Snyder. RECROSS/BRADY/REISNER Page 147 RECROSS/BRADY/REISNERPage 149 1 basically Friday, Saturday and then Sunday you 1 2 approved or didn't approve of the balls, 2 3 essentially? COMMISSIONER GOODELL: So let's come back at five minutes after 1:00. 3 (Recess taken 12:36 p.m. to 1:07 p.m.) 4 THE WITNESS: Yes. 4 MR. LEVY: We are back on the record. 5 COMMISSIONER GOODELL: Would the equipment 5 MR. KESSLER: So at this point, to the degree 6 managers do anything without your approval, 6 that it's required, we will move into evidence. The 7 essentially, that you are aware of with the 7 Declaration of Robert Kraft, which I think speaks 8 footballs, just specifically the footballs? 8 for itself. And we do urge you, Commissioner, to 9 THE WITNESS: I have -- 9 read that declaration. 10 COMMISSIONER GOODELL: I know it's a tough 10 Essentially, it's Mr. Kraft telling you about 11 question, but I'm trying to understand would they -- 11 his experience with Mr. Brady and what Mr. Brady has 12 you cared about the feel, they knew that from the 12 told him about this situation, which is essentially 13 process? 14 15 13 what he told you under oath today and how Mr. Kraft THE WITNESS: Yes. 14 values his honesty and integrity in this matter. COMMISSIONER GOODELL: So would they have 15 And so we move that declaration in. 16 done anything that was inconsistent with what you 16 17 wanted with the footballs? 17 declarations from Mr. Maryman, which are the 18 declarations that explain how the e-mail search was 18 THE WITNESS: I don't think so, and that's And then the second declaration is -- two 19 why I believe they didn't do anything, because I 19 done on Mr. Brady's computers, and no incriminating 20 know that, you know, how particular I am with the 20 files were found, although the search was done in 21 way that the ball feels. So I don't think that 21 exactly the way it was requested by Mr. Wells. And 22 anyone would tamper with the ball. 22 what was done forensically for the two telephones 23 that existed and, in addition, the telephone logs 23 COMMISSIONER GOODELL: So it would be done 24 consistent with the way you wanted balls, 24 which have been moved into evidence. So that now 25 essentially? 25 all should go before you. 41 of 172 sheets Page 146 to 149 of 457 06/25/2015 03:43:11 PM DIRECT/SNYDER/GREENSPANPage 150 1 2 DIRECT/SNYDER/GREENSPANPage 152 1 MR. LEVY: Hearing no objection, they will be 2 admitted into evidence. 3 and applied statistical analyses to them. And then after that, I worked with former 3 Assistant Attorney General of the U.S. Department of 4 pass the baton to Mr. Greenspan who is going to 4 Justice's Antitrust Division, Tom Kuiper. We did 5 present the testimony of Mr. Snyder. 5 three studies involving analysis of private 6 antitrust enforcement, also original data application of statistical analysis to those data. MR. KESSLER: Thank you. I'm now going to 6 MR. GREENSPAN: The NFLPA calls as its next 7 witness, Edward Snyder. 7 8 E D W A R D S N Y D E R, called as a witness, 8 9 having been first duly sworn by a Notary Public of 9 In terms of the industries, the other part of your question, I've studied virtually -- well, it's 10 the State of New York, was examined and testified as 10 a real wide range of industries, and in large part 11 follows: 11 through my consulting. 12 DIRECT EXAMINATION BY 12 Q. Let me ask you, have you taught classes 13 MR. GREENSPAN: 13 involving study of data, application of statistics? 14 Q. 15 record. 16 A. Q. A. 17 18 14 Would you state your full name for the Yes. One of the ones that is noteworthy is 15 when I was at Chicago, over a nine-year period I My name is Edward A. Snyder. 16 co-taught with Gary Becker, Nobel Prize winner in And your current position? 17 economics, and Kevin Murphy, Clark Medalist in I am Dean of the Yale School of Management. 18 economics. That's the award given to the top economist under 40. 19 I am also a professor of economics and management at 19 20 Yale. 20 21 Q. A. 22 A. Obviously I was -- I enjoyed teaching with And your position prior to your time at Yale? 21 those two luminaries. But the nature of that course I have been at Yale for four years, and prior 22 was what I call a project course. And we supervised 23 to that, the previous ten years, I was at University 23 teams of Master's students who went out and 24 of Chicago, where I was also Dean and I was the 24 collected data. 25 George Schultz Professor of Economics. 25 And over the course of that nine-year period, DIRECT/SNYDER/GREENSPANPage 151 1 2 3 Q. DIRECT/SNYDER/GREENSPANPage 153 And prior to the University of Chicago, where did you work? A. 1 we supervised about 100 Master's-level projects that 2 involved the collection of data and the application 3 of statistical analysis to data for the purpose of 4 School, and previously to that, I was at University 4 developing insights on public policy and business. 5 of Michigan Business School where I was Senior 5 6 Associate Dean. 6 7 8 9 Q. I was Dean at University of Virginia, Darden And what has been the focus of your teaching and your scholarship, Dean Snyder? A. Well, I'm an economist. And I have a 7 Q. Okay. How about work in litigation? Have you served as an expert witness previously? A. Yes. I left the antitrust division in 1985 8 and since then, so it's been about 30 years, I've 9 done about one major litigation a year. So it adds 10 specialty in what's called industrial organization. 10 11 And throughout my academic career, I've done a lot 11 Q. And through the course of those litigation, 12 of empirical work and with that empirical work, I 12 you mentioned consulting work; would you identify 13 study data, collect data and apply statistical 13 just sort of a broad brush overview of some specific 14 models and analyses to data. 14 industries in which you've examined data, dealt with 15 statistical analyses? 15 Q. Let me stop you and focus on your statistical up to about 30. A. 16 work, your statistical experience. And if you could 16 17 elaborate in terms of the type of work you've done, 17 pharmaceuticals. It's steel. It's paper, 18 type of industries you've covered. 18 publication paper. It's infant formula. It's the 19 LCD screens that we all use now. It's computer 19 A. Well, the type of work I did, to take the Sure. It's a wide range. It's 20 first part of this, it started when I did my Ph.D. 20 chips. It's stock exchanges. It's financial data. 21 thesis. I studied criminal antitrust enforcement 21 It's vitamins, virtually all these different slices 22 and I collected data on the change in criminal 22 of the economy. And each one of those engagements 23 penalties from the misdemeanor level to the felony 23 involves data. 24 level. These were original data. And I collected 24 25 all the -- all the enforcement data over two decades 25 06/25/2015 03:43:11 PM Q. Let's talk for a moment about your work as dean. You have been a business school dean for Page 150 to 153 of 457 42 of 172 sheets DIRECT/SNYDER/GREENSPANPage 154 DIRECT/SNYDER/GREENSPANPage 156 1 about 20 years. What do your responsibilities -- 1 doing this really just out of our own interest. And 2 what have your responsibilities as dean entailed? 2 then we got linked up to Analysis Group and they were doing some work independently. And I don't -- 3 A. As dean, I, of course, represent the 3 4 institution. I am responsible for the people and 4 5 programs. I view myself as sort of the person who 5 6 develops the strategy for the school and I'm 6 7 responsible for the finances of the school. And I 7 8 keep in mind the quality of the work that's done and 8 9 the integrity of the institution. 9 10 Q. You mentioned you have responsibility for the 10 11 people of the school. If you could speak more about 11 12 those responsibilities as dean. 12 13 A. Well, I'm an HR person, too. So the school 13 COMMISSIONER GOODELL: So you have worked together before? THE WITNESS: I have worked with Analysis Group and I have known Professor Moore for 35 years. Q. So these individuals, do they have experience in statistical work? A. Yes, it's a deep, deep bench in terms of expertise. Q. Was there anyone else that you consulted with in the course of this project? A. 14 connects with a lot of people. The ones who were 14 15 immediate to the community are the students and the 15 has a Master's Degree from Stanford. He's a former 16 faculty and the professional staff. 16 Exponent employee, worked there for decades. And 17 now he runs his own firm. 17 And, of course, people come and go, so 18 there's a question of who gets admitted, who gets 18 19 fired, who gets let go, who gets promoted, who gets 19 20 evaluated positively, who gets evaluated negatively. 20 21 In some cases there are disciplinary actions Yes. I consulted with Mr. Dirk Duffner. He Q. And this is Exhibit 196 we have up. What was the purpose of your consulting with Mr. Duffner? A. Let me just preface that by saying the 21 following: Exponent did both scientific analyses, 22 and all those things, I'm not involved in every 22 as well as statistical analyses. I was not hired or 23 decision, but I have to manage the processes 23 retained and my assignment doesn't deal with the 24 associated with those and in some cases, they do 24 science. I took my science as a given, their 25 come up to me. 25 scientific framework as a given. I focused on the DIRECT/SNYDER/GREENSPANPage 155 1 Q. DIRECT/SNYDER/GREENSPANPage 157 Thanks. 1 2 So turning to the matter at hand, what were 2 3 you asked to do? What was your assignment in this 3 statistics, and correcting for errors, and 4 matter? 4 evaluating alternative assumptions, however, I 5 A. 5 wanted to make sure that I wasn't doing anything wrong in terms of scientific principles. My assignment focuses on the work done by statistics. In the course of making adjustments to the 6 Exponent, the science firm brought in to evaluate 6 7 the question of potential deflation of the Patriots' 7 8 balls during the AFC Championship Game. 8 with Mr. Duffner to make sure that indeed what I was 9 doing was consistent with scientific principles. 9 10 11 Q. Okay. Did you have any help, anyone work 10 with you on this assignment? A. Yes. I had a team. Professor Michael Moore So out of an abundance of caution, I checked Q. How did you go about evaluating Exponent's 11 work? And by that, what I mean in general terms, what did you do? 12 from Northwestern University, a long-time colleague 12 13 of mine, Pierre Cremieux, Principal Manager at 13 14 Analysis Group, other members of the Analysis Group 14 what data they had collected, how they had organized 15 people, Dr. Jimmy Royer, Mr. Paul Greenberg, and 15 the data and rearranged the data. And I will 16 that constituted the team. 16 explain this, I identified their major statistical 17 analyses. 17 COMMISSIONER GOODELL: Were these people in A. Well, in very general terms, I identified 18 your consultancy group or were these selected by 18 19 you? 19 today, the focuses on the question of the difference 20 One has already been referred to earlier 20 in the extent of average pressure drops. So I 21 I'm not sure how much information you want, 21 identified these major statistical analyses. I then 22 Mr. Commissioner. 22 identified how they did the analyses. Did they make 23 any errors, what assumptions were they making when 24 they conducted these analyses. 23 24 25 THE WITNESS: It's an interesting question. COMMISSIONER GOODELL: Not a lot. I was hoping for "yes" or "no." THE WITNESS: Professor Moore and I started 43 of 172 sheets 25 Page 154 to 157 of 457 I just pause on the last point. I was 06/25/2015 03:43:11 PM DIRECT/SNYDER/GREENSPANPage 158 DIRECT/SNYDER/GREENSPANPage 160 1 particularly focused on that last point because it's 1 eleven Patriots' balls that were measured. They 2 important for me as a researcher and evaluator of 2 were measured by Official Blakeman and 3 data when I see alternative assumptions, plausible 3 Official Prioleau. There were four Colts' balls 4 alternatives, if the findings change, then the 4 measured, again, by those two officials, and those 5 results are not reliable. So I paid attention to 5 are the data that they focused on. 6 all those steps. 6 7 Q. 7 So having done that work, having applied that 8 principle, and again in general terms, what was your 8 9 conclusion about the work performed, the statistical 9 10 11 work performed by Exponent? A. Right, given the scientific framework that Q. What do we know about the sequence of the measurements and the sequence of events at halftime? A. After the balls were brought in, the Patriots' balls were measured first and the Colts' 10 balls were measured after. How much after, there's 11 uncertainty about. Q. 12 they provided, I can follow what they've done. Our 12 13 team actually replicated their key findings. They 13 Exponent's Table 2. And you will see here, Dean 14 made errors. When I evaluate alternative 14 Snyder, the differences. There's a row inserted 15 assumptions, their findings change, so the bottom 15 "Patriots average" and "Colts average." If you 16 line is their results are simply not reliable. 16 could discuss the importance of those figures to the 17 analysis here. 17 Q. Okay. So let's go, let's start with your A. Let's take a look at the next slide, this is 18 slide deck. The first slide shows your three key 18 19 findings. And if you could just sort of walk the 19 way in doing the analysis of difference in 20 Commissioner through each of the three key findings 20 differences. One thing to note, though, and this 21 that you made and that we will elaborate on. 21 motivated Exponent to make some assumptions and 22 A. Well, this is sort of a baby step along the 22 reorganize the data, you will see that the Patriots 23 the difference in differences, the analysis of the 23 average on the right-hand column exceeds the 24 pressure drops and the difference in the average 24 left-hand column, 11.49 compared to 11.11. 25 pressure drops is wrong because Exponent did not 25 So first finding is that their analysis of For the Colts average, it's reversed. This DIRECT/SNYDER/GREENSPANPage 159 DIRECT/SNYDER/GREENSPANPage 161 1 include timing and the effects of timing in that 1 column exceeds this column (indicating). This led 2 analysis. 2 Exponent to believe that the two officials switched 3 3 gauges between the time that they measured the 4 and the measurements between the Patriots' balls and 4 Patriots' balls and when they measured the Colts' 5 the Colts' balls at halftime. They compared the 5 balls. 6 variances. And despite conceding that there was no 6 7 statistically significant difference between the 7 back to the raw data was that they then said, well, 8 two, they went ahead and drew conclusions, but those 8 maybe it's better to organize the data by what they 9 conclusions are improper. 9 presume to be the measurements by gauge. Secondly, Exponent looked at the variation 10 10 And, last, and this goes to the issue of So one of the things that Exponent did going Q. Let's take a look at the next slide, which is 11 alternative assumptions, as well as error, if the 11 Exponent's Scenario 3. It's their Table 5. And 12 logo gauge was used to measure the Patriots' balls 12 what's happening here in Scenario 3 relative to that 13 before the game, then given what the framework that 13 raw data? 14 Exponent provides us with scientifically, and if the 14 15 analysis is done correctly, eight of the eleven 15 gauge. And the Patriots averages don't change. 16 Patriots' balls are above the relevant scientific 16 They have also made one more adjustment. They 17 threshold. 17 believe that Colts ball number 3, the measurement 18 was transcribed incorrectly. 18 Q. Let's turn to your first finding. We will go A. Well, now, they have organized the data by 19 to the next slide and start at the beginning, which 19 20 is the raw data. And if you would explain, what do 20 out the numbers, somehow the person writing down the 21 we see here on this table, which is Exponent's 21 numbers put them in the wrong column. So they 22 Table 1. 22 switched those. And now we have got revised 23 A. 23 averages for the Colts. And 12.95 for what they This is -- this is Exponent. This is taken So if you imagine the two officials calling 24 directly from the Exponent report. These are the 24 presume to be all the logo measurements compared to 25 halftime data. And you will see that there were 25 12.5 for the non-logo. 06/25/2015 03:43:11 PM Page 158 to 161 of 457 44 of 172 sheets DIRECT/SNYDER/GREENSPANPage 162 1 DIRECT/SNYDER/GREENSPANPage 164 And one of the things I should point out here 1 The second bullet point should be emphasized 2 is there is a belief that the logo gauge, and this 2 here. The theory of the Exponent analysis, their 3 was supported by further testing by Exponent, reads 3 most significant analysis is that the Colts' balls 4 higher. It consistently reads higher. And that's 4 are a control for the Patriots' balls. 5 how they have organized the these data into what 5 6 they call their data Scenario Number 3. 6 Q. What does that mean, "a control"? A. Well, let's just go slowly. I mean, it's the 7 Patriots' balls that are being suspected of being 8 deflated outside the rules. The Colts' balls are 9 not being suspected of being deflated outside the 7 8 9 Q. Why have you chosen to focus on their data Scenario Number 3? A. Well, the short answer is they do. This is 10 the data scenario that they pay the most attention 10 rules. So the Colts' balls end up being a reference 11 to. 11 or a benchmark for what would have happened naturally. That's the idea of a control. 12 Q. Okay. Let's look at the next slide. And 12 13 just taking a look at the quote at the top of the 13 14 page, this is from the Exponent report. What does 14 whether your slide continues. They look at whether 15 that tell you about the place of this analysis 15 the greater drop was statistically significant. 16 within the overall Exponent work? 16 Could you explain the concept of "statistical 17 significance." 17 A. Well, when they say, "This is the most Q. Okay. And Exponent continues. They inquire A. 18 significant," what they are saying is of all the 18 19 work that they have done to analyze these results, 19 Statistical significance here is, okay, you may see 20 this is what I call their core analysis, this is 20 a difference in these averages, but you also 21 their most significant analysis. And it goes to 21 realize, you have got a really puny control group. 22 this basic question, did the Patriots' balls have a 22 It's four Colts' balls. We have got measurement of 23 bigger drop in pressure than the Colts' balls? 23 them. We can't just say any time there's a Q. Table 6, this is also at the bottom of your 24 difference, it's reliable. 24 25 25 slide, this is from the Exponent report. If you These terms don't role off the tongue. So what Exponent did was that they adopted DIRECT/SNYDER/GREENSPANPage 163 DIRECT/SNYDER/GREENSPANPage 165 1 could again walk us through the table and tell us 1 the standard, which is statistical significance at 2 what Exponent is looking at with those figures. 2 the five-percent level. It's common in science. 3 A. 3 It's common in social science. That's the standard 4 different gauges. What they do is identify the drop 4 that Exponent did. It basically says, when we see a 5 compared to the starting values, the pre-game 5 difference, when we see a difference, we want to 6 starting values that are presumed to be for the 6 make sure it's not due to chance. 7 Colts' balls, 13.0 psi and 12.5 for the Patriots' 7 8 psi. 8 threshold, here, the .05 is chosen, and the analysis 9 doesn't have results that cross that threshold, what 9 So you have got the averages now based on the And compared to those starting values, you Q. In your experience, if a statistical 10 can then identify the difference in the drops by 10 11 gauge. And those two numbers, about .7 psi says 11 12 that the Patriots' balls dropped by .7 psi more than 12 derive findings, reach conclusions. It's not 13 the Colts' balls. does that tell you about the analysis? A. It's not an analysis on which you should 13 statistically significant. It doesn't -- what you 14 Q. Okay. Let's go to the next slide. And if 14 see in scientific studies and whether it's testing 15 here, if you could describe the approach taken by 15 by the FDA or careful protocols, you have 16 Exponent in comparing the relative drops in pressure 16 statistical significance as the step that then is 17 of the Patriots' balls and the Colts' balls. 17 the basis for conclusions. 18 A. 18 Okay. So here is their approach. It's Q. What if the statistical significance is 19 called a difference in differences analysis. It's a 19 really close to that .05, but it doesn't cross that 20 standard kind of statistical approach. Here it 20 threshold, but it's on the margins? 21 really could be difference in average drops, just to 21 22 put it in the context of what we are studying. And 22 because then you keep saying, what if it's sort of 23 we have already covered the first bullet point. 23 close? Then you keep moving the standard. It's, 24 They have identified the differences between 24 you know, it's the standard. Since we are in this 25 pre-game and average halftime psi's. 25 group, I will say it's like you don't score a 45 of 172 sheets A. Page 162 to 165 of 457 You can't -- you can't go down that path, 06/25/2015 03:43:11 PM DIRECT/SNYDER/GREENSPANPage 166 DIRECT/SNYDER/GREENSPANPage 168 A. 1 touchdown unless you break the plane. You can't say 1 2 it's close. 2 earlier. There was a sequence of events at 3 Q. They didn't, because I mentioned this 3 halftime. And the sequence of events at halftime 4 this is now Exponent's conclusions about statistical 4 was that the Patriots' balls were measured first. 5 significance. And could you explain what's 5 The Colts' balls were measured second, or even 6 happening here including what a p-value is. 6 later, depending on the sequence of halftime events. 7 A. Let's take a look at the next slide. And So this, again, is Exponent's table, Table 8. 7 COMMISSIONER GOODELL: What would be the 8 They are reporting the results, focusing on the 8 significant time period where it becomes important 9 question of statistical significance for four 9 it exceeded that amount? 10 different data scenarios. 11 Three is their preferred, but here they are 10 THE WITNESS: I am going to cover that, 11 Mr. Commissioner. But basically even if you take 12 reporting all of them. And in the table you see 12 the minimum sort of bump, three and a half minutes, 13 referred to here, the p-value's calculated using 13 this p-value goes above the key threshold. 14 Exponent's statistical model. They developed a 14 15 statistical model to evaluate the difference in 15 minutes from the first ball to the last ball, from 16 difference. 16 Patriots to Colts? COMMISSIONER GOODELL: Three-and-a-half 17 And they are saying-based on our statistical 17 18 model, the difference in average pressure drops is 18 going to make the Colts' balls, which are a little 19 statistically significant. So the p-values that 19 bit warmer and a little bit dryer, and say, well, 20 they report are well below .05; .05 is the five 20 what if they were, in effect, adjusted for that, and 21 percent benchmark. And they are saying our results 21 they were measured when the Patriots' balls were 22 are statistically significant. 22 measured, this result goes away. 23 24 25 Q. 23 Because they are smaller than -- the p-value 24 is smaller than .05? A. THE WITNESS: Yeah. If you just say we are COMMISSIONER GOODELL: And who says they are dryer? "Three-and-a-half minutes they get dryer." 25 Correct. THE WITNESS: Well, you can leave out dry. DIRECT/SNYDER/GREENSPANPage 167 1 2 Q. DIRECT/SNYDER/GREENSPANPage 169 And what is the conclusion that they draw from this statistical significance? Just do warm. In fact, that's the case I am going 2 to turn to next. 3 Q. Let's focus on that and go to the next slide. 4 statistically significant results, then you draw 4 And what does Exponent tell us about the importance 5 conclusions. So what's bolded here is, okay, we 5 of time? 6 have significant results. 6 3 A. 1 7 This is the standard protocol. When you get We now say the following, "In all cases A. Well, the Exponent report is full of 7 scientific guidance that says timing is important. 8 studied, the additional pressure drop exhibited by 8 And they refer to basic thermodynamics. They say 9 the Patriots' footballs is unlikely to have occurred 9 it's completely expected, this top bullet point, 10 11 12 13 by chance." Q. What did you conclude about Exponent's difference in differences work? A. Well, it's wrong. It goes back to their 10 that a football is brought from a warmer environment 11 into a colder environment and then when it's brought 12 back into a warmer environment, that the psi will 13 change. 14 basic theory, the basic idea that the Colts' balls a 14 15 control. If you want -- and I understand the idea 15 then come up. And these variations in temperature 16 of using the Colts' balls as a control, but they 16 and pressure are time-dependent in the time ranges 17 have to be a good control. 17 at issue in the present investigation. 18 It will go, it will start high, go down and 18 If they are a good control, then you can And then the second bullet point, especially 19 isolate on whether the question of whether the 19 the bolded point, "A key factor in explaining the 20 additional pressure drop exhibited by the Patriots' 20 difference in measurements between the Patriots' and 21 footballs is or is not likely to have occurred by 21 Colts' balls is timing." These are Exponent quotes. 22 chance. 22 23 Q. 23 their Figure 22. And if you could sort of walk us And what was your conclusion as to whether Q. And let's jump to Exponent's table. This is 24 the Colts' balls served as good controls in their 24 through this figure and what it shows us about the 25 analysis? 25 importance of time. 06/25/2015 03:43:11 PM Page 166 to 169 of 457 46 of 172 sheets DIRECT/SNYDER/GREENSPANPage 170 1 A. DIRECT/SNYDER/GREENSPANPage 172 Okay. So along the horizontal axis here is 1 this curve (indicating). 2 time, minute by minute. And it starts at 2:38. So 2 Q. Let's take a look at, it's our Slide 10, this 3 there is a lot happening with the game before of 3 is another quote from Exponent. And if you could 4 this focus. 4 talk about the significance of the bolded language, 2:38 prior to halftime? 5 again, in terms of your analysis of the importance Right. That's when the balls are being 6 of timing at halftime. 5 6 Q. A. A. 7 brought off the field and then the locker room 7 8 period begins at minute 2:40 and it lasts -- 8 (Reading): "Specifically, the pressure in a 9 football measured immediately" -- here I'm 9 10 COMMISSIONER GOODELL: I'm sorry; what was that 2:38 starts when, at the beginning of the game? 11 THE WITNESS: No, that is my understanding of Well, there's a strong dependence on time. 10 quoting -- "Specifically, the pressure in a football 11 measured immediately after coming into the locker 12 when the balls are being brought off the field into 12 room will be significantly lower as compared to the 13 the locker room. 13 pressure measured in the same football once it has 14 sat and warmed up in the locker room for several 15 minutes." That's from Exponent. 14 15 COMMISSIONER GOODELL: What happens from zero to 2:37, I guess is a better -- 16 17 18 THE WITNESS: First half is playing. 16 COMMISSIONER GOODELL: Zero is the start of 17 18 game? 19 Q. So let's go to our Slide 12. And what is this showing? A. This takes the earlier Figure 22, and I will 19 refer to that again. It takes the top schedule, 20 yes. That's a good question. It may be when the 20 what Exponent calls their transient analysis, that's 21 balls are brought onto the field; I'm not sure. 21 their scientific framework. THE WITNESS: Yes, or some pre-game activity, 22 23 COMMISSIONER GOODELL: That's important, wouldn't you say? 24 25 THE WITNESS: Well, there's plenty of time according to Exponent. I'm not here to question 22 It says, okay, you bring in a Colts' ball. 23 It was pre-game at 13. It's brought right into the 24 locker room. It's going to be 11.87. This is, 25 like, so 2:40 is, like, in locker room terms, it's DIRECT/SNYDER/GREENSPANPage 171 DIRECT/SNYDER/GREENSPANPage 173 1 that, but there's plenty of time for the balls -- 1 minute zero. And then 12 minutes later, it's warmed 2 you take the assumption that the Colts' balls were 2 up and it's roughly 1.1 psi greater in 12 minutes. 3 at 13.0. 3 4 4 There's plenty of time, whether it's 2:38 or 5 2:10 or 2:00 or 2:50 for the Colts' balls to 5 6 equilibrate to basically this level, assuming that 6 7 they are dry (indicating) or this level assuming 7 8 they are wet, and the same thing for the Patriots' 8 9 balls, to equilibrate. 9 10 Q. Q. The same ball? A. The same ball. Q. What did Exponent do in its difference in difference analysis to account for time? A. Nothing. Q. How do you know? A. Absolutely nothing. If you look at their 10 difference in difference equation in their appendix 11 the balls right before they are brought into the 11 and you look at Table A3, where they report their 12 locker room, so between minute 2:38 and minute 2:40? 12 results, they have explanatory variables for their Nothing, really. 13 difference in difference analysis and time is not an Okay. And then what do we see happens to the 14 explanatory variable. 13 14 A. Q. Dean Snyder, what's happening with the psi of 15 pressure of the balls once they are brought into the 15 You can read the Exponent report forwards, 16 locker room at minute 2:40? 16 backwards, upside down. You see time referred to 17 A. 17 again and again and again and again. However, you 18 Commissioner's question, let's put aside the issue 18 have to look at what they actually did, the 19 of moisture and just focus on the dry schedules. 19 statistical analysis that they actually did. They 20 The top one is 13.0 psi dry. That would correspond 20 left time out of the analysis that they said was the 21 to a Colts' ball that's dry. 21 most important. 22 Well, they warm up. So going back to the And it comes into the locker room right here 22 Q. Were you and your team able to account for 23 (indicating). It's at this level and then it warms 23 time in trying to replicate their difference in 24 up. It follows this transition curve. And a 24 differences work? 25 Patriots' ball that's dry comes in lower and follows 25 47 of 172 sheets A. Page 170 to 173 of 457 I took their scientific guidance and said, 06/25/2015 03:43:11 PM DIRECT/SNYDER/GREENSPANPage 174 1 2 DIRECT/SNYDER/GREENSPANPage 176 let's adjust for time. Q. Let's go to the next slide and let's just 1 significance for a reason. We have a very small 2 sample. We have measurement error. 3 focus here. We are going to go through these three 3 4 cases. Let's focus on case 1 and what you and your 4 of statistical significance for a reason. And the 5 team tried to do. 5 importance now is this is not a result on which you 6 go from statistical significance to conclusions. You don't -- you stop there. 6 A. Case 1 is what I would call the minimum bump, We have other factors. You adopt a standard 7 the minimum adjustment for time, assuming that the 7 8 Colts' balls were measured immediately after the 8 Q. You did it. You did a second case. What 9 Patriots' balls, no moisture effect. 9 adjustment, what were you trying to account for in 10 Q. Let's go to the next slide. What's happening 10 Case Number 2? A. 11 here? This is your slide. What are you showing in 11 12 your case 1? 12 events that was basically -- we will call it 13 halftime sequence number 1. And the Patriots' balls 13 A. Well, it's my slide, but it's Exponent's Well, Case Number 2, here's the sequence of 14 transition graph. This is -- the top part of that 14 are measured first. The Colts' balls are measured 15 is right off of Exponent figure 22. And if it's 15 second. And then the Patriots' balls were 16 okay, let me just explain what's happening here. 16 reinflated. This is in the Wells report. 17 This is the average psi of the Colts' balls 17 18 (indicating), okay. 18 remains uncertainty about the order of the last two 19 What's acknowledged here, though, is there 19 events, not uncertainty about the Patriots being 20 were measured, this occurs right at this point in 20 first, but uncertainty about these two. So what if 21 time. So this is a given. And none of these 21 you just evaluate that uncertainty and flip these? 22 analyses are going to change the observed average 22 So it's Patriots' measurement, Patriots' 23 measurements for the Colts' balls. Those are the 23 reinflation, and then Colts' measurement. 24 starting values. If we drop a line down here, this 24 25 is when the Patriots' balls were measured. 25 And under this assumption about when they Q. Let's go to the next slide. A. Basically it's the same analysis. Instead of DIRECT/SNYDER/GREENSPANPage 175 1 DIRECT/SNYDER/GREENSPANPage 177 1 a three-and-a-half-minute adjustment for time, it's 2 that says if the Patriots' balls are measured here, 2 now a seven-and-a-half-minute adjustment for time. 3 what if we said and adjusted for time and, in 3 4 effect, moved that measurement in this direction 4 5 just three-and-a-half minutes? 5 So I'm going through basically an adjustment Q. And let's go to the next slide and see what happens. COMMISSIONER GOODELL: Just so I'm clear, you 6 And we use Exponent's transition analysis to 6 are saying it would take four minutes for eleven 7 tell us how much of an adjustment that would have 7 balls to be properly inflated? That's your analysis 8 minute by minute on the height of this. And the 8 or whose analysis is that? 9 difference in the height of this and this looks to 9 THE WITNESS: That's in the Exponent report 10 be about this amount right here (indicating). 10 and the Wells report. They have a range, time 11 That's the adjustment in time. That's the 11 ranges for those sequences of events. 12 difference in psi. 12 13 14 15 Q. Let's go to your next slide to see the impact on statistical significance. A. Well, again, just for reference, this is Q. And what happens to the p-value and more 13 generally, if you could speak to the significance of 14 the p-value in statistical terms once you make an 15 adjustment? A. 16 Exponent's analysis, except that there is a 16 17 difference in difference that couldn't be explained 17 refer back to what was the so-called unexplained 18 of about .7. I am going to do rounding here. 18 difference in drops. According to Exponent, it was 19 about .7 psi. 19 And it's statistically significant. If we do Well, again, I think it's good to just always 20 this minimum bump, that difference in psi that's, 20 21 quote, "unexplained" goes from .7 to .4 psi. And 21 sequence with a time difference of seven and a half 22 critically, the statistical significance is now 22 minutes, on average, the difference in psi now goes 23 eliminated. We now go from under .05 to above .05. 23 to under .3 and the p-value goes to .2. This is a 24 kind of range of a p-value where you say, I don't 25 know whether there was anything at all. 24 25 Q. What is the importance of that finding? A. This is, well, Exponent adopted statistical 06/25/2015 03:43:11 PM Now, if you consider this alternative Page 174 to 177 of 457 48 of 172 sheets DIRECT/SNYDER/GREENSPANPage 178 1 2 DIRECT/SNYDER/GREENSPANPage 180 COMMISSIONER GOODELL: What do you mean by that? 3 THE WITNESS: I mean by that when you set up 1 COMMISSIONER GOODELL: Could I just hear what 2 his plausible assumptions are. What are your 3 plausible assumptions? 4 a test like that, you are trying to accept or reject 4 5 hypotheses. And when you see something like this, 5 in addition to considering the minimum time 6 you say, I don't know what's going on. I don't know 6 adjustment, if you consider the alternative time 7 if there's any significant difference in difference 7 sequence, and I'm not here to say it's one or the 8 from which to draw conclusions. 8 other, but you had two time sequences at halftime 9 that I believe should be considered. One is 9 10 11 Q. Let's talk about your third case and what you 10 tried to test for here. A. Well, the third case, again, goes back to the THE WITNESS: Plausible assumptions is that, Patriots, Colts measurement -- 11 COMMISSIONER GOODELL: Your 1, 2, 3, right? 12 idea of a control. And the concern that motivates 12 THE WITNESS: Yes. 13 this is that Exponent was testing balls at two 13 COMMISSIONER GOODELL: That's your plausible 14 different points in time. 14 15 And the Patriots' balls not only would be assumptions? 15 THE WITNESS: Yeah, just saying that there 16 colder, they could be wetter compared to the Colts' 16 17 balls, which would be warmer and dryer. That's not 17 COMMISSIONER GOODELL: What about dry time? 18 apples to apples. So you want to make an adjustment 18 THE WITNESS: Yes, and what if there is a 19 for time that affects both warmth and moisture to 19 20 see, not to say you know exactly how wet they were, 20 21 because I don't know. But what if there is a 21 22 moisture effect as well as a warmth effect? 22 23 Q. Let me ask you a question. You said, "What 23 was a greater -- moisture effect. COMMISSIONER GOODELL: But that's a what-if, right? THE WITNESS: Yes, it is a what-if, yes, sir. Q. What did Exponent do in its, what you call 24 if there's a moisture effect?" Was this an issue 24 statistical variability analysis? And if you have 25 that you discussed with Mr. Duffner? 25 an understanding as to why they did this analysis? DIRECT/SNYDER/GREENSPANPage 179 1 2 3 DIRECT/SNYDER/GREENSPANPage 181 A. Yes. Q. What did he say? A. He said it's definitely the kind of thing 1 A. Well, this is a relatively brief commentary. 2 My belief is, and this is a bit of a speculation, is 3 that they wanted to look at the variants, the 4 that should be explored. Balls come in wet. They 4 dispersion in the measurements between the Colts' 5 get dry over this time period. So this keeps the 5 balls at halftime and the Patriots' balls at 6 seven and a half minutes the same, but also takes 6 halftime to see if there was a contrast. And if 7 the Colts' balls back, it says, well, what if there 7 there was a contrast so that the Patriots' balls had 8 is a moisture effect. 8 more dispersion, more variance in their 9 measurements, that would lend support to the idea 9 10 11 Q. And what happens to the p-value when you do this analysis? A. Well, the p-value goes even higher. And with 10 that they didn't have a common starting value. Why 11 wouldn't they have a common starting value? Hasty deflation. 12 respect to this unexplained difference in 12 13 difference, .7 now goes to .07. 90 percent of the 13 Q. Let's go to the next slide. And what did 14 difference in difference is now explained. 14 Exponent conclude as a statistical matter about 15 variability? 15 Q. What's your takeaway from your first finding, 16 your analysis of their difference in differences 16 17 work? 17 No statistical -- no statistically significant difference. 19 When you include timing, the results shift from 19 Q. Did they stop there? A. No. They continued, which is striking, 20 being statistically significant to insignificant. 20 because, whereas in the difference in difference 21 The unexplained difference in difference falls and 21 analysis, they adopted the standard five percent as 22 under plausible assumptions goes to a de minimus 22 the benchmark, here, they said, no, we will just 23 level. 23 continue on and reach conclusions. And it's right 24 here at the bottom. 18 24 25 A. A. Timing needs to be included in the analysis. Q. Let's talk about your second finding and another aspect -- 49 of 172 sheets 18 25 Page 178 to 181 of 457 So without having found anything that's 06/25/2015 03:43:11 PM DIRECT/SNYDER/GREENSPANPage 182 DIRECT/SNYDER/GREENSPANPage 184 1 statistically significant, nevertheless they have a 1 Patriots' balls halftime measurements to the Ideal 2 statement that begins in their report, "therefore." 2 Gas Law Formula. If you could describe, what did Exponent do? 3 Q. And in your experience, as a statistical 3 4 matter, is it a sound practice to draw conclusions 4 5 from an analysis which doesn't reach statistical 5 They have parameters here of a starting temperature 6 significance? 6 between 67 and 71 when that initial psi of 12.5 was 7 established and then a final temperature of 48. 7 8 9 A. No. Q. Even putting aside the fact that Exponent's A. 8 9 results were not statistically significant, are you Well, they applied the Ideal Gas Formula. And then they are saying, well, what if they are brought into the locker room right then, what 10 aware of any explanation for greater variability 10 should they measure? And the key number here is 11 among Patriots' balls compared to Colts' balls? 11 that they identified this as their scientific 12 A. I'm not here to offer scientific insights. I 12 threshold (indicating), and they say the balls have 13 don't know if the first-half conditions could lead 13 not been deflated. The measurement should be above 14 to more variance. I'm just going to focus on the 14 11.32. 15 scientific guidance provided by Exponent. And 15 16 recognizing that the Colts' balls were measured some 16 you could explain, how did Exponent do this? How 17 time in here (indicating). 17 did they go about this comparison? 18 They are measured at a relatively flat part 18 Q. Okay. Let's go to the next slide. And if A. Well, it gets into some additional math. In 19 of the curve (indicating). And if you sample from a 19 addition to the Ideal Gas Law math, they also 20 relatively flat part of the curve, you get less 20 recognize that the two gauges have this tendency to 21 variance. And this was not considered by Exponent 21 read differently. The logo gauge reads about .3 to 22 when they made this comparison and reached the 22 .4 higher than the non-logo gauge. 23 "therefore" conclusion. 23 24 25 Q. Was this issue of the impact of time on variance something you discussed with Mr. Duffner? So what they did was carefully, according to 24 their report, establish how you convert readings 25 into a so-called master gauge well-calibrated, DIRECT/SNYDER/GREENSPANPage 183 1 A. DIRECT/SNYDER/GREENSPANPage 185 1 accurate master gauge for both the logo readings and 2 developed on this was correct, and he said -- he 2 the non-logo readings. 3 said, definitely. I mean, we were basically 3 4 finishing each other's sentences. He said -- I said 4 5 the curve flattens and that's going to lead to less 5 6 variance. 6 Yes. I asked him if the insight that we had Q. A. Q. A. And how do they do this conversion? You mean in terms of the actual test? Yes, how they execute. Well, they basically say, well, if you say 7 And he used a different term. He said "curve 7 it's the master -- excuse me, if it's the logo gauge 8 asymptotes," a more technical term, but he said the 8 used, well then, you should convert the readings, 9 same thing. 9 the halftime measurements and adjust them to the 10 11 12 Q. Let's go to your finding number 3. What's 10 11 the bottom-line conclusion here? A. Exponent did an analysis to establish what 12 master gauge readings. Q. And that's a mathematical formula? A. It's just a crunching of the -- through the 13 you might say is a scientific benchmark, a threshold 13 14 to say should the Patriots' balls or are the 14 15 Patriots' balls above this threshold? 15 conclusion did they reach about how the Patriots' 16 balls compared to that range or the bottom end of the range you talked about in the prior slide? 16 And my finding is that if you consider as a master gauge adjustment. Q. And when Exponent did these conversions, what 17 plausible assumption that the logo gauge was used 17 18 pre-game by Mr. Walt Anderson, I'm not saying it's 18 19 true, I'm just saying if you entertain that 19 20 assumption, given the uncertainty, and you execute 20 21 Exponent's analysis correctly, then eight out of the 21 22 eleven Patriots' balls are above this relevant 22 23 scientific threshold. 23 They have the master gauge conversion adjustment, 24 and they converted the halftime readings for the 25 master gauge conversion, but they did not convert 24 25 Q. Let's go to the next slide and the beginning of Exponent's analysis. Their comparison of the 06/25/2015 03:43:11 PM A. They found that eight of the Patriots' balls were below this critical scientific threshold. Q. Did you find any errors in Exponent's conversion work? A. Page 182 to 185 of 457 Yeah, yes. They made a very basic mistake. 50 of 172 sheets DIRECT/SNYDER/GREENSPANPage 186 1 2 3 4 DIRECT/SNYDER/GREENSPANPage 188 the starting values for the master gauge conversion. Q. Does that make a difference here? Does that make a difference in the outcome? A. It does under one of two assumptions. And 1 options: There is the logo gauge and the non-logo 2 gauge. And my view is you should entertain both 3 options. You should explore what happens to your 4 findings, assuming that Mr. Anderson used one and then the other. 5 there are only two assumptions to make. Pre-game, 5 6 it was either Mr. Anderson used the logo gauge, his 6 7 recollection, or he used the non-logo gauge. 7 you see that in all cases, they are testing for all 8 possibilities? 8 9 It turns out that the master gauge conversion is not a very big adjustment at all for the non-logo 9 Q. Do you see throughout Exponent's report, do A. No. I see instead rather than saying 10 gauge. So this error doesn't play out to have any 10 neutrally, let's look at assumptions and see if our 11 significant effect on the Exponent findings if the 11 results are consistent, as they did here, they 12 non-logo gauge was used. 12 basically argued against the likelihood that the 13 logo gauge was used. 13 However, because that logo gauge measures a Q. By the way, the conclusion that you reached 14 lot higher, you have to make the adjustments 14 15 consistently, both to the starting values and the 15 that eight out of the eleven balls were actually 16 halftime values. 16 above the bottom end of the Ideal Gas Law formula Q. So let's put a pin in the conversion error 17 prediction, are you the only person who's come to 18 and take a look at and describe what we know about 18 that conclusion? 19 the possibility that the logo gauge was used for the 19 20 pre-game measurements. 20 to that conclusion. The AEI report came to that 21 conclusion. There's a Nobel Prize winner who has 17 21 A. Well, without reading this, I mean, as a A. No. There are multiple people who have come 22 researcher, here, the key point for me is that both 22 come to that conclusion. A Ph.D. in physics has 23 assumptions should be evaluated in terms of whether 23 come to that conclusion. I think there's a math 24 Mr. Anderson used the logo gauge or the non-logo 24 teacher in Maine who has come to that conclusion. 25 gauge. 25 Q. All right. Dean Snyder, a few final DIRECT/SNYDER/GREENSPANPage 187 1 DIRECT/SNYDER/GREENSPANPage 189 Q. Was there evidence before Exponent that the 1 questions. Did you make any conclusions about the 2 logo gauge being used for a pre-game measurement was 2 way the data was collected the day of the AFC 3 a plausible possibility here? 3 Championship Game? 4 5 A. Yes. Q. Let's go to the next slide. And were you 4 A. I think it's one of the most intriguing 5 things here is that the officials, I think they had, 6 able to correct for that inconsistency that you 6 actually, very good intuition about what to try to 7 described in Exponent's master gauge conversion? 7 do. They didn't just measure the Patriots' balls. 8 They measured the Colts' balls. They had the idea 9 of a control. They had the idea of measuring both 8 9 10 11 A. Yes. Now, the effective starting value is not 12.5, it's 12.17. Q. How do you get the 12.17? A. You apply the master gauge conversion 10 sets of balls with two gauges. 11 But -- but their intuition only carried them 12 consistently to both halftime measurements, as well 12 so far. There were so many things that they didn't 13 as the starting value. 13 have in mind. Now everybody is talking about the 14 Q. Okay. And let's go to the next slide. And 14 Ideal Gas Law. I don't think they had the Ideal Gas 15 what is the impact of making that correction on the 15 Law in mind when they brought the balls into the 16 results? 16 locker room and measured them at different times. A. 17 17 Now eight of the Patriots' balls are above They didn't record the timing of those 18 the critical threshold predicted by Exponent, three 18 measurements. They didn't record the temperatures. 19 are below. 19 They didn't make sure which gauge was being used. 20 They didn't retain -- find all the gauges. 20 Q. We've talked about uncertainty in the gauges, 21 uncertainty in the sequence of events at halftime, 21 22 among other things. In statistical work, what is 22 23 the statistician to do when faced with uncertainties 23 for the pre-game and the -- my reading of the report 24 in the data? 24 is that there are gauges that were set by the 25 Patriots and the Colts in the process described 25 A. Well, in this case, there are only two 51 of 172 sheets COMMISSIONER GOODELL: They didn't what? THE WITNESS: They didn't find all the gauges Page 186 to 189 of 457 06/25/2015 03:43:11 PM DIRECT/SNYDER/GREENSPANPage 190 1 DIRECT/SNYDER/GREENSPANPage 192 1 are not trained to take these gauges, put them in And the moisture point that you raised, I 2 the footballs and record temperature -- psi. So 3 don't think anybody tracked what balls were wet, how 3 what do you see? 4 many of them were wet, whether they were in bags. 4 5 And they didn't track what was happening during the 5 and they differ by .4 psi; .4 psi is huge. So the 6 first half. 6 measurement error that we are dealing with in this 7 environment is the combination of that and the 2 earlier that aren't available. A. 7 So I would give the officials credit for You see three measurements on the 12th ball 8 developing a protocol, but the bottom line is that 8 protocol. I mean, it just, it really was striking 9 it's an impromptu protocol that leaves a lot of 9 to me. And Exponent said we are not going to pay 10 11 10 factors out and not controlled for. Q. Are there steps that could be taken going 11 12 forward to ensure the reliability of measurements 12 13 taken on game-day if people want to evaluate the 13 14 measurements to draw conclusions about them? 14 15 A. 15 Well, I'm not here to offer views about attention to the 12th ball. COMMISSIONER GOODELL: Who is Mr. Daniels, James Daniel? Not a game official? MR. REISNER: No. Q. Other data? A. I didn't mean "official" in the sense of 16 protocols, but I'm sure that protocols could be 16 17 developed along those lines if the League decided 17 Q. You had said that there was another set of 18 that was important. 18 data not considered by Exponent. What was that? 19 Q. 19 Dean Snyder, did you reach any conclusions officiating. A. The other data, and this goes back to the 20 about the number of assumptions in Exponent's 20 officials having some sense of the protocol, they 21 analysis? 21 measured post-game. They measured four Colts' balls. They measured four Patriots' balls. 22 A. A lot of assumptions along the way, just 22 23 saying we are going to switch the data, we are going 23 24 to switch Colts' ball number 3 -- I mean, the Colts' 24 you've got more control data. There's no 25 data and line them up the way they did, sequencing. 25 possibility that between halftime and the end of the When I saw that, I said to myself, wow, now DIRECT/SNYDER/GREENSPANPage 191 DIRECT/SNYDER/GREENSPANPage 193 1 It's a very large number of assumptions relative to 1 game you would have tampering with either sets of 2 actual data observations. 2 balls. 3 4 5 6 7 Q. 3 Did Exponent consider all of the data A. Q. A. So now we have, in addition to the four 4 Colts' balls at halftime, which I described No, they did not. 5 unscientifically as a puny control group, now you Would you be more specific. 6 have the ability to triple that with the end of the Let me give two specifics. The 12th ball, 7 game data; excuse me; the end of the game data. But available to it? 8 the ball intercepted by D'Qwell Jackson during the 8 Exponent said we're not going to look at those, 9 first half, it was measured by, according to the 9 either. 10 report, someone on the Colts' sideline, and then it 10 Q. Do you remember anything about the 11 was measured by the NFL Official, Mr. Daniel or 11 measurements of the Patriots' balls post-game 12 Daniels, I believe. 12 relative to the measurements of the protocols -- 13 13 sorry -- measurements of the Patriots' balls 14 three times with the same gauge and wrote the 14 post-game compared to their reinflation level at 15 results on the ball. 15 halftime? 16 17 And he, interestingly, he measured that ball Q. A. Do you remember what the results were? 16 Well, I think the results -- if you included A. Yes. There was a statement that they were 17 inflated at halftime to, as I recall, 13. The 18 it in the analysis, it would be favorable to the 18 post-game measurements were above 13. Again -- 19 view that there was not deflation, first of all. 19 well, I shouldn't say "again." It's a finding, it's 20 But the other thing that I found particularly 20 a result that just underscores it's so difficult to 21 important was, to my knowledge, this was the only 21 understand what's going on. 22 time during the game that officials used the same 22 23 gauge and recorded three measurements. 23 navigate through the halftime data. I don't know Exponent made a lot of assumptions to 24 Why is that important? Well, here, you get a 24 what assumptions you would have to make to navigate 25 sense of potential measurement error. People who 25 through the post-game data. 06/25/2015 03:43:11 PM Page 190 to 193 of 457 52 of 172 sheets CROSS/SNYDER/REISNERPage 194 CROSS/SNYDER/REISNERPage 196 1 Q. Dean Snyder, last question. What is your 1 2 bottom-line takeaway from the work of the -- the 2 3 statistical work of Exponent? 3 4 A. It's just not -- it's partly the setting, 4 A. I believe so. Q. And how many times have you worked with the Analysis Group in the past? A. I've been working with them for about seven 5 it's partly the impromptu protocol, but it's also 5 years, and depends on how you count cases. 6 the work that they have done statistically. The 6 Sometimes cases have different aspect of them. So 7 combination is it's not something that leads to 7 you take, for example, the litigation involving LCD 8 reliable conclusions. 8 panels. 9 And, certainly, it's certainly not the kind 9 That's one litigation in some people's minds, 10 of scientific work that I would be comfortable with 10 but it involves a lot of cases in other people's 11 reaching judgments about people. I'm in a very 11 minds. So it's a little hard to count, but I have 12 different situation from the Commissioner, but these 12 worked with them for the past seven years. 13 are -- these are not reliable findings. 13 Q. Is it fair to say you have worked with them MR. GREENSPAN: Thank you. 14 on at least a dozen cases over those seven years? MR. KESSLER: Should we take a little break 15 A. That's probably -- I wouldn't -- I haven't 16 counted, but I think that -- I wouldn't disagree with that. 14 15 16 before we do cross? 17 MR. REISNER: Take five minutes, maybe? 17 18 COMMISSIONER GOODELL: Sure. 18 (Recess taken 2:17 p.m. to 2:28 p.m.) 19 Q. And you receive payment in connection with 19 the work that you do at the Analysis Group, correct? 20 CROSS-EXAMINATION BY 20 21 MR. REISNER: 21 A. Yes. Q. That payment is separate and apart from the 22 23 24 25 Q. Good afternoon, Dean Snyder. Dean Snyder, do you have a degree in 22 compensation you receive in connection with your 23 duties at Yale, correct? 24 statistics? A. No. 25 A. Yes. Q. Now, before your testimony today, and in CROSS/SNYDER/REISNERPage 195 1 2 3 4 5 6 7 CROSS/SNYDER/REISNERPage 197 Q. Are you a member of the American Statistical Association? A. No. Q. To your knowledge, is any member of your team 1 connection with the work that you did, did you read 2 the entire Exponent report in connection with your 3 analysis? 4 5 a member of the American Statistical Association? A. I don't know one way or the other. Q. As far as you know, no member of your team is A. Yes. Q. And so are you aware that, in addition to the 6 analysis of statistical significance and the 7 difference between the pressure drops in the Colts' 8 a member of the American Statistical Association, 8 and the Patriots' balls, Exponent separately 9 correct? 9 conducted a series of other tests and experiments, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Correct. Q. Now, you were assisted in your work here by A. Yes, and as well as by Professor Moore. Q. And the Analysis Group, that's a consulting 13 14 15 firm, right? A. Yes. Q. Very much like Exponent is a consulting firm, 16 17 18 correct? A. Well, they're different, but they are both consulting firms. Q. And Analysis Group frequently works with correct? A. Yes. Q. And among those tests were transient experiments, yes? A. Yes. Q. And among those tests were game-day simulations, correct? A. Yes. Q. I want to focus first on your Finding 1. And 19 I'm referring to what's in evidence as Exhibit 191. 20 It's the low-tech version of your deck that you just 21 presented. 22 lawyers involved in litigation, correct? A. Yes. Q. And Exponent frequently works with lawyers 53 of 172 sheets 11 12 members of the Analysis Group, correct? involved in litigation, correct? 10 And Finding 1 is, "Exponent's statistical 23 analysis of the difference in average pressure drops 24 is wrong because it ignores timing," correct? 25 A. Correct. Page 194 to 197 of 457 06/25/2015 03:43:11 PM CROSS/SNYDER/REISNERPage 198 1 2 3 CROSS/SNYDER/REISNERPage 200 Q. And that criticism focuses solely on the 1 2 statistical analysis performed, right? A. What they reported, as I said, in Table A3, 3 Q. So your testimony is that that quote says that's the most important part of their analysis? A. Well, I think most people would agree that 4 their statistical analysis of difference in 4 that is the most important. I mean, you heard 5 difference. 5 Mr. Nash's questions and opening. And he focused on 6 the difference in difference. The difference in 7 difference is the key to the case. 6 7 8 9 Q. This criticism didn't go to the transient tests that they performed, right? A. I'm not sure what you are asking me. The transient test as reflected in Figure 1, those are 8 9 Q. Is it a fairer way to describe the Exponent work as that they looked at the statistical 10 the transient curves that show timing, something 10 significance analysis as the starting point to see 11 important. 11 whether there was more to study? Isn't that a 12 fairer way to describe the Exponent report? 12 Q. But your criticism is directed to their No, it's their model. Their model did not 14 A. I don't think so. Q. Let me direct your attention to the Exponent 15 include timing. When you go to the Table A3 and you 15 report at page X, Roman X. And the second-to-last 16 look at the variables they included in their model, 16 paragraph reads, "It also appears that the Patriots' 17 they left timing out. 17 game balls exhibit a greater average pressure drop 18 than did the Colts' game balls. This difference in 13 14 18 13 analysis of statistical significance, correct? A. Q. And when you refer to "their model," you are 19 referring to the model used in connection with their 19 the magnitude of the decrease in average pressure 20 statistical significance analysis, right? 20 between the Patriots and the Colts footballs as 21 measured at halftime was determined to be 22 statistically significant, regardless of which 23 gauges were used pre-game and at halftime. 24 Therefore, the reasons for this difference were an 25 appropriate subject for further investigation." 21 22 A. did not include timing. 23 24 I don't understand your question. The model MR. REISNER: Can we hand the witness a copy of the Exponent report. 25 MS. GOLD: It's Tab 1 (handing). CROSS/SNYDER/REISNERPage 199 1 CROSS/SNYDER/REISNERPage 201 Q. So you understand that the Exponent report 1 Does that refresh your recollection that the 2 consisted of at least three components: A 2 entire model of the Exponent study was to look at 3 statistical significance analysis, a transient 3 statistical significance first to see whether there 4 analysis and game-day simulations? 4 was something to be studied further and then to I don't -- I don't understand your first 5 conduct experiments? 6 characterization. They did an analysis of the 6 7 difference in difference. They tried to explain it 7 it. I mean, you read the Exponent report. I gave 8 and they didn't include timing. 8 you the quotes. They say that timing, minute by 9 minute, matters. But when they decide whether they 5 A. 9 That's not the first -- that's not how I A. If that's the logic, I just don't understand 10 would characterize the first component of their 10 have a significant result or not, and they base 11 work. That's what they said was their most 11 conclusions on it, their own model, you just read 12 significant work. I think -- 12 the first page of the appendix and they didn't 13 include it as an explanatory variable in their own 14 model. 13 14 15 16 Q. Show me where in the report it says that's their most significant work. A. I think it's in my slides. Q. I didn't ask you about your slides. Where in 15 Just look at Table A3. Look at their 16 equation. If you can show me -- if anybody can show 17 their report does it say it's their most significant 17 me that in their statistical model that they used 18 work? 18 timing after stating and proving to the world that 19 timing matters, then I will change my view. But the 19 A. It's the quote on my slide that identifies 20 the difference in average pressure drops, Exponent 20 basic thing, and you don't have to be an expert in 21 Scenario 2. 21 anything other than statistics or econometrics to 22 know this. 22 It says, "What is most significant about the Q. You did not read the report as structured, 23 halftime measurements is that the magnitude of the 23 24 reduction in average pressure was greater for the 24 first, let's see whether there is a statistically 25 Patriots football." 25 significant difference? Without -- 06/25/2015 03:43:11 PM Page 198 to 201 of 457 54 of 172 sheets CROSS/SNYDER/REISNERPage 202 1 2 3 4 A. Q. A. Q. CROSS/SNYDER/REISNERPage 204 Without taking into account timing -- 1 Let me just finish my question. 2 Oh, I'm sorry. 3 If, yes, then let's conduct experiments to 4 Q. But they included timing in other aspects of their work, didn't they? A. I'm sorry. Yes, they did side analyses throughout. Q. What makes you call them "side analyses"? 5 see what is responsible for the difference. That's 5 6 not the way you read the report? 6 Where are they called side analyses in the report? 7 A. That's my characterization. Q. Okay. A. And I believe -- I believe -- it's a fair 7 8 9 A. Your characterization is incorrect. Q. I'm just asking whether you read the report. A. Excuse me. You are saying they first did a 8 9 10 model to figure out if it was statistically 10 point. I believe that the core analysis here is the 11 significant. The model didn't include timing. It's 11 difference in difference analysis. I think any fair 12 not like they said we have a statistically 12 reading of their report indicates that the 13 significant result independent of a model. They 13 difference in difference analysis is the core and 14 included variables to explain it, right? 14 their model excluded timing. Q. And you understand that they conducted 15 That's what their model does and they left 15 16 timing out. So they only got to, I think we agree 16 17 they only got to a statistically significant result 17 18 by excluding timing. 18 Figure 22, which tells you timing should be 19 included. 19 Q. We don't agree. And A3 and the model that transient experiments, right? A. Transient experiments is what generated Q. And the purpose of the transient experiments 20 you are referring to, that's included in Appendix A 20 21 to their report, correct? 21 was to determine the impact of timing of the 22 halftime measurements on air pressure levels, 23 correct? 22 23 24 25 A. That's their model. That's the model they ran. Q. But my question is: That's included as 24 25 Appendix A to their report, correct? A. Yes. Q. And from reading the Exponent report, you CROSS/SNYDER/REISNERPage 203 1 CROSS/SNYDER/REISNERPage 205 A. Yes, A3, yes, that identifies the model that 1 understood that the main focus of the transient 2 they ran that generated their so-called 2 experiments was to determine whether the timing of 3 statistically significant result. 3 the halftime measurements could explain the 4 difference in the pressure drops observed between 5 the Patriots' balls and the Colts' balls? That was 6 your understanding from reading the report, right? 4 5 6 7 8 9 Q. And that appendix is referenced in connection with their statistical significance analysis, right? A. No. That's their model. That's their model 7 to explain the difference in difference. Q. And your criticism is that Exponent didn't take into account timing appropriately, right? A. I couldn't tell what they were doing with 8 that. And when you say "explain," there was 9 language to the effect could they explain fully, 10 A. When they tested -- when they did their 10 11 difference in difference analysis, you look at the 11 12 equations. If I could refer you to the appendix. 12 Exponent what they were trying to do and if they 13 were trying to set up an experiment that used timing 14 to explain everything. 13 14 15 16 17 18 Q. It would be better if you could answer my question. MR. GREENSPAN: And I would ask you to just let him answer the question. MR. LEVY: Knock it off. A. When you say their analysis of statistical under certain parameters. So I think, I think you would have to ask 15 But it was different, I agree, from the 16 difference in difference analysis that was featured 17 in their report on which they claim they had 18 statistically significant results. 19 significance, that's an error. That's simply an 19 Q. Okay. So let me ask you to turn to page 43 20 error, okay? They do an analysis to explain the 20 of the Exponent report. And fourth paragraph down, 21 difference in difference and they don't include 21 second sentence, third sentence referring to the 22 timing. And on that basis, they conclude that it is 22 transient experiments, "Therefore, the main focus of 23 statistically significant and then they say that 23 the transient experiments was to determine if 24 there's a finding that follows that. It's a finding 24 variation in measurement timing was sufficient to 25 that is flawed. 25 explain the variation in the observed differences 55 of 172 sheets Page 202 to 205 of 457 06/25/2015 03:43:11 PM CROSS/SNYDER/REISNERPage 206 CROSS/SNYDER/REISNERPage 208 Q. Can you answer my question without looking at 1 than the average pressure drops between the teams 1 2 given the range of likely environmental factors 2 3 present on game day and the realistic timing of 3 A. No, I can't, because I spent a lot of time 4 measurements given the sequencing and duration of 4 trying to get this right. And it's very clear that 5 the various events known to have occurred at 5 their finding on statistical significance is what 6 halftime." 6 leads to their "therefore" statement. So you might 7 as well just refer to the slides. I think you get the best -- the best guidance. 7 So was it your understanding that the purpose your slides? 8 of the transient experiments was to determine 8 9 whether the timing of the halftime measurements 9 10 could explain the difference in the pressure drops 10 comes from the Exponent report and not your slides 11 observed between the Patriots' balls and the Colts' 11 as to what Exponent studied. And the question is -- 12 balls? 12 Q. Well, I think, frankly, the best guidance A. It's a quote from Exponent. Q. -- did Exponent rely on their statistical 13 A. I think a fairer reading of this statement, 13 14 which I think is revealing, is that they were trying 14 analysis of the data to reach conclusions as to the 15 to do these other analyses and determine whether 15 likelihood of tampering, or did they rely on other 16 these transient analyses were sufficient on their 16 aspects of their experimental work, if you know? 17 own to explain the difference in difference. 17 18 19 20 Q. That's your interpretation or that's what it 18 19 says in the report? A. Well, it says right here, "The main focus of 20 A. I will just read what Exponent stated based on their difference in difference analysis. Q. Do you have a page number for what you are reading? 21 the transient experiments was to determine if 21 A. Yes, Exponent report, Table 8 on page 11. 22 variation and measurement timing was sufficient to 22 Quote, "In other words, in all cases studied, the 23 explain." 23 additional pressure drop exhibited by the Patriots' 24 footballs is unlikely to have occurred by chance." It doesn't say "partially explain" or whether 24 25 it's a relevant variable. It doesn't say whether 25 Q. "Unlikely to have occurred by chance," CROSS/SNYDER/REISNERPage 207 CROSS/SNYDER/REISNERPage 209 1 timing should be included in the analysis. It 1 doesn't say anything there about likelihood of 2 doesn't say because it's not sufficient, we are 2 tampering or human intervention, does it? 3 going to exclude it. 3 It just says we are going to do this test to 4 4 A. I will let -- I will let other people figure out what they were intending to state there. 5 see if timing is sufficient to explain, and I think 5 Q. I think what they were intending to state is 6 it's a fair reading -- 6 what they stated, and it doesn't refer to likelihood 7 of tampering, does it? Does it refer to likelihood 8 of tampering? 7 8 9 Q. Yes. A. -- everything. Q. And so you are not suggesting, Dean Snyder, 9 A. I don't have an answer to that one. Q. Are there other aspects of the Exponent 10 that Exponent failed in its work to identify and 10 11 consider the timing of the measurements as a factor 11 report that do directly address likelihood of 12 to be considered? You are not suggesting that, 12 tampering based on experiments conducted and 13 right? 13 analyses of data generated based on those 14 experiments? 14 15 16 A. In their core analysis, exactly. Q. You are calling it a core analysis, but in 15 16 their statistical significance analysis, correct? A. Q. A. Q. I don't know what you are asking me. I'm asking you just what I asked you. 17 A. That's not the right term. I'm sorry to -- 17 18 to -- to correct you on this. They had a difference 18 19 in difference analysis on which they reached their 19 asking: Do you know based on your review of the 20 core findings that there was this -- this didn't 20 Exponent report whether there are other portions in 21 happen by chance. 21 their report in which they do draw conclusions about It's just a general question. It's really not a general question. I'm 22 Q. Did they use their statistical significance 22 likelihood or probability of tampering based on 23 analysis to reach conclusions as to the likelihood 23 experimental results? 24 of tampering? 25 A. Well, I think I have it in my slides. 06/25/2015 03:43:11 PM 24 25 A. I don't think. Q. You don't remember? Page 206 to 209 of 457 56 of 172 sheets CROSS/SNYDER/REISNERPage 210 1 CROSS/SNYDER/REISNERPage 212 A. I don't know what -- I don't know what -- I 1 Appendix A, right? A. Well, the core of their work in Appendix A 2 don't even understand the question. I view this as 2 3 the standard approach when you find statistically 3 explains how they -- the details of their model, 4 significant results to draw conclusions. And I 4 which is discussed at length. In the appendix, they 5 think this is exactly the conclusion that they were 5 also refer to unreported results in a footnote. I 6 drawing. 6 think you are talking about a footnote where they 7 discuss unreported results. 7 And I think any reasonable reading of it 8 speaks to the issue of whether this extra deflation 8 9 was the result of chance or something else. You are 9 There is no equation. There is no table and it's not timing. It's order of football 10 telling me, well, it doesn't say "tampering." I 10 measurement. And I would be happy to find it. It 11 understand that. But I will just let other people 11 actually is a very interesting statement on their 12 read this. 12 part. 13 14 15 16 17 18 Q. But something else could be timing, right? A. Does it say "timing"? Q. It says, "It is unlikely to have occurred by chance and further study is warranted." And timing was studied, right? A. And why not include timing in the original 13 Q. It's at Page A3 of their appendix and it's at 14 Footnote 49. And when you look at that footnote, 15 isn't it a fact that, "Exponent explicitly took 16 account of time effect in their statistical analysis 17 by incorporating an order effect into their model to 18 determine whether any portion of observed 19 model? They have a list of variables that they 19 ball-to-ball variation and pressure was explained by 20 include in their original model, but they excluded 20 the order of measurements"? 21 timing. Isn't that the key thing here? 21 Isn't that right? 22 Why go to a side analysis and say timing is 22 23 sufficient to explain everything? Put it in your 23 24 original model. Come on. And, yes, I'm a member of 24 25 the Econometrics Society in the past. Any graduate 25 A. Here's the -Q. Is that right? Is that what that footnote says? A. You said "timing" in your question. That's CROSS/SNYDER/REISNERPage 211 CROSS/SNYDER/REISNERPage 213 1 student in statistics or econometrics would know 1 2 this is wrong. This is a restriction. This is 2 3 saying timing is unimportant despite reading the 3 any time effect in our statistical analysis, we 4 Exponent report. It's timing all over the place. 4 incorporated an order effect into our statistical 5 Q. Well, I would move to strike if this were in 5 model to determine whether any portion of the 6 observed ball-to-ball variation in pressure was 7 explained by the order of measurements." 6 7 real court, but I won't move to strike. But I'm sure Exponent will not describe their 8 other work as a side analysis and would describe 8 9 their work quite differently than you are describing 9 10 it. And I think we will have the opportunity to 10 11 hear from them. 11 12 12 Didn't even the statistical significance 13 analysis used by Exponent incorporate something 13 14 called an order effect to account for the timing of 14 15 the ball measurements at halftime? 15 not timing. It's order of measurements. Q. It says "timing." It says, "To account for A. Are you just asking me is that what it states? Q. Well, is that what it states? A. It is. That's what they've stated. Q. And that incorporated the concept of timing into their statistical model, didn't it? A. No. Here's what this did. Q. That's fine. I will just leave it right 16 A. When you talk about the analysis on which 16 17 they reached their conclusions, no. They did do a 17 18 separate analysis to which they referred, I think, 18 point. It's not timing. It's order of ball 19 in the appendix in a particular footnote at the very 19 measurement. That's the so-called explanatory 20 end where, instead of evaluating timing, they took 20 variable. And the variable that they are trying to 21 the order of the balls and they discussed unreported 21 explain, the so-called dependent variable, is not 22 results. 22 the difference in average pressure drop. 23 Q. And what you referred to as their appendix at there. A. I would like to explain. It's an important 23 It's not the difference in difference 24 the very end, right now in your answer is what you 24 analysis. It's ball-to-ball variation, which we 25 previously described as the core of their work in 25 know is subject to so much measurement error that 57 of 172 sheets Page 210 to 213 of 457 06/25/2015 03:43:11 PM CROSS/SNYDER/REISNERPage 214 1 2 3 4 5 6 7 8 9 CROSS/SNYDER/REISNERPage 216 1 I'm not surprised it doesn't explain that. Q. 2 But it takes time to measure ball 1 through ball 15, correct? A. Are ball 1 and 15 all measured at the same increments in time? That embodies an assumption. Q. This is just consistently applying the master gauge correction to both the halftime measurements 4 of the game balls and to the starting value, which 5 does have the effect that you just described. Q. So your assumption is that, the assumption in 7 your analysis is when the balls were delivered by Yes. 8 the Patriots to the refs pre-game, that the psi Do you know, based on the report, 9 measurement of the balls was 12.17, correct? ball 1 through ball 15? A. Q. A. 3 6 My question is, did it take time to measure 12.17 psi, right? A. 10 approximately how much time it took to measure from 10 11 ball 1 through ball 15? 11 I'm not going to quibble too much. It's basically 12 right. There were some adjustments by 13 Mr. Anderson -- 12 13 14 15 16 A. Well, there's uncertainty. That's what the -- that's what the report says. We don't know. Q. 14 And there are estimates in the report about 15 how long it took, correct? A. It's a little -- there are a few side issues. Q. Yes. A. -- to get the balls using one of the gauges Under certain assumptions. And this, this 16 to what he thought was about, according to the 17 analysis does not play it out. They don't explain 17 record, about 12.5. What this means is, if he used 18 whether they took those different assumptions into 18 the logo gauge, this is just sort of basic 19 account. 19 subtraction, if he used the logo gauge to get those 20 Patriots' balls calibrated to 12.5, and that logo 20 Q. But you will agree, won't you, that it had to 21 take some time to gauge 15 balls going from 21 gauge reads about .3, a little bit more than .3 22 ball 1 -- 22 above 12.5, then the effective starting value is 23 A. Q. A. Yes. 23 what you said. -- to ball 15, correct? 24 Yes. 25 24 25 Q. 12.17, right? A. Correct. CROSS/SNYDER/REISNERPage 215 1 2 3 Q. CROSS/SNYDER/REISNERPage 217 1 So whatever time it took, you would expect it to be reflected in the ball data, correct? A. Q. So you understand that according to the 2 Patriots themselves, the psi level at which they Well, certainly time, it takes time to gauge 3 delivered game balls to the referee for the AFC 4 balls. But again, the dependent variable here has 4 Championship Game was not 12.17, right? 5 nothing to do with a difference in difference 5 6 analysis. It has to do with the ball-to-ball 6 gauge they used and we don't know if their gauge had 7 differences. 7 the same kind of differential that the logo gauge 8 had versus the non-logo gauge. 8 9 That's what -- I can read it again, but 9 you've already put it into the record. It's not -- A. They used a gauge and we don't know what Q. My question really went to your understanding 10 it's not a test of -- it's not a check on their 10 of the psi level that the Patriots said they 11 difference in difference analysis. 11 delivered the ball to the ref pre-game. 12 Q. 12 And in their -- in their transient analysis, And my question is, do you understand that 13 Exponent expressly took account of the full period 13 the Patriots say that the psi level that they set 14 of halftime and expected psi levels of the Colts' 14 the balls to before the game was 12.5 or 12.6? Is 15 balls and the Patriots' balls based on the testing 15 that your understanding of the Patriots' position? 16 that they performed, didn't they? 16 17 18 A. Q. Yes. 17 Now I want to focus your attention on 18 A. With their -- with whatever gauge they used, that's their understanding, you are right. Q. So the answer to my question is yes, that's 19 Finding 3 in your deck. Finding 3 says, "If the 19 20 logo gauge was used to measure the Patriots' balls 20 21 before the game, then eight of the eleven were above 21 We don't know if that was giving accurate measures 22 Exponent's expected outcome. 22 or not. 23 23 Now, to reach this conclusion, your analysis 24 assumes that the actual or true pressure of the game 24 25 balls delivered to the referee by the Patriots was 25 06/25/2015 03:43:11 PM your understanding? A. Yes, but we don't know what that gauge was. Q. The Patriots didn't say that they delivered the balls to the ref at 12.17, right? A. Page 214 to 217 of 457 Correct. And we don't have -- correct. 58 of 172 sheets CROSS/SNYDER/REISNERPage 218 CROSS/SNYDER/REISNERPage 220 1 Q. And you know that the NFL playing rules 1 Q. In your conclusion that, "Eight out of eleven 2 require that balls be between 12.5 and 13.5 psi, 2 were above Exponent's expected outcome," "expected 3 correct? 3 outcome" means based on an application of the Ideal 4 Gas Law, correct? 5 A. Correct. Q. So your analysis basically assumes that the 6 Patriots delivered game balls to the referee before 6 7 the game that were underinflated in violation of the 7 A. And if they -Q. Can you answer that question "yes" or "no"? A. No, I can't, because there are two parts to 8 rules? 8 establishing the relevant scientific threshold given 9 Exponent's own methodology. One is to do the math 4 9 5 A. No. It means that if they used a gauge that 10 was like the logo gauge, they would have delivered 10 on the Ideal Gas Law correctly. The other is to do 11 balls that were 12.5 and they didn't know it. 11 the math on the conversion consistently. They 12 Q. How about if they used a gauge that was like 12 didn't do the latter. I'm just correcting the 13 the dozens and dozens and dozens of gauges that 13 latter. 14 Exponent studied as part of its work in this case, 14 15 all of which read relatively close to the master 15 not, in practice, going to yield a directly relevant 16 calibrated gauge? 16 measure because the balls were not tested on the Q. Would you agree that the Ideal Gas Law is 17 field at 48 or 50 degrees, but tested subsequently 18 dozens and dozens and dozens of gauges? Would the 18 in the locker room at a warmer temperature? 19 reading have been 12.17 or would the reading have 19 20 been 12.5 or 12.6? 20 prior to this whole issue, understood -- they 21 understood the Ideal Gas Law, but that's a sort of 17 21 What if they used one of those dozens and A. Clearly if they used the new gauges bought by A. I think that's true. I don't think anybody, 22 Exponent through particular sources that were all 22 abstract law. How that law actually applies to 23 alike, that would be true. But we don't know what 23 footballs being brought in from the field, that's 24 Patriots' gauge was used and there is no basis in 24 all, you know, Exponent had to do the transient 25 the report. 25 analysis to understand how footballs would react CROSS/SNYDER/REISNERPage 219 1 CROSS/SNYDER/REISNERPage 221 And this is just part of the problem that you 1 when they were brought in and warm up and dry. Q. Exactly, which is why the Ideal Gas Law 2 get into when you go down these rabbit holes. You 2 3 don't have the Patriots' gauge. You don't know if 3 itself only has theoretical applicability to this 4 that was an older gauge. There's evidence to 4 problem and not practical applicability, because the 5 indicate that older gauges read higher than new 5 balls were not measured at some frozen temperature 6 gauges. 6 at the end of halftime outside, but had an 7 opportunity to warm to some degree, fair? 7 Exponent collected a bunch of new gauges and 8 said, oh, new gauges, fine. No surprise there. I'm 8 9 not -- I'm not quarreling with this. It's just the 9 A. I think that's a fair point. Q. In any event, you concede that if the 10 major point here is there are just so many 10 non-logo gauge was used pre-game, application of the 11 uncertainties. 11 Ideal Gas Law cannot account entirely for the 12 pressure drops observed in the Patriots halftime measurements, correct? 12 Q. Again, I just can't resist to move to strike, 13 but I don't know whether that's applicable in this 13 14 proceeding or not. 14 15 15 Part of your analysis in your finding or 16 criticism 3 is an application of the Ideal Gas Law, 16 17 right? 17 18 19 20 21 22 A. No. I think that's just math. They are just doing math there. Q. But the math is plugging numbers into the Ideal Gas Law formula, isn't it? A. I'm not quarreling with the math on the Ideal want to be clear -- the analog to -- Q. Your criticism doesn't apply to the use of the non-logo gauges used pre-game, correct? 18 A. That's correct. This is their structure. 19 The mistake on the inconsistent master gauge 20 conversion is only substantively important under the 21 assumption that the logo gauge was used, not under 22 the assumption that the non-logo gauge was used. 23 Gas Law formula, I'm only quarreling with their 23 24 inconsistency in applying the master gauge 24 25 conversion. 25 59 of 172 sheets A. You are talking about the analog to -- I just Q. And just flipping back for a moment to your criticism 1, what you call Case 1. Page 218 to 221 of 457 COMMISSIONER GOODELL: Where? 06/25/2015 03:43:11 PM CROSS/SNYDER/REISNERPage 222 1 2 3 CROSS/SNYDER/REISNERPage 224 MR. REISNER: This is at page 3437, Bates Number 3437 in this deck. Q. 1 variability, they were doing it based on the raw 2 data, correct? 3 When you recalculate the statistical 4 significance analysis by Exponent, you yield a 4 5 p-value of .067, correct? 5 6 7 A. Q. Yes. 6 And is it fair to say that that p-value means 7 A. I don't even know what that means, "on the raw data." Q. Based on the halftime measurements and only the halftime measurements. A. I'm just lost. They compared the variance 8 that there's a 6.7 percent likelihood that chance 8 and they didn't find a statistically significant 9 explains the variation and a 92.3 percent chance or 9 difference, even after they had flipped the Colts' 10 11 12 10 ball number 3, which reduced the variance in the Correct. 11 Colts' balls measurements. Just a couple of questions about your finding 12 likelihood that chance does not explain the outcome? A. Q. Q. And when they reported their observations on 13 Number 2, which looking at the front page of your 13 variability later in the report on page 62, they 14 deck says, "Exponent improperly draws conclusions 14 weren't just relying on the raw halftime data; they 15 based on the variability in halftime pressure 15 were also relying on learning from the transient 16 measurements despite conceding that variability is 16 experiments that they performed, correct? 17 statistically significant." 17 18 18 The conclusion that you are challenging, A. I'm not sure if I am following your question. I'm happy to look at page 62. Q. Look at page 62 of the report. Page 62 last 19 Dr. Snyder, is the statement by Exponent at page 62 19 20 of its report that, "Therefore, subject to the 20 paragraph, first sentence, "The fluctuations in 21 discovery of an as-yet unidentified and unexamined 21 pressures" -- 22 factor, the most plausible explanation for the 22 23 variability in the Patriots halftime measurements is 23 I was on the wrong page. If you could just pause a 24 that the eleven Patriots' footballs measured by the 24 second; yes. 25 officials at halftime did not all start the game at 25 A. I'm sorry, sir, sorry to interrupt. I see. Q. Reading at the first sentence in the last CROSS/SNYDER/REISNERPage 223 1 2 3 4 5 CROSS/SNYDER/REISNERPage 225 1 paragraph on page 62, "The fluctuations in pressures Well, that's true. 2 between the pairs of Patriots' football measurements Is that the conclusion that you are 3 highlighted in Table 15 exceed those expected based 4 on the transient curves." or near the same pressure," right? A. Q. challenging? A. Well, it's two things. One, is they proceed 5 Does that refresh your recollection that in 6 with a conclusion without having found a 6 making their conclusions and stating their 7 statistically significant difference. And then, 7 observations as to variability later in the report, 8 secondly, when they say, "As-yet unidentified and 8 they didn't rely simply on the raw halftime data, 9 unexamined factor," they examined timing. It was 9 but also on the learning that they obtained based on 10 right there in their own Figure 22. They just 10 11 didn't bring it up. 11 12 Q. Well, but that's not really fair. When they their transient experiments? A. I guess you would have to ask them exactly 12 what their bases were and if they were willing to 13 determined absence of statistical significance as to 13 say we didn't find this statistically significant 14 variability, they were just looking at the raw data, 14 difference, but then for some other work that they 15 right? 15 did, they were willing to reach this conclusion. 16 17 18 A. Q. A. Q. Okay. We'll do that. I don't know why that's not -- 16 Can you answer? 17 MR. REISNER: Nothing further at this time. What I said was fair. It's exactly fair. 18 MR. GREENSPAN: Nothing from me. COMMISSIONER GOODELL: Thank you. Appreciate 19 They set up statistical significance as a standard. 19 20 They used it in their difference and difference 20 21 analysis and then they dropped it for this and they 21 22 went on to make an inappropriate conclusion and they 22 23 ignored timing. 23 housekeeping. Mr. Levy indicated to me that you Okay. When they made their lack of 24 didn't have copies of the Declaration of Robert statistical significance finding with respect to 25 Kraft and the two declarations of Mr. Maryman, so 24 25 Q. 06/25/2015 03:43:11 PM your time. THE WITNESS: Thanks, Mr. Commissioner. MR. KESSLER: Let me just do some Page 222 to 225 of 457 60 of 172 sheets CROSS/SNYDER/REISNER Page 226 1 DIRECT/VINCENT/KESSLERPage 228 1 let me just identify that. 2 2 The Kraft Declaration is NFLPA 168 and the 3 Maryman Declaration is NFLPA 4 and NFLPA 6. And the 3 4 next witness we would call is Mr. Vincent, if you 4 5 want to proceed right to that. 5 6 COMMISSIONER GOODELL: Yes. 6 7 MR. KESSLER: I'm just going to note for the 7 Q. Mr. Vincent, would you please state your name for the record. A. Troy Vincent. Q. And, Mr. Vincent, what is your current occupation? A. I am the Executive Vice President of Football Operations here at the National Football League. 8 record, we have been keeping count. We have the NFL 8 Q. Could you please tell us what are your 9 at one hour and 45 minutes out of their two-hours' 9 responsibilities as the Vice President For Football 10 10 allotment that you gave to them. 11 And what do we have for ours, Heather? We 11 Operations? A. My responsibility and our department is 12 will tell you ours in a second to see if we are 12 charged with preserving the integrity of the game, 13 correct. 13 overseeing all of football operations, day of the 14 game, uniform violations. 14 MR. LEVY: I think it's two hours and Q. So that would include basically everything 15 42 minutes, but I am keeping track. But as noted in 15 16 my correspondence, the Commissioner is inclined to 16 17 grant at least another hour on the end and is 17 18 willing to show flexibility at the end of that hour. 18 A. It's fair. Q. And that would include the referees' testing 19 So we should continue to proceed ahead here. that happens on game-day; is that fair? 19 of footballs? That would be something within your 20 MR. KESSLER: I just want to be clear about 20 personal jurisdiction; isn't that correct? 21 this because I have been planning my examination 21 22 based on that I would have to make some good cause 22 A. Yes, sir. Q. And would you be the most senior person, 23 showing as you indicated for something else, and 23 short of the Commissioner, who is responsible for 24 there are additional witnesses that I would call. 24 that particular set of activities? 25 If I'm going to just automatically be granted, you 25 A. Dean Blandino would be the other. DIRECT/VINCENT/KESSLERPage 227 DIRECT/VINCENT/KESSLERPage 229 1 know, an hour, at least, then I have got more people 1 2 to call about this. I'd just like to be advised 2 3 about what my rules are. That's, I think that's 3 4 fair. 4 Q. A. Q. A. Q. I'm sorry; who was that? Dean Blandino, head of officiating. Does he report to you? Yes, sir. 5 MR. LEVY: You have got at least another 5 6 hour, and we will be flexible beyond that. If you 6 there is no one more senior to you responsible for 7 have got other witnesses to call, have them 7 how the officials would test game balls than 8 available. 8 possibly the Commissioner; isn't that correct? Okay. So again, I'm just trying to think, 10 that I would like two additional witnesses I 10 A. That's correct. Q. Okay. So let me ask you first, Mr. Vincent, 11 mentioned, and so I assume they are here, so I will 11 how did you first learn that there was any issue or 12 call them if I now have the time to do it. Let me 12 allegation about the footballs that the Patriots 13 see how it proceeds with Mr. Vincent and Mr. Wells 13 were using in the AFC Championship Game? 14 and I will see how much time I have used up. 14 9 15 16 17 18 19 MR. KESSLER: Okay. Well, I've already asked MR. LEVY: Jeffrey, who are the two additional witnesses? MR. KESSLER: Dr. Marlow and Mr. Gardi, both of whom I believe are here. COMMISSIONER GOODELL: Go ahead, please. 9 A. It was first brought to my knowledge 15 approximately six or seven minutes remaining in the 16 second half [sic] of the AFC Championship Game. 17 There was a knock on the door by the General 18 Manager from the Indianapolis Colts, Ryan Grigson. 19 He proceeded in the room and he brought to myself, 20 T R O Y V I N C E N T, called as a witness, having 20 and Mike Kensil was actually sitting to my left, and 21 been first duly sworn by a Notary Public of the 21 said, "We are playing with a small ball." That was 22 State of New York, was examined and testified as 22 my first knowledge of the situation. 23 follows: 23 24 DIRECT EXAMINATION BY 24 having made allegations before the game started 25 MR. KESSLER: 25 prior to that time? 61 of 172 sheets Q. You had never heard anything about the Colts Page 226 to 229 of 457 06/25/2015 03:43:11 PM DIRECT/VINCENT/KESSLERPage 230 1 2 3 4 DIRECT/VINCENT/KESSLERPage 232 A. No, sir. Q. Okay. And what did you do after -- 1 2 COMMISSIONER GOODELL: Did you say "second 3 4 half"? 5 THE WITNESS: It was second quarter. 5 6 COMMISSIONER GOODELL: Second quarter. 6 7 Q. What did you do after you received this 7 8 allegation from the Colts in the second quarter of 8 9 the game? 9 game? A. There's one gauge, yes, sir. Q. There is one gauge or multiple gauges? A. Well, there's two, two gauges, but they use -- they use the one gauge to test. Q. Right. But you knew there were two types of gauges that could be used? A. Not types. I know that there are two gauges that are on the premises. 10 A. So immediately as Ryan stepped out of the 10 11 room, I turned to my left and I just told Mike that 11 12 during halftime we should probably look at testing 12 13 all of the balls from both sidelines. And at that 13 14 particular time, he was on the phone with our 14 game as to whether they should use a logo gauge or a 15 sideline officials putting steps in order. 15 non-logo gauge to test? 16 17 18 Q. So you were the one who made that decision for that testing to be done? A. From inside the box, both Mike and I, we both Q. The logo gauge and what we are calling the non-logo gauge? A. Yes. Q. Did officials have instructions prior to this 17 A. Not to my knowledge. Q. Okay. Were they asked to record anywhere in 18 writing which gauge they used when they were doing testing? 16 19 agreed that this should take place, yes, sir. 19 20 Q. Okay. Now, prior to this time, when this 20 21 happened, were you familiar at all with the 21 A. Not to my knowledge. Q. Okay. Were there any steps taken to preserve 22 procedures that the officials utilized for testing 22 gauges as they were utilized to keep them somewhere? 23 pressure in footballs at games? Was that something 23 24 you were familiar with or was this the first time 24 25 you became familiar with that? 25 A. The referee usually keeps them. Q. The referee usually keeps his own gauges? A. Yes. DIRECT/VINCENT/KESSLERPage 231 DIRECT/VINCENT/KESSLERPage 233 1 Q. Now, with respect to whether the balls were 2 with the game-day process of the testing of game 2 wet or dry, do you know if there were any procedures 3 balls on game day, yes, sir. 3 prior to this to record if a ball was wet or dry at 4 the time it was being tested for pressure? 1 4 5 6 7 A. No, I'm actually familiar, I was familiar Q. Okay. So prior to this game, okay, had you 5 ever heard of the Ideal Gas Law? A. No, sir. Q. Do you know if anyone in the NFL Game-Day 6 A. No, sir. Q. Okay. How about the timing of when the 7 testing was done? Was it ever instructed you should 8 Operations had ever discussed the impact of the 8 record what minutes the test was done so you could 9 Ideal Gas Law in testing footballs? 9 see how long the ball was in the room at the time of 10 11 12 13 A. Q. A. Q. Not with me. 10 You had never heard of that? 11 I hadn't. 12 Okay. Now, in the procedures that were set 13 14 up prior to this game, okay, were there ever any 14 15 procedures where the referees were told they should 15 16 record temperature inside the room while they were 16 17 testing each football? Do you know if that was ever 17 18 an instruction given to the referees that they 18 19 should write down temperature or take temperature? 19 20 21 22 23 A. Q. A. Q. testing? A. No, sir. Q. Okay. COMMISSIONER GOODELL: Mr. Kessler, just so I'm clear, are you talking about pre-game? MR. KESSLER: Yes, I'm talking about pre -about the whole game. Q. My questions apply to the whole game. You understand that? A. Okay. Q. In fact, let me ask you, prior to this game, No, sir. 20 Okay. That was not done? 21 was it routine or required for balls to be tested No, sir. 22 again at halftime, or was that only for this game? Okay. How about recording? Did you know 23 A. No, there was no routine. It was just 24 that they used multiple gauges sometimes, different 24 protocol was to test two hours and 15 minutes prior, 25 types of gauges to test footballs prior to this 25 but it was brought to our knowledge that potentially 06/25/2015 03:43:11 PM Page 230 to 233 of 457 62 of 172 sheets DIRECT/VINCENT/KESSLERPage 234 1 2 3 4 5 DIRECT/VINCENT/KESSLERPage 236 there could have been a violation. Q. Okay. So in all other NFL games generally, there is no testing at halftime at all, correct? A. No, because we typically don't have a breach 1 the second quarter, the Patriots had the football 2 time in possession for a much longer period of time 3 than the Colts? 4 5 with a game ball violation. A. No, sir, I don't recall that. Q. Let me represent to you, according to League 6 Q. Okay. And there is typically no testing 6 official statistics, the Patriots had the ball for 7 after the end of the game regarding footballs, 7 10:18 and the Colts had it only for 4:42, okay? So 8 either, correct? 8 let's assume that the League statistics are correct, 9 okay? You are a former player, correct? 9 A. No, sir. Q. So the only testing the NFL had in place was 11 the testing before the game started as a routine 11 A. That's what they say. Q. Based on your years of experience as a 12 matter? 12 player, okay, is it correct that when the team has 13 the ball in offense, okay, the ball is out of the 14 bag and being used, but when you are on defense on a 10 13 14 A. Protocol, before the game. Q. Now, at the time that was true, did you know 10 15 that the footballs were automatically going to lose 15 rainy day, the balls are generally kept in the bag; 16 pressure if it was cold outside compared to how warm 16 is that fair? 17 it was inside? Was that ever something you thought 17 18 about prior to this game? 18 A. My understanding, yes. Q. Okay. So is it also fair based on your 19 experience that if the Patriots had their balls in 20 play for ten minutes and 18 seconds while the Colts 21 only had their balls in play for four minutes and 22 42 seconds in the second quarter, it was very likely 23 that the Patriots' balls were going to be wetter than the Colts' balls; is that fair? 19 20 21 22 23 A. No, sir. Q. Okay. Now we then get to the halftime. You were present for the halftime testing, correct? A. Yes, sir. Q. And is it fair to say you did not tell 24 anybody to record the temperature in the room at the 24 25 halftime testing, correct? 25 A. Possibly, yes. DIRECT/VINCENT/KESSLERPage 235 1 2 3 4 5 DIRECT/VINCENT/KESSLERPage 237 A. No, sir. Q. And nobody recorded the temperature in the room at the halftime testing, correct? A. Not to my knowledge. Q. Right. You didn't tell anybody to record the 1 Q. Okay. And it's also true that some balls may 2 stay in the bag the whole time for both teams and 3 just be dry because they never came out of the bags, 4 right? 5 A. Possible. Q. And when this testing was done, no one told 6 exact time when different balls were tested at the 6 7 halftime, correct? 7 the referees, hey, see if it's a dry ball and note No, sir. 8 that or if it's a wet ball, right? No one was asked And to your knowledge, nobody recorded that? 9 to record that? 8 9 10 11 A. Q. A. Q. Not to my knowledge. 10 You didn't tell anybody to record whether or 11 A. Not to my knowledge. Q. And the reason for no one doing this is 12 not the balls were tested on the Colts before 12 because neither you nor anyone else was thinking 13 reinflating the Patriots' balls or after? You 13 about the Ideal Gas Law or how time or temperature 14 didn't instruct anybody to record that anywhere, 14 or wetness my affect these readings, right? 15 correct? 15 16 17 18 19 20 A. No, sir. Q. And to your knowledge, it was not recorded 16 anywhere? A. Not to my knowledge. Q. Okay. You didn't instruct anyone to indicate A. Correct. Q. Okay. Now, let me show you the following, 17 which is NFLPA Exhibit 136. You will recognize 18 what's attached to this is a letter from Mr. Gardi 19 sent to Mr. Kraft on 19th. Do you see that? 20 A. Mm-hmm. Q. Now, did Mr. Gardi do this on his own, make 21 whether the balls were wet or dry at the time they 21 22 were being tested, correct? 22 this decision, or did you participate in the 23 decision to start this investigation by NFL security 24 that is described here? 23 24 25 A. No, but most were wet. Q. Most of the balls were wet? Let me ask you about that. Do you recall during the game that in 63 of 172 sheets 25 A. We spoke about this prior to game time on my Page 234 to 237 of 457 06/25/2015 03:43:11 PM DIRECT/VINCENT/KESSLERPage 238 DIRECT/VINCENT/KESSLERPage 240 1 way back to the hotel that we tested game balls 1 measurements which you signed, I believe that is on 2 during halftime. And because the Patriots had 2 page 266. And that's also your signature, correct? 3 eleven game balls that were under compliance, that 3 4 this may -- we may need to do potential further 4 5 investigation. 5 measurements on the right-hand side, the ones by 6 Mr. Prioleau? Do you see that? 6 So Dave and I and others on our staff, we 7 came to the conclusion that we probably need to do 7 8 some additional follow-up. 8 A. Correct. Q. And, in fact, if you look at the Colts ball A. Yes. Q. You will see that three out of the four 9 Q. Now, when you say, "They had eleven balls 10 under compliance," what you meant is that they had 10 11 eleven balls that were below 12.5 being measured, 11 12 correct? 12 that the Colts game balls all met the requirements 13 when on one of the gauges, three out of the four 14 didn't go to 12.5? 13 14 A. Yes. Q. But at the time, you didn't know that some of 9 Colts' balls are below the 12.5, correct? A. Correct. Q. Okay. So do you know why Mr. Gardi thought 15 that reduction could happen just because of cold or 15 A. Well, here it is -- he's specifying that one 16 wetness or other factors, right? That just wasn't 16 of the two gauges -- that's how we looked at the 17 something you were aware of, correct? 17 Colts -- I mean, the Patriots' ball as well, neither 18 of the gauges none or both gauges with the Colts' 18 A. I didn't include science, no, sir. Q. Okay. Let me ask you this. If you look at 19 ball, none of them were in compliance. Or at least 20 this letter on the second page, it talks about the 20 here with the Colts' ball, what we saw was that at 21 fact that one of the game balls was inflated to 21 least one of the gauges, they all were in 22 10.1 psi. Do you see that? 22 compliance. 19 23 24 25 A. Yes, sir. Q. Now, I am going to give you another exhibit, which is NFL 14. And you will see these are notes, 23 Q. The letter doesn't say that, one gauge versus 24 two gauges, right? It doesn't reference it? 25 Mr. Gardi's letter doesn't say it was on one gauge DIRECT/VINCENT/KESSLERPage 239 DIRECT/VINCENT/KESSLERPage 241 1 I believe, that were taken when the testing was 1 2 done. And you signed them in several places. If 2 3 you will look at page 256, I think it's the first 3 A. Correct. Q. Now, at the time that you were looking at 4 time your signature appears; is that correct? 4 this, you had no idea what gauge had been used 5 pre-game by the official to measure the balls, 6 Mr. Anderson? You didn't know whether it was the 7 logo gauge or the non-logo gauge, correct? 5 6 7 8 9 A. Yes, sir. Q. And you signed this as a witness of the halftime testing; is that correct? A. That's correct. Q. Okay. And if you look at the listing of the versus the other, correct? 9 A. That's correct. Q. Is it fair to say, Mr. Vincent, that there 8 10 pressures that are written down for the Patriots' 10 was a lot of confusion about what these numbers 11 eleven balls, none of them are as low as 10.1; is 11 were, that Mr. Gardi didn't even know what the 12 that correct? 12 numbers were correctly at this time? 13 14 A. That's correct. Q. Okay. So do you know why Mr. Gardi thought 13 14 15 that a ball was as low as 10.1 when none of those 15 16 measures were here? 16 17 18 A. No. Q. Okay. Let me ask you another one. His next 17 18 A. Q. A. Q. Not at all. You think it was very clear? I think it was clear. So do you have any explanation -- is Mr. Gardi a lawyer? A. Q. A. Q. Yes. 19 sentence says, "In contrast, each of the Colts game 19 20 ball that was inspected met the requirements set 20 21 forth above and that requirement was 12 and a half 21 22 to 13 and a half," correct? 22 explanation as to how he could have "10.1" written 23 down as the figure and it was not one of the 24 figures? 23 24 25 A. Correct. Q. Well, let's look at the Colts ball measurements. If you look at the Colts ball 06/25/2015 03:43:11 PM 25 Is he a careful lawyer? Yes. If it was so clear, do you have any A. I can't speak for David. Page 238 to 241 of 457 64 of 172 sheets DIRECT/VINCENT/KESSLER Page 242 1 2 Q. DIRECT/VINCENT/KESSLER Page 244 So it wasn't clear for Mr. Gardi at least? Would you give me that? 1 A. Yes. 2 Q. Okay. You did? 3 A. Based on his letter, no. 3 A. In the Wells report? 4 Q. You, in the discipline letter that you wrote 4 Q. Yes. 5 in this case, let's go to that. This is NFLPA 5 A. Yes, sir. 6 Exhibit 10. This was the discipline letter that you 6 Q. So you had full access to the interview 7 sent out in this case; is that correct? 7 reports that Mr. Wells did of different people in making your decision? 8 A. Yes, sir. 8 9 Q. Okay. And I note there has been a ruling 9 10 that I cannot ask you about delegation issues, so 10 11 I'm just noting that if not for that ruling, I would 11 Q. Not the report, okay. 12 be asking now at this point about that. 12 A. I'm sorry; I'm sorry. 13 Q. Let me be clear. Mr. Wells conducted a lot 13 MR. KESSLER: But since you've ruled that I'm A. The report that was public, I read that report, yes, sir. 14 not allowed to ask those questions, that's the 14 of interviews and he made his own notes or reports 15 reason why I'm not going to waste our time and ask 15 of his interviews, memoranda; did you read any of 16 questions which you said I can't ask. So I assume 16 those or did you just read the report? 17 that ruling stands? 17 18 19 20 21 MR. LEVY: The ruling stands. Let's move on. 18 MR. KESSLER: That's fine. I just want to 19 make sure the ruling stands. Okay. Q. In the third paragraph, it says here, look at A. Oh, no, sir, no; I'm sorry. I didn't have access to those. Q. So you based your recommendations of 20 discipline in this letter solely upon reading the 21 Wells report? That's what I wanted to establish. 22 the first paragraph. I am so sorry, in the third 22 A. Yes. 23 paragraph, it says, "With respect to your particular 23 Q. You didn't read any other documents? 24 involvement, the report established that there is 24 A. Didn't have any other documents to read. 25 substantial and credible evidence to conclude you 25 Q. Okay. You didn't interview any other people DIRECT/VINCENT/KESSLER Page 243 DIRECT/VINCENT/KESSLER Page 245 1 were at least generally aware of the actions of the 1 2 Patriots employees involved in the deflation of the 2 3 footballs and that it was unlikely that their 3 4 actions were done without your knowledge." 4 other than reading the Wells report? That's what I Do you see that? 5 want to be sure of. 5 yourself? A. Oh, no, sir. Q. You didn't do any review of other documents 6 A. Yes, sir. 6 A. Looked at some previous cases. 7 Q. Is that the finding of the Wells report that 7 Q. Previous decisions? 8 you relied on in order to impose discipline in this 8 A. Mm-hmm. 9 matter? 9 Q. Of discipline, correct? A. Well, of violations, more so violations in 10 A. 11 12 13 Yes, sir. 10 MR. NASH: Objection to the form of that 11 12 question. A. this particular area. Q. Okay. Well, that's going to get to another 13 question I am going to ask. Did you look at any 14 on information that was -- but we didn't impose 14 previous examples of any player being disciplined 15 discipline. 15 for a violation like this? 16 17 18 19 This is what we derived from the Wells report Q. Who imposed discipline? 16 A. The Commissioner. We made recommendations to 17 thinking about my time as a former player, a Union 18 representative, I just couldn't find -- we just 19 didn't see actions, this kind of action from a our unit. Q. You made your recommendation based on this A. No. I looked very hard and I was just 20 particular finding in the Wells report that's 20 player. You just, we didn't find this kind of 21 identified here? 21 action or behavior of a player. 22 A. No. This is one factor that was included. 22 23 Q. Okay. Did you personally read any of the 23 the 2014 season that there was an incident with the Minnesota team having warm footballs? 24 interview reports of the people that Mr. Wells 24 25 interviewed? 25 65 of 172 sheets Q. A. Page 242 to 245 of 457 Let's look into that. Were you aware during Yes, sir. 06/25/2015 03:43:11 PM DIRECT/VINCENT/KESSLERPage 246 1 DIRECT/VINCENT/KESSLERPage 248 Q. Okay. Would you agree with me that the 1 Q. Let me ask you next about the following. Are 2 quarterback of Minnesota would have been generally 2 you aware -- let's take a look at NFLPA Exhibit 177. 3 aware that those footballs would be warm to his 3 You will see this is a report quoting Aaron Rodgers 4 touch? 4 that took place during the November 30th game 5 between the Packers and the Patriots. 5 6 7 A. 10 11 6 Q. You were the executive vice president -- 8 9 I'm not aware of that just based off of the reading of the file. No, this was just -MR. NASH: Objection. Let him finish the answer, please. Q. Finish your answer. A. This is a game ball employee that took it And you will see that Mr. Rodgers was quoted 7 as saying, "I like to push the limit to how much air 8 we can put in the football, even go over what they 9 allow you to do and see if the officials take air 10 out of it." 11 Do you see that? A. Yes. Q. Did you or anyone in your office conduct any 12 upon himself to warm a football. So you had a game 12 13 ball employee from the Carolina Panthers that was on 13 14 the Minnesota Vikings sideline that actually took 14 investigation of Mr. Rodgers for making that 15 these things in his own action and thought that was 15 statement? 16 the proper thing to do. 16 17 18 19 20 21 22 23 24 25 Q. Were those balls put into the game, the balls 18 was pushing the limit of how much air could be in a It was just one. 19 football, that that would be him at least being Was that one put into the game? 20 generally aware of activities to try to violate the No, sir. 21 NFL rules regarding pressure for footballs? How do you know that? 22 A. The way I'm reading, this is a post-game Because the report would have said it. 23 comment and there is no need for us to react or Well, do you know that personally or just 24 overreact. he warmed? A. Q. A. Q. A. Q. 17 A. No, sir. Q. Would you agree with me that if Mr. Rodgers 25 assuming that? Q. So this was not important enough for you to DIRECT/VINCENT/KESSLERPage 247 1 2 3 4 5 A. DIRECT/VINCENT/KESSLERPage 249 I'm assuming based off the evidence that was in the report. Q. Did you start any investigation of any player react to Mr. Rodgers saying he liked to push the 2 limit and see if officials caught it; that was not a 3 serious thing for you to react? 4 regarding that incident? A. 1 There was no need because it was addressed A. In a post-game interview. Because if the 5 testing of the games (sic) pre-game and all balls 6 immediately. It was a natural break in the game and 6 were in regulation, there is no need for us to react 7 our office called the sidelines to ask the question 7 for post-game comment. 8 and to make sure that there wasn't any other 8 9 misconduct. 9 10 11 12 13 14 15 16 Q. What report are you referring to, by the way? A. Just the actual case itself, looking at the paperwork. Q. Was there paperwork involved in that? A. Well, it was a follow-up from the office, 10 games for allegedly being generally aware of someone 11 else's activities, you think that's a consistent 12 treatment, in your mind? 13 14 15 yes. there has been nothing produced, I don't believe, on 17 18 that. If I'm wrong, Dan, you can advise me. 18 20 21 MR. NASH: I think you have been produced with everything. MR. KESSLER: I just represent I don't A. This is a post-game comment. Q. Okay. Let me ask you about this one. Take a look at NFL Exhibit 1597, Exhibit 73. 16 MR. KESSLER: We had asked for that, and 17 19 Q. So in your view, Mr. Rodgers not even being investigated and Mr. Brady being suspended for four MR. KESSLER: If we can give that to him, please. Q. Mr. Vincent, is this one of the incidents 19 that you looked at to see how things were treated in 20 the past regarding claims of tampering with 21 footballs? A. This was reviewed, yes, sir. Q. Okay. And so, you can see here that the 22 believe that has been produced to us, any kind of 22 23 written report. We know about the public report, 23 24 but we haven't seen any written report. So if there 24 League, Mr. Hill, was he the Vice President of 25 is one, I would ask that it be produced. 25 Football Operations before you? 06/25/2015 03:43:11 PM Page 246 to 249 of 457 66 of 172 sheets DIRECT/VINCENT/KESSLERPage 250 CROSS/VINCENT/NASH 1 2 A. Yes. Q. And you will see that he suspends this 3 employee of the Jets, Mr. Robinson, for trying to 3 4 use unapproved equipment to prep a kicking ball 4 5 prior to a game. Do you see that? 5 1 6 7 6 7 8 investigation made or action taken against a kicker 8 9 under the theory that he was generally aware that 9 10 this attendant would have been preparing the balls 10 11 for him in this manner? 11 12 13 COMMISSIONER GOODELL: I'm sorry; two game 2 A. Yes, sir. Q. Now, do you know why there was no A. No, sir. Q. Now, the policy that you cite in your letter, Page 252 rep. officials? THE WITNESS: Two game officials, yes, sir. Q. Are the two game officials the people who did the measurements? A. Yes, sir. Q. And to your observation, were they careful in doing them? A. Yes, sir. Q. If I could ask you to look at NFLPA 12 Exhibit 136, you were asked some questions about the 13 letter to Mr. Kraft. At the time that this letter 14 in your discipline letter regarding Mr. Brady -- 14 was written, had any final determinations been made 15 well, let me ask you this. 15 about whether the Patriots or anybody associated 16 Where do you find the policy that says that 16 with the Patriots had actually violated the rules? 17 footballs can't be altered with respect to pressure? 17 18 Is that going to be in the competitive integrity 18 19 policy that Mr. Wells cited in his report? 19 20 21 A. Game-Day Operations Manual. Q. In the manual? Okay. A. No, sir. Q. What happened following the issuance of this letter? 20 A. Actually, once Dave sent the letter to the 21 club, I think there was maybe a few days later, 22 Mr. Wells and Jeff had came in too. We felt like an 23 manual is given to clubs and GMs and owners, et 23 independent investigation should take place. 24 cetera, but the manual is not given out to players; 24 25 is that correct, to your knowledge? 25 22 Is it correct, to your knowledge, that the CROSS/VINCENT/NASH 1 2 3 4 5 Q. Now, Mr. Kessler asked you about whether you had been familiar with the Ideal Gas Law or other Page 251 CROSS/VINCENT/NASH A. That's correct, to my knowledge. Q. In fact, when you were a player, you were never given that manual, right? A. No. 1 factors that could account for the decrease in the 2 inflation in the Patriots' balls. Do you remember 3 that? 4 MR. KESSLER: I don't have any further Page 253 5 A. Yes. Q. Was the purpose of the investigation to look 6 questions. Thank you very much. 6 7 CROSS-EXAMINATION BY 7 8 MR. NASH: 8 A. Yes, sir. Q. Now, you were asked a few questions about 9 other incidents. The first one you were asked about 9 10 11 12 Q. Just a few questions, Mr. Vincent. You were asked about your presence during the halftime at the AFC Championship Game? 10 11 A. Yes. Q. How would you describe the process that took 12 into things like that? was the Vikings. Do you recall that? A. Yes, sir. Q. If I could turn your attention to, I think 13 it's Exhibit 174, the NFLPA 174. Do you remember 14 place; was it an orderly process? How would you 14 seeing this article at the time? 15 generally describe what happened in terms of the 15 16 measurement of the football? 16 A. No, sir. This is the first I'm seeing it. Q. In looking at it, does this refresh your 13 A. Very orderly. Actually, I was one of the 17 recollection at all about the events of the Vikings 18 last to enter into the locker room. Upon my 18 game? 19 entrance into the rear room where the officials 19 20 were, Al Riveron was actually directing traffic in a 20 21 very calm manner. 21 your recollection of what happened at the Vikings 22 game? 17 22 23 24 25 Q. From your observations, who did the measurements? 23 A. I think it was Clete and it was two 24 officials, and then we had the one League security 67 of 172 sheets 25 A. Yes. Q. Would you say that this accurately describes A. Yes. Q. Did you have any information at that time or do you know of anyone at the NFL who had information Page 250 to 253 of 457 06/25/2015 03:43:11 PM CROSS/VINCENT/NASH Page 254 REDIRECT/VINCENT/KESSLERPage 256 1 of any player being involved with the ball boy 1 2 warming the football for the Vikings? 2 3 4 5 6 7 A. No, sir. Q. You were asked about Aaron Rodgers. It's NFLPA Exhibit 177. Do you have that? 3 4 5 A. Yes, sir. Q. You were asked about a quote, and I note in 6 7 8 the quote it says something about to see if the 8 9 officials take the air out of it. And you were 9 10 asked whether you did an investigation. 10 Did you have any information that either 11 A. Based off what the article represents. Q. The article represents that both teams were warned, correct? That's what the article says? A. Q. A. Q. Yes, sir. Were both teams warned? Based off the article, yes. Okay. So if both teams were warned, that activity, right, not just one? Mr. Rodgers or anyone from the Packers had actually 12 tampered with a football after the officials 13 14 measured it? 14 A. No, sir. Q. Did you have any information or any evidence when your counsel just asked you that question? would mean that both teams were involved in the 13 16 Q. Why did you say it characterized it correctly 11 12 15 article. A. That's correct. Q. Okay. And so both teams, it would involve 15 more than one football, at least one football for 16 each team, correct? A. That's not correct. Q. Well, were both teams warming the same 17 that either Mr. Rodgers or anyone associated with 17 18 the Packers actually used the football in that game 18 19 or any other game in which the inflation was not 19 20 properly done on the footballs after the officials 20 A. Well, it was because you had National take 21 had measured it? 21 place, you want to inform both teams that this is 22 not prohibited. 22 23 A. No, sir. Q. Or at any time, did you have information that football? COMMISSIONER GOODELL: Are you saying 23 24 the packers or Mr. Rodgers used the football that 24 25 was not properly inflated? 25 "warmed" or "warned"? MR. KESSLER: "Warm." REDIRECT/VINCENT/KESSLER Page 255 1 2 3 4 REDIRECT/VINCENT/KESSLERPage 257 A. Not at all. Q. If you had such knowledge and such evidence, would you have conducted an investigation? 1 COMMISSIONER GOODELL: "Warm"? 2 MR. KESSLER: "Warm," W-A-R-M is what the 3 A. What we would have done is our normal 4 article said. Q. This was a game that was played in minus 5 protocol. Before games, we would have tested the 5 seven degrees; is that correct? That is what the 6 ball. 6 article says? 7 8 9 MR. NASH: Thank you. 7 MR. KESSLER: Just a few more questions. 8 REDIRECT EXAMINATION BY 9 was happening, according to the article, is sideline 10 attendants were using heaters to warm the footballs, 11 Q. You just testified to Mr. Nash that NFLPA 11 right? 12 Exhibit 174 accurately described the incident with 12 13 Minnesota. And so based on that, do you now recall 13 14 that, in fact, it was both teams who were involved 14 game, okay. Someone's using sideline heaters. If a 15 in warming footballs, plural, as stated in this 15 quarterback felt that ball, he would be generally 16 article? 16 aware that the ball had been warmed in this frozen 17 game? There's no way to not be aware of that? You 18 are a football player. You are aware of that? 10 17 18 19 MR. KESSLER: A. Yes. Q. So it was a very, very cold game. And what A. It was just, it was my knowledge that it was just the one team. Q. Okay. So now, so even though you just 19 20 testified under oath that the article accurately 20 21 characterized it, it is now your new testimony that 21 22 the article is mischaracterizing that? 22 23 24 25 MR. NASH: Objection; mischaracterizing what he said. A. No, this is the first I've actually seen the 06/25/2015 03:43:11 PM 23 A. Correct. Q. And would you agree with me it's a frozen A. I'm not a quarterback. Q. Have you handled a football with the National Football League? A. Yes. Q. Okay. Do you think in a frozen game if 24 someone put in a heated, you would notice, oh, this 25 feels warmer than I thought it would? Page 254 to 257 of 457 68 of 172 sheets REDIRECT/VINCENT/KESSLERPage 258 1 2 A. Q. 3 RECROSS/VINCENT/NASH Page 260 With gloves on, I'm not sure. 1 who actually took it upon himself to warm a You are not sure about that? 2 football. In any event, nothing was done to even 3 4 investigate the quarterbacks in this matter, 4 5 correct, by you? 5 6 7 8 9 A. 6 Here, it says here in the article that he warned both teams. Q. Right. But there was no investigation made of whether the quarterbacks knew about it or whether Q. And in terms of both teams, all this article refers to that both teams were warned? A. That's correct. Q. And it also says in the article that, "The 7 sideline attendants involved in that likely meant 8 well." 9 10 the quarterbacks asked the attendants to do 10 11 anything? There was no investigation of that at 11 12 all? Was that your understanding of that situation? 12 A. Yes. Q. And again, did this or any other report that That's correct. 13 you received about the Vikings incident give you any And then finally, going back to NFL 14 indication that any player was in any way involved? 15 Exhibit 14, which are the notes you signed, and I 15 16 want to look back on page 256. It states here, if 16 17 you look at the -- this is the two different tests. 17 MR. NASH: Thank you. 18 MR. KESSLER: Nothing further. 13 14 A. Q. 18 And I'm looking at the one where it says, A. No player or anyone else was involved. No one else was involved. 19 "Tests by Darrel" -- is it "Prioleau" ["pray-loo" 19 MR. LEVY: Thank you. 20 phonetically]? 20 COMMISSIONER GOODELL: Thank you. That's correct. 21 MR. KESSLER: You want to keep going or It says here, "Belonging to JJ." 22 should we take a brief break? Mr. Wells, the Do you see that right at the top? Right next 23 witness, would like a brief break. 21 22 A. Q. 23 24 25 to the 11.8, it says, "Belonging to JJ." A. Mm-hmm. RECROSS/VINCENT/NASH 1 2 3 4 5 6 7 Q. A. Q. A. Q. A. Q. 24 (Recess taken 3:54 p.m. to 4:03 p.m.) 25 MR. KESSLER: Our next witness will be Page 259 DIRECT/WELLS/KESSLER Now, you signed these notes, right? 1 Yes, sir. 2 This page you signed, right? 3 T H E O D O R E W E L L S, called as a witness, Yes. 4 having been first duly sworn by a Notary Public of Do you know what "belonging to JJ" refers to? 5 the State of New York, was examined and testified as No, sir. 6 follows: Do you know if that refers to the fact that 7 DIRECT EXAMINATION BY MR. KESSLER: 8 the gauge used by Mr. Prioleau was, in fact, a gauge 8 9 that belonged to Mr. Jastremski? 9 10 A. Q. A. Not to my knowledge. 10 So you don't know what that refers to? 11 No, sir. 12 13 MR. KESSLER: I have no further questions. 13 14 MR. NASH: Just very briefly. 14 11 12 Page 261 Mr. Ted Wells. Please swear in the witness. Q. Good morning, Mr. Wells. Would you state your full name for the record, please. A. Theodore V. Wells, Jr. Q. Okay. And what is your current occupation? A. I am a partner at the law firm of Paul, Weiss. 15 RECROSS-EXAMINATION BY 15 Q. And Mr. Wells, were you hired to be the 16 MR. NASH: 16 co-lead investigator in connection with the issues 17 surrounding the AFC Championship Game of last year? 17 Q. Just the Vikings article, I want to follow up A. 18 on the Commissioner's question. I'm not sure 18 19 Mr. Kessler accurately described the article. I 19 with respect to "co-lead investigator." I was asked 20 thought there was a suggestion that the article said 20 by Jeff Pash to become the independent investigator 21 that both teams actually warmed the football. 21 for the NFL with respect to what has become known as What was your recollection of the incident? 22 "Deflategate." That request was made on That, my recollection of the game was that 23 January 21st. 22 23 A. 24 you had a game ball employee that was working that 24 25 particular game, actually from the Carolina Panthers 25 69 of 172 sheets Yes, but I want to clarify your description A couple of days later, the NFL released a press release announcing that I had been hired and Page 258 to 261 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLERPage 262 DIRECT/WELLS/KESSLERPage 264 1 said -- and I don't have it in front of me; I 1 Q. This is long after the NFL press release and 2 apologize -- but it said in substance that I and 2 after you had your conversation with Mr. Pash as to 3 Jeff Pash would be overseeing the investigation and 3 how the investigation was going to be conducted, 4 I would be adding independence. 4 correct? 5 I immediately telephoned Mr. Pash because I 5 6 had not been told that we were going to be doing it 6 A. Yes, sir. Q. But you still thought it was appropriate, 7 jointly. And Mr. Pash explained to me that I would 7 correct and accurate to, on the first page of your 8 be the independent investigator, that he would be 8 Executive Summary, describe the investigation as 9 there to help facilitate on procedural-type issues 9 being one in which you were conducting an 10 and dealing with the Patriots, but that we were 10 11 going to run it the same we had run the Dolphins 11 12 investigation, which was I would be the independent 12 sentence says that, "On January 23rd, the NFL 13 investigator with my team. 13 announced." 14 We would make -- "we" meaning Paul, Weiss, investigation together with Mr. Pash? A. No. You totally misread the sentence. The 14 Now, that's the public statement. That's 15 would make all of the decisions with respect to the 15 what that sentence is quoting. If you go down to 16 investigation and that it would be my report and 16 the last sentence, "It was prepared entirely by the 17 despite what had been said in that press release 17 Paul, Weiss investigative team and presents the 18 about his being my, quote, co- -- I don't even know 18 independent opinions of Mr. Wells and his 19 if it uses those words, Jeff running with me, that 19 colleagues." 20 we were going to run it like the Dolphins 20 21 investigation. 21 announced in a piece of paper issued to the press on 22 January 23rd, I'm saying to any reader of this 23 report that this report was done by Paul, Weiss and 24 it is the independent opinion of Mr. Wells and his 25 colleagues. 22 23 24 25 Q. Okay. Let me ask you, you might as well get out a copy of your report. A. Sure, I have a copy in front of me. Q. Look at page 1 of your report, the Executive So there, I'm clarifying, despite what they DIRECT/WELLS/KESSLERPage 263 1 2 3 4 5 6 7 8 9 DIRECT/WELLS/KESSLERPage 265 1 Summary. A. Sure. Q. And is it fair to say, Mr. Wells, that you stand by every word written in your report? A. I hope so, yes, yeah. Q. You try to have it written carefully and announced -- I'm sorry -- I've set forth in that 3 first sentence what the NFL put out there. 4 Q. So when you prepared this report, did 5 Mr. Pash see any drafts of this report before it was 6 final? 7 correctly, correct? A. Yes, sir. Q. So on the very first page 1 in the Executive So I cut Mr. Pash out, though I have 2 8 A. I don't know whether that's privileged or what. You tell me. 9 MR. NASH: I would object to the extent that 10 Summary in the second paragraph, it says, "On 10 your answers would have to reveal any privileged 11 January 23, 2015, the NFL publically announced that 11 communications. But otherwise, I think you can 12 it had retained Theodore V. Wells, Jr. in the law 12 answer subject to that objection. 13 firm Paul, Weiss, Rifkind, Wharton & Garrison 13 14 ("Paul, Weiss") to conduct an investigation together 14 15 with NFL Executive Vice President Jeff Pash into the 15 16 footballs used by the Patriots used during the AFC 16 17 Championship Game." 17 18 19 20 21 22 A. Okay. I don't want to waive anything, but the answer is yes. Q. He did receive drafts of the report? A. Yes, sir. Q. Okay. Did he give you comments on the report 18 before it was issued after seeing it either verbally conducted pursuant." 19 or in writing? You see that? 20 And then it says, "The investigation was A. Yes, sir. Q. When you wrote this down, this was now when 21 MR. NASH: I think the best way -- I don't want to get into -- 22 THE WITNESS: You guys tell me what to do. 23 your report was issued, which was May 6, 2015, 23 MR. NASH: I think there's been a ruling 24 correct? 24 about Mr. Wells's testimony. So to the extent that 25 they are addressing Mr. Pash's role, I think the 25 A. Yes. 06/25/2015 03:43:11 PM Page 262 to 265 of 457 70 of 172 sheets DIRECT/WELLS/KESSLERPage 266 DIRECT/WELLS/KESSLERPage 268 1 ruling had to do with whether Mr. Pash was 1 2 substantially involved in the investigation or in 2 3 the report itself. 3 privilege, sir. I just have to -- need to follow 4 his advice. 4 If they want to ask questions to that, they report before it was -- before it was issued? A. I'm going to follow whatever -- it's not my 5 certainly can do so. But I would object on 5 6 privileged grounds to questions about communications 6 that I think Mr. Wells has already explained the 7 between Mr. Wells and Mr. Pash, the General Counsel 7 role of Mr. Pash, the role of the Paul, Weiss firm 8 of the NFL. 8 and who the report was prepared by and who the 9 conclusions -- who prepared the conclusions as well. 9 MR. KESSLER: Let me now state the following, MR. NASH: Yeah, I would object to the extent 10 if I can. Mr. Wells just testified he was 10 11 independent and the NFL was not his client. 11 into communications, I think he's now trying to get 12 into attorney-client privilege. 12 Therefore, Mr. Pash's communications with him To the extent that he wants to get further 13 could not be privileged under any possible 13 MR. LEVY: Without prejudice to the assertion 14 application of the privilege, unless Mr. Wells wants 14 of any privilege down the road, Mr. Wells can answer 15 to change his testimony and state that the NFL was 15 the question that was presented. The question was, 16 his client in this matter, which would mean he is 16 did Mr. Pash give you any comments? 17 not independent. 17 18 19 20 21 18 MR. NASH: I object. You are 19 mischaracterizing what he said. 20 MR. KESSLER: Okay. Q. Was the NFL your client in this matter? Did 21 22 you act as their lawyer when you did this 22 23 investigation? 23 24 25 A. To my understanding, I was being hired by the NFL, and that's who pays my bills, to do what I have 24 25 Q. Yes. Did he provide written or oral comments? A. Yes. Q. Okay. Were they written? A. Not to my knowledge, but the truthful answer is he didn't provide any to me, okay. Q. Did he provide it to another member of your team? A. I believe so. DIRECT/WELLS/KESSLERPage 267 DIRECT/WELLS/KESSLERPage 269 1 described as an independent investigation with 1 2 respect to Deflategate. And what I mean by "an 2 3 independent investigation," is that the opinions 3 4 represented in this report and conclusions were 4 5 those of myself and the Paul, Weiss team. 5 Q. Okay. And you don't know whether they were in writing or orally? A. I do not. Q. Do you know what the contents were of his comments? 6 A. I do not, except to say they couldn't have 7 privilege, Jeff Pash did not attend any witness 7 been that big a deal because I don't think I heard 8 interviews. I did not deliberate or involve him on 8 about them. But, you know, Mr. Pash is a very good 9 my deliberations with respect to my assessment of 9 Harvard-trained lawyer. If you give a 6 Jeff Pash, and I don't think this waives any 10 those interviews. Mr. Pash played no substantive 10 Harvard-trained lawyer a report this thick, he's 11 role in the investigation itself. So I'm trying to 11 going to have some kind of comment. So I assume 12 give you facts without waiving. 12 whatever it was, it was some kind of wordsmithing. 13 I can tell you this without waiving any privilege. 13 14 15 16 17 18 19 20 21 Q. I will ask it this way. A. Okay. Q. Did you consider the NFL to be your client 14 for purposes of the attorney-client privilege -- A. Yeah. Q. -- with respect to the preparation of this investigative report? A. Yes. Q. Okay. That is fine. Mr. Pash -- Mr. Pash's comments did not 15 affect, and from the time I gave him that -- 16 whenever he got that draft of the report, did not 17 impact in any substantive fashion the conclusions 18 with respect to my findings with respect to 19 violations by the Patriots or violations by 20 Mr. Brady, nothing. You know, there was no 21 substantive change. 22 Now so, therefore, I will just ask you -- 22 Q. Mr. Wells, I assume that you are not the 23 23 first drafter of this report, correct? One of your 24 A. Okay. Q. -- will you not, then, answer questions about 24 colleagues would have prepared the first draft and 25 what type of comments Mr. Pash made on your draft 25 you would have reviewed it; is that fair? 71 of 172 sheets Page 266 to 269 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLER Page 270 1 2 A. DIRECT/WELLS/KESSLER Page 272 I think that's privileged, but I will answer 1 Q. Let's move on to another subject. Now, going 2 back to that same first page of your report, page 1, 3 you say, "The investigation was conducted pursuant 4 to the policy on integrity of the game and Correct. 5 enforcement of competitive rules." Now, Mr. Reisner, you observed, was 6 7 representing the NFL and cross-examining Mr. Brady 7 8 and Mr. Snyder in this proceeding; is that correct? 8 3 4 5 6 9 10 as long as it's not a waiver, yes. Q. Okay. Would your principal colleague on this case be Mr. Lorin Reisner who is seated over there? A. Q. A. That is -- I saw it. You saw it. Q. Okay. So, and Mr. Reisner was one of the 9 10 11 principal lawyers working with you on this 11 12 independent investigation, right? 12 13 A. 14 that. 15 Q. If you read the report, it basically says Do you see that? A. Q. Yes. To your knowledge, that's the only policy that you were told about that you were conducting your investigation pursuant, correct? A. Q. That is correct. Okay. Now, at the time you did this report, 13 did you have any knowledge or did you determine 14 whether or not that policy was ever given out to 15 players? 16 Weiss also being compensated for representing the 16 A. I have no knowledge one way or the other. 17 NFL in this hearing, conducting cross-examination? 17 Q. Did you learn for the first time today at 18 Have they been hired as NFL counsel for that 18 19 purpose? 19 A. 20 effect. Q. Today? A. In terms of whatever knowledge I have is what 20 A. So is it fair to say Mr. Reisner -- is Paul, As I understand it, again, if I can answer 21 without waiving any privilege, in terms of 21 22 cross-examining both the experts and cross-examining 22 23 Mr. Brady since we had already examined him and done 23 24 the work, everybody thought it would be more 24 25 efficient -- 25 this hearing that it was not given out to players? I think -- I think I heard something to that I heard today. Q. Today? And it was prior to today and certainly at the time you issued this report you DIRECT/WELLS/KESSLER Page 271 1 DIRECT/WELLS/KESSLER Page 273 MR. NASH: I am going to stop you right 1 didn't know one way or another whether that policy 2 was something given out to players? 2 there, Mr. Wells. I don't think this is an 3 appropriate line of questioning and we are now 3 4 getting into privilege. And I have to say it also 4 5 isn't relevant to any issue in Mr. Brady's appeal. 5 Mr. Brady -- let's go to a specific finding. Let's A. Q. That is correct. Now, with respect to your finding that 6 MR. LEVY: Sustained. 6 look at, I am going to your Executive Summary. 7 MR. KESSLER: Okay. I would ask you to, just 7 Let's go to your findings with respect to Mr. Brady. 8 for the record, my observation that the statement 8 A. Page 2? 9 that the Paul, Weiss firm is independent is clearly 9 Q. A. Q. Page 2. So on page 2 of the report -- 10 not correct. We now have testimony that they 10 11 represented the NFL in this proceeding. They viewed 11 12 the NFL as their client. 12 the evidence, it also was our view that it was more I will just ask one more question about this. 13 probable than not that Tom Brady, the quarterback Sure. 14 for the Patriots, was at least generally aware of Do you agree, Mr. Wells, as an attorney, that 13 14 15 Q. A. Q. Second paragraph. -- it says the following. You say, "Based on 15 the inappropriate activities of McNally and 16 you, when you have a client or any client, the NFL, 16 Jastremski involving the release of air from 17 anyone else -- 17 Patriots game balls." 18 19 A. Q. Sure. 18 -- you have a duty under the ethical rules to 19 20 zealously advocate and advance the interest of that 20 21 client? Is that fair, under the ethical rules? 21 22 23 MR. NASH: Objection. We are now getting into arguments. Is that a fair summary of what you concluded with respect to Mr. Brady that you put here? A. Q. Yes, just what I wrote. Okay. Now, am I correct that you don't make 22 any finding in the report that Mr. Brady 23 participated himself in engaging in any activities 24 MR. LEVY: Sustained. 24 to deflate footballs, right? You don't make such a 25 THE WITNESS: Okay. 25 finding? 06/25/2015 03:43:11 PM Page 270 to 273 of 457 72 of 172 sheets DIRECT/WELLS/KESSLERPage 274 1 A. DIRECT/WELLS/KESSLERPage 276 Well, what I say in the report is that, one, 1 them done, which we interpret to mean getting the 2 I believe Mr. Brady was generally aware of the 2 balls deflated. So that's direct evidence of 3 activities of Jastremski and McNally. 3 knowledge and involvement. 4 I also say in the report that, based on my 4 Q. That's the Jets game when those 5 personal observations of Jastremski and McNally, 5 6 both of whom we interviewed, I do not believe that 6 7 these two gentlemen would have engaged in their 7 8 deflation activities without -- I may use the word 8 inflated? 9 knowledge and awareness of Mr. Brady. 9 A. 10 communications took place, right? A. That's correct. Q. Were the balls deflated in the Jets game or In that particular situation, what they 10 were -- what they were discussing was the inflation 11 but that's the substance of what I say in the 11 of the balls in the Jets game, but you have to step 12 report. 12 back in terms of how we viewed the evidence. 13 Q. 13 Mr. McNally was a locker room attendant. 14 Mr. McNally had no duties involving inflation or Sure, okay. 15 deflation of balls. -- that it is more probable than not based on 16 14 15 16 I'm not sure if those are the exact words, Okay. But you don't make any finding that, if you listen to my specific question -- A. Q. Mr. McNally's job was to care for the 17 the evidence that Mr. Brady himself directed them to 17 referees. In fact, I'm not sure if we say it in the 18 deflate the ball in that game, correct? You don't 18 report, but the referees actually would get together 19 make such a finding here? 19 and put together tips to give Mr. McNally at the end 20 of the game. They only tipped two people, the bus driver and the locker room attendant. 20 A. I'm hesitating about the word "direct," 21 because what I do say in the report is I don't think 21 22 they would have done it without his knowledge and 22 23 awareness. 23 he didn't even know, who should not have had 24 anything to do with balls, yet Mr. Brady is saying 25 that Mr. McNally must have a lot of stress getting 24 25 Now, but I don't have a phrase, you are correct, where I say he directed them. What I say So Mr. McNally is somebody who Mr. Brady said DIRECT/WELLS/KESSLERPage 275 DIRECT/WELLS/KESSLERPage 277 1 is I believe that they would not have done it unless 1 them done, which as I said, we interpret to mean 2 they believed he wanted it done in substance. 2 deflation, even though it was in the context, and you are correct, of the Jets game. 3 Q. And that would apply even if he never told 3 4 them to do it, even if he never authorized them to 4 5 do it, even if he never said do it? What you were 5 6 stating there is you believe that because he was Tom 6 7 Brady, okay, that they would not have done something 7 8 unless they thought it would be something he would 8 9 like or want, right? 9 10 11 12 A. Q. A. interpret it to be about deflation? A. Q. A. Q. That's correct, sir. And did you also look at the e-mail where -E-mail or text? The e-mail. I will show you the e-mail. No. 10 This is on page 86 of your report -- the text; I'm Isn't that fair to what you concluded? 11 sorry -- No, no, no, that goes way too far in the 12 13 sense that you are not looking at the evidence that 13 14 I cite. 14 15 Q. Even though it was all about inflation, you A. I was just trying to make sure. Q. -- where he said -A. Hold on. 15 COMMISSIONER GOODELL: 86, did you say? 16 evidence that we cite against Mr. Brady is the text 16 MR. KESSLER: Yes, 86. 17 message where McNally says, "Fuck Tom." 17 18 For example, one of the core pieces of And Jastremski says in substance, "He asked 18 A. You just threw me off when you said "e-mail." Q. Sorry. Okay, the text, when he's writing to 19 about you yesterday. He said it must be a lot of 19 his fiancé Panda and he says, "I just mentioned some 20 stress getting the balls done." 20 of the balls. They are supposed to be 13. They 21 were, like, 16." 21 So that message we interpret in the report to 22 mean that Tom Brady actually had a conversation with 22 23 Jastremski and during that conversation, he actually 23 24 asked about McNally and the statement was made by 24 25 Brady that McNally must have a lot of stress getting 25 73 of 172 sheets Do you see that? A. Yes. Q. Now, 13 would be within the legal limit, right? Page 274 to 277 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLER Page 278 A. Q. 1 2 DIRECT/WELLS/KESSLER Page 280 Yes. 1 So what he was saying here, he thought the 2 A. Q. A. Yes. Okay. And how many experts did you consider? 3 balls were supposed to be 13, not lower than the 3 4 legal limit? That's what he wrote, right? 4 after I was retained, there started to be a lot of That's what he wrote. 5 publicity about the Ideal Gas Law. And I started Right. Do you have any reason to think why 6 getting parroted with articles about the Ideal Gas A. Q. 5 6 Well, what happened was as follows. Right 7 he would lie to his fiancé about this subject after 7 Law, so it was clear I needed to hire experts 8 the Jets game? What would be his motive? 8 preferably physicists. 9 10 A. I didn't say he lied to his fiancé. Q. 9 We reached out to Columbia University. Okay. So then, you believe that 10 Columbia has a very respected Physics Department. 11 Mr. Jastremski truthfully told his fiancé that he 11 It was close, in close proximity to Paul, Weiss. So 12 was trying to get the balls to 13 and they came out 12 our hope at that time was that we could find 13 16, right? That was a truthful statement, you 13 somebody at Columbia. Mr. Reisner sent an e-mail to 14 believe? 14 the Physics Department at Columbia asking if they 15 A. Q. Yes. 15 could help us, and I think he may have also talked Okay. And if he was trying to get them to 16 to somebody. And he told them this is confidential. 16 17 13, that was not a deflation below the limit, was 17 18 it? 18 Physics Department, there was an article, either the No. 19 next day or the day after in the New York Times that Okay, thank you. 20 Paul, Weiss had reached out to the Columbia Physics Now, Mr. Wells, how much was Paul, Weiss paid 21 Department. And we were, to say, the least outraged 22 that we had reached out in what we thought was a 23 confidential contact and then it was published in the New York Times. 19 20 A. Q. 21 22 to do this report? 23 MR. NASH: Objection as to privilege and 24 relevance. There is no question that they were 24 25 paid. I don't see how -- 25 To our shock, after he contacted Columbia's What happened, so that disqualified Columbia. DIRECT/WELLS/KESSLER Page 279 DIRECT/WELLS/KESSLER Page 281 1 MR. KESSLER: Definitely not privileged. 1 Columbia was where we wanted to go. What happened 2 MR. NASH: I don't see how it bears on any 2 next is that a professor from Columbia e-mailed 3 3 Mr. Reisner maybe the next day, and the professor MR. LEVY: I am going to allow it. 4 said that he understood we were looking for experts Q. How much were you paid? 5 in physics and he recommended Exponent. A. I don't know. The "paid" question is 6 issue relevant to Mr. Brady's appeal. 4 5 6 7 8 9 10 interesting. Q. Billed, I will go with billed. How much was billed? A. And he said that Exponent was where many of 7 Columbia's graduates who wanted not to go the 8 academic route would go and work and he thought it 9 was a first-class outfit and that that's who we For the report, through May 6th, it's 10 11 somewhere in the area -- and I'm not sure the bill 11 12 was out, but it's going to be around somewhere in 12 Gabe's name, and we contacted him. So that's how -- 13 the range of 2.5 to 3 million. 13 so we get to Exponent through the recommendation of 14 Columbia. Now, at the same time, because we don't 14 Q. And you would be paid additional amounts for should talk to. And he actually had in the e-mail, I think, 15 the work that Mr. Reisner is doing today or others 15 know whether Exponent is going to work out, we 16 assisting the NFL? That would be additional bills, 16 contact the Princeton Physics Department. And they 17 right? 17 recommend that we should talk to Dr. Marlow. 18 19 20 21 A. Q. I hope so. 18 Yes. By the way, are you billing for your 19 interviews. We schedule an interview with Exponent 20 and we schedule an interview with Dr. Marlow. And I don't know. I haven't broached that. 21 the fact that the people in the Physics Department Okay. Now, let me ask you next when you were testimony today as a witness? A. Q. So at this juncture, we scheduled two 22 at Columbia had leaked to The Times had us a little 23 retaining Exponent in connection with this matter, 23 nervous about going the academic route. So we were 24 did you have discussions with other experts before 24 somewhat more attracted maybe going to a traditional 25 you retained Exponent? 25 consulting firm. 22 06/25/2015 03:43:11 PM Page 278 to 281 of 457 74 of 172 sheets DIRECT/WELLS/KESSLERPage 282 1 DIRECT/WELLS/KESSLERPage 284 We met, and I'm not sure what order, but it 1 court-appointed expert. 2 was within a day of each, we met with each of them 2 3 separately. I thought Exponent had the resources, 3 court that's hiring an expert. I said we have no 4 because we thought we would need testing, not only 4 dog in this race. All we want to know is how to 5 of the gauges, and we didn't know a lot. 5 look at this data. That's the job. I said you should view us like a judge or a 6 You know, this is in the early days. This is 6 And we have no thesis. It's not like a 7 first few days. But we knew we had to test these 7 normal, in the world we live in, Mr. Kessler, where 8 gauges because the first question is, do the gauges 8 you and I represent a client and we have got a 9 work? Are they reliable? 9 particular position, be it the plaintiff or the 10 10 defendant, and you got a thesis and you want an 11 the footballs of just playing in the game, whether 11 expert to know whether or not you can support that. 12 it's pounding, a 300-pound lineman falls on the ball 12 13 or something. So we knew we needed people with 13 all. We just want objective science, and understand 14 resources to do testing. 14 that. So those, we told them those were the terms 15 We didn't know if there was impact of -- on We said we don't care about the outcome at 15 if they wanted to come on board. And they were both 16 we liked them. And then we met the next day with 16 fine with that. So that's a long-winded way of how 17 Dr. Marlow and we liked him. But we were very 17 we got to Exponent. 18 concerned because of what happened with Columbia 18 19 about doing any testing at Princeton because 19 Weiss is a law firm, not a law firm of statisticians 20 Dr. Marlow said if we wanted to do the tests in the 20 or physicists or scientists? Is that fair to say on 21 Princeton lab, because of federal regulations or 21 the whole? 22 what have you, they have a lot of students and they 22 23 couldn't guarantee confidentiality. 23 blessed with such talent that we ended up finding 24 that we had a Ph.D. physicist among our associates 25 and we added that young man to the team. But I was 24 25 So we meet with Exponent and we liked -- and So again, we were back into the academic world and concerned that we are going to have leaks. Q. Is it fair to say, Mr. Wells, that Paul, A. DIRECT/WELLS/KESSLERPage 283 That is true, but I will tell you we are DIRECT/WELLS/KESSLERPage 285 1 What we ultimately decided to do was to hire both. 1 2 We hired Exponent to be the lead expert in terms of 2 3 doing the tests that needed to be done and advising 3 4 us on how to look at this data. And we hired 4 5 Dr. Marlow as our consultant and his job was to 5 reach whatever testing, scientific, statistical 6 watch Exponent. 6 conclusions were presented? 7 So we kind of had what I will call belt and 7 8 suspenders. We have got a firm that we believed had 8 9 the resources to do the testing, and we thought we 9 shocked to find out that we had such a person. Q. Let me ask the question differently. A. Your answer is yes. Q. Did you rely upon Exponent and Dr. Marlow to A. Yes. Q. And so Paul, Weiss didn't independently make any scientific testing, statistical conclusions on 10 would need physicists and engineers and 10 11 statisticians, but also a lot of equipment that you 11 12 might not have in an academic setting. And we 12 13 wanted privacy, okay, we didn't want leaks. We were 13 whatever reason it was concluded that Exponent's 14 very conscious. We did not want leaks. 14 work was not a basis for reliable conclusions here, 15 its own, correct? A. That is correct. Q. Okay. And is it fair, then, that if for 15 that then there would be no scientific conclusions 16 is to really watch. He's supposed to work with 16 that are reliable in your report? 17 Exponent, but he's supposed to -- he's not doing 17 In other words, you don't have any other 18 testing. He is listening to their work plan. He's 18 source of reliable evidence about the balls other 19 listening to, you know, their ideas. He's running 19 than what you claim is done by Exponent as 20 numbers. 20 supervised by Dr. Marlow; is that correct? So we get Dr. Marlow. Like I said, his job 22 eyes and ears so I got to double-check. And one 22 23 other thing I want to say is that I told them both 23 A. I have no other source; that is correct. Q. Right. A. My only hesitancy about adopting your 24 in the interview before I even hired them, I said 24 question in full is if it was established there was 25 what this job involves is similar to being a 25 a mistake in some small area and it didn't impact 21 They are going to run numbers, but he's my 75 of 172 sheets 21 Page 282 to 285 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLERPage 286 DIRECT/WELLS/KESSLERPage 288 1 the overall conclusion, that wouldn't necessarily 1 could affect the application of the Ideal Gas Law to 2 invalidate the entire analysis. But I think we are 2 the footballs that were tested during the AFC 3 on the same page. 3 Championship Game; is that fair? 4 Q. If it was something sufficient to render it 4 A. I think the answer is yes. And let me 5 unreliable, then there would be no reliable 5 explain why I'm hesitating, Mr. Kessler. The 6 scientific findings here? 6 application of the Ideal Gas Law is, in and of 7 itself is, it's kind of nuanced in the sense that 7 A. Yeah, I do not have any independent 8 scientific analysis within my team or somewhere 8 the Ideal Gas Law is a theoretical concept that 9 else. You are correct. 9 predicts the impact of temperature change on 10 11 12 13 14 Q. Okay. Now, Dr. Marlow's specialty is 10 pressure. 11 theoretical physics; is that correct? A. That's my understanding. Q. He is not an expert statistician, right? A. No, but as part of the -- well, I don't know And it's a mathematical formula that you need 12 a whole lot of things to be satisfied and in place 13 for it to work. So that, the Ideal Gas Law was out 14 there. Q. Let me ask you differently. A. Okay. Q. Let me ask you this way. You came to learn 15 that. I don't want to say that he's not an expert 15 16 statistician because I do not know. I know 16 17 Exponent, we have a professor of statistics with a 17 18 Ph.D. who is a core part of our team who is here to 18 that no one ever recorded the precise time that each 19 testify today. 19 of the balls were tested at halftime, correct? 20 21 Q. You didn't look to Dr. Marlow to provide this 20 21 statistical expertise? A. Q. A. Q. I didn't need the experts for that. You learned that? 22 24 A. No. Q. That was not why he was hired by you? A. No, no. That would be totally incorrect. 24 temperature inside the clubhouse at the time that 25 The statistical work in the early days, Dr. Marlow 25 the balls were tested at halftime, correct? 22 23 23 I learned that from the interviews. You came to learn that no one recorded the DIRECT/WELLS/KESSLERPage 287 DIRECT/WELLS/KESSLERPage 289 A. Correct. Q. You came to learn that no one even specified 1 from my personal observations, participated fully 1 2 because -- because the way we did it, I just forget 2 3 what page it was on (perusing). The way we 3 whether or not the -- wrote down and specified 4 approached it, Mr. Kessler, was as follows. 4 whether the Colts' balls were tested after or before 5 the Patriots' balls were reinflated? It was uncertain about that, correct? 5 You know, the first question we asked just 6 looking at the raw numbers, was whether or not there 6 7 was a difference. If you just looked at the 7 8 numbers, it looks like the Patriots' balls drop more 8 9 than the Colts. 9 10 And then the question is, is that drop as a 10 A. Correct. Q. Okay. You came to learn that no one indicated whether the balls were wet or dry when they were tested? A. Correct. I don't have any data. Q. Right. A. And again, I have different witnesses who 11 result of chance or something else? And so that was 11 12 the question about statistical significance, just 12 13 looking at the raw numbers. Because if they had 13 14 told us it's just chance, maybe it's not there and 14 have different recollections. But I don't have any 15 you don't spend a lot more money. 15 written documentation about what people saw at that 16 moment in time, other than the raw data. 16 And so that was kind of the first look-see Q. And at all the points I'm covering, if you 17 just looking at the raw numbers. And I remember 17 18 right after we hired Dr. Marlow, he was on the phone 18 have different witnesses, they have different 19 with me giving me his views of the statistics. 19 recollections because that's why you wrote it was 20 uncertain? 20 So that's why I say he was fairly active in 21 those early discussions and throughout the entire 21 22 representation. Dr. Marlow was, from my 22 23 observation, very much into the statistics. 23 A. That's correct. Q. Because the recollections were different? A. That's correct. When I had sufficient -- 24 Q. Mr. Wells, you came to learn from Exponent 24 when I thought the evidence was sufficiently clear, 25 and Dr. Marlow that there were many unknowns that 25 we made a finding -- 06/25/2015 03:43:11 PM Page 286 to 289 of 457 76 of 172 sheets DIRECT/WELLS/KESSLERPage 290 1 2 Q. A. DIRECT/WELLS/KESSLERPage 292 Right. 1 -- or we stated this is the facts. When I 2 3 thought there was uncertainty and I wasn't willing 3 4 to make a finding, I stated with clarity that there 4 5 was uncertainty. 5 6 Q. 6 So there was, I think you wrote in your Q. Now, Mr. Anderson was interviewed by you, correct? A. Yes, sir. Q. And he said his best recollection was that it was the logo gauge, correct? A. That's absolutely correct. Q. So you have decided to conclude something 7 report that there was uncertainty about the time. 7 8 There was uncertainty about the temperature. There 8 opposite to the best recollection of the only 9 was uncertainty about the order of the tests. There 9 witness you have as to which gauge was used, right? 10 10 was uncertainty about the wetness or dryness. 11 And you also came to learn all those factors A. Well, no. When you say "the only witness, I 11 have three witnesses as to whether the ball started. 12 could affect a determination as to whether the 12 Because that's the issue. Let's talk about the -- 13 Patriots' measurements could have been due to 13 let's forget people for a minute. The issue is 14 natural forces or not? You came to learn that, 14 where did the balls start in the locker room before 15 correct? 15 they went outside? 16 A. 16 Yeah. And, in fact, one of the things, we Because what we are trying to measure, we are 17 have had a lot of testimony about it today was the 17 trying to measure the beginning pressure from where 18 impact of timing within the locker room at halftime. 18 they started in the locker room pre-game, and then 19 And just what Dr. Dean Snyder was discussing, but -- 19 the balls go outside. They deflate with the cold. 20 but when we first get into the case, we haven't 20 Then they come back into the room at halftime and 21 focused on that yet. 21 they start to slowly rise. 22 22 All these articles I'm getting at the And those measurements that Mr. Prioleau and 23 beginning of the case on the Ideal Gas Law are based 23 Mr. Blakeman took, now you are trying to compare 24 on the assumption that they measured the balls in 24 what was the starting psi and where was it at 25 the warm locker room. They have taken them out to 25 halftime? So that's the exercise, okay. So the DIRECT/WELLS/KESSLERPage 291 DIRECT/WELLS/KESSLERPage 293 1 the field where it's, like, 48 or 50 degrees. And 1 question, the relevancy of non-logo, logo, is really 2 the story kind of ends. 2 to ask your question, where did the balls start? 3 Nobody is really focused yet that when they 3 Now, the evidence we have is that the 4 came in at halftime and they brought the balls back 4 Patriots were emphatic with us that they set their 5 into the room, that when they came from the cold 5 balls at 12.5 or 12.6. That testimony came from 6 back into the hot, the warmer room, the pressure 6 Mr. Jastremski and it also came from Mr. Brady. Our 7 started to increase as they heated up. And really, 7 balls are coming in at 12.5 or 12.6. So that's the 8 Exponent was the expert that really focused on that. 8 Patriots. So I assume for the AFC Championship 9 And that's why I discussed in such detail in 9 Game, the Patriots are set. They know where they 10 the report, because they are the ones that focused 10 are setting their balls. They have told me they are 11 on that issue which really no one, you know, to my 11 12.5, 12.6. 12 knowledge, had. And I wasn't even sensitive to it. 12 13 Q. We then go interview the Colts. The Colts 13 say their balls are at 13, maybe 12.95, maybe 13.1, 14 being uncertainty, you wrote was whether or not when 14 but that's their number. But they are 13. And they 15 the initial testing was done before the game, 15 are emphatic. You have two witnesses, the Colts at 16 whether that was done by the logo gauge or the 16 13, Patriots at 12.5. And let's just forget Walt 17 non-logo gauge, right? You concluded that was 17 Anderson existed. If he disappeared from the face 18 uncertain? 18 of the earth, I would have written a report that No, no. I made an express finding and so did 19 said these balls started at 12.5 and 13 because 20 the -- the experts made a finding and I -- and when 20 that's what the Patriots told me and that's what the 21 I say "I," I mean collective "I," my team, we made 21 Colts told me. 22 an express finding that the non-logo gauge is the 22 Now, what happened next is Walt Anderson 23 gauge that was used by Walt Anderson when he tested 23 actually gauged the balls. And Walt Anderson said 24 the balls. That is an express finding in the 24 when he gauged the balls, they measured Patriots 25 report. 25 12.5, may have been a couple, two exceptions, and 19 A. And Mr. Wells, another point you came to as 77 of 172 sheets Page 290 to 293 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLER Page 294 DIRECT/WELLS/KESSLER Page 296 A. That it correct. Q. So as you are sitting here, you have no idea 1 Colts at 13. So Walt Anderson without talking to 1 2 the Patriots, talking to the Colts, has said what he 2 3 observed is just what the Patriots said and what the 3 whether the Patriots and the Colts gauge would read 4 Colts said. 4 exactly like the logo gauge or the non-logo gauge? 5 5 You have no basis for knowing one way other the 6 The only way Walt Anderson could get to 12.5 for the 6 another? 7 Patriots and 13 for the Colts is if he used the 7 8 non-logo gauge. And that is because the logo gauge 8 9 always reads .3 to .4 higher. It is consistent. 9 Now, how do you get to what gauge he used? A. In terms of the actual gauge, you are absolutely correct. I had to make a judgment. Q. So bear with me. 11 it hundreds of times. It always reads .3 to .4. 11 A. Okay. Q. If their gauges read like the logo gauges 12 It's like I tell people I have a scale in my house. 12 because they were older gauges that were given by 13 Wilson and may have looked just like the logo gauge, 10 13 That gauge, it may read high, but we tested Q. Mr. Wells, can I break in to ask a question 10 14 here. I know you would like to make a speech about 14 then they might read like the logo gauge if that was 15 your report, but I would like to ask a question. 15 true? 16 MR. LEVY: Why don't we let him finish. 16 A. 17 MR. KESSLER: It wasn't even the question. 17 strike and what you would have to have happen in 18 MR. NASH: It was. 18 terms of my analysis, you would have to have had I have a scale in my house. I have two 19 A. That's what I mean if lightning were to 19 both teams for that Championship Game had gauges 20 scales. One scale reads the same as the calibrated 20 that were .3 to .4 off and then that all flowed into 21 scale at the gym. I know that's the perfect scale. 21 Walt Anderson using the logo gauge which was .3 to 22 I have another scale that always reads three pounds 22 .4 off. 23 lighter. I love that scale. But that scale is as 23 24 calibrated as the good one. 24 what I ruled. I think what I ruled is totally -- 25 not only do I think it's correct, I think it's 25 You know why? It's consistently three pounds And I don't think that happened and that's DIRECT/WELLS/KESSLER Page 295 DIRECT/WELLS/KESSLER Page 297 1 under. That's how -- that's how the logo gauge is. 1 2 It always is reading high. And the only way you 2 3 could get those measurements where Walt says he saw 3 make lightning strike. The Patriots didn't tell 4 just what the Patriots saw and what the Colts saw is 4 you -- you mentioned you had three sources. The 5 with the non-logo gauge. 5 Patriots didn't say anything about what gauge 6 reasonable. Q. Now let's talk about what else is here to 6 Mr. Anderson used, right? They didn't know what 7 maybe lightning could strike and both the Colts and 7 gauge he used? 8 the Patriots also had a gauge that just happened to 8 9 be out of whack like the logo gauge. I rejected 9 10 And that's why we made that finding. Now, 12 13 14 15 16 17 18 11 MR. LEVY: Why don't you ask another 12 question. Q. 13 Okay, Mr. Wells, I know you have been in my 14 shoes, okay. A. Q. A. Okay. 15 Try to bear with me and answer my questions. 16 I just haven't been in this chair. This is 17 kind of interesting. 19 20 10 that. 11 Q. 18 MR. NASH: You asked for it. 19 So my question is very specific. I am going 20 21 to try to be very specific. You just testified that 21 22 you never found the Patriots gauge, right? You now 22 23 that? 23 24 A. Q. 25 That is correct. 24 You never found the Colts gauge, correct? 25 06/25/2015 03:43:11 PM A. Correct. Q. The Colts didn't tell you anything about what gauge he used, correct? A. Correct. Q. The only person who told you anything about which gauge he used is Mr. Anderson? A. Correct. Q. Who said his best recollection was it was the logo gauge, direct? A. Correct, but he also said it was possible he was mistaken. Q. As you know as a lawyer, witnesses will say anything is possible? A. Not Walt Anderson. You need to meet him. You should call him. Q. He maintained with you he really thought it was the logo gauge? A. Page 294 to 297 of 457 But he also maintained that he could have 78 of 172 sheets DIRECT/WELLS/KESSLERPage 298 1 2 3 4 5 6 DIRECT/WELLS/KESSLERPage 300 1 been wrong. Q. Now, let me direct your attention to NFL 2 3 Exhibit 14. A. I don't have it. I don't have it, sir. Q. You don't have that? A. Unless somebody gives it to me. A. -- 56. Q. Yes. A. And this is in the report. I just don't 4 think we addressed 260. But on 256, if you look at 5 it, it says, I think it says, "Belonged to JJ." 6 Do you see that? Q. Yes. A. He wrote that days later because Robyn 7 MR. NASH: I will get you one. 7 8 MR. KESSLER: I'm sorry; I apologize. 8 9 THE WITNESS: This is the whole book? 9 Glaser, a lawyer for the New England Patriots, told MR. NASH: That's the binder. It's 14. 10 him that that was JJ's gauge. And then he wrote it I'm sorry; I didn't have it. Okay, go ahead. 11 there. Take a look at page 260. 12 260? 13 did this come from and when? He said, This is what Do you recognize these were the notes that 14 Ms. Glaser told me and we talked to her and she is 10 11 12 13 14 A. Q. A. Q. And when we questioned him, we said, Where 15 were taken, this whole exhibit, at the various 15 confused, so that's how it got there. It was after 16 testing at the halftime and the post-game the day of 16 the fact and it came from Robyn Glaser. And I think 17 the game? Do you recognize that that's what these 17 we explained that in a footnote in the report, if my 18 notes are? 18 recollection is correct. 19 20 21 22 23 24 25 A. But just help me. Are these -- is this what is taken at the end of the game? Q. Well, it's all of it. What's taken on page -- A. Page 260. Q. -- page 260, as you can see, has four and four. So this would have been at the end of the 19 Q. Take a look at page -- take a look the 20 Exponent report for a second, which is NFLPA 21 Exhibit 8, if it's separate. Take a look at page 22 Roman IX, the Executive Summary. 23 It says in the second paragraph, "We have 24 been told by Paul, Weiss that there remains some 25 uncertainty as to which of the two gauges was used DIRECT/WELLS/KESSLERPage 299 1 DIRECT/WELLS/KESSLERPage 301 1 game? 2 A. Okay, that's what I wanted clarification. I 3 agree these are the notes taken at the end of the 3 4 game. 4 5 6 7 8 9 10 11 Q. Okay. And I will show you the other pages, A. Okay, okay. Q. So at the top, it's written when it says, "Ending number 1," okay. A. Right. Q. It says, "JJ gauge, red Wilson sticker." 12 13 14 15 16 5 too. A. Q. A. Q. prior to the game." 2 Do you see that? A. Yes. Q. Is that true? A. You know that is true that I told them that, 6 but ultimately, in the report itself, I make an 7 express finding that the non-logo gauge was used. 8 And, in fact, also in the Exponent report, they make 9 the finding. 10 But in terms of my role as the ultimate 11 finder of fact, I made a ruling that I believe is Do you see that? 12 absolutely correct based on the evidence that the Yes. 13 non-logo gauge is the one that was used by Walt You know who JJ is? 14 Anderson. Yeah, Jastremski. 15 Okay. So somebody thought the gauge used by 16 Q. Well, when did you tell them there was some uncertainty remaining? A. At the beginning of the case because I didn't 17 Indianapolis was the same as JJ's gauge, 17 18 Mr. Jastremski's missing gauge, correct? 18 know, okay. We have uncertainty. They did one. 19 They go out and buy hundreds of gauges and they do 19 A. Yeah. Let me tell you what I recollect 20 happening. These notes are made by Mr. Farley. 20 not only what they call exemplars, they take the 21 Mr. Farley wrote things on these documents after 21 logo gauge and the non-logo gauge. 22 they were signed. So the one I know -- I don't have 22 23 an express recollection about 260. The same 23 these gauges, do they work, are they reliable and 24 information, though, is -- he writes on 2 -- 24 are they consistent? So they run the test on the 25 non-logo gauge and they find that that gauge is 25 Q. 56? 79 of 172 sheets The right question to ask is whether both of Page 298 to 301 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLERPage 302 DIRECT/WELLS/KESSLERPage 304 Q. Okay. I'm not going to quarrel with you 1 almost perfectly calibrated. It works over hundreds 1 2 of tests. It works close to what they call the 2 right now about what you did. I just want to 3 master gauge. They have a master 3 confirm, so in addition to Mr. Anderson, there are a 4 perfectly-calibrated gauge. 4 number of other testimony from people who you rejected in your conclusions in this case, correct? 5 Q. So your testimony, I just want to understand, 5 6 is that the Exponent report was issued the same day 6 7 as your report, correct? 7 8 9 A. Yes, sir. Q. And despite that fact, they wrote on that day 8 9 A. Q. A. Q. You have to give me specifics. I am going to give you specifics. Okay. You rejected the testimony of Mr. Brady that 10 that there was some uncertainty still about which 10 he knew nothing about the ball deflation in the AFC 11 gauge was used. You are saying they were wrong? 11 Championship Game, right? You rejected that? 12 There was no longer any uncertainty -- 12 13 14 15 16 17 18 A. No, no, sir. Q. -- the date their report was issued? A. I said ultimately I made a finding in the A. I did reject it based on my assessment of his 13 credibility and his refusal or decision not to give 14 me what I requested in terms of responsive 15 documents. 16 report. Q. Did that resolve the uncertainty? A. Well, what I'm saying to the public, anybody And that decision, so we can all be clear and 17 I will say it to Mr. Brady, in my almost 40 years of 18 practice, I think that was one of the most 19 that reads this report, you will see I say clearly, 19 ill-advised decisions I have ever seen because it 20 because I try to be transparent about what all the 20 hurt how I viewed his credibility. 21 witnesses said. So I say Walt Anderson says it is 21 22 his best recollection that he used the logo gauge. 22 23 We then did tests that showed that there is 23 Q. If he had given you that, you would have accepted his statement? A. I do not know. I can't go back in a time 24 consistent uptick on the logo gauge of .3 to .4. 24 machine, but I will say this. It hurt my assessment 25 The scientists, the Exponent people say they believe 25 of his credibility for him to begin his interview by DIRECT/WELLS/KESSLERPage 303 DIRECT/WELLS/KESSLERPage 305 1 based on their scientific tests that the non-logo 1 telling me he declined to give me the documents. 2 gauge was used. 2 And I want to say this. At that time, 3 3 neither his lawyer nor Mr. Brady gave me any reason 4 uncertainty, but I am making a ruling as a finder of 4 other than to say, "We respectfully." They were 5 fact, because that's my job as the judge, that it's 5 respectful. They said, "We respectfully decline." 6 more probable than not that the non-logo gauge was 6 There wasn't anything about the Union or it wasn't 7 used by Walt Anderson. That is set forth in those 7 anything, This was what my lawyer told me and I am 8 words or substance in both my report and in the 8 going to follow my lawyer's advice. 9 Exponent report. 9 I have a ruling that says there's I was given no explanation other than, "We 10 Q. Okay. So in your role as the judge, okay, 10 respectfully decline." And I did, I walked 11 you concluded that you were going to reject as a 11 Mr. Brady through this request in front of his 12 finder of fact Mr. Anderson's best recollection that 12 agents and lawyers. So I understood that he 13 he used the logo gauge, correct? 13 understood what I was asking for and they were 14 declining. 14 A. Not only did I reject it, I first said this Q. Did his agents or lawyer ask you what the 15 is what he says and this is why I am rejecting it. 15 16 And I set it out so everybody can see it. Look, 16 authority was for you asking for those types of 17 this is no different than a case where somebody has 17 information? 18 a recollection of X happening and then you play a 18 A. No, that's not my recollection. They asked 19 tape and the tape says Y happened. 19 the authority for him to do the interview, I think. 20 Q. You don't recall them asking for the 21 it, I remember it was X. But the people are going 21 authority to demand e-mails or cell phones or 22 to go with the tape. I went with the science and 22 anything like that? 23 the logic that I had three data points. And that's 23 A. My recollection, there's e-mail. The e-mail 24 what I based my decision on. It is a totally 24 says what it says. But I thought the e-mails said 25 reasonable and, I think, correct decision. 25 authority to conduct the interview, but we ought to 20 Now, the person could keep saying, well, darn 06/25/2015 03:43:11 PM Page 302 to 305 of 457 80 of 172 sheets DIRECT/WELLS/KESSLERPage 306 1 2 DIRECT/WELLS/KESSLERPage 308 1 grab the e-mail. Q. We will come back to that. 2 Let me just go through where I wanted to go, A. I don't think so. Could you show me where I do that? 3 Q. Well, didn't you conclude that it departed 4 other people you rejected. You rejected Mr. Brady 4 from some established protocol for McNally to take 5 as we just said. You rejected Mr. Anderson. You 5 the balls by himself to the field and this was a 6 rejected Mr. Jastremski and Mr. McNally who denied 6 fact that you relied upon? 7 any knowledge of any deflation on the AFC 7 8 Championship Game, right? You rejected the two of 8 on our interviews of the referees, that Mr. McNally 9 them? 9 was either to take the balls out with the refs as 3 A. My recollection is what we said is that based 10 A. 10 they walked out of the locker room or if he was 11 candid. 11 going by himself, he had to get permission first. Q. 12 That is what my recollection of the report is. 12 Yeah, because I did not think they were being Okay. I just want to go through the various 13 people who you rejected. In addition, do you 13 14 recall, I think you already mentioned you rejected 14 has any rejection of their testimony. And if it 15 what Farley wrote down that it was Mr. Jastremski's 15 does, I will stand corrected if you show it to me. 16 gauge? You concluded that was not correct? 16 17 A. And I don't think -- I don't think the report Q. So you do accept the fact that Mr. McNally 17 might routinely take the balls out by himself if he 18 after the fact and Robyn Glaser confirmed that she 18 had permission? 19 told that to Farley and it was just a mixup. It 19 20 wasn't a question of rejecting it. 20 "routinely." What we ruled and found in the report 21 in terms of what was standard operating procedure 21 No. Mr. Farley told me that he wrote it down It was a question of when I looked this, the A. I am just quarreling over the word 22 right question to ask was that statement put on 22 based on the referees and those are the people we 23 there contemporaneously with the other stuff? Was 23 based it on, is that he had to get permission if he 24 it done on the night of January the 18th? 24 was going out by himself. 25 Well, Mr. Farley said no, he wrote that days 25 Q. But you are not saying you don't believe the DIRECT/WELLS/KESSLERPage 307 DIRECT/WELLS/KESSLERPage 309 1 later and he wrote it because Ms. Glazer said it. 1 people standing outside the door who said to them it 2 So I actually accepted what Mr. Farley told me what 2 was routine or half the time that he would go with 3 happened. 3 the balls himself to the field? 4 5 6 7 8 9 Q. 4 Do you recall that there was someone you on that because there was no question that he had I'm not sure. Somebody on the team may have. 6 not gotten permission that day and that he had She worked for Team Ops, a security guest 7 broken protocol. And I didn't need to drill down 8 and decide when he walked down the hall 50 percent 9 of the time by himself or was this person right or services company who worked for the Patriots. A. I didn't feel I needed to reach a conclusion 5 interviewed who was named Rita Callendar? A. Q. A. Oh, she was the person that stood outside one 10 of the locker rooms, right. Now I recall her. Go 10 11 ahead. 11 12 Q. And Ms. Callendar told you that she estimated that person right. What I ruled was that he left without 12 permission and that he broke protocol and didn't 13 about 50 percent of the time, Mr. McNally took the 13 really turn on what those two individuals were 14 balls out by himself to the field. Do you recall 14 saying. So I didn't have to make a judgment about 15 that? 15 them. 16 A. Q. 17 Yes. 16 And you got the same testimony from Mr. Paul Q. Let me ask you this. You indicated in your 17 report and at your press conference that you found 18 Galanis who was stationed just outside the entrance 18 that there was no bias by NFL or by the NFL in how 19 to the Patriots locker room who said it was routine 19 it conducted the testing; is that correct? 20 for McNally to walk to the field with the game balls 20 21 unaccompanied, correct? 21 A. That is correct. Q. Okay. But you did not interview 22 23 A. Q. Correct. 22 Commissioner Goodell in connection with that, And you rejected their interviews with you, 23 correct? 24 correct? You rejected that testimony as being 24 25 inaccurate? 25 81 of 172 sheets A. To my knowledge, as I sit here, I don't think Commissioner Goodell had anything to do with the Page 306 to 309 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLERPage 310 1 2 DIRECT/WELLS/KESSLERPage 312 1 testing. Q. Did you interview Jeff Pash in connection 2 A. No, sir. Q. Okay. And would you agree with me that if 3 with that, your co-lead investigator, whatever his 3 that policy was not directed to players, that policy 4 role was? 4 might not then impose any duties on players to 5 cooperate or not? You haven't looked into that, 6 right? 5 6 7 8 9 10 11 12 13 A. To my knowledge -- you are asking me to do with the testing? Q. Yes. A. To my knowledge, Mr. Pash had nothing to do with the testing. Q. Did you interview Mr. Vincent? A. Yes. I interviewed all the people who were there at the game. Q. Did you ask them to give you e-mails and text 7 A. I haven't looked into it, but what I will say 8 is Mr. Brady's agents at no time told me that was an 9 issue, because if they had told me it was an issue, 10 we would have had a discussion. Maybe I would have 11 called Ms. McPhee. Maybe I would have called 12 Mr. Ehrlich. 13 I would have called somebody because I will 14 messages, Mr. Vincent or the other NFL officials who 14 tell you I did not -- I wanted -- I did not want 15 were there? Were they asked to give you e-mails and 15 Mr. Brady in a position where I would have to write 16 text messages concerning the game-day activities on 16 that he didn't cooperate or when I interviewed 17 what happened with the Colts? 17 him -- everybody said the guy was a great guy. 18 Everybody said he was a great guy, great reputation. 19 A. I do not think so. Q. Okay. Did you ask anyone else except 20 Mr. Brady, Mr. McNally and Mr. Jastremski and 20 cloud hanging over him, okay? And that's why I told 21 Mr. Schoenfeld to give you text messages or e-mails 21 Mr. Yee, I will take your word. You do the search 22 in connection with your investigation? 22 and I will take your word. 18 23 A. 19 And I wanted to interview him without this Q. Now, let me ask you this. When were you I asked people at the Patriots and I'm not -- 23 24 I'm not sure in terms of anybody else. I'm just not 24 retained in connection with this matter? Do you 25 sure as I sit here. But we can find out. I want 25 remember when? DIRECT/WELLS/KESSLERPage 311 1 DIRECT/WELLS/KESSLERPage 313 1 you to have the answer. A. Yeah, no, I know I was an hour away from 2 Q. Did you ask anyone at the NFL for any of -- 2 surgery. January 21st, they called me. I was ready 3 anyone who is employed by the NFL for e-mails or 3 to get my knee operated on at 7:00 and they called 4 text messages to your knowledge in connection with 4 me, like, at 5:00 or 5:30. 5 this investigation? 5 6 7 8 9 A. Q. Did you not contact Mr. Brady or his 6 representatives to make any kind of requests for I will get you an answer for the record. 7 e-mails or phone records or text messages until Q. With respect to the request made to 8 February 28; is that correct? I do not recall. But again, we can find out. 9 Mr. Brady -- A. That is correct. But I had given -- my A. Yes, sir. Q. -- did you ever, yourself, determine whether 10 recollection, we had given it earlier to 11 11 Mr. Goldberg and then what Mr. Goldberg said -- 12 you had the authority under any applicable policy to 12 Mr. Goldberg was -- 13 ask Mr. Brady to require him to turn over his 13 14 e-mails or text messages? Did you ever look 14 15 independently into that issue? 15 sat in on every interview, including Mr. Brady's. 16 So I'm dealing with Mr. Goldberg. At some point, 10 16 A. I can tell you when I did the Miami Dolphins Q. Who is he? A. Mr. Goldberg is a lawyer for the Patriots who 17 investigation and I sat with either Ms. McPhee or 17 Mr. Goldberg tells me -- and I think I have given 18 Ned Ehrlich, I asked people for their phones, 18 Mr. Goldberg at that time a written request for 19 players, and they gave me the phones. 19 Mr. Brady's phone stuff. Q. When you did the Miami Dolphins 20 20 Mr. Goldberg says the agents are going to 21 investigation, was that under the policy that you 21 deal with it. You got to deal with his agents 22 cited here on competitive integrity? 22 directly. He says, I'm out of it now. So then we 23 write -- we take what we had already given 24 Mr. Goldberg and we write it to Mr. Yee. So that's 25 what happened. 23 24 25 A. No. Q. Okay. And had you ever done an investigation previously under the privilege integrity policy? 06/25/2015 03:43:11 PM Page 310 to 313 of 457 82 of 172 sheets DIRECT/WELLS/KESSLER Page 314 1 2 3 Q. DIRECT/WELLS/KESSLER Page 316 At no time did Mr. Goldberg ever tell you he represented Tom Brady, did he? A. 1 did the gauges work, that so-called logo gauge that 2 reads .3 to .4, it was tested hundreds of times. 3 Mr. Goldberg, if you talked to him, said he So you really know where it was. It wasn't 4 represented everybody at the Patriots. That was how 4 an erratic gauge. If you had a gauge that some days 5 he held himself out. But then he made himself 5 read .7 over and other days it read .2 and other 6 clear, with respect to Mr. Brady, I was going to 6 days it read below, then you couldn't base anything 7 have to deal with the agents. I mean, he made that 7 because that gauge was bouncing around. 8 clear. 8 9 Q. I just have some final questions for you, But because the logo gauge was consistently 9 .3 to .4 over, and because the non-logo gauge was 10 Mr. Wells. Would you agree that there were no 10 almost perfectly calibrated, we knew we had good 11 established protocols that you found in the League 11 gauges and that gave us the ability to do scientific 12 to collect all the data that you would have liked to 12 analysis and make conclusions that we felt were 13 have to determine whether or not a drop in ball 13 reliable. 14 pressure was due to natural forces or some 14 15 tampering? There was just no protocols to collect 15 that the scientific analysis does not prove with, 16 that, right? 16 quote, "absolute certainty" whether there was 17 A. And one of the things we say in the report is 17 tampering or not tampering. But the data ultimately 18 interviewing referees and just witnesses in general 18 was sufficiently reliable that we felt comfortable 19 is that there was no appreciation for the Ideal Gas 19 when we looked at the evidence in its totality. 20 Law and the possible impact that that might have. 20 21 And so people didn't appreciate that if you measured 21 just the science. It involved Jim McNally calling 22 a ball in a hot locker room and then took it out to 22 himself the deflator and saying he had not gone to 23 a cold field, you have automatic drop. 23 ESPN yet. And it involved the text message where 24 Mr. Jastremski says he talked to Mr. Brady. And 25 there's a reference to McNally must have a lot of 24 25 I told you I agree. What I found in Now, the Patriots had figured that out, okay. Mr. Jastremski had figured that out because he talks And the totality of the evidence involved not DIRECT/WELLS/KESSLER Page 315 DIRECT/WELLS/KESSLER Page 317 1 about it in one of his texts. But again, that 1 2 didn't have anything to do in terms of procedures. 2 3 You are correct, there were no procedures. 3 we had was a break in protocol and he goes into the 4 bathroom and just the science, the result might very 4 Q. Okay. And finally, there are many times when stress getting them done. If those text messages did not exist, and all 5 the Exponent report indicates that they've heard 5 well be totally different. But when you combine the 6 from Paul, Weiss that certain factors are unknown or 6 break in protocol, going into the bathroom, the text 7 uncertain, correct? 7 messages and the science, we felt comfortable reaching a judgment. 8 A. Sure, yes. 8 9 Q. And you would agree with me the fact that 9 It was a totality of all of the evidence 10 there were these unknowns is because there weren't 10 analysis that gave us comfort in deciding it was 11 these procedures to provide that information? 11 more probable than not. We looked at all of the 12 Otherwise they would be certain, right? 12 evidence together. And that's what juries do all 13 the time. 13 A. That is -- that is absolutely correct. I 14 mean, sometimes people break procedures, but you are 14 15 right, I would have had data. In most jury cases, each side will have an 15 expert. One expert will say X happened to a 16 Look, all of the things you said in terms of 16 reasonable degree of scientific certainty. The 17 your opening statement that we had unknowns, we were 17 other side will say, well, my expert says Y happened 18 aware of and we considered and we recognized that 18 to a reasonable degree of scientific certainty. 19 one of the options was maybe you had so many 19 20 unknowns that you would have to say it's 20 about not just the science, but the whole case. And 21 inconclusive. 21 the judge gives them the discretion as long as it's 22 The jurors sit there and they make a judgment 22 not so unreliable that you can't make decisions. 23 reached it in great part because those gauges did 23 And that's what we did in this case. And that's why 24 work. See, look, the biggest thing when we started, 24 we reached the conclusions that we did and we think 25 we wanted to know did the gauges work? When I say 25 the conclusions are right and we think they are But we reached a different ruling and we 83 of 172 sheets Page 314 to 317 of 457 06/25/2015 03:43:11 PM DIRECT/WELLS/KESSLERPage 318 1 2 3 MR. LEVY: Mr. Kessler, do you have anymore 5 7 8 9 10 11 12 tested that ball and he tested it with two gauges. 2 And it's not in the report because we didn't 3 think -- at that point in time, the intercepted ball 4 because nobody knew whether or not the Colts might THE WITNESS: I'm sorry. 5 have tampered with it or something, we didn't use 6 that as part of the analysis. Q. Mr. Wells, did you make the decision not to 7 use the data from the post-game measurements? A. 1 MR. KESSLER: Just a couple more. questions? 4 6 DIRECT/WELLS/KESSLERPage 320 reasonable. Well, we actually made -- we actually write in the report that, and there is a footnote. I just forget what page it is. Q. 73? A. Okay. That data we decided not to use. And Later on after the fact, I don't know if it 8 was the Patriots or somebody said, well, you could 9 have used that ball as data that maybe the gauges 10 were off, what have you. But the fact is that 11 Riveron told us he tested it three times. I forget 12 what the numbers are. And he used both of the 13 the reason we decided not to use it is because we 13 gauges. 14 didn't know where the four Colts' balls came from. 14 15 So they measured four Colts' balls at halftime. 15 16 They then bring balls back in at the end of the 16 17 game. 17 18 They measure four bolts balls. They have no 18 19 idea if the four Colts' balls they measured at the 19 20 end of the game were the four Colts' balls they 20 21 measured at halftime. So that was the Colts. 21 22 With respect to the Patriots' balls, when 22 23 23 they found out at halftime that the Patriots' balls 24 were all under regulation, they pumped the air into 24 25 them, but he didn't keep any record of how much air 25 Q. That would be in the interview reports if you kept the interview reports? A. That's my recollection. Q. But you took notes of all that, either you or your staff, right? A. Q. A. Q. Yeah. They exist, those interview notes? Yes, sir. Okay. And they contain a lot of information that's not in this report, correct? A. Oh, yeah, thousands of pages. Q. Okay. Have you ever shared any of those DIRECT/WELLS/KESSLERPage 319 CROSS/WELLS/NASH 1 he put in. So we didn't have any records if the 1 2 balls were 13.5 or what. So when the balls came 2 3 back in, we didn't have any point to start at. 3 4 5 6 Q. Didn't your report say they pumped them to 4 5 13? A. I'm not sure. My recollection is they -- it 6 7 wasn't an exact number, but if that's what the 7 8 report says, I will go with the report. Page 321 interview reports with counsel for the NFL -- A. Q. A. Q. A. Q. No, sir. -- in this matter -No, sir. -- to prepare for this? Not a bit. It wasn't just shared with counsel for the 8 NFL today in front of me as I was looking across as 9 Q. I think your report says, if someone could 9 they were preparing to do examinations? None of 10 check for me, I think the report says 13. So let's 10 your interview notes have ever been shared with any 11 assume that's what it says. 11 counsel for the NFL? 12 12 If they all were pumped to 13, if that's what 13 the official said, couldn't you use the four 13 14 Patriots' balls to test, then based on what had 14 15 happened versus the 13, because they weren't going 15 16 to be tampered with during that second half, right? 16 17 They could have been used? 18 A. 17 And you may have, that's correct, if that's A. Q. A. Q. No, sir. Anyway, those reports exist, correct? I said that. And you know that it's been ruled that we can't get access to those reports in this case? A. I understand that. 18 MR. KESSLER: I don't have any further 19 what the report says. I will go with whatever the 19 questions at this point, especially since I am sure 20 report says. 20 that I am bordering on the end of the time that you 21 have given us. 21 Q. Okay. And then secondarily, did you make the 22 decision not to use the 12th ball that was tested 22 23 three times by the same official with the same 23 24 gauge? 24 25 A. No, it wasn't the same gauge. Al Riveron 06/25/2015 03:43:11 PM 25 MR. LEVY: We are going to continue to be flexible. Mr. Nash? MR. NASH: Yes. CROSS-EXAMINATION BY Page 318 to 321 of 457 84 of 172 sheets CROSS/WELLS/NASH Page 322 CROSS/WELLS/NASH Page 324 2 Q. Mr. Wells, you were asked about your role and 2 A. Yes, sir. Q. And I think you referred to yourself as the 3 your independence. And you gave some answers and I 3 finder of fact and the judge. Can you explain what 4 just want to ask you a few questions about that. 4 you meant by that when you say "judge" or you made a 1 1 MR. NASH: 5 First of all, what is your background in 5 ruling. 6 conducting investigations like the one that you were 6 A. 7 retained to conduct here? 7 facts and then render a personal opinion. That's Well, within the sports area, I've done four 8 what it is. It is an opinion. When a jury renders investigations. I have done investigations for the 9 a verdict, it's their opinion. My job, and it's my 8 9 A. Yeah. Look, my job was to investigate the 10 NFL with the Miami Dolphins. I did this 10 team. This decision, the rulings in the report, 11 investigation with Deflategate. 11 though they call it the Wells report, were unanimous 12 12 for myself and Mr. Reisner and Brad Karp, the 13 Association with respect to the practices of former 13 partners on the team. 14 Executive Director Billy Hunter. I did the 14 15 investigation for the University of Syracuse Board 15 personal opinion based on the standard of proof. 16 of Trustees with respect to whether Assistant 16 And the standard of proof in an NFL investigation of 17 Basketball Coach Bernie Fine, their allegations of 17 this kind is the preponderance of the evidence. I 18 sexual misconduct. So those are the big four in 18 mean, I have caught criticism because I used the 19 terms of sports areas. 19 words "more probable than not." And people act 20 like, is that wishy-washy? 20 21 22 23 I did the investigation for the NBA Players Q. And outside the sports area? A. I have been involved in other investigations for private entities. Q. And what is your view of your role when you This was our collective judgment and our 21 It's not wishy-washy. That's the standard of 22 proof that applies to most civil cases in the United 23 States. And the NFL has made a decision to adopt 24 are retained in these cases to be an independent 24 that standard. In terms of the levels of proof, 25 investigator? 25 there are three levels. The highest is beyond a CROSS/WELLS/NASH Page 323 1 A. CROSS/WELLS/NASH Page 325 1 reasonable doubt. The middle one is clear and 2 collect the relevant facts, examine the facts and 2 convincing, which applies in fraud cases. 3 then render a personal opinion as to how I see the 3 4 facts. And I will say one thing because Mr. Kessler 4 jury trials in the United States is preponderance of 5 suggested somewhere is there a conflict between my 5 the evidence, which means more probable than not. 6 duty to zealously advocate, represent the client. 6 It is to do the best job that I can, to But the predominant standard in most civil And when I wrote my conclusions in terms of 7 When I'm hired in the capacity of an 7 "more probable than not," I did it very 8 independent investigator, my very job in terms of 8 purposefully, because I did not want any readers to 9 the representation I'm supposed to do zealously is 9 think that I had perhaps made a finding of liability 10 to be independent and look at the facts and give a 10 beyond a reasonable doubt or by clear and convincing 11 candid, objective opinion. That's what I'm supposed 11 evidence. 12 to do under the ethics rules. 12 13 14 Q. And is it fair to say that's what you did in this matter? I wanted people to know this was the standard 13 under the NFL rules and that's the standard I was 14 making my ruling on. So I was doing it so people A. Yes, sir. Q. Is it correct that you were not given any 15 wouldn't get confused and think I had used some 16 16 higher, higher standard. 17 instructions as to reach any particular conclusion? 17 Q. You were asked about your interview 18 practices. You interviewed a lot of witnesses in 19 this matter? 15 18 19 20 21 22 23 A. None at all. Q. Would you have undertaken this role as the 20 investigator if that were the case? A. 21 I would not. And if anybody tried to interfere with it, I would quit. Q. Now, you were asked some questions, I think, A. Yes. Q. Other than what's in the report, did you 22 interview any witnesses who told that you Mr. Brady 23 was not aware or did not in any way know about the 24 it came when you were being asked about your finding 24 activities of Mr. Jastremski and Mr. McNally, that 25 about the logo versus the non-logo gauge. 25 you didn't include in the report? 85 of 172 sheets Page 322 to 325 of 457 06/25/2015 03:43:11 PM CROSS/WELLS/NASH 1 A. Page 326 CROSS/WELLS/NASH No. I mean, just, I want to be clear. Look, Page 328 1 delta that we recognized between the Patriots' balls 2 Mr. Brady denied any involvement. Mr. Jastremski 2 and the Colts' balls, because if it was just by 3 and Mr. McNally denied any involvement or that 3 chance, then we didn't need to go out and do all of 4 anything happened, including with respect to their 4 these experiments to figure out what might have 5 knowledge of Mr. Brady. 5 caused a difference, because it was just chance. 6 6 Coach Belichick said he had talked to And as to what they looked at first was the 7 Mr. Brady and that Mr. Brady had denied doing 7 question of statistical significance, they 8 anything, and I think Coach Belichick said he 8 determined that it was. And then they moved to 9 believed him. I think those are the only witnesses 9 trying to figure out whether it could be explained 10 who said something about Mr. Brady. And that's all 10 11 in the report; I believe so. 11 12 Q. by other factors. So we did all these experiments out in 12 Arizona pounding the football, seeing if rubbing 13 finder of fact, was it your role and your 13 caused problems, seeing how you measure the ball 14 understanding to make any findings or conclusions 14 sticking a needle in it a bunch of times, could that 15 about what discipline should be imposed on Mr. Brady 15 let the air out. And then they did what they called 16 or whether he engaged in conduct detrimental? 16 the timing -- what's the word? 17 18 A. Q. Now, getting back again to your role as the No, sir. 17 You have been asked some questions about 18 Q. Transient? A. The transient test. And what they did, they 19 Exponent, and I want to -- you were here when 19 developed a model to try to figure out how timing 20 Dean Snyder testified earlier, right? 20 impacts the measurements. So they built, you know, Yes. 21 they actually developed a model and then after they If you could go to the Exponent report, IX, 22 developed that model, then they looked at game-day 23 simulations. 21 22 23 24 25 A. Q. page IX, the Executive Summary. A. Q. Okay. 24 And at the bottom of that page, there is a 25 CROSS/WELLS/NASH So, you know, this issue of timing that Professor Snyder talked about, I know he said it Page 327 CROSS/WELLS/NASH Page 329 1 paragraph that, there is a "1" and a "2." Can you 1 wasn't in the model. I don't know whether that's 2 explain your understanding of what -- how Exponent 2 right or wrong. The experts can testify to that. 3 approached this assignment? 3 But the way we approached it was first statistical 4 significance and then we did the tertiary studies 4 A. Yes. The last paragraph on page Roman 5 numeral IX reads, "As noted, Paul, Weiss retained 5 and we did the game-day stimulations, in addition to 6 Exponent to provide scientific and analytical 6 all these other studies, because the Patriots -- 7 support for its investigation and help determine 7 Patriots had all sorts of ideas what might cause 8 based on the available data whether it is likely 8 this. 9 that there had or had not been tampering with the 9 Okay, Mr. Goldberg was writing me e-mails. 10 Patriots footballs. Specifically, Exponent 10 You know, maybe it was the pounding. Maybe it was 11 conducted a science- and engineering-based 11 the wetness. Everything we got from Mr. Goldberg we 12 investigation to, (1), analyze the data collected at 12 sent out to Exponent and to Mr. Marlow, okay. If 13 halftime, particularly to determine whether the 13 they raised something, we tried to go down that 14 difference in the decrease in pressure exhibited by 14 rabbit hole. 15 the footballs of the two teams was statistically 15 We spent a ton of money, a ton of money 16 significant, and (2), identify and evaluate any 16 trying to understand what might have caused it, 17 physical or environmental factors present on the day 17 other than tampering. And only the experts ruled 18 of the AFC Championship Game that might account for 18 that they couldn't get the numbers to match. And 19 the difference in the magnitude of the reduction in 19 they didn't rule that the science absolutely shows 20 air pressure between the footballs of the two teams 20 there was tampering. 21 measured at halftime." 21 22 They said here's the data. Now, we as the 22 fact finder, Mr. Reisner and I, really, and Mr. Karp 23 proceeded in a sequential fashion. The first issue 23 had to make a decision. Okay, but we looked at 24 that was asked was whether or not there was a 24 everything as a whole, which is how jurors make 25 statistically significant difference between this 25 decisions every day. And what that paragraph says is that we 06/25/2015 03:43:11 PM Page 326 to 329 of 457 86 of 172 sheets CROSS/WELLS/NASH 1 2 Q. Page 330 CROSS/WELLS/NASH Did you consider -- you heard something about the AEI report. Are you familiar with that? Page 332 1 review of Tom Brady, we wanted to make sure you are 2 aware of our prior requests communicated through the 3 A. Yes. 3 Patriots for Tom's relevant documents and 4 Q. A. And I think was it Dr. MacKinnon's report? 4 communications." Look. To my knowledge when the report first 5 5 So that e-mail to the agent begins by saying, 6 came out, the New York Times and the guy that writes 6 We had previously asked the Patriots for the 7 the 538 column was one of the most respected 7 materials. Now, as I said, my recollection is the 8 statisticians in the world. He wrote a column 8 Patriots later came back, once the Patriots -- once 9 praising the science in this report. 9 the agents were involved, and said to us, you got to 10 10 And he went out and interviewed other go through the agents. 11 scientists and they praised the science done by 11 12 Exponent and Dr. Marlow. Following that, the 12 went, we started with the Patriots. And what we 13 Patriots issued a rebuttal that contained a 13 then did was basically redraft what we had sent to 14 three-page letter from a Dr. MacKinnon who is a 14 Mr. Goldberg. And so that letter sets forth and 15 Nobel Peace Prize winner in chemistry. 15 it's dated February 28, 2015, what we wanted. 16 But this confirms my recollection that we 16 It's not a physicist or a statistician. And We wanted two buckets of information. We 17 he took issue with some of the findings in the 17 wanted him to take the phone, look at the text 18 report. And then an entity called AEI issued a 18 messages, e-mails, run the search terms that we set 19 report in an op-ed in the New York Times and then 19 forth and give us any communications with anybody 20 Dr. Snyder had his PowerPoint that we got last week. 20 about deflation or inflation. So if Mr. Brady had 21 talked to an assistant coach or talked to the 21 But with respect to all three of those 22 reports, I went to Dr. Marlow and I went to the 22 second-team quarterback about these issues, we would 23 people at Exponent and I told them I wanted them to 23 get that material. 24 review each of those reports criticizing their work. 24 25 I wanted to know did those reports change their 25 CROSS/WELLS/NASH 1 Page 331 CROSS/WELLS/NASH findings and conclusions in any way? 2 We then asked him for all communications regardless of subject matter, I think, between Did it undermine their report? Did it make Page 333 1 Mr. Jastremski and McNally, regardless of -- and 2 Schoenfeld, regardless of the search terms. So we 3 them feel that they got it wrong? And both 3 wanted two buckets of information. And I know, I 4 Dr. Marlow and the people at Exponent told me they 4 didn't get -- okay, I will stop. 5 reviewed each of those reports, that each of those 5 6 reports were flawed and failed to show an 6 Exhibit 70, because I think I can represent if you 7 understanding of what they had done and that their 7 go to the third page of that exhibit, at the bottom, 8 conclusions had not changed in any way, shape or 8 it's 001584. 9 form. 9 10 Q. Yeah. So why don't you turn to the next And there is an e-mail to you from Donald Yee 10 who I believe is Mr. Brady's agent. And there is a 11 they are going to testify here so Mr. Kessler can 11 reference to, I think, Exhibit 69, the request that 12 hear it and question them. 12 was made on February 28th; is that correct? 13 And that's what I did and that's what -- and Q. 13 I just want to ask you a few questions about 14 the requests that you and your team made to 14 15 Mr. Brady for texts and phone records. 15 16 17 A. Sure. 16 Q. And I think if I could get you to look at the A. Q. This is page 1584? Yes, page 1584, you will see at the bottom there is an e-mail. A. Yeah. Now, this e-mail is from Mr. Yee to 17 me. It is dated March 2nd. It says, "Dear 18 binder, let me start with Exhibit -- it's NFL 18 Mr. Wells, nice to meet you." 19 Exhibit 61. 19 20 21 A. Q. Then he says, "On Saturday, February 28th, Okay. 20 Mr. Burns at your office sent an e-mail to Mr. Dubin Why don't you just tell us what this is. Is 21 requesting that we, on behalf of our client, request 22 this the request that was made to Mr. Brady's 22 a search of his text and e-mail communications dated 23 counsel? 23 from September 1, 2014 to present. We have A. 24 considered this request. However, we respectfully 25 decline." 24 25 Yes, okay. In fact, it says, the first sentence says, to Steve, "In advance of our upcoming 87 of 172 sheets Page 330 to 333 of 457 06/25/2015 03:43:11 PM CROSS/WELLS/NASH Page 334 1 I want to say that's -- there is no statement CROSS/WELLS/NASH Page 336 1 our investigation and we would rely on you to 2 as to why they are declining. They give us no 2 perform the requested searches and produce only 3 information. They say, "We decline." 3 responsive material. We are hopeful that you will 4 reconsider our request." 4 Now, the next paragraph is important because 5 it's something Mr. Kessler said. The next paragraph 5 6 reads, "On another note, we understand that you 6 next day I have written back and I said please 7 would like to speak with our client in person about 7 reconsider. And then when they came to the 8 the past season's AFC Championship Game. Prior to 8 interview on March 6th, I asked them had they 9 confirming a time and date for such a discussion, we 9 reconsidered and they said, "We respectfully So they have turned me down. I have now the 10 must ask with all due respect what is the precise 10 11 basis for this proposed discussion? In our role as 11 12 NFLPA certified contract advisors, we are obligated 12 front of Mr. Brady, because I did not want Mr. Brady 13 by the NFLPA agent regulations to be sensitive to 13 to be in a spot where later on he might say he 14 collective bargaining issues, particularly if those 14 didn't understand what we were asking for. 15 issues may implicate player discipline matters." 15 16 So that's what they asked me. They didn't 16 decline." And they did not give me any reason. And then I repeated the whole request in Q. When you said you repeated it, you are talking about the March 6th interview? A. 17 ask me at any time about authority for the phone. 17 18 They had already turned me down in the prior 18 didn't want to take access to your phone. Mr. Yee 19 paragraph about the phone information. They were 19 can do it. I did not, as Mr. Kessler said -- I want 20 asking me did I even have any right to talk to 20 to be clear -- I did not tell Mr. Brady at any time 21 Mr. Brady? And they wanted me to give -- to respond 21 that he would be subject to punishment for not 22 to that. 22 giving -- not turning over the documents. I did not 23 say anything like that. 23 And I sent them an e-mail telling them why I The request what I asked for, I made clear I 24 wanted to talk to him. But there was never any 24 Q. Did Mr. Brady or his representatives at any 25 discussion directed to me or anybody on my team 25 time tell you that they couldn't give you any of the CROSS/WELLS/NASH Page 335 CROSS/WELLS/NASH Page 337 1 about not giving us the phone because of some 1 2 concerns about the Union. 2 3 In fact, to my recollection, you know, I know 3 texts because the phone had been destroyed? A. No statements of that nature were made in any respect. 4 the Union was not permitted even to attend the 4 Q. If you would look at NFL Exhibit 96, this is 5 interview, whereas they had Mr. Ned Ehrlich from the 5 a June 18, 2015 letter sent to Commissioner Goodell 6 NFLPA was there at Foxborough that day. And we 6 by Mr. Yee. I just want to draw your attention. In 7 interviewed the kicker Gostkowski and Mr. Ehrlich 7 this letter, they talk about information that was 8 did that interview, but Mr. Brady wouldn't let the 8 now being provided regarding Mr. Brady's phone. 9 Union even sit in on his interview. 9 10 Q. So I notice in Exhibit 70, the response you And it says in the second paragraph, "Please 10 note that in producing the cell phone and e-mail 11 received about the request for Mr. Burns is one 11 information, we have followed, in fact, we have gone 12 line. It says, "We have considered this request. 12 further than the specific requests set forth in 13 However, we respectfully decline." 13 Wells's original electronic data request of February 14 28th made to us." 15 A. Right. Q. Did Mr. Brady or his agents give you any 16 other reason for that, for not giving you the texts? 16 14 17 A. 15 Do you agree with that statement, Mr. Wells? A. Well, I know, it is my understanding, I want 17 to qualify, I haven't studied this, but it is my 18 stay with the e-mail chain, so that's March 2nd. 18 understanding that they didn't do any searches for 19 Then March 3rd, I write back, and I respond to the 19 the text messages for people other than Jastremski, 20 request why I think I want to -- why I want to 20 Schoenfeld and McNally. So they didn't do that 21 interview him. 21 first big bucket I wanted that would have touched 22 all people in terms of the search terms. 22 No, at no time. Then what happens if you go, And then I say, "Finally, we encourage you to 23 reconsider your decision to decline our request for 23 24 relevant e-mails, text messages and other material. 24 produced, to my understanding, and I didn't look 25 Our request is narrowly tailored to the subject of 25 through every page because the thing is real thick, 06/25/2015 03:43:11 PM And in terms of the text messages that they Page 334 to 337 of 457 88 of 172 sheets CROSS/WELLS/NASH Page 338 REDIRECT/WELLS/KESSLERPage 340 1 like, 1,500 pages or something, there is no text 1 I wouldn't have had any hesitation to go back and 2 message -- there's not one content. When I say a 2 look for any e-mails, but I didn't see it. 3 text message, I mean what did somebody say? 3 4 They have phone bills that say on X date 4 Mr. Kessler, you know, rightly pointed out, it The problem with the testing that 5 there was a text message, but there is no content. 5 doesn't have to do with bias. I had no records. 6 So that's like looking at a running log that said 6 People didn't record things at the front end. 7 you sent an e-mail but you don't have the content. 7 Mr. Anderson, he wasn't biased against anybody, but 8 So I was looking for the content. 8 he didn't write things down. That was real. 9 Though, if Mr. Yee had come in and explained 9 And, you know, there were issues in terms of 10 it to me -- look, I was trying to work with them. 10 record-keeping that I didn't have. But I didn't 11 And so if he had explained, you know, we threw the 11 have record-keeping because of bias or somebody I 12 phones away or whatever, you know, we would have 12 felt was out to get the Patriots. The problem was, 13 talked about it. I did not want him in the position 13 as he said, Mr. Kessler said, there weren't 14 of not cooperating. I didn't want it for him. I 14 procedures. 15 didn't want it for me. 15 16 Not only did it hurt him in terms of how we 16 MR. LEVY: Mr. Nash, do you have any questions? 17 evaluated his credibility, but it put us in a hell 17 MR. NASH: No, I don't. 18 of a spot because you have a person with this 18 MR. KESSLER: I have a few. 19 exemplary record and has done all these good things 19 REDIRECT EXAMINATION BY 20 that people are saying, and yet they are conducting 20 MR. KESSLER: 21 themselves in a fashion that suggests they are 21 22 hiding something and may be guilty and not being 22 23 forthcoming. 23 24 25 So it was really hard to give them credit for the good stuff when he's basically looking you in CROSS/WELLS/NASH 24 25 Q. Mr. Wells, you had an interview with the press after your report came out, correct? A. Yes, sir. Q. And according to the transcript that's published, you said the following, Mr. Brady, the Page 339 REDIRECT/WELLS/KESSLERPage 341 1 the face and saying, I'm not going to give you my 1 report set forth, he came to the interview. "He 2 phone. 2 answered every question I put to him. He did not 3 3 refuse to answer any questions in terms of the back 4 it hurt the investigation because it put us in a 4 and forth between Mr. Brady and my team. He was 5 position we didn't want to be in because we wanted 5 totally cooperative." 6 to be able to listen to him and evaluate his 6 7 credibility without this cloud. That's why I kept 7 8 saying, you know, reconsider. Give me -- I will 8 9 take your word for it. 9 But like I said, it not only hurt Mr. Brady, Did you make those statements? A. Q. A. Q. Absolutely, absolutely. And those are truthful statements, correct? Yes, sir. 10 Q. The only other question I had is: You were 10 11 asked about whether you had requested other, either 11 e-mails or texts, you asked Mr. Gostkowski to 12 e-mails or texts or other documents from anyone at 12 produce those things, correct? 13 the NFL; is it correct that you were provided with a 13 14 number of documents from the NFL for your 14 15 investigation? 15 A. We did. Q. Again, did he produce them? A. No, because we had decided that he wasn't 16 that important a witness, and so we backed off. So 16 A. Yeah, yeah, I was provided a huge number. Now, with respect to the issue of producing 17 And I just don't recollect as I sit here if we went 17 what happened, I didn't resend. I didn't press 18 through anybody's e-mails because the question 18 because he just wasn't that important a witness. 19 Mr. Kessler asked me about was in terms of bias and 19 20 with the testing. 20 21 And what I found in terms of the testing, I 21 22 didn't see any bias, so I didn't see any need to 22 23 have to go back and look at e-mails for something I 23 24 didn't see. If I had seen something in terms of 24 25 bias being exhibited during the testing at halftime, 25 89 of 172 sheets Q. But his first response was that he declined? A. Correct, he declined after Mr. Brady declined, but that is correct. Q. He also declined? A. Correct. Q. To your knowledge, has Mr. Gostkowski been subject to any discipline for not cooperating with Page 338 to 341 of 457 06/25/2015 03:43:11 PM REDIRECT/WELLS/KESSLERPage 342 1 2 3 REDIRECT/WELLS/KESSLERPage 344 your request? A. To my knowledge, as I said, I did not press 1 We have had this issue back and forth and we propose 2 that there not be confidentiality in this matter and 3 the NFL said they wanted confidentiality and we 4 Q. Finally, you mentioned I think you had 4 agreed to something and it was there. 5 Exponent test all these things and it cost a ton of 5 6 money or something like that? 6 Union that we can release this transcript of this 7 today. I would like the NFL to think about that. 8 That's our proposal. Despite that, I'm not talking 9 about any of the underlying things, but at least the 7 8 9 10 11 12 13 14 15 16 the issue. A. It's true. Q. How many millions was given to Exponent and to Dr. Marlow apart from what you were paid in this 10 case, do you know, roughly? A. Can I? Exponent was 600,000 and I'm not sure Marlow. Q. An additional amount for Dr. Marlow? A. Yes, sir. MR. KESSLER: I don't have any further I would like to propose on behalf of the transcript. 11 I think there is a great public interest in 12 this and in the interest of transparency, that would 13 be something that we would like to see done. So I 14 will submit my proposal for the NFL to consider as 15 to whether that's possible or not. 16 questions of you right now. Thank you. 17 MR. LEVY: Jeffrey, who is your next witness? 17 18 MR. KESSLER: Let me confer. So here is the 18 MR. LEVY: Pending the agreement, the transcript is confidential. MR. NASH: Yes. 19 issue in light of the timing and everything else, 19 20 and I don't know what you want to do. You are going 20 agreement, which is why I have to make this 21 to call Exponent's people; is that correct? 21 proposal -- MR. KESSLER: Well, we already have that 22 MR. NASH: If you are done. 22 MR. NASH: Yes, we have that agreement. 23 MR. KESSLER: Well, here's the issue. Okay. 23 MR. KESSLER: -- in order to see if the NFL 24 If you weren't going to call any Exponent people, 24 25 then I would proceed to probably call Dr. Marlow 25 would agree to that. MR. LEVY: Five minutes. REDIRECT/WELLS/KESSLERPage 343 1 2 3 DIRECT/CALIGIURI/REISNER Page 345 1 (Recess taken 5:54 p.m. to 6:04 p.m.) MR. NASH: You can do that. 2 MR. REISNER: We call Dr. Robert Caligiuri. MR. KESSLER: No, but I'm just saying, if you first as I said I would because -- 3 R O B E R T C A L I G I U R I, called as a 4 are going to call the Exponent people anyway, then 4 witness, having been first duly sworn by a Notary 5 in light of the time and the hour, I would be happy 5 Public of the State of New York, was examined and 6 to proceed if this would be suitable to the 6 testified as follows: 7 Commissioner, because it may save some time to have 7 DIRECT EXAMINATION BY 8 them present, the Exponent people, cross-examine 8 MR. REISNER: 9 them and then maybe I will conclude I don't have to 9 Q. Can you please state your name for the 10 call Dr. Marlow. In other words, I would only be 10 record. 11 calling him if I'm uncertain as to whether anybody 11 A. 12 is going to testify for them. 12 13 MR. NASH: That's fine. 13 14 MR. LEVY: That's fine. 14 MR. KESSLER: So why don't we proceed next 15 15 Robert D. Caligiuri, and I will spell it for you, C-A-L-I-G-I-U-R-I. Q. A. Q. A. Dr. Caligiuri, by whom are you employed? I am employed by Exponent, Incorporated. What is your title there? 16 with your calling the Exponent people. We will do 16 17 the cross-examination and then after that, I will 17 engineer. Group vice president is an administrative 18 let you know whether I feel it's still necessary to 18 role. I am responsible for the company's core 19 call Dr. Marlow or not at that point. 19 engineering practices. 20 MR. LEVY: Agreed. Five-minute break. 20 21 MR. KESSLER: One other thing on the 21 22 23 24 25 I am a group vice president and principal Q. What kind of company is Exponent? A. Exponent is a scientific and engineering 22 consulting company that works for a wide variety of MR. LEVY: Is there anybody else? 23 clients to solve their technical scientific MR. KESSLER: No, but one other thing on the 24 problems, particularly, very significant ones. record -- record, I would like the NFL to think about this: 06/25/2015 03:43:11 PM 25 Q. Where is your office located? Page 342 to 345 of 457 90 of 172 sheets DIRECT/CALIGIURI/REISNERPage 346 1 2 3 4 A. DIRECT/CALIGIURI/REISNERPage 348 1 he was working with us helping us doing some of the 2 statistics analysis, reviewing our work, And what kind of work does Exponent do? 3 contributing to it, pointing out things, helping us Engineering work, scientific work, both in 4 plan the direction that we needed to go. He was very much involved in the project. Our corporate headquarters are in Menlo Park, California. Q. A. 5 the health arena, in the environmental arena, 5 6 solving problems, do some litigation support, yes, 6 7 all kinds of and types of engineering, problem 7 instructions, if any, were you given by Mr. Wells 8 solving. 8 and the Paul, Weiss team about the role that 9 Q. And do you have any particular expertise in 9 Exponent should play with respect to its work? terms of your own scientific and engineering focus? 10 10 11 A. My focus is on mechanical and materials Q. At the outset of your work, what A. I think Mr. Wells said it pretty well, too. 11 He said we needed to consider ourselves 12 engineering. And I bring those disciplines to 12 court-appointed experts, which brings a level of 13 basically find out what happened to things, to 13 independence. And I have actually served as that 14 determine root cause analyses, looking at a wide 14 before. 15 variety of problems and particularly in consumer 15 16 products and other areas trying to figure out what's 16 viewing things from very, very objective -- so 17 going on here and use my material and mechanical 17 objectivity and court-appointed independent expert, 18 expertise. 18 were very much important to this investigation for 19 our role. It was also very clear that planning, the 20 methodology and the approach, was left to us, and 21 the scientific and technical aspect. 19 20 21 Q. Can you very briefly describe your educational background. A. I have a Bachelor of Science degree in 22 mechanical engineering. I have a Master's and Ph.D. 22 23 of Material Science and Engineering from Stanford 23 24 University. 24 25 Q. Were there other members of the Exponent team 25 And at a very high level of independence and Q. Can you describe the assignment that you received from Paul, Weiss. A. I think Mr. Wells did that pretty well, too. If we go to basically the paragraph he read, we were DIRECT/CALIGIURI/REISNERPage 347 1 2 3 4 5 DIRECT/CALIGIURI/REISNERPage 349 1 retained to provide scientific and analytic support There were a lot of people that worked on it. 2 in their investigation to help them determine Can you just describe the principal members 3 whether or not, based on available data, there may 4 have been tampering of the footballs by the 5 Patriots, and based on that, to do two very large pieces of investigation. who assisted you on this matter? A. Q. of the team and their area of expertise. A. Sure. It became very apparent after we 6 received the initial assignment from Paul, Weiss 6 7 that statistics is a part of this investigation. So 7 8 I went out and recruited Dr. Duane Steffey, who is a 8 determine it's statistical significance; and two, to 9 Ph.D. statistician, who also was a professor of 9 perform experiments and review and analyze the One was to analyze the halftime data and 10 statistics -- he's the director of our statistics 10 potential factors, usage, environmental, physical, 11 department -- and engaged him on that aspect of the 11 that could influence any difference in the pressure 12 problem -- of the project. 12 drops that were measured. 13 I also reached out to Dr. John Pye. He is a 13 Q. And can you describe in a little bit more 14 vice president of the firm and he's a Mechanical 14 detail the analysis and testing performed by 15 Engineer Ph.D. from Stanford University. He's very 15 Exponent. 16 experimentally-oriented, does a lot of work for the 16 17 United States Government. And I engaged him to take 17 18 care of the experimental side of things. 18 A. The analysis, the statistical analysis? Q. Start with the statistical analysis. A. We took a look at, very carefully, at all the 19 game-day halftime measurements that were made, 19 Dr. Gabe Ganot is a Ph.D. material scientist 20 from Columbia University and I engaged him to do a 20 analyzed them, put them through statistical models 21 lot of different aspects of the project. Those are 21 as has been discussed here already, and to determine 22 the four key people on the project. 22 is there anything there that supported it? Was it 23 worth looking at more? We ran that through very, 24 very careful examination of the halftime data. 23 24 25 Q. What was Dr. Marlow's role in connection with Exponent 's work? A. I think Mr. Wells said it pretty well here, 91 of 172 sheets 25 Page 346 to 349 of 457 The second thing we did was to look at the 06/25/2015 03:43:11 PM DIRECT/CALIGIURI/REISNERPage 350 DIRECT/CALIGIURI/REISNERPage 352 Q. 1 gauges. The gauges that collected the data, was 1 2 there something wrong with them? Were they messed 2 3 up? Were they not reliable? That was a factor that 3 4 would influence the observations that we made. 4 were the environmental factors that we tested. And 5 What other testing did you perform as part of your work? A. The -- beyond these physical factors, there 5 those tests fell into two kind of buckets. One 6 series of experiments to evaluate the effects of 6 bucket was the transient testing that's already been 7 ball usage, rapid insertion, repeated insertion of 7 referred to here. And transient testing means 8 the needles into the balls, would they leak, all 8 monitoring. It is time-dependent, monitoring 9 sorts of things that people had actually mentioned 9 something over time. The third thing we then did was do a whole 10 that could be contributing to the difference in the 10 11 pressure drops. 11 put a gauge in the football and took them from 12 various temperatures to various temperatures and 13 monitored the time, monitored the change in pressure Yeah. 14 over time. That curve I believe that Mr. Snyder Can you go to page XI, Roman XI of your 12 13 14 15 Q. Can I just stop you there for a moment? And you have a copy of your report in front of you? A. Q. In this case, we took various footballs and 15 showed was one of them that he generated to see what 16 report. And number 6 on that page describes the 16 is the effect of pressure on time, transient 17 physical factors that were evaluated by Exponent? 17 analysis. 18 A. Yes, it does. 18 19 Q. A. And can you describe those, please. 19 to try to, based on the review of the videotape, was Sure. The first one I mentioned is the 20 to try to simulate as best as we could with the 20 The second set of experiments that we did was 21 impact of gaming. Someone had mentioned, I believe, 21 information we had to actually recreate the game 22 in prior testimony that the Patriots' balls were 22 conditions on that game up to halftime. 23 used more than the Colts' balls, unfortunately for 23 24 the Colts, I guess, in the first half. So was there 24 couple of hours, first in the locker room and then 25 a factor being used more that caused the pressure 25 in the field, simulated field. We used different We put balls in 48 degrees Fahrenheit for a DIRECT/CALIGIURI/REISNERPage 351 1 2 3 DIRECT/CALIGIURI/REISNERPage 353 1 rooms at different temperatures to do that, brought And what did you do to test that? 2 them out and measured their pressures and that sort Picture that made the rounds here of a inside to go down more relative to the Colts. Q. A. 3 of stuff, tried to rub the footballs in the same way 4 football being squished in a mechanical testing 4 trying to stimulate the actual conditions as best we 5 machine. We took the football and we cycled it to 5 could. 6 650 pounds to see if there was change or loss of 6 7 pressure in the ball. 7 want to direct your attention to page 41 of your 8 report. 9 A. Q. A. 8 9 10 Q. 10 football." 11 12 The next thing was, "The impact of repeated insertions of an inflation needle into the A. Q. With respect to the transient experiments, I Yeah. Can you describe what Figure 20 is. What did you do to test that? 11 Basically took a bunch of footballs and 12 experiment. This is an actual game-day football. Well, that's a set-up for the transient 13 inserted a needle inside of it, and many, many 13 And you can see if you look at the top picture, 14 times, to see is there leaking around the gland? 14 Figure 19 is the instrument we inserted inside the 15 Was there a change in the pressure over time with 15 football. 16 multiple, multiple, multiple insertions? 16 17 18 Q. 20 17 out to what is called a master gauge, which is a 18 gauge that measured pressure calibrated to a Natural What did you do to test that? 19 Institute of Standards standard of pressure to a Basically we took footballs apart and And next, "The natural leak rate and permeability of properly-functioning footballs." 19 A. And you can see the Tygon tubing that comes 20 thousandth of a psi. That is how we measured 21 measured the permeability to various materials 21 pressure. 22 inside the football to leakage of air. 22 23 24 25 Q. And the other listed factors are additional physical characters you tested, correct? A. That's correct. 06/25/2015 03:43:11 PM 23 24 25 Q. Can you describe again the purpose of the transient experiments? A. It was to look at the effect of the temperature, external temperature, on the pressure Page 350 to 353 of 457 92 of 172 sheets DIRECT/CALIGIURI/REISNERPage 354 1 2 3 4 5 6 7 8 9 10 11 DIRECT/CALIGIURI/REISNERPage 356 1 inside a football as a function of time. Q. 3 usage really had no effect here. And as well as the 4 ball preparations methods, we went and prepared Can you describe the key conclusions that you 5 balls the same way that the Patriots told us they 6 did it and the same way the Colts told us they did 7 it. You said "testing." Are you including some 8 of the statistical work, too? Q. The difference that we are seeing basically Yes. reached based on your work. A. A. 2 Dr. Caligiuri, based on the testing that you described, did you reach conclusions? A. Q. respect to the physical factors tested? So we prepared those balls and none of these If you could just describe the key 9 conclusions reached based on your work. 10 effect on the difference of pressure inside the 11 balls between the Colts and the Patriots. They were A. Sure. I think the conclusion section of the factors, these ones that I listed, were having any 12 report says it pretty well, starting on page 64. 12 non-factors, so we excluded them from any sort of 13 The first thing we did as has been discussed here is 13 conclusions that we made. 14 we did a statistical analysis on the halftime data. 14 Q. And directing your attention to the last 15 And we looked at that data and we analyzed it 15 sentence of paragraph 6, does that pretty much sum 16 and it's been discussed here. And we concluded from 16 up your conclusions with respect to the impact of 17 that based on the standard of five percent that the 17 the physical factors? 18 halftime data had some statistical significance and 18 19 that it appears that the Patriots game balls 19 factors at the levels we understand were applicable 20 exhibited a greater pressure drop than the Colts' 20 on game day were found to contribute in any material 21 balls, on average. 21 way to changes in internal pressure of the footballs A. (Reading): "None of the above physical 22 So the difference in magnitude between 22 and do not, therefore, explain the relative 23 pressure between the Patriots and the Colts as 23 difference in pressure drops measured by us." 24 measured at halftime was determined to be 24 25 statistically significant. So therefore, to us, 25 Q. And directing your attention to paragraph 9, can you describe your conclusions with respect to DIRECT/CALIGIURI/REISNERPage 355 DIRECT/CALIGIURI/REISNERPage 357 1 that warranted further investigation into what could 1 2 be causing it. 2 3 the transient experiments that you were conducting? A. We did a series of transient experiments that 3 I told you about where we quantified the 4 gauges themselves and we tested the gauges, the logo 4 time-dependent behavior of footballs and to 5 gauge and the non-logo gauge. We tested hundreds of 5 understand how such behavior might explain the 6 exemplar gauges we could get our hands on trying to 6 difference in the magnitude of the pressure drops. 7 see are these gauges capable of measuring these 7 8 sorts of pressures. 8 the effect of time here in our experiments, very, 9 very much so. And we concluded that the timing does 9 10 11 So the next thing we did was to look at the Q. And what were your conclusions and where are they set forth on page 64? A. Paragraph 3. It says, "The logo and non-logo So we looked at the -- very much looked at 10 have an effect on the pressure, but the timing in 11 and of itself did not account for the pressure drops that we saw. 12 gauges appear to have worked reliably and 12 13 consistently on game day, and the difference in the 13 So timing is affecting the pressures, but 14 pressure drops between the teams was not caused by a 14 that in and of itself is not contributing to the -- 15 malfunction in either gauge." 15 cannot account for the difference in the pressure 16 drops. 16 What we did notice in the testing was that 17 the so-called logo gauge read consistently, reliably 17 18 and repeatedly 0.3 to 0.4 psi higher. That's 18 19 already been discussed here today. But it would do 19 20 that every time. So it wasn't veering all over the 21 map. It was consistently in that range. 22 Q. And directing your attention to paragraph 6 Q. And does the last paragraph under Item 10 summarize your conclusions? A. Yes. 20 Q. Can you read or summarize that into the 21 record. 22 A. (Reading): "Within the range of game 23 of your conclusions, what were your conclusions with 23 conditions and circumstances most likely to have 24 respect to the potential contributions to the 24 occurred on game day based on information provided 25 difference in the observed pressure drop with 25 to us by Paul, Weiss, including the timing of 93 of 172 sheets Page 354 to 357 of 457 06/25/2015 03:43:11 PM DIRECT/CALIGIURI/REISNERPage 358 DIRECT/CALIGIURI/REISNERPage 360 A. We did look at timing. We very much did so. 1 various events understood to have occurred in the 1 2 officials' locker room during halftime, we have 2 The statistical analysis we did up front was really 3 identified no combination of the environmental 3 an intention to -- a gatekeeper to see if it made 4 factors listed above that could reconcile the 4 sense to follow up with everything else. And we 5 Patriots halftime measurements with both results 5 concluded it was statistically significant. We did 6 predicted by our transient experiments and the 6 all sorts of experiments looking at time, time 7 measurements of the Colts' balls taken at game-day." 7 effects, time effects on pressure, all of those. So environmental factors in and of itself 8 8 9 10 9 cannot account for the difference. Q. Very briefly, can you describe the We absolutely looked at timing. When we saw the effect of timing and when the balls were timed 10 out and measured, we then went back to the 11 conclusions reached based or your experimental game 11 statistical analysis as was discussed in Footnote 49 12 day simulations. 12 to our report. We went back and specifically put 13 the effect of time back into our model. 13 A. Experimental simulations, again, failed to 14 account for the pressure drop difference between the 14 15 Colts and the Patriots. Those were experiments that 15 the statistical analysis said it wasn't a 16 we tried to simulate the entire game day, and they 16 significant effect, timing. Well, that seems kind 17 could not account for it. 17 of counterintuitive there. When experiments are 18 saying timing is important, how could this analysis say it wasn't? 18 And the game-day experiments also helped And to our -- I mean, it was interesting that 19 validate the transient experiments at the time 19 20 because the data we collected from the game-day 20 21 simulations overlay the data collected from our 21 the physical factors that came into play, like ball 22 transient experiments, verifying that aspect of it. 22 wetness and dryness, differences in inflation 23 Q. When you conducted the game-day simulations, 23 pressure to start with, were masking the timing Well, the reason is that the other factors, 24 you actually used Colts' balls and Patriots' balls 24 effect that you would have expected to see if it was 25 that could be identified as having either been used 25 all just due to increase in pressure at the time. DIRECT/CALIGIURI/REISNERPage 359 DIRECT/CALIGIURI/REISNERPage 361 1 in the AFC Championship Game or previously marked by 1 2 Walt Anderson, correct? 2 that we concluded in the statistical analysis is So the reason you don't see a timing effect A. That's correct. Q. And you ran those balls through simulated 3 because it's being masked out by the variability in 4 4 the data due to these other effects. 5 events that basically replicated the conditions that 5 6 were understood to be present on game day, right? 6 or criticism 1, does that affect your views with 7 A. That's correct. Q. Now, you were here during the testimony of 7 respect to the appropriateness of the work done by 8 Exponent or the conclusions reached by Exponent? 3 8 9 10 11 9 Dean Snyder, correct? A. Correct. Q. And you heard Dean Snyder describe what he 10 Q. And with respect to Dean Snyder's key finding A. No. Q. I want to direct your attention to key 11 finding number 2 or key criticism number 2 12 described as his three key findings or criticisms 12 identified by Dean Snyder, which is, "Exponent 13 with respect to the Exponent report, correct? 13 improperly draws conclusions based on the 14 variability in halftime pressure measurements 14 15 A. Correct. Q. I am referring to Exhibit 191 now. This is 15 despite conceding that the variability is 16 NFLPA 191. What he describes as his first key 16 statistically insignificant." 17 finding or criticism was, "Exponent's statistical 17 18 analysis of the difference of the average pressure 18 19 drops is wrong because it ignores timing." 19 20 21 22 23 24 25 Do you have a reaction or response to that criticism? A. Q. A. Q. 20 21 Do you have a reaction or response to that criticism? A. I believe that one is unfounded as well. Q. And why do you believe it's unfounded? A. Because it's comparison of apples and oranges Yes. 22 here. The statistical analysis we did up front is What is your reaction or response? 23 correct. We concluded the variability, which means It's totally unfounded criticism. 24 the variation of the measurements as you look at the Why? 25 data set, the average of that compared to the 06/25/2015 03:43:11 PM Page 358 to 361 of 457 94 of 172 sheets DIRECT/CALIGIURI/REISNERPage 362 DIRECT/CALIGIURI/REISNERPage 364 1 average of variations, I will call it the average of 1 A. That's unfounded, too. 2 the mean between the two could not be determined to 2 Q. Why is it unfounded? 3 be statistically significant. 3 A. Well, there's already been a lot of 4 So you couldn't say that the Patriots' balls, 4 discussion here about logo versus non-logo gauge. 5 based on that analysis, was more variable than the 5 If you were to take the logo gauge and assume that 6 variability in the Colts' balls, based on that 6 those measurements were made with the logo gauge, 7 specific statistical analysis of that data. 7 then, as was talked about today by Dean Snyder, the 8 pressure the Patriots gave the balls to the referee 9 pre-game were 12.2, below the League minimum. 8 We came to the conclusion that part of the 9 contributing factors, there were only four Colts' 10 balls that were measured, as opposed to eleven 10 Q. 12.17, right? 11 Patriots. Maybe if we had more Colts' balls, we 11 A. Yes. He calculated, I rounded it up, 12.17, 12 could have seen an effect. So that's correct, 12 correct, okay. And then if you look at the Colts' 13 that's what happened. 13 balls, if the same logo gauge was used, it's reading 14 12.6, 12.7. We were told that the Patriots and the 14 Then we went and did all that physical 15 testing. We saw the effect of all those other 15 Colts were insistent that they delivered balls at 12 16 parameters, the effect or no effect of those 16 and a half and 13, which means, geez, looks like the 17 parameters. We looked at that and then we went back 17 logo gauge wasn't used pre-game. 18 and looked at the variability of the data comparing, 18 19 at the same time looking at the variation of the 19 and you plug it into the Ideal Gas Law, which is a 20 balls, individual balls. And could we account in 20 mathematical formula, you can get a lower pressure 21 the difference in pressures based on other physical 21 and you can change the results, that's correct. But 22 factors. 22 that's like using numbers that don't make any sense. 23 The other factor that he used to come up with 23 And the ranges and variability of factors But, anyway, if you take that number, 12.17, 24 were not predicted by the effect of, say, ball 24 this eight of eleven were above Exponent's expected 25 wetness and ball dryness that we saw. So we went 25 outcome was, he assumed a temperature 71 degrees DIRECT/CALIGIURI/REISNERPage 363 DIRECT/CALIGIURI/REISNERPage 365 1 back and said, you know, there is variability in 1 pre-game. That is a variable that we looked at. We 2 here. 2 looked at the range of temperature in the pre-game 3 3 shower room. We actually measured it to be between 4 but based on a review of the fluctuations in the 4 67 and 71, 72 degrees. 5 data and looking at the physical experiments that we 5 6 did, we concluded that there is a difference there 6 looked at that as a potential range. If you use 71, 7 and that difference is most likely the differences 7 yeah, you get the numbers that Dean Snyder 8 in starting pressure of the footballs, two different 8 calculated. But if you go use 67, which is the 9 analyses. 9 other end of the range, you find out six of the The statistical analysis you can't conclude, 10 That's why in all of our experiments, we 10 Patriots' balls were under the expected outcome. 11 from going back and looking at the physical 11 When I say "expected outcome," predicted by the 12 realities that we measured. And that's what we did 12 Ideal Gas Law, okay. 13 to come to that conclusion. 13 14 The statistical analysis did not preclude us Q. And with respect to key finding or criticism And if you look at the non-logo gauge 14 pre-game, all of it, no matter how you look at it, 15 number 2 of Dean Snyder, does that affect your views 15 all of it comes out that eight of the eleven balls 16 with respect to the appropriateness of the work done 16 fall below the expected outcome of the Ideal Gas 17 by Exponent or the conclusions reached by Exponent? 17 Law. Number 1, the use of the logo gauge pre-game. 18 A. No. 18 Number 2 is the use of 71 degrees versus 67 degrees. 19 Q. Directing your attention to key finding or 19 And the third one is the same mistake that has been 20 criticism number 3 identified by Dean Snyder, which 20 made by Professor MacKinnon, by AEI and now by Dean 21 is, "If the logo gauge was used to measure the 21 Snyder. 22 Patriots' balls before the game, then eight of the 22 23 eleven were above Exponent's expected outcome." 23 Ideal Gas Law what you have to do to use the Ideal 24 Gas Law is the balls come off the field at 25 48 degrees Farenheit and stay at 48 degrees 24 25 Do you have a reaction or a response to that criticism? 95 of 172 sheets They assume in their calculations of the Page 362 to 365 of 457 06/25/2015 03:43:11 PM DIRECT/CALIGIURI/REISNERPage 366 DIRECT/CALIGIURI/REISNERPage 368 1 Farenheit throughout the measurement. That's the 1 way with respect to the statistical significance 2 only way you can use the Ideal Gas Law. 2 analysis performed by Exponent? 3 That we know didn't happen. The pressure is 3 A. Absolutely not. I don't know where that idea 4 increasing with time. So this analysis by 4 came from. We did not consider the Colts' balls as 5 Dean Snyder doesn't make any sense, even just 5 controls in other statistical analysis. We looked 6 thinking about how the temperature was fixed 6 at them both equally. And looked at the variation 7 throughout the measurement period, and we know that 7 in the data for both the Patriots and the Colts. 8 that's not correct. So those three factors, I can 8 9 take no faith in that conclusion. 9 10 Q. 10 And did criticism 3 or finding 3 of There was no assumptions about control or anything like that on the Colts' balls in our statistical analysis. Q. 11 Dean Snyder affect your views with respect to the 11 12 appropriateness of the work done by Exponent or the 12 13 conclusions reached by Exponent? 13 A. I sure did. No. 14 Q. And with respect to the AEI report, one of 14 15 A. Q. You mentioned the AEI report. Did you review the AEI report that was published? Staying with the logo and non-logo gauge 15 the criticisms or observations made by AEI was that, 16 issue for a moment, to what extent did Exponent 16 "There was no statistically significant difference 17 consider the possibility that the logo or non-logo 17 between the pressure drop of the Colts' balls versus 18 gauge might have been used in connection with its 18 the Patriots' balls if you assume the logo gauge was 19 transient experiments and its game-day simulations 19 used pre-game as opposed to the non-logo gauge." 20 and account for that possibility? 20 21 A. Even though the evidence is pointing towards 21 Do you have a reaction or response to that criticism? A. 22 the use of the non-logo gauge, we said let's look at 22 23 both conditions. What happens if the logo gauge is 23 What the AEI report did is look at four possible 24 used or the non-logo gauge is used pre-game? We did 24 combinations pre-game. All the measurements were 25 that in the statistical analysis we did up front and 25 made with the logo gauge. All the measurements were DIRECT/CALIGIURI/REISNERPage 367 1 DIRECT/CALIGIURI/REISNERPage 369 1 we did it in every experiment we ran. 2 Yes, I found that to be unfounded as well. You will see the experimental data shows for made with the non-logo gauge. 2 And then, for some reason, which there is no 3 logo gauge and non-logo gauge. We also looked at 3 evidence of, Walt Anderson switched them out. He 4 the effect of ball wetness and ball dryness. Wet 4 measured Patriots' balls with the logo and the 5 balls and dry balls, we did that consistently 5 Colts' balls with the non-logo and then the other 6 throughout all of our experiments. So even though 6 way around. So he looked at four possibilities. 7 the evidence pointed towards using the non-logo 7 8 gauge, we considered it throughout our 8 sense because there's never been any indication that 9 investigation. 9 Walt Anderson switched the gauges in the middle of 10 Q. Two of those possibilities just don't make 10 his pre-game measurements. We had no indications. 11 incorporated into the conclusions that you 11 We were actually told to assume that that did not 12 described, correct? 12 happen because there was no evidence that that That's correct. 13 happened outside of AEI. We take those two One other thing with respect to Dean Snyder's 14 scenarios off the table. 13 14 A. Q. And those different scenarios are 15 analysis, if you go to the page with the Bates Stamp 15 16 Number 3429, and this is his description in the 16 combinations within those within which you could get 17 difference in differences statistical approach used 17 to the conclusion that the p-factor as we heard 18 by Exponent. 18 about today was 6.7 percent, but there's problems in 19 that analysis as well. 19 His bullet point 2, with respect to the The other two scenarios, there is one set of 20 difference in differences statistical approach used 20 21 by Exponent says that, "The Colts' balls were used 21 factor related order to order, which we had 22 as control. Using Colts' balls as controls required 22 concluded was not a factor included in that. If you 23 whether the greater drop of psi in Patriots' balls 23 take that factor out, you cut that probability in 24 was statistically significant." 24 half down to about two and a half percent. 25 Were the Colts' balls used as controls in any 06/25/2015 03:43:11 PM 25 They had included in that analysis, AEI, a Q. Page 366 to 369 of 457 The AEI report also suggested that, "The 96 of 172 sheets DIRECT/CALIGIURI/REISNER Page 370 DIRECT/CALIGIURI/REISNER Page 372 1 evidence indicated that because the Patriots' balls 1 calculations again made that same mistake assuming 2 were measured at the start of halftime, whereas the 2 the temperature of the footballs at 48 degrees as it 3 Colts' balls were measured at the end of halftime, 3 comes off the field remains at 48 degrees throughout 4 after sufficient time had passed for the balls to 4 the transient period and calculates Ideal Gas Law 5 warm up and return to their pre-game pressure, that 5 and compares it to the measurements. And that's 6 was an explanation for the delta in pressure drop." 6 just, you can't do that. 7 Did you have a reaction or response to that 7 8 9 observation? A. Yes. That makes no sense, as I just talked Q. And did Professor MacKinnon also make an 8 error with respect to the conversion factor of the 9 balls? 10 about, because we specifically looked at that 10 A. Yes. 11 effect. It suggests to me AEI didn't even read our 11 Q. Can you describe that? 12 report. We looked at the effect of transient 12 A. He failed to convert them all onto the same 13 change, the change in pressure with time 13 equivalent platform. We know there is a continuing 14 specifically as a possible contributing factor and 14 error, if you like, in the logo gauge of about 15 concluded that it wasn't. 15 .4 psi, which is why you have to convert everything 16 to a single master gauge calibration, which we did. 16 So I don't know where they got that 17 conclusion from, but it's not consistent with the 17 18 data published in our report. 18 and put the pressure on the logo gauge and said what 19 Q. We took a master gauge and made measurements 19 the master gauge was doing and came up with a 20 "There may have been a flaw in the statistical 20 calibration curve. And we did the same thing for 21 significance equation used by Exponent." 21 the logo curve. So we calculated and converted all 22 the data to the same basis, the same equivalent 23 playing field. 22 23 24 25 And AEI in their report also suggested that, Did you have a reaction or response to that criticism? A. That one didn't make sense, either. The AEI 24 report says that we used a multivariable regression 25 Professor MacKinnon did not do that. He did not convert them all, so you are comparing apples DIRECT/CALIGIURI/REISNER Page 371 CROSS/CALIGIURI/KESSLERPage 373 1 analysis and they did something to try to repeat our 1 2 numbers. They got most of them except they were 2 3 unable to repeat our calculations. 3 study, the MacKinnon report, did it affect your 4 views in any way with respect to the appropriateness 4 And they did something else. We didn't use a and oranges. Q. Directing your attention to the MacKinnon 5 multivariable regression analysis. We used what's 5 of the work done by Exponent or the conclusions 6 called a liner mixed mode analysis. They are 6 reached by Exponent? 7 statistical tools. So either they didn't understand 7 8 what we did or just assumed we did something else. 8 9 And that's why they couldn't reproduce our results. 9 10 10 So yes, we used a linear mixed mode A. No. MR. REISNER: Nothing further at this time. CROSS-EXAMINATION BY MR. KESSLER: 11 regression analysis, which is a standard 11 Q. Ready to go? Good evening, I guess, now. 12 statistically-accepted tool. So I don't understand 12 A. Sorry? 13 where that criticism came from. 13 Q. Dr. Caligiuri, how do you pronounce your 14 Q. 14 And Professor, Dr. Caligiuri, after reviewing name? I want to get it correctly. 15 the AEI report, did it affect, in any way, your 15 A. "Kala-jerry" [phonetically]. 16 views with respect to the appropriateness of the 16 Q. "Caligiuri"? 17 work done by Exponent or the conclusions reached by 17 18 Exponent? 18 A. Whatever you like. Q. I will call you Mr. Caligiuri, okay. 19 20 A. No. 19 Q. You also referred to a report prepared by a 20 Do you like "doctor" or what do you prefer? Mr. Caligiuri, let's see if we can find some 21 Professor MacKinnon. Did you have any responses or 21 points of agreement. Do we agree that timing was a 22 reactions to the commentary that was set forth in 22 very important factor in determining whether or not 23 that report? 23 natural causes could explain the results of the 24 Patriots' and the Colts' balls? 24 25 A. I think I already mentioned one of them because his conclusion regarding the Ideal Gas Law 97 of 172 sheets 25 A. Page 370 to 373 of 457 You had to take that into account, yes. 06/25/2015 03:43:11 PM CROSS/CALIGIURI/KESSLER Page 374 1 2 3 4 5 6 7 8 9 10 CROSS/CALIGIURI/KESSLERPage 376 Q. In fact, I think you wrote it was the most significant factor in your report; is that fair? A. Q. The most significant? That's what you wrote in your report. 11 Patriots gave the referees 12.17 psi balls, below 2 the League minimum. 3 We certainly considered it a significant factor, yes. A. Q. A. Q. 1 Q. How do you know that the Colts -- and, I'm 4 sorry. How do you know that the Patriots and the 5 referee were both not using something equivalent to 6 the logo gauge? A. Yes. 7 You don't disagree with that? 8 of these people, the Patriots pre-game, the Colts No. 9 pre-game, and Mr. Anderson pre-game all used the So you're asking me to assume that all three Just trying to find points of agreement. 10 same gauge that were exactly the same amount off? Second, do you agree, you saw the criticism 11 All the tests -- 12 number 3 that Dr. Snyder presented, and he indicated 12 13 that you should have recalibrated the starting 13 14 pressures through the master gauge because you were 14 Q. No. A. I'm sorry; go ahead. Q. I am asking the following. You have never 15 comparing those starting pressures to the halftime 15 seen or tested or looked at the Colts' gauge or the 16 pressures, which you did to the master gauge. 16 Patriots' gauge pre-game, right? 17 Do you agree that you should have done that? 17 A. That's correct. Q. Okay. So you have to make some assumptions 18 19 A. No. Q. So you think it's appropriate to take one set 20 of pressures, not do the master gauge and compare it 20 21 to another set of pressures through the master 21 A. Correct. Q. Do you know if Wilson ever issued a version 22 gauge; that's your opinion? 22 of its logo gauge to the NFL teams in the past, just 23 like the one that was used for some of the 24 measurements at halftime to NFL teams and that over 25 the age of those gauges, they would all approximate 18 23 24 25 A. 19 No. The opinion is, in fact, the 12.5 we used is a master gauge reading. It is -- Q. You didn't do -- for the two balls you tested about it, correct? CROSS/CALIGIURI/KESSLER Page 375 CROSS/CALIGIURI/KESSLERPage 377 1 at halftime, logo or non-logo, you translated to the 1 what the logo gauge was? Did you ever consider that 2 master gauge, right? 2 possibility? A. Correct. Q. And for the starting time, you didn't do any 3 4 5 translation to the master gauge, whether it was logo 5 6 or non-logo, right? You didn't make any change? 6 3 7 8 9 10 4 A. You said "starting time." Q. The pre-game measurement, you didn't do any 8 9 translation to the master gauge there? A. 7 The master gauge is 12 and a half percent -- 10 11 12 and a half psi, and we used 13.0 psi for the 11 12 Colts. 12 13 Q. Did you do any calculation for the pre-game 13 A. So you're asking me to consider that Wilson gave the League gauges that were out of calibration? Q. No, that over time they got out of calibration. A. All the gauges got out of calibration by the same amount? Q. Over the same period of time. A. I would say that's pretty highly unlike. Q. You think that's unlikely? Did you do any test for that? A. How would we test that? We tested the logo 14 testing to convert the measurements recorded to 14 gauge and found that it reads very repeatedly .3 to 15 something in the master gauge? 15 .45 above the master gauge. And we tested hundreds 16 of gauges that we got, exemplar gauges. Yes, you 16 A. The master gauge conversion, if you convert 17 the 12.5 psi comes from use of the logo gauge 17 are right, they are new. And they all read what the 18 pre-game. 18 master gauge said they should be. 19 And that, as Dean Snyder says, is 19 Q. Your testimony is the logo gauge, which the 20 12.17 percent -- 12.17 psi. You can put that in 20 referee who was testing, he had two gauges, the logo 21 there and you can do Ideal Gas Law calculations, but 21 gauge and the non-logo gauge, right? 22 they are not consistent with the physical facts. 22 23 Q. They are not consistent with what physical 23 24 fact? 25 A. The fact that if that was happening, then the 06/25/2015 03:43:11 PM A. He had those in his possession, yes. Q. And sometimes you understood he would use the 24 logo gauge, right? Sometimes in some games over his 25 life, he would use the logo gauge, right? Page 374 to 377 of 457 98 of 172 sheets CROSS/CALIGIURI/KESSLER Page 378 CROSS/CALIGIURI/KESSLERPage 380 1 2 A. I don't know if I know that for a fact. Q. Okay. My question is: What you are 3 testifying is, so every game he ever tested when he 3 4 used the logo gauge, he could have been allowing 4 5 illegal balls into play; is that what your testimony 5 could find. Were we specifically looking for older 6 is? 6 gauges that were, like, three years old? No, we 7 didn't do that. 1 7 2 A. If he was using the logo gauge and it was off 8 by .3, by .45, and the team had set the ball at 12 8 9 and a half, it would have fallen below and he 9 10 11 wouldn't have known. Q. So there could have been numerous NFL games timing variable in the regression? 12 underinflated, in your view, below the 12.5? 13 16 17 and which gauge he used and didn't use. Q. You just said all of the hundreds of exemplar 14 A. Initially, yes. We went back and put that back in after we saw the effect of time on pressure. Q. So the initial test you did to determine 15 whether there was anything to study did not have a 16 timing variable? 17 gauges you used were new, correct? Q. With respect to timing, okay, is it correct as Dr. Snyder said that your difference of differences analysis as presented did not have any in which he used the logo gauge where the balls were 15 MR. LEVY: You can answer. A. We went out and collected all the gauges we 11 13 A. I haven't analyzed all the games in history MR. NASH: Objection. 10 12 14 sworn testimony? A. Not specifically, no. Q. Okay. And had you put in that timing 18 19 A. We bought them, yes. Q. Did you do any testing as to over time, if 19 variable, do you think Dr. Snyder put in the timing 20 you have a gauge for one year, two years, three 20 variable improperly? 21 years, those gauges, what that does to the -- to how 21 22 the gauges register in terms of their calibration? 22 18 23 A. Well, we have one data point, the non-logo A. I'm not sure. You mean the graphs that he showed? 23 Q. Yes. In other words, he states for his first 24 gauge never got off by that much. We certainly 24 criticism, he took your analysis and simply put in 25 didn't test these gauges for years on end. There 25 the timing variable in his first one, before he had CROSS/CALIGIURI/KESSLER Page 379 CROSS/CALIGIURI/KESSLERPage 381 1 wasn't any time for that. So we didn't watch one or 1 three cases. The first case all he did was put in 2 multiples of our exemplar gauges over a three-years' 2 timing. Did you see that one? 3 period. No, we didn't do that. 3 4 Q. How do you know the non-logo gauge wasn't 4 5 also a new gauge? Did you do any examination of 5 6 that? 7 A. Q. A. Q. 8 9 10 11 12 13 14 15 16 17 18 19 20 6 exactly your thing, but putting in a timing, 7 assuming that the Colts' balls were tested before Do you know how old it was? 8 the reinflation. No. 9 Do you know what its age was compared to the 10 The second one put in timing assuming the Colts' balls were tested after reinflation. 11 And the third one added in the wetness No. 12 factor. So those were the three ones. Do you You don't know any of that? 13 remember that now? No. 14 Okay. Now, you could have gone out to eBay 15 A. Yes, I do. Q. So in the very first one he did where he 16 stated that he just put in a timing factor and made I think we looked pretty hard to find gauges. 17 no other change and assumed that the Colts ball were Did you look specifically for older gauges? 18 tested before reinflation, do you think he did that We looked for all the gauges we could find. 19 improperly in some way? Do you have some criticism of his methodology for doing that? or something and bought old gauges, right? A. Q. A. Q. Q. Yes. The first one was just timing, that Didn't look very new. logo gauge? A. Q. A. Q. A. Well, I think in all three cases, he put timing in some form. So your testimony under oath is you 20 21 specifically were looking for older gauges and you 21 22 couldn't find them anywhere on the internet? That's 22 statisticians to discuss. But what I did notice, 23 your testimony -- 23 and I don't know exactly how he calculated the 24 p-values he showed us, but if you look at what he 25 did, he took the averages, took the averages of the 24 25 A. I can't -- I can't -Q. -- under oath? Is that your testimony, your 99 of 172 sheets A. I think I would leave that to the Page 378 to 381 of 457 06/25/2015 03:43:11 PM CROSS/CALIGIURI/KESSLER Page 382 CROSS/CALIGIURI/KESSLERPage 384 1 Colts' balls and the average -- he looked at the 1 2 average of the Colts' balls measured right after the 2 3 Patriots' balls. 3 4 And you can't do that. You can't compare 4 Q. A. Q. A. Q. Yes. In the beginning, no, we didn't. Okay. Are you a football fan? Yeah. 5 averages because inside those four balls the Colts 5 6 are doing, pressure is changing with time. You have 6 defense is on field during a rainy game, the balls 7 to do a ball-by-ball movement and then do the 7 are in the bag? 8 analysis. To me, he just took a grab of averages 8 9 and compared it to a grab of averages. 9 You are familiar with the fact that when the A. The balls can be in the bag. We actually -Paul, Weiss actually talked to the ball boys that 10 were actually handling the balls on game-day. And 11 he showed where he pulled data off; that's actually 11 that was part of our game-day simulation which we 12 the wrong curve to use. 12 couldn't account for the pressure drop anyway. And 13 some balls were in the bag; some weren't. They tried to keep them as dry as possible. 10 13 The other thing he did was he used that curve Q. Let me ask you this: Did you do any analysis 14 of the fact that the Colts' balls could have been 14 15 much dryer than the Patriots' balls because the 15 16 Patriots' balls were used much more in the second 16 right? It's easier to keep your ball dry if you are 17 quarter of the game? 17 not in offense and the ball is not out in the field, 18 right? You agree with that, right? 18 A. Yes. Q. Okay. And tell me what analysis you used Q. Okay, try to keep them as dry as possible, 19 A. If all the balls are in the bag and you are 20 which compared the Colts' balls being at a lower 20 not playing football and the balls are in the bag 21 level of wetness versus the Patriots' balls being at 21 sealed up, balls will be not as dry -- not as wet as 22 a much higher level of saturation. 22 the ones you just picked up off the field. 19 23 A. If you go to Figure 28 on page 55, that's 23 Q. So you would have to agree with me it's a 24 sort of the summary of the transient experiments we 24 very plausible assumption that the Patriots' balls 25 ran, and then the overlay of the average data on the 25 could have been much wetter than the Colts' balls CROSS/CALIGIURI/KESSLER Page 383 1 2 3 CROSS/CALIGIURI/KESSLERPage 385 transients. Q. Yes. A. And you see wet and dry, wet and dry, wet for 1 because of the fact that the Patriots were on 2 offense all the time with the balls? That's 3 plausible, right? It's not not plausible? 4 the Patriots, dry for the Patriots, dry for the 4 A. It is a possibility, but there is no evidence 5 Colts, dry for the Colts. 5 that that occurred. The ball boys themselves said 6 they tried to keep them as dry as possible. 6 Q. You used the same wetness for the Patriots 9 Q. You don't know whether it occurred or not? A. For all I know, what the ball boys said. Q. Well, if you are on offense and you are 10 playing with the ball, can you keep it dry when it's 11 out there on the field? 7 and the Colts' balls, right, when you did that 7 8 analysis; you did the same spraying procedure? 8 9 10 11 12 A. They were sprayed the same way in the beginning of time -- Q. Right. A. -- in the beginning of the measurement cycle. 12 A. No. Q. Okay. So if the Patriots have those balls 13 Let me finish my answer, okay. And then they dried. 13 14 We didn't keep rewetting them throughout the 14 out there on the field, it's plausible those balls 15 transient period. So when we say "Patriots wet," 15 were wetter, sir, right? You are under oath. 16 they were wetted to that amount and they dried with 16 17 time, because we didn't rewet them. 17 18 The Colts' balls were wetted to the same 18 19 degree to start and dried with time. Did we look at 19 20 were the Colts' balls, on average, dryer when they 20 21 went into the locker room? No, but there's no 21 22 indication that that's actually the case. 22 23 24 25 Q. Ah, let's assume it was the case. You didn't 24 test for that, right? A. Did we look at wetness as a variability? 06/25/2015 03:43:11 PM 23 A. Q. A. Q. Sure. Is it plausible? Sure. Okay. And you didn't test for that plausible assumption, right? Did you test for it? A. Q. A. Q. 25 Page 382 to 385 of 457 No, because -Thank you. -- what would you test for? Let's move on to the next one. MR. LEVY: Let him finish his answer. 100 of 172 sheets CROSS/CALIGIURI/KESSLER Page 386 1 2 3 Q. You didn't test for it, right? A. What would you assume they were? 4 5 6 CROSS/CALIGIURI/KESSLERPage 388 MR. KESSLER: Okay. COMMISSIONER GOODELL: Let him finish his answer. A. What would you assume they were? What are 1 experiment to try to determine if natural causes 2 could explain the drop in the Patriots' balls, 3 right? You could explain the drop in pressure in 4 the Patriots' balls? You did a series of 5 experiments, right? 6 A. We looked at usage, physical and 7 you going to pick? What are you going to pick? 7 8 Well, the Colts' balls were five percent dryer than 8 9 the Patriots and ten percent? There is no basis to 9 10 pick anything. So we picked extremes of what we 10 average time at which the Patriots' balls were 11 thought we could do and evaluated that. 11 measured is no later than approximately two minutes 12 after the balls were brought back into the official 13 locker room, the game-day results can be explained by natural causes," right? 12 13 Q. Right. The data was very limited, so it constrained what you could do, right? 14 A. Yeah. The ball boys weren't out there with 14 15 the hydrometer measuring the wetness of the balls, 15 16 no. 16 17 Q. No. The referees weren't indicating whether 17 environmental factors. Q. And on page 54 of your analysis, you say, "For the Patriots, it appears that so long as the That was your conclusion? A. Yes. Q. So the reverse is also true. It's your 18 it was a dry ball or a wet ball when they did the 18 conclusion that if the Patriots' balls were measured 19 test; is that true? 19 earlier -- I'm sorry, if the Patriots' balls were 20 measured later than approximately two minutes, then 21 A. That's true. Q. Okay. It's also true the referees weren't 21 natural causes could explain it, right? The 22 indicating if one ball was especially wet and one 22 converse has to be true? 23 ball was a little wet; they didn't tell you that, 23 24 right? 24 20 25 A. No. 25 A. No. Q. Well, I have to understand this, then. Read your sentence I'm reading. It says, "For the CROSS/CALIGIURI/KESSLER Page 387 1 CROSS/CALIGIURI/KESSLERPage 389 Q. And you don't know if, on the number of balls 1 Patriots, it appears that so long as the average 2 tested, if there were more Patriots' balls that were 2 time at which the Patriots' balls was measured is no 3 wet as opposed to Colts' balls, just one way or the 3 later than approximately two minutes after the ball 4 other, correct? 4 was brought back into the official locker room, the 5 A. No, but you got to remember we tested the 5 game-day results can be explained by natural 6 ranges of wet and dry, so all the balls would fit in 6 causes," right? 7 these bands that are plotted in Figure 28, 7 8 differences in wetness. 8 A. That's what it says. Q. Okay. So what that means is, if the 9 Patriots' balls are brought in and started to be 9 10 Q. Not the variability of wetness; you didn't 10 tested in the first minute, then natural causes 11 could explain them, right? 12 A. We did. Q. You didn't test if the Patriots' balls were 13 much wetter than the Colts' balls? You just stated 13 all eleven of the balls have to be measured within 14 that. 14 the first two minutes. Is that a possibility? Yes. I don't think that's very likely. 11 test that? You just told me that, right? 12 A. This is the average time. So that means that 15 A. At the beginning of the measurement period 15 16 what you suggested, the balls were brought into the 16 Q. When it says "average," "average" doesn't 17 locker room and, on average, the Patriots' balls 17 mean all within the first two minutes? It means, an 18 were wetter -- 18 average means when you take all the times, you Yes. 19 average it together; isn't that what "average" -- than the Colts' balls. 20 means? You didn't test for that? 21 We did not test for that because there was no 22 Patriots' balls were measured within zero and 23 two minutes and the average falls within that, then the natural causes can explain it. 19 20 21 22 23 Q. A. Q. A. basis to test for it. 24 Q. Somebody else might disagree with that. 24 25 Let's move on to another one, okay. You did an 25 101 of 172 sheets A. No. What it means is that if all the Q. That's not what it said. Is this a Page 386 to 389 of 457 06/25/2015 03:43:11 PM CROSS/CALIGIURI/KESSLER Page 390 CROSS/CALIGIURI/KESSLERPage 392 A. I believe that's for the non-logo gauge. Q. Okay. If it was done by the logo gauge -A. No, I'm sorry. That's the logo gauge; I 1 misstatement here? What I'm reading it says, "As 1 2 long as the average time at which the Patriots' 2 3 balls were measured is no later than approximately 3 4 two minutes after the balls are brought back into 4 5 the official locker room, the game-day results can 5 6 be explained by natural causes." 6 they have a longer period of time? I believe if you 7 look at your charts on page 55, that might help you. 7 Doesn't that mean "average time" means 8 "average time"? You add all the times and you come 8 9 up with an average? You divide it by the number of 9 10 10 observations? Isn't that what an average is? apologize. Q. If it was done by the non-logo gauge, would A. Yes, that's correct. Q. They would have a longer period of time if it was a non-logo gauge, correct? 11 12 A. Yes. Q. Okay. So that would be some of the balls 12 A. Correct. Q. And you wrote in your report it's uncertain 13 could have been later than two minutes, some could 13 as to which gauge was used? That's why you tested 14 have been at 30 seconds, some could have been at 14 both? 15 one minute, some could have been at one and a half 15 16 minutes, some could have been at two, some could 16 MR. KESSLER: So if we had the non-logo 17 have been at two and a half minutes and the average 17 gauge, there's a longer window, Commissioner -- 18 could still be within two, right? 18 Q. -- if you would explain to him, that it is 19 possible that your results would indicate natural 20 causes could explain this, right? 11 19 20 A. Correct. Q. And if that was done, then it is your 21 conclusion that natural causes could explain what 21 22 you measured for the Patriots' balls? A. Correct. A. And I have presented those possibilities in 22 this report. You have to look at the totalities of 23 A. Yes, and I said that and -- but that means 23 the information availability and what's physically 24 the balls got started measuring as soon as they got 24 plausible leads us to the conclusion of what is more 25 into the locker room, which I don't think is very 25 likely. But that's why we did all this testing, was CROSS/CALIGIURI/KESSLER Page 391 1 2 3 4 5 6 7 CROSS/CALIGIURI/KESSLERPage 393 realistic. Q. Were you in the locker room? A. No. Q. Did anyone write down the time at which they started doing it? A. No. Q. Now, did you know that the officials felt 1 to look at all the possibilities, and there were 2 possibilities you could find. But you look at the 3 totality of the information available and conclude 4 what's most likely to have occurred. 5 Q. Do you agree that the relative temperature 6 that should be measured, if you could, would be the 7 internal temperature of the football and not the external room temperature? 8 rushed to try to get all the balls done? They 8 9 didn't even finish all the Colts' balls, did they? 9 10 11 12 13 14 A. They did four. Q. They only did four out of eleven or twelve, right? A. Right. Q. And so you don't think in that environment A. The problem with measuring the internal, and 10 we tried to do this, is that the air inside of a 11 football is stagnant. It's not flowing. So that 12 means you have very large gradients in temperature. 13 So if you were to put a thermo -- and we 14 tried to do this -- and you tried to measure the 15 they would have started immediately? That's not a 15 temperature in a football, you are going to get 16 plausible assumption? 16 really wildly weird results, because the gradient is 17 A. I think all the indications is that it would 17 not uniform. So if you measure this spot, it's not 18 be very hard for them to get started with all the 18 representative of that spot over there or that spot 19 measurements and finish the average of it less than 19 over there. 20 two minutes to get it done. I don't think that's a 20 21 highly plausible explanation. Is it possible? 21 but there's no reliable way to do that unless you 22 Absolutely. That's why I put it in this report. 22 could monitor every cubic millimeter of air inside a 23 football. 23 Q. Now, this statement here that you have is So that's why, yeah, I would agree with you, 24 based on the assumption that the measurements were 24 Q. Whether or not it's a reliable way to do it, 25 done by which gauge for the Patriots' balls? 25 you would agree that what actually the Natural Gas 06/25/2015 03:43:11 PM Page 390 to 393 of 457 102 of 172 sheets CROSS/CALIGIURI/KESSLER Page 394 CROSS/CALIGIURI/KESSLERPage 396 Q. Mr. Caligiuri, one of the things you tested 1 Law predictions you should look at is the internal 1 2 temperature of a football if you could measure that, 2 for was the Patriots' gloving of the football, 3 right? 3 correct? 4 A. 4 A. If you are comparing external temperature to We looked at the effect of the Patriots' 5 external temperature, then you can use the Ideal Gas 5 pre-game work on the balls to see if that could be 6 Law. If you can measure the internal temperature in 6 causing the differences in pressure. 7 the locker room and measure the internal temperature 7 8 on the field and then do the same thing, yeah, 8 9 that's a good way to do it. 9 10 Q. COMMISSIONER GOODELL: What do you mean the "gloving"? Q. Just for the Commissioner's benefit, the 10 gloving was that the Patriots indicated that as part 11 temperature of a football could be different from 11 of their preparation of the balls, they would have 12 the external temperature? 12 someone take receivers' gloves and vigorously rub 13 the balls to prepare them; is that correct? 13 14 15 16 17 A. Okay. Do you agree with me that the internal That's why the pressure is increasing with 14 time. Q. A. Q. 15 that's what Mr. Brady talked about as part of the It is different. 16 overall preparation program. And you have no measurements for the internal 17 temperature of the footballs at any time, at 18 19 halftime, post-time, before the game? You have no 19 20 measurements for that at all, but you can't do them? 20 22 23 24 25 A. We tried to do it and I explained to you why that data is not reliable. Q. A. As best we could, yes. Q. Now in your gloving experiment, what you did is that you first took a measurement of the psi and 22 then you did the gloving; is that correct? 24 25 We have them. You can look at them. Q. And what you meant to do in your testing was to try to replicate what the Patriots did, correct? 21 23 Is that a long way of saying you don't have those measurements? A. That's part of what they do, yes. I think Yes. So it can be different, correct? 18 21 A. A. The whole preparation treatment, the gloving was an important part, yes. Q. But what the point here is in the gloving, CROSS/CALIGIURI/KESSLER Page 395 1 2 3 Q. A. Q. CROSS/CALIGIURI/KESSLERPage 397 But you don't think they are reliable? 1 when did you take your measurements? Did you take That's right. 2 it before the gloving or after the gloving? Okay, we will do it that way. Now, let me 3 4 ask you this. Had you found originally through your 4 5 differences from differences analysis that there was 5 6 no statistically significant effect, is it correct, 6 7 as was suggested, you would have closed up your 7 8 books and not done any further analysis? Because 8 9 that's what was suggested by counsel in the 9 10 11 12 10 questioning. You may have been here for that. A. Q. A. A. Before the gloving? Measurements of what? Figure 16 talks about it. Q. I will try to be more specific. Let me find my specific reference to this. One second. A. I think Figure 16 in the report is the answer to your question. Q. So what does Figure 16 indicate? When did you take your measurement for the gloving? I'm not sure that's the case. 11 COMMISSIONER GOODELL: What page is that? So you disagree with counsel about that? 12 THE WITNESS: I'm sorry, 34. I think we would want to pursue it a bit more 13 14 because the statistical analysis was only one part 14 A. Sorry? Q. Explain what that figure shows as to when you 15 of the overall program. 15 did the gloving and when you took your measurements. 13 16 MR. KESSLER: Could we do this, Commissioner? 16 A. It's very clear here we started out at 17 If I may, I know it's running late. I think if you 17 12.5 psi. We were measuring the pressure 18 give me a break, I can more consolidate my notes and 18 internally, continuously throughout the entire 19 possibly either significantly limit how many more 19 rubbing. 20 questions I have or even possibly eliminate my 20 21 questions. But I think it would be worth taking a 21 22 break for five minutes rather than sitting here 22 23 right now while I do that. 23 inside at times zero, 12 and a half psi and we are Q. So you first measured 12.5. Just tell me the order of what you did, if you can, please. A. We took a football. We put a pressure gauge 24 MR. LEVY: Yes. 24 rubbing. And the pressure is going up as you can 25 (Recess taken 7:04 p.m. to 7:12 p.m.) 25 see in Figure 16. We are monitoring it 103 of 172 sheets Page 394 to 397 of 457 06/25/2015 03:43:11 PM CROSS/CALIGIURI/KESSLER Page 398 CROSS/CALIGIURI/KESSLERPage 400 1 continuously, so I guess I am not understanding your 1 Q. After the rubbing was stopped, do you know 2 question. 2 that the rubbing was done a period of time before it 3 was given to the referees? You know that? 3 COMMISSIONER GOODELL: I think that's the 4 issue. You are doing it continuously? 4 5 THE WITNESS: Continuously. 5 6 COMMISSIONER GOODELL: Monitoring the 6 7 pressure? 8 9 THE WITNESS: Yes. Q. So you were monitoring the pressure from the A. I believe the preparation was done before the balls were given to the referees. Q. It wasn't done the second before the 7 referees, right? It was done some period of time 8 before then? 9 A. Yes. Q. Okay. So if they set their psi at 12.5, 10 beginning to the end of the gloving process; is that 10 11 correct? 11 after rubbing, that was their procedure, under your A. Yes. Q. Okay. So based on your figures, if the 12 analysis, how much below 12.5 would it drop as the 13 13 rubbing effect wore off? 14 Patriots were gloving the ball before setting their 14 15 pressure to give it to the referees, let's assume 15 16 that's correct, okay? 16 12 17 A. The rubbing effect is worn off within about 20 or 30 minutes of when you started. COMMISSIONER GOODELL: Mr. Kessler, didn't 17 Mr. Brady testify that he picked the ball up three 18 Patriots' procedure was to glove their balls and 18 to four hours before the game? 19 this was done before they would go in to the 19 MR. KESSLER: Yes, he did. 20 referees for the measurement of the pressure at, 20 COMMISSIONER GOODELL: So would that mean the 21 let's say, 12.5, okay? You understand what I'm 21 22 saying? 22 You understand what I'm saying, that the rubbing was over at that point in time? MR. KESSLER: The rubbing would have been 23 done before he picked it up, correct, before he 24 A. Yes. Q. So in other words, there's a period on your 24 picked up the balls. 25 Chart 16, there's a period before the 12.5 when the 25 23 COMMISSIONER GOODELL: At least three to CROSS/CALIGIURI/KESSLER Page 399 1 2 3 4 CROSS/CALIGIURI/KESSLERPage 401 gloving is taking place? You understand my comment? A. The rubbing was started about ten minutes after zero. Q. Let's say it started at minus ten. In other 1 four hours by the time the referee checked the ball, 2 right? 3 MR. BRADY: Can I talk? 4 MR. KESSLER: Why doesn't Mr. Brady explain. MR. BRADY: On that particular day, like I 5 words, the point is before the first measure at the 5 6 referee, the gloving was done. Let's assume that 6 said, we changed. They were rubbing in all the new 7 for the moment, okay? 7 balls, which was the first time we did it all 8 season. So when I picked the balls, I still had 9 them rub the balls as I left the equipment room to 8 9 10 COMMISSIONER GOODELL: I'm not sure I'm clear. A. No, I'm sorry. I really apologize for that. 10 go for my game-day preparations. 11 This is an experiment that we did where we started 11 12 at 12 and a half and we did the rubbing experiment 12 know, however many, 17, 18, 19 balls. Just glove 13 and the pressure came back down to the initial 13 these five or six balls a little bit longer and then 14 pressure within 30-some-odd minutes, 40 minutes. 14 I left as they were still finishing those up. 15 Q. If, in your analysis, if after gloving the So I still had them, say, I like these, you 15 COMMISSIONER GOODELL: Okay. But if they had 16 balls, the Patriots set the balls to a pressure of 16 rubbed them for two hours, that would have changed 17 2.5 or 2.6, let's say the Patriots gloved their 17 the balls significantly, I presume, for you -- 18 balls and that's the pressure they are testing for 18 MR. BRADY: Yeah. 19 and it's sitting before it goes to the referees, 19 COMMISSIONER GOODELL: -- once you left, 20 that's your understanding of what happened, correct? 20 21 A. I'm not exactly sure when the balls were right? 21 MR. BRADY: What do you mean? 22 prepared prior to giving them to the referees. I'm 22 23 not quite sure of that timing, but the balls were 23 four hours before the game, if I understood you 24 given to the referees presumably at 12 and a half 24 correctly earlier? 25 after the rubbing was done. 25 06/25/2015 03:43:11 PM COMMISSIONER GOODELL: This was three to Page 398 to 401 of 457 MR. BRADY: Yeah. 104 of 172 sheets REDIRECT/CALIGIURI/REISNERPage 402 1 REDIRECT/CALIGIURI/REISNERPage 404 COMMISSIONER GOODELL: You said you told them 1 COMMISSIONER GOODELL: Yeah, go ahead. Q. And what does that absence of an intersection 2 to continue to rub the ball a little bit. And I'm 2 3 just, I'm making it up. If they rubbed it for 3 4 two hours, there still would have been an hour to 4 5 two hours before the referee saw it, I believe? 5 average data would have been consistent with the 6 transient data for the non-logo gauge. 6 7 MR. BRADY: Yeah. I'm not sure what 7 happened. 8 MR. KESSLER: You know what? The facts are 8 mean? A. There is no way on an average basis that the Q. And that's with respect to the non-logo gauge, right? 10 subject. I don't think it's significant to the 10 A. The non-logo gauge. Q. So the extent that you said in responses to 11 overall analysis. I have no further questions. 11 Mr. Kessler that the non-logo gauge presented data 12 that suggested that there was a larger window of 13 potential explanation of natural phenomena, that was 14 inaccurate? 9 12 13 COMMISSIONER GOODELL: Okay. Did you finish? I'm sorry. 14 MR. BRADY: No, I did, yeah. 15 16 17 18 9 too confused here. I'm just going to drop this COMMISSIONER GOODELL: I understand your 15 16 point. 17 MR. BRADY: Yeah. I said finish these five, 18 glove them. A. That's correct. Q. Or an error that you made? Can you explain what the facts are based on those graphs. A. The facts are, is that the average data does 19 not overlap at all the transient curve for the 20 REDIRECT EXAMINATION BY 20 Patriots' measurement. There's a slight, little, 21 MR. REISNER: 21 tiny triangle. If you look at two standard 19 MR. REISNER: Very briefly. Q. Dr. Caligiuri, I want to direct your 22 deviations, if you look at that overall air, there 23 attention to page 55 of the Exponent report because 23 is a little tiny window there. 24 I think there was a little confusion in the question 24 25 with Mr. Kessler. And I want to direct your 25 22 Q. What are you referring to when you referring to "the little tiny window," under the non-logo REDIRECT/CALIGIURI/REISNERPage 403 REDIRECT/CALIGIURI/REISNERPage 405 1 attention to the figures showing the non-logo gauge 1 2 and logo gauge assumptions and comparing the 2 3 transient results. 3 look at the red line and there's kind of a reddish, 4 lighter red band. 4 Can you briefly describe the significance of 5 the intersection, if any, of the transient curve in 5 6 each figure with the halftime average indicated for 6 7 each of the -- each of the Patriots' balls and the 7 8 Colts' balls? 8 9 gauge? A. Yeah. If you look at non-logo gauge, you Q. And what's that band? A. That is the standard deviation of the air to two standard deviations. Q. Do you call that an error band? A. An error band. Q. So there is no intersection between the And as a part of that, describe the 9 10 significance of the triangle created as a result of 10 11 any overlap and whether that makes it more likely 11 halftime average and the transient curve with 12 that the non-logo gauge or the logo gauge yields 12 respect to the non-logo gauge, correct? 13 results that could potentially be consistent with 13 14 natural phenomena. 14 15 A. Yeah, I think there was confusion there when 15 A. That's correct. Q. And now describe the circumstances with respect to the logo gauge. A. If we look at the right-hand graph on 16 I think about it. If we look at the first figure in 16 17 28, the non-logo gauge, this is, the transient data 17 Figure 28, it's the same overall plot, except this 18 for the Patriots is in red and the transient data 18 time it's the measurements, assuming it started with 19 for the Colts is in blue. 19 the logo gauge. And there is a window where the average line overlaps the transient curve. 20 Superimposed on that is the average values of 20 21 the measurements for the Patriots and for the Colts. 21 22 What the left-hand side of Figure 28 shows, 22 average, for if the average measurement time was 23 comparing to the average, there is no intersection 23 less than two minutes, there is a window where it 24 of the average -- 24 could be explained just by the environmental effect 25 of the ball heating up with time. 25 THE WITNESS: Are you on there? Page 55. 105 of 172 sheets So there is a window in there where, on Page 402 to 405 of 457 06/25/2015 03:43:11 PM REDIRECT/CALIGIURI/REISNER Page 406 RECROSS/CALIGIURI/KESSLERPage 408 1 Q. And Mr. Kessler asked you some questions 1 MR. REISNER: Nothing further. 2 about the average time it took to measure all eleven 2 MR. KESSLER: I am afraid your questions have 3 of the Patriots' balls. 3 cause me to ask the following. 4 RECROSS-EXAMINATION BY MR. KESSLER: 4 Do you have any understanding as to whether 5 there were any findings by Mr. Wells and the Paul, 5 6 Weiss team as to the likely time that it took to 6 Q. I'm just reading what you wrote on page 5. 7 begin testing the Patriots' balls after the balls 7 With respect to the non-logo gauge, you wrote, "Had 8 were taken into the officials' locker room at 8 the non-logo gauge been used pre-game and using the 9 halftime? 9 information provided by Paul, Weiss, that the first 10 11 12 13 14 A. I believe they concluded that it most likely was starting after two minutes. Q. Does two to four minutes sound correct? A. Yes. Q. And Mr. Kessler asked you some questions with 10 Patriots' measurements most likely occurred no 11 sooner than two minutes into the locker room period, 12 there appears to be no realistic window in which the 13 game-day results of both teams can be explained." 14 Do you see that? A. Yes. Q. So now I'm taking away the information given 15 respect to your understanding of the wetness of the 15 16 balls. By the way, did you, during your game-day 16 17 simulations, did you actually watch the game on the 17 by Paul, Weiss that the first Patriots' measurements 18 television to try to simulate the events as you saw 18 occurred no sooner than two minutes. Am I correct 19 them occur on the television? 19 that if it occurred immediately, even for the 20 non-logo gauge, that it was possible that natural 21 causes would explain it, correct? That's what that sentence means? 20 21 A. Yes. Q. In the first half, just on TV, recognizing 22 you weren't there, did it look like it was raining 22 23 very much in the first half? 23 24 25 A. No, it wasn't, actually. Q. And do you have an understanding with respect A. That sentence says that, but it's accounting 24 for that little, tiny triangle in the standard -- 25 two-sigma standard deviation. REDIRECT/CALIGIURI/REISNER Page 407 RECROSS/CALIGIURI/KESSLERPage 409 1 to the efforts by ball boys to keep the balls dry 1 2 during the game? 2 3 A. Yes. My understanding is with discussions 3 4 with the ball boys carried out by Paul, Weiss to try 4 5 to keep them as dry as possible throughout the 5 6 entire game time. 6 7 Q. And did you understand that meant ball boys Q. That is your sentence in the report, not mine, right? A. Q. A. Q. 7 That's right. And I read it accurately, correct? You did, and -And those were the results you recorded? MR. REISNER: Please let him finish. 8 sometimes put the balls underneath their slickers 8 A. And I am explaining why that it says, "Most 9 and between their slickers and their sweatshirts? 9 likely occurred no sooner than two minutes into the 10 11 A. Yes. Q. And do you have any understanding with 10 locker room period," that no realistic window in 11 which the game-day results can be explained. 12 respect to how frequently balls were swapped out in 12 13 order to maintain their dryness? 13 14 15 A. Pretty frequently. Q. Do you have any understanding as whether any MR. REISNER: Read the next sentence. THE WITNESS (reading): "The Colts' 14 measurements are explainable, but the Patriots' 15 measurements are not." 16 of the game officials who were involved in testing 16 17 the balls at halftime made any observations as to 17 expressly to the only overlap being in the error 18 the wetness of the balls? 18 band, doesn't it? 19 20 A. They said they were wetter is what I recall. Q. Do you recall that Clete Blakeman said he MR. REISNER: And the last sentence refers 19 THE WITNESS: Yes, the only overlap between 20 the Patriots' transient curve and the Patriots' 21 thought they were damp at most and certainly not 21 game-day average is too early in the locker room to 22 waterlogged? 22 be realistic. And the overlap is only with the 23 outer edge of the Patriots' error bands, which puts that possibility way down the probability chart. 23 A. Oh, yes, certainly. He said they were damp 24 but not soaked with water or anything like that, 24 25 yes. 25 06/25/2015 03:43:11 PM Q. How early would it have to be? You said "too Page 406 to 409 of 457 106 of 172 sheets RECROSS/CALIGIURI/KESSLERPage 410 1 2 3 4 DIRECT/STEFFEY/REISNER early." How early, how many minutes? What was it? A. If you are looking at the error band now, is 1 2 3 what we are talking about? Q. The non-logo gauge. You just read a sentence 4 5 at your counsel's request. It would be too early. 5 6 What was too early? What was the time? 6 7 8 9 10 A. It was less than a minute. Q. So was it 30 seconds, 45 seconds? A. Well, based on this graph, it looks like 7 8 9 Page 412 A. Duane L. Steffey. Q. And how are you employed? A. I am a principal scientist and Director of the Statistical and Data Sciences Group at Exponent. Q. How long have you been at Exponent? A. Eleven years. Q. And can you please describe, Dr. Steffey, your educational background. A. I hold -- I took an undergraduate degree and 10 then Master's and Ph.D. degrees in statistics all 11 Q. More than a minute, not less than a minute, 11 from Carnegie Mellon University. 12 now looking at the graph, right? So if they came in 12 13 and then a minute started, then it was possible, 13 14 correct? 14 15 16 17 about a minute, a little bit over a minute. A. No, the average time had to be within that 15 16 minute, minute and 15 seconds. Q. Right. An average, again, we went through 17 Q. And can you describe any academic positions you've held. A. For many years I was a Professor of Statistics at San Diego State University. Q. During approximately what years? A. From 1988 to, well, officially until 2006. Q. And are you a member of any statistical 18 this before, means some could be more than a minute, 18 19 some could start 30 seconds, some could be at 45 and 19 20 you still could be within an average of a minute, 20 A. Yes, I am. I'm actually an elected fellow of 21 right? 21 the American Statistical Association and I also hold 22 membership in the Institute of Mathematical 23 Statistics and the Society for Risk Analysis. 22 23 24 25 A. That would be pretty hard. Q. Have you tried to do it to see if it's 24 possible? A. We actually tried to replicate the DIRECT/STEFFEY/REISNER 25 DIRECT/STEFFEY/REISNER measurement process, and it takes about 30 seconds 1 2 to measure the ball twice. 2 4 5 6 Q. And what was your role with respect to the statistical significance analysis performed by Page 411 1 3 associations? Q. Is that result reported anywhere in the reports? A. I don't know if it's reported in here or not, Page 413 Exponent in this matter? A. Well, that was the component of the 3 investigation for which I had lead responsibility, 4 given my background on the multidisciplinary team. 5 Q. Can you please describe as briefly as 6 possible the statistical significance analysis 7 Q. So did you put everything in the report you 7 performed by Exponent and the role of the 8 thought was significant that the world should know 8 statistical significance analysis as you understood. 9 about? 9 10 but I know that's what we did. A. You are asking me did we write down that A. I would be happy to. And I will be 10 amplifying comments made previously by both 11 we -- it took about 30 seconds. I don't recall if 11 Mr. Wells and my colleague, Dr. Caligiuri. 12 it's in the report or not. 12 For us, the statistical analysis was the 13 point of departure for the investigation and not the 14 final destination. We performed the initial 13 14 MR. KESSLER: I don't have any further questions. 15 MR. REISNER: I don't have any further. 15 analysis very early in our study to understand the 16 MR. LEVY: Call your next witness. 16 halftime data, frankly, to find out whether the MR. REISNER: We call Duane Steffey. 17 differences that were observed were in the noise 18 17 D U A N E S T E F F E Y, called as a witness, 18 level. 19 having been first duly sworn by a Notary Public of 19 20 the State of New York, was examined and testified as 20 they were recorded and we analyzed those data. We 21 follows: 21 saw anomalies in the record of the halftime data 22 DIRECT EXAMINATION BY 22 that became even clearer after we did some 23 MR. REISNER: 23 experimentation. We identified four alternative 24 scenarios, including switching of gauges. 25 Q. You tested all those scenarios, correct? 24 25 Q. Can you please state your name for the record. 107 of 172 sheets And we looked at the halftime data as the Page 410 to 413 of 457 06/25/2015 03:43:11 PM DIRECT/STEFFEY/REISNER Page 414 1 A. DIRECT/STEFFEY/REISNERPage 416 We tested all those scenarios and we 1 immediately after or after a delay, the four Colts' balls were measured. 2 accounted for the possibility that the balls were 2 3 set pre-game with both the logo gauge and with the 3 4 non-logo gauge. We accounted for that in our model 4 essentially a proxy for time. Because there is, as 5 with a gauge effect and said after accounting for 5 Dr. Caligiuri indicated, it takes some time to go 6 the possibility that either gauge was used pre-game, 6 through the process of measuring each ball. And so 7 the difference in average pressure drop that we see 7 obviously, you know, balls later in the order, 14 or 8 between the Colts' and the Patriots' balls were 8 15 were measured at times later than balls measured 9 statistically significant. 9 at two or three. So it's a proxy for clock time 10 11 12 13 14 15 16 Q. Now, Professor Steffey, Dr. Steffey, you were here during Dean Snyder's testimony, correct? A. Q. 10 without having to impose an assumption about what 11 clock time was. 12 And you heard him describe three key findings 13 appropriateness of the work done by Exponent or the 14 conclusions reached by Exponent when you take into Yes. 15 consideration the criticism identified by Dean Key finding 1 or criticism identified by Dean 16 Snyder? A. Q. Not at all, not at all. A. Well, one point that -- I think the implied 17 Snyder was that, "Exponent's statistical analysis of 17 18 the difference in average pressure drops is wrong 18 19 because it ignores timing." 19 20 21 22 23 Do you have a reaction or response to that criticism? A. Q. Yes. or criticisms of the Exponent work, correct? A. Q. So we had the order of measurement, which is Yes. I think that criticism is without foundation. Does it affect your view with respect to the And why is that? 20 claim is that there's an adjustment that's being 21 advanced by Dean Snyder and his team and that if you 22 make that adjustment, that timing explains the 23 difference in average pressure drop, okay. 24 Q. And why? 24 25 A. Well, for several respects. First of all, it 25 There are a couple of important points to keep in mind. The average pressure drop is just one DIRECT/STEFFEY/REISNER Page 415 DIRECT/STEFFEY/REISNERPage 417 1 mischaracterizes the purpose of the statistical 1 part of the investigation to look at. Variability 2 analysis. You need to remember that this analysis 2 is another. And as we looked at -- re-looked at the 3 originally was done very early in the investigation 3 halftime data later, after the experimentation is 4 before we had done extensive experimentation to 4 done, just asking whether the sequence of 5 understand how important timing was. 5 measurements makes sense, there is a claim that what 6 6 Dean Snyder and his team have done is to adjust for 7 this average pressure drop differ for whatever 7 timing. 8 reason? Is there some factor that the difference we 8 9 are seeing, is it meaningful and is it worth 9 We were just looking at the data saying, does Now, understand that my comments are going to be based on what I would regard as a preliminary 10 exploring further, just from a purely empirical look 10 analysis of PowerPoint slides that I got a few days 11 at the data? So that's point number 1. 11 ago. So I don't have a lot of extensive 12 documentation, and a lot of the technical details weren't really drawn out in the testimony today. 12 Point number 2 is that as it became clearer 13 through the experimentation that the timing was, we 13 14 saw a pronounced timing effect in the experiments, 14 15 we went back to the halftime data and said, well, 15 the p-values that are reported by Dean Snyder in his 16 you know, and frankly, I had looked at the data and 16 slides, taking our significance finding of .004 and 17 I didn't see an obvious time trend in the record of 17 then imposing adjustments under three cases. 18 measurements. 18 Case 1, as best as I can tell involves 19 looking at the transient curves and saying, well, if 19 But I said let's be sure. And we don't know But I was able to replicate nearly exactly 20 the exact clock time of when the measurements were 20 I think about the average time at which the Colts' 21 taken, but we do know the order in which they were 21 balls were measured, and I shift them to correspond 22 taken. Everybody has testified, look, they were 22 to the average time at which the Patriots' balls 23 measured in the order in which they were recorded, 23 were measured, what is the psi effect? And in his 24 eleven Patriots' balls measured by two officials 24 Case 1, it looks like it's about .31 psi. 25 with two gauges and then at some point later, either 25 06/25/2015 03:43:11 PM Page 414 to 417 of 457 So I believe what he did is to add .31 to the 108 of 172 sheets DIRECT/STEFFEY/REISNER Page 418 DIRECT/STEFFEY/REISNERPage 420 1 measured pressure drop for the Colts' balls to each 1 in the Patriots average drop. You can use the 2 of the Colts' balls, same numerical value to each of 2 Colts' data to estimate variability in the Colts 3 the Colts' balls and saying if they had been 3 average drop. 4 measured earlier, they would have seen a larger 4 5 pressure drop. 5 calculate under this Case 1 adjustment is actually 6 below two percent. So it remains statistically 6 Now, I have got a couple of problems with And if you do that, the p-value that you 7 that. The main problem is that this is claimed to 7 significant at the five percent level. And that's, 8 be an adjustment for timing. But remember that 8 frankly, consistent with what we were saying. 9 eleven Patriots' balls were measured. And if it 9 Timing helps to explain the results we see at 10 takes roughly 30 seconds between the measurements of 10 11 balls, there's at least four or five minutes that 11 12 elapse between the measurement of the first 12 making a larger adjustment, the reported p-value's 13 Patriots' ball and the measurement of the last 13 in the neighborhood of .2, a little bit above .2. 14 Patriots' ball. 14 Again, if you do the analysis without imposing an 15 halftime, but it's not the whole story. And similarly, if you take Case 2 which is 15 equal variances assumption, you get a p-value that's 16 make any adjustment to the Patriots' data. So to 16 below ten percent. So it's statistically 17 claim that there is an adjustment for timing I think 17 significant at the ten percent level, not at the 18 is inaccurate. 18 five percent level. 19 Dean Snyder's adjustment for timing doesn't Now, following that logic, though, I looked 19 The other important point in thinking about 20 at how the p-value is calculated. And, again, the 20 statistical significance is that it's not a black or 21 technical details of this aren't really transparent. 21 white line at .05. And there's no direct way that 22 But because I was able to use two different 22 you can connect .05 certainly to a legal standard 23 approaches and get values very close to the reported 23 for preponderance of evidence. So it's not that if 24 p-values, I believe what was done is to take, again, 24 you are .04, it's more likely than not, and if you 25 and analyze the difference of differences. 25 are .06, it's less likely than not. We have to be DIRECT/STEFFEY/REISNER Page 419 1 DIRECT/STEFFEY/REISNERPage 421 1 clear about that. So for all of those reasons, I 2 the -- what we described -- what has been described, 2 think that first finding is without foundation. 3 accurately described as the linear mixed effects 3 4 model. That's our main model in the appendix. And 4 fair to say that what Dean Snyder purported to do is 5 then I also did a simpler analysis just looking at 5 not really a statistical significance analysis to 6 the logo gauge separately and the non-logo gauge 6 look at the likelihood of chance explanation the 7 data separately, and doing what is called a 7 variation, but introduce into his analysis one of 8 two-sample t-test to compare the differences in the 8 the potential explanations for the deviation? 9 average drops for the Patriots and the average drops 9 10 11 The two ways I did it were to basically redo for the Colts. Now, what wasn't acknowledged or discussed Q. A. I think this is the last question. Is it What we didn't do is we didn't go back. As I 10 said, we went back to the halftime data and looked 11 for a time effect there. We didn't see it. We 12 here is that in order to replicate -- nearly 12 didn't alter the halftime data and reanalyze the 13 replicate the p-values that are reported here, there 13 data based on assumptions that we weren't in a 14 is another implicit assumption, which is that the 14 position to validate. 15 variability in the Patriots data and the Colts data 15 16 are the same, and that the t-test, for example, was 16 that we came to in part is that, you know, the 17 carried out with what's called a pooled variance. 17 arithmetic doesn't add up. If you look at the first 18 So you are assuming that the Colts' data is as 18 Patriots' measurement, whether it's made by the logo 19 variable as the Patriots' data and you use that. 19 gauge or the non-logo gauge, the very first one, 20 And I think that, you know, the conclusion 20 it's higher than the last four Patriots' footballs, 21 little bit above five percent. It's about six and a 21 which are being measured at least three minutes, 22 half percent. Interestingly, you can do that test 22 probably later. 23 without imposing that assumption. You can do the 23 24 comparison and use the variability in the Patriots 24 sequence of Patriots' measurements, and this is the 25 data to estimate the variability and the uncertainty 25 point we make in the report, it's going exactly in Now, if you do that, then you get a p-value a 109 of 172 sheets And so the actual, if you look at the Page 418 to 421 of 457 06/25/2015 03:43:11 PM DIRECT/STEFFEY/REISNER Page 422 DIRECT/STEFFEY/REISNERPage 424 1 the wrong direction compared to what we know to be 1 2 the timing effect. And so the timing effect goes in 2 And statistical theory tells us that if you 3 the wrong direction. The ball conditions that we 3 have got a model that has both team effect and gauge 4 tested experimentally we know can affect the 4 effect, to properly account for the team effects, 5 measured pressure by no more than about .3 psi. 5 the way you estimate the gauge effects is not to 6 average all of the data because you got more 6 And yet, you are seeing differences in data. 7 pressure that go well beyond -- they go opposite the 7 Patriots data than Colts data, because that's how 8 timing effect and they go well beyond what's 8 the halftime measurements were done. 9 attributable to differences in wet versus dry balls. 9 10 Q. What you have to do is calculate an average And did you also review a commentary or 10 for each gauge for the Patriots. And, for example, 11 criticisms by either AEI and Professor MacKinnon 11 for the logo gauge, you have to calculate the logo 12 with respect to the Exponent work? 12 gauge average for the Patriots and you have to 13 A. Yes. 13 calculate the logo gauge for the Colts, get those 14 Q. And do you have any responses or reactions to 14 two averages and then take the averages of averages. 15 the observations or commentary made by each of those 15 16 reports? 16 replicated our results. Other statisticians 17 A. Q. They are similarly without foundation. 17 understood what we were doing and effectively were And why? 18 able to replicate our results. So that point was A. Q. A. Can we take them in turn? 19 wrong. Yes, please. 20 The AEI report which has already been 21 then go on to present findings purporting to show 18 19 20 21 And had AEI done that, they could have We talked earlier about the fact that they 22 discussed, I mean, I would really try to amplify 22 that if the logo gauge was used pre-game, that you 23 what's already been said about the AEI report. 23 can again get a p-value above .05. Well, first of 24 Q. Please. 24 all, that's a limited victory in that doesn't really 25 A. The notion that we made a mistake and we made 25 speak to the "more likely than not" legal standard. DIRECT/STEFFEY/REISNER Page 423 DIRECT/STEFFEY/REISNERPage 425 1 an error, what's been characterized in the media as 1 2 a freshman statistics mistake, is just wrong. The 2 Dr. Caligiuri pointed out, the way they got there is 3 mistakes that AEI attributes to us, in fact, are 3 to include an order effect, which is essentially the 4 theirs. They weren't able to replicate our results. 4 same order effect that we went back and put into the 5 model and said it's not statistically significant. 5 The first part of their report says we can't But if you look at their model, as 6 reproduce our results. They misidentified the 6 Not only is it not statistically significant, but 7 statistical model we were using. We weren't using a 7 the coefficient for that term doesn't make physical 8 multiple regression model. We were using what's 8 sense. 9 called a linear mixed effects model. 9 10 The order coefficient that they have in the 10 model is positive and they are looking at pressure 11 but not all of our estimates. I spent a little time 11 drop and how does pressure drop change. And so 12 with that report and I finally figured out what 12 their model, the order effect that they put in, 13 their mistake was. They couldn't match our 13 which has the -- the order effect that they put in 14 estimates of gauge effects. 14 basically is saying that pressure drop should 15 increase with time. 15 They were ultimately able to replicate most, And the reason was that when they were 16 thinking about gauge effects, they were taking the 16 17 average -- the simple answer is that they were using 17 because the balls are getting back to equilibrium 18 a weighted average to estimate gauge effects, and 18 and the pressure drop from where you started 19 they should have been using an unweighted average. 19 pre-game should be getting closer. What happens if 20 And again, that doesn't make physical sense 20 you remove that order term? Well, as Dr. Caligiuri 21 gauge effects were looking at the average of all the 21 mentioned, and I think it's worth emphasizing, if 22 fifteen measurements that were taken by each gauge. 22 you take out that nonsignificant order effect, guess 23 Now, eleven of those were Patriots' measurements and 23 what happens to the p-value? It drops below .05 24 four of them were Colts' measurements. But we had 24 again, and it basically renders void the claim that 25 to consider the possibility of team effects in the 25 you can get -- you can get nonsignificant results What do I mean by that? Their estimates of 06/25/2015 03:43:11 PM Page 422 to 425 of 457 110 of 172 sheets DIRECT/STEFFEY/REISNER Page 426 CROSS/STEFFEY/KESSLERPage 428 1 depending on which logo gauge is used. And so I 1 said in the report. In terms of explaining, if we 2 think those are the main points that I think I 2 ask the question what factors can we vary that have 3 wanted to make in response to the AEI report. 3 the greatest impact on the ball pressure that we 4 I think Dr. Caligiuri tackled the other part 4 measure, if the ball is in a dynamic state in that 5 of the AEI report on the misinterpretation of the 5 the ball is either warming or cooling, that the 6 Ideal Gas Law. And with regard to Dr. MacKinnon, I 6 timing of measurement is very important. 7 think the only comment that's probably worth 7 8 emphasizing is that he was citing evidence that 8 correct? I'm trying to move this along. You agree 9 there was a lot of measurement error. 9 timing was a very important factor, right? 10 11 10 In fact, I think Dean Snyder referred to Q. A. Okay. So that was a way of saying "yes," Well, I would just like to put it in the measurement error. As Dr. Caligiuri pointed out, 11 12 when we studied the gauges, the gauges don't always 12 13 read the same thing; we know that from the halftime 13 14 data. One gauge may read higher or lower than 14 15 another. And we studied 50 gauges made by the 15 your Appendix A. This is your statistical model 16 same -- essentially they were the same in 16 that you presented to the world, correct? 17 manufacturer to the non-logo gauge. 17 18 18 They don't all read the same from one 19 another. We didn't read any that read as high as 19 20 the logo gauge did. Most of them were pretty 20 21 well-calibrated to the master gauge. But if you 21 22 were using that gauge repeatedly, you got consistent 22 23 measurements at those nominal pressure levels. 23 appropriate context. Q. I know, but we are here very late, so if you can answer "yes," "yes" would be good. Let me go to the next thing. Take a look at A. Yeah. Well, this is the model that explains how we conceived of analyzing the halftime data. Q. There is no other statistical model presented in Appendix A? There's only one, correct? A. In terms of the general structure of the model, yes, that's right. Q. So there is not an Appendix B, C? This is 24 And so if you are looking at differences and 24 the model you presented, this one-structured model, 25 you are using the same gauge to make measurements of 25 right? CROSS/STEFFEY/KESSLER Page 427 CROSS/STEFFEY/KESSLERPage 429 A. 1 difference, you are getting a good measure of 1 2 difference. So if you are looking at, if you are 2 structure with which we used to analyze the halftime 3 using one gauge pre-game and you are using that same 3 data under multiple scenarios about the data 4 gauge at halftime, you are getting a pretty accurate 4 themselves. 5 measure of what the pressure drop was. 5 6 Q. Correct. We've presented that as the Okay. This one-structured model that you 6 chose to present as your only structured model in 7 drop could reflect gauge measurement error is simply 7 this appendix and in the entire report, okay, has no 8 not supported by the extensive experimentation that 8 timing variable in it, correct? That was testified 9 we did and reported in our report. 9 by Mr. Caligiuri, right? There's no timing variable 10 So the notion that differences in pressure Q. 10 in this one-structured model that you chose to 11 MacKinnon commentary that made you question the 11 present, correct? 12 tests undertaken by Exponent or the conclusions 12 13 reached by Exponent? Was there anything in the AEI report or the A. We didn't put it in the final form of the 13 model because we put in a term to account for No. 14 timing. And found it wasn't significant for the 15 MR. REISNER: No further questions. 15 halftime data as recorded. 16 MR. KESSLER: I will try to keep this short 16 14 A. Q. Okay. So you didn't put it in? That's 17 and simple. 17 another way of saying "yes," right? It's not in 18 CROSS-EXAMINATION BY 18 there, right? I will get to why you didn't put it 19 MR. KESSLER: 19 in. Would you just give me it's not in the model? 20 Q. 20 Despite how complex I think this testimony A. There's no term in there that says time 21 was, Mr. Steffey, you agree, do you not, that you 21 22 found that timing was an important factor? I think 22 23 you said "very important factor" in your direct 23 is no statistical variability in your regression 24 testimony? 24 analysis that would have time as a factor affecting 25 the dependent variable, correct? 25 A. In -- well, I think I would stand by what we 111 of 172 sheets effect or order effect. Q. Page 426 to 429 of 457 And when you say, "There is no term," there 06/25/2015 03:43:11 PM CROSS/STEFFEY/KESSLER Page 430 1 2 3 4 5 CROSS/STEFFEY/KESSLERPage 432 A. That's correct. And just for -Q. "That's correct" will be good. A. I am referring to the equation that's about a third of the way down on Page A3. Q. And that's the only equation you present for 1 inconsistent, right? 2 A. That's right. And one thing to keep in mind 3 is that the experimental results that we generated 4 used balls that were at the same starting pressure. 5 Q. Now, let me ask you this. You mentioned that 6 your structured model, right? There's no other 6 you tried to replicate Dr. Snyder's work, correct? 7 equation I'm missing in Appendix A that does have a 7 You believed you were able to do that? 8 timing variable, right? 8 9 A. Well, there's another version of that 9 A. I believe I was able to do that. Q. And you pointed out that by doing some 10 equation that's got a lot of Greek letters in it 10 variability analysis for the second measure, you 11 later on, and that's for the more technical readers. 11 could achieve a statistical significance that's 12 But there's no other equation either in prose or in 12 above ten percent statistical level, not a five 13 symbols that have a timing effect in it. That's 13 percent, right? 14 addressed in the footnote. 14 15 Q. Even if I could understand the more technical 15 16 one, I won't find any timing variable in that in 16 17 Appendix A, right? 17 18 19 A. That's correct. Q. Okay, thank you. 20 Now, you then said the reason you didn't put A. The p-values I calculated were between five and ten percent. Q. It would not be significant at the five-percent level, right? 18 A. That's correct. And again, the statement 19 applies only to the difference in mean pressure 20 drops and isn't addressing the anomalous fluctuations that are in the Patriots halftime data. 21 in a timing variable is because you found it was 21 22 statistically insignificant, and that's what your 22 23 Footnote 49 says, right? 23 this analysis to make five percent the relevant 24 statistical significance level? That's Exponent's 25 choice, correct? 24 25 A. That's correct. Q. Now, it's completely the opposite of Q. It is true, is it not, that Exponent chose in CROSS/STEFFEY/KESSLER Page 431 CROSS/STEFFEY/KESSLERPage 433 A. Well, yes. I think as others have testified 1 everything else you found, that timing was the most 1 2 significant variable to conclude that it also is a 2 earlier, that is a standard level to use as a 3 statistically insignificant variable; is that 3 threshold for statistical analysis. 4 correct or not? 4 5 A. 6 that. 7 8 9 5 I'm not sure I followed the last part of 6 Q. Okay, let me try again. A. Try again. Q. You did all this work that said timing was 7 8 9 Q. And you would agree with that, correct? A. Well, yes, that's the threshold that I instinctively applied. Q. Professor Marlow agreed with that, who was supervising you? A. I think we were in general agreement with 10 the most significant variable affecting ball 10 11 pressure in your analysis? 11 Q. No one disagreed and said let's use ten 12 percent? Everyone said let's use five percent? 12 13 A. Yeah, mm-hmm. Q. And then you are saying the reason you didn't 13 that. A. It's a common threshold and to use it in 14 put timing into the analysis is because when you 14 15 tested ball order, you found it was an insignificant 15 16 variable, correct? That's what you testified? 16 that Exponent uses in almost all the statistical 17 That's what Footnote 49 says, right? 17 studies as a matter of practice; isn't that correct? 18 A. As a matter of practice. I would just 18 A. Yes. I think what Footnote 49 is pointing to evaluating halftime data was reasonable. Q. And, in fact, five percent is the measure 19 is an inconsistency between the results that we 19 qualify that by saying remember, in a real problem 20 demonstrated experimentally, which were consistent 20 where you have to make a decision, there is not 21 with physical theory and the observed pattern in the 21 necessarily a huge difference between .045 and .055. 22 halftime data. They don't match. 22 That's something that you have to think about as a 23 practical, real-world decision-maker. 23 Q. Right. So your halftime data analysis does 24 not match with all the other studies you did that 24 25 said that timing was significant? The results are 25 06/25/2015 03:43:11 PM Q. You mentioned civil cases in which you have testified, right? Page 430 to 433 of 457 112 of 172 sheets CROSS/STEFFEY/KESSLER Page 434 1 2 3 4 5 6 7 8 9 10 CROSS/STEFFEY/KESSLERPage 436 A. Yes. Q. And you talk about the preponderance of 1 2 3 evidence there, correct? A. Correct. Q. Okay. Are you familiar with the fact from -how many cases have you testified in? A. At trial or in depositions? Q. In any way, trial? A. Trial, a handful of times; maybe 30 4 I don't think I said that. Is that true? You have to put that statement in context. Is it true, yes or no? How about answering 5 that? Before giving me the explanation for why, is 6 it true that, in general, small data sets are less 7 reliable than bigger data sets? 8 MR. NASH: Objection. 9 COMMISSIONER GOODELL: He asked you a 10 depositions. A. Q. A. Q. question. Answer the question. 11 Q. Are you familiar with the fact that even in 11 12 the civil case with a preponderance of evidence like 12 "reliable." If you are making a decision based on 13 here, if the Court finds that you haven't met a 13 whether or not an effect is significant and you do 14 relevant level of statistical significance, what 14 an analysis with a small data set and that effect is 15 happens to the study; does it get admitted into 15 still significant, then your data set was small, but 16 evidence or is it excluded from evidence, in your 16 it was large enough for you to discover that effect 17 experience? 17 and make a decision on it. And having more data 18 wouldn't affect the decision you make. 18 A. I don't think I can answer that as a general A. You have to explain what you mean by 19 proposition. And you have to think about the 19 20 context in which we were doing this analysis. We 20 to a certain margin of error, is it true that you 21 did this analysis very early in the study. We were 21 get a smaller margin of error if you have more data? 22 looking at whether the mean pressure drop was 22 Well, yeah, it is. Is that important or not? I 23 statistically significant. We also looked at 23 think it depends on the context. 24 whether the variability between the Patriots' 24 25 measurement and the Colts' measurement were 25 Now, if you are trying to estimate something Q. Is this one of the smallest data sets you have ever worked in on any of your statistical CROSS/STEFFEY/KESSLER Page 435 1 2 CROSS/STEFFEY/KESSLERPage 437 statistically significant. And the other thing that is known in general 1 analyses in all the cases you have testified in? Is 2 this one of the smallest ones? 3 statistical practice is that if you have a finding 3 A. No, I wouldn't say it stands out as being 4 of non-significance and that finding is based on a 4 exceptionally small. It is small. Obviously, four 5 relatively limited amount of data, you have to be 5 observations for the Colts isn't that many, but it's 6 somewhat cautious about taking that as evidence of 6 certainly, you know, there is information there. 7 no difference, because when statisticians encounter 7 8 that situation, what they think about is what they 8 case you can recall where you had four observations 9 call the power. 9 was your entire data set and that's all, or less? 10 They are saying, well, do I have enough data 10 Q. I will ask you this: Have you ever done a And if you can't identify, "no." A. I have reviewed evidence that has been put 11 so that if the difference actually existed and it 11 12 was appreciable in magnitude that I would have 12 forth where people have taken one or two 13 enough data, that I would have a high probability of 13 measurements and tried to reason on that basis. 14 detecting that? 14 Q. And you think that's a proper thing for a 15 statistician to do with one or two observations? 15 And so, findings of non-significance have to 16 be treated, especially in situations with small 16 A. Typically, it is not. Typically it is not 17 sample sizes, with a little bit of circumspection as 17 because there is uncertainty. But if you had a 18 opposed to findings of significance. 18 situation where there was no variability, you had a 19 population that had no variability in it and you 19 If you get a finding of significance with a 20 small amount of data, that's generally an indication 20 wanted to learn about that population, one 21 that you have a pretty strong effect and it's strong 21 measurement would be enough because there is no 22 enough to manifest itself even with a relatively 22 variability. 23 limited amount of data. 23 24 25 Q. Small data sets are less reliable than big data sets, correct? 113 of 172 sheets MR. KESSLER: I don't have any further 24 questions. You can keep going if you want, but I'm 25 done. Page 434 to 437 of 457 06/25/2015 03:43:11 PM REDIRECT/STEFFEY/REISNERPage 438 1 2 DIRECT/MARLOW/REISNER Page 440 1 MR. REISNER: Professor Steffey, one question. 2 3 REDIRECT EXAMINATION BY 3 4 MR. REISNER: 4 Q. What is your current title at Princeton? A. I am the Evans Crawford 1911 Professor of Physics. 6 requires the inclusion or introduction of the type 6 Q. How long have you been at Princeton? A. 31 years. 7 of timing variable described by Dean Snyder in order 7 Q. And other than your current position, have 8 for a statistical significance analysis to be valid? 8 you held any other positions at Princeton 9 University? 5 9 Q. University. A. 5 Is there any statistical principle that Well, no, especially not in this context. I A. I was department chair. Q. During what period of time were you 10 guess I would respond in two ways. We were doing 10 11 that analysis before we did a lot of transient 11 12 experiments where we understand exactly what the 12 13 magnitude of the timing effect was. 13 A. 14 Q. When you refer to "department chair," which 14 And the second thing is, I think there are department chair? 2001 to 2008. 15 flaws with the approach to adjustment for timing 15 16 that Dean Snyder and his team did. They basically, 16 17 as near as I can tell, just altered the Colts' data 17 18 by shifting all the numbers down and didn't really 18 particular emphasis of academic research and 19 address the time that elapsed in the Patriots' 19 expertise? 20 measurements, and frankly, the anomalies in the 20 21 Patriots' data when you look at it sequentially. 21 22 And when we first looked at variability and 22 department are you referring to? A. The physics department. Q. Professor Marlow, do you have any areas of A. Yes. I'm an experimental particle physicists. Q. What does that mean? A. Well, particle physics studies -- it's also 23 we said, gee, when we look at the variability in the 23 24 Colts halftime measurements and the Patriots 24 called subatomic physics. It studies the 25 halftime measurements, although the Patriots' data 25 constituents of matters, the interactions between DIRECT/MARLOW/REISNER Page 439 DIRECT/MARLOW/REISNER Page 441 1 is more variable than the Colts, it's not 1 them. This is research we do at the Large -- right 2 statistical significant, that might be because of 2 now, the experiment I'm working on is at the Large 3 small sample sizes for the Colts. 3 Hadron Collider at CERN. Q. And to what extent is the discipline of 4 But then we did the experiments and we 4 5 understood the importance of timing and we looked at 5 6 that data again, looking at the sequential nature of 6 7 the Patriots' observations and said, look, we can't 7 statistics, per se, but we depend on statistical 8 explain this, either by timing or ball conditions. 8 analyses a lot in our work. 9 9 MR. REISNER: Nothing further. statistics relevant to your work? A. It's quite relevant. We don't study Q. And what was your role with respect to the 10 MR. KESSLER: Nothing further from me. 10 analyses, experiments and other work done by 11 MR. REISNER: We call Professor Dan Marlow. 11 Exponent in this case? 12 THE WITNESS: Thank you. 12 13 MR. REISNER: Last witness. 13 was the designated skeptic. I looked over what 14 COMMISSIONER GOODELL: Welcome. 14 Exponent was doing. I thought about the problem a A. Well, one way to describe it is, I guess I 15 D A N I E L M A R L O W, called as a witness, 15 lot myself, just probed when they did an analysis, I 16 having been first duly sworn by a Notary Public of 16 would do it myself. 17 the State of New York, was examined and testified as 17 18 follows: 18 the data, say, does this make sense? Does this 19 DIRECT EXAMINATION BY 19 agree with what I would expect from theory? And 20 MR. REISNER: 20 then I also spent a lot of time thinking about 21 things that weren't included, trying to think about 22 that. 21 Q. 22 record. 23 A. Q. A. 24 25 Can you please state your name for the Daniel R. Marlow. 23 And how are you employed, sir? 24 I am a Professor of Physics at Princeton 25 06/25/2015 03:43:11 PM When they made measurements, I would look at Q. How frequently did you interact with Exponent? A. Page 438 to 441 of 457 It was roughly once a week, maybe sometimes a 114 of 172 sheets DIRECT/MARLOW/REISNER Page 442 DIRECT/MARLOW/REISNERPage 444 1 little bit more, sometimes a little bit less during 1 appropriateness of the transient experiments and the 2 the, you know, main, most intensive part of the 2 game-day simulations used by Exponent? 3 investigation. 3 4 5 6 Q. those interactions took. A. 5 A. Yes. Q. What is your view? A. Perfectly good. I was, especially with the 6 simulation experiments, I was, frankly -- "amazed" 4 And can you just describe the form in which Well, there were mostly phone calls where 7 Exponent would come and report what they had 7 may be overstating it, but I was highly impressed 8 observed. Usually there would be a document that 8 with the level of detail, thought, planning and 9 preceded the phone call. I would spend some time 9 execution. It was really a first-class piece of 10 studying it. Again, I would do my own calculations 10 11 to see does this make sense, you know, does this 11 12 look like solid work? 12 Q. Did you review the report prepared by Exponent? 14 development by Exponent of the statistical 14 A. I did. Q. And did you review carefully both the 15 significance model they used? 15 substance of the report and the conclusions set 16 forth in the report? 13 16 Q. work. A. 13 And what role, if any, did you play in the Well, I took a much simpler approach, which A. 17 gave it essentially equivalent results. Again, and 17 18 there is a lot of confusion on this point, it was 18 of drafts. I went through all of them and looked at 19 never an intention to do anything other than to say 19 it for, obviously, for any mistakes, and then also I 20 are we wasting our time here by even looking at 20 was looking is this presented in the clearest 21 this? 21 possible way? 22 If we had found initially that there was no 22 23 difference between the Patriots' and the Colts' 23 24 balls, speaking for myself, I would say forget about 24 25 it. There's just no point in studying this further. 25 Yes, I went through it. There were a couple Q. And do you have a view as to the conclusions reached by Exponent as set forth in its report? A. Yes. Q. What is your view about their conclusions? DIRECT/MARLOW/REISNER Page 443 1 2 DIRECT/MARLOW/REISNERPage 445 1 But we found a large statistical significance. Q. And what role, if any, did you play in the A. I believe the conclusions are correct. And 2 there are uncertainties, but those are very clearly 3 development of the transient experiments and 3 laid out in the report. And we talked earlier about 4 game-day simulations used by Exponent? 4 these transient curves, the Figure 28. And I think, 5 I know it could be difficult for people to ponder graphs and try to understand what they mean. 5 A. Well, that was more along the lines of 6 looking at what they did. Before -- before any 6 7 measurements were made, I had actually realized that 7 8 this transient effect would be potentially 8 clear. I think that captures not only the central 9 important. 9 result, but also the uncertainties. 10 What I didn't know basically was how quickly 10 11 the footballs would warm. But I thought that was 11 12 something we definitely had to look into, and it 12 13 turns out it was an important effect. 13 14 15 16 17 18 19 20 Q. 14 Did Exponent share data with you in the 15 course of their experimentation? A. Q. finding or criticism, "Exponent's statistical 18 analysis of the difference in average pressure drops Yes. 19 is wrong because it ignores timing." Do you have a view with respect to the 20 22 model and analysis used by Exponent? 22 25 For the purpose that it was put to, it was fully appropriate. Q. A. Yes. Q. Directing your attention to his first key 17 21 24 findings or criticisms? And did you discuss that data, its appropriateness of the statistical significance A. A. Yes. Q. Did you hear his description of his three key 16 21 23 Q. Were you here during the testimony of Dean Snyder? Absolutely. significance, and follow-up that should take place? A. Q. But if one takes the trouble, then it's quite And do you have a view as to the 115 of 172 sheets Do you have a reaction or response to that criticism? A. Well, there were never any claims that timing 23 was in it. There was a lot of confusion on this 24 point. But it's -- how do I put this? I think it's 25 quite clear what Exponent did, what the philosophy Page 442 to 445 of 457 06/25/2015 03:43:11 PM DIRECT/MARLOW/REISNER Page 446 CROSS/MARLOW/KESSLER Page 448 1 of the analysis is. And I don't understand how 1 2 people have so much trouble understanding that. 2 A. No. Q. And have you had an opportunity to review 3 Q. And directing your attention to key finding 3 each of the AEI reports and the MacKinnon report 4 or criticism number 2, "Exponent improperly draws 4 that were described earlier? 5 conclusions based on variability and halftime 5 6 pressure measurements despite conceding that the 6 7 variability is statistically insignificant." 7 reports, did that affect your views with respect to 8 the appropriateness of the work done by Exponent or 9 the conclusions reached by Exponent? 8 9 10 Do you have a response or reaction to that criticism? A. 10 Yeah. It's a kind of very pedantic, A. Yes. Q. And after reviewing the commentary on those A. No. 11 technical point. And it also, again, misses the 11 12 basic point. The reason that first result is not 12 CROSS-EXAMINATION BY 13 statistically significant, I point out it is 13 MR. KESSLER: 14 actually -- it's very suggestive. There is a pretty 14 Q. I will try my best -- so far I have been 15 clear effect there. MR. REISNER: Nothing further. 15 failing -- to try to ask questions. If you can just 16 It just doesn't quite rise to this or synch 16 answer very simply without explanations, I hope you 17 to this .05 level, but that doesn't prove it's not 17 will try to work with me. 18 there. And you can look at other data and that's 18 19 essentially what Exponent did, is they looked at 19 20 their simulation data. And what struck me was in 20 21 all the data sets I looked at, they all consistently 21 22 had a much lower variability than what we saw in the 22 A. That's correct. Q. Will you agree with me that the Exponent 23 Patriots' balls. 23 report is not -- doesn't have anything to do with 24 experimental particle physics? Will you give me 25 that? 24 25 Q. And directing your attention to key finding or criticism 3, "If the logo gauge was used to A. As long as you don't editorialize. Q. You are an expert in experimental particle physics? DIRECT/MARLOW/REISNER Page 447 CROSS/MARLOW/KESSLER Page 449 1 measure the Patriots' balls before the game, then 1 2 eight out of eleven were above Exponent's expected 2 3 outcome." 3 4 5 4 Do you have a reaction or observation, 5 reaction or response to that criticism? A. A. There are common techniques. Q. Does it have anything to do with experimental particle physics as a science? A. No. Q. Thank you. Well, I think, as has been pointed out, there 6 7 was a lot of discussion of the logo versus non-logo 7 first criticism that there was never any claim made 8 gauge. I think there's ample evidence that the 8 that timing was included in the statistical model in 9 non-logo gauge is what was used. This business of 9 Appendix A. That's what you just stated, right? 6 Second point, you stated with respect to the 10 whether or not it was corrected is such a tiny 10 A. Well, let me speak for myself. I never saw 11 detail. 11 that particular test as having anything to do with 12 timing. I think there is confusion on this point. 12 I mean, obviously, if you say the logo gauge 13 was used, then it's not a small correction, but it's 13 MR. LEVY: You may continue. 14 a tiny correction if you say the non-logo gauge is 14 THE WITNESS: Okay. 15 used. And furthermore, that analysis ignores 15 16 something that everyone agrees on, and that is that 16 because there's this large variability in the 17 as the balls warm up, their pressure goes up. So 17 Patriots' balls, you don't see a timing effect. You 18 it's just a little bit off topic. 18 expect to see them rise, but they don't rise. And 19 if they didn't have this variability, you would see 20 it. Now, that's Part 1. 19 20 21 Q. In other words, it freezes the balls at the outdoor measurement? A. Freezes the balls, yes. Q. And based on the criticisms or findings A. There is confusion on this point and that is 21 Part 2 is there's another effect which is you 22 can't really get from the halftime measurements by 23 described by Dean Snyder, did it affect your views 23 themselves. And that is the time at which the 24 with respect to the appropriateness of the work done 24 Patriots' balls are measured and the times at which 25 by Exponent or the conclusions reached by Exponent? 25 the Colts' balls were measured. 22 06/25/2015 03:43:11 PM Page 446 to 449 of 457 116 of 172 sheets CROSS/MARLOW/KESSLER Page 450 1 CROSS/MARLOW/KESSLER Page 452 And that is discussed in the report, but that 1 Q. Who made the decision to leave out the 2 comes from reconstructing what went on during that 2 post-game data? Did you participate in that 3 period in halftime when they were measuring. So no 3 decision? 4 statistical model is going to tell you what that is. 4 5 Q. I will try again. Is it correct, as you 5 6 stated, that there was never any claim made that 6 7 there was any timing variable in the statistical 7 8 model that is set forth in Appendix A? 8 9 10 9 MR. REISNER: Objection. A. Well, I will try again. I will try again. 10 A. Yes. I expressed my opinion and I was overruled. Q. So others decided not to include it, but you wanted to include it? A. Q. A. Q. That's correct. In any event, it's not there, correct? It's not there. 11 There is some inclusion of a statistical -- a time 11 12 effect in the statistical model, but it's only there 12 did include, there is no statistically significant 13 to look for a rise in the balls during the Patriots' 13 effect, correct? 14 measurements. It's not there to look for the 14 15 difference between the Patriots' and the Colts' 15 16 balls. 16 statistically significant, you used the word, it's 17 "suggestive." Do you remember using that word? 17 Do you understand this now? Looking just at the halftime data which you A. That's correct. Q. Now, you then said even though it's not 19 20 Q. Yes, I do. A. Good. Q. There is no timing effect to account -- to 20 recognized by any statistician? Is that a 21 try to account for whether that was a factor in the 21 scientific term, "suggestive"? 22 differences between the Patriots and the Colts' 22 A. Well, it's a term in plain English. And I 23 balls, correct? 23 can tell you how we use it in science. If you see 24 something where an effect is suggested, you pursue 25 it, all right. So you say, look, we have this data 18 19 24 25 18 A. That's correct. Q. Okay, good. A. Yes. Q. Okay. Is "suggestive" a scientific term CROSS/MARLOW/KESSLER Page 451 1 CROSS/MARLOW/KESSLER Page 453 1 set. There is some suggestion here that something 2 concede that there was no statistically significant 2 is going on. And we do this all the time at CERN. 3 effect for the variability analysis, correct, at the 3 4 five-percent level? 4 bet your bottom dollar that if you see a suggestion 5 of an effect in data, you are going to look very 6 hard for other data to see whether or not you are 7 right. Sometimes the other data shows that you are I did. 8 wrong; other times it doesn't. But the notion that You did look at the post-game data? 9 because this is insignificant, well, forget about 5 6 7 8 9 10 Now, the next one, you said that -- you A. If you only look at the halftime data, yes. Q. Okay. You didn't look at the post-game data, right? A. Q. A. Q. A. Q. A. And you can bet your bottom dollar -- you can I did. 10 Did you do a study of that? 11 Yes. 12 Did you report it in your report anywhere? 13 significant, we will never look anyplace else, No, because we didn't want to use the 14 that's just silly. 15 halftime data or the post-game data to speak to the 15 16 mean. However, since you asked, I did do the 16 that you set up the exercise on the difference 17 analysis. It's not in the report. The reason it's 17 between the differences and that if it was not 18 not in the report is because of potential 18 statistically significant, your decision would be 19 uncertainties with it. 19 there would be no point to doing anything further? 11 12 13 14 20 However, any uncertainty I can think of, and Q. It's just silly? A. Yes. If you say because this is not Q. Didn't you just testify on direct examination 20 21 I will ask you to think of an uncertainty, or you 21 22 (indicating), so think of an uncertainty that would 22 23 lead to a smaller variance in the data, and there 23 24 are none. So if you include that, then suddenly 24 25 this variability becomes statistically significant. 25 117 of 172 sheets it, is just silly. Did you testify to that, yes or no? A. Yes. Q. Was that silly? A. No, and there is a reason, if you will let me explain. Page 450 to 453 of 457 MR. KESSLER: I have no further questions. 06/25/2015 03:43:11 PM REDIRECT/MARLOW/REISNERPage 454 1 2 3 4 5 REDIRECT/MARLOW/REISNERPage 456 1 COMMISSIONER GOODELL: Let him finish, please. Q. Explain, explain. COMMISSIONER GOODELL: There is no reason to point. 2 MR. LEVY: All right. 3 MR. KESSLER: Thank you. 4 MR. LEVY: Thank you. We are done for the 5 day. I understand that the parties are going to 6 consult and agree on a proposed due date for 7 Q. I'm sorry. I apologize for that. A. I can explain. If you hadn't seen a mean 7 post-hearing briefs. The Commissioner will agree to 8 shift, then there would be no point in going on, all 8 any schedule that's reasonable. 9 right. However, we did see a mean shift, so we said 9 6 be disrespectful to any witness. In your briefs, the Commissioner would like 10 look, we have to understand why this happens. Then 10 you to address the question of whether he should 11 we look at this variability. The variability data 11 hear from Mr. McNally and/or Mr. Jastremski before 12 in the rest of the experiments' measurements that 12 resolving the issue, before deciding the matter. 13 Exponent made comes for free. So if you get free 13 14 data, of course, you look at it. 14 have indicated that we should address the legal 15 issues. Can we limit our briefs to that rather 16 than, you know, arguing what happened in the factual 17 record today and all that, or would it be helpful 18 for you to have that as well? Post-hearing briefs 15 16 17 18 19 COMMISSIONER GOODELL: Okay. Were you done, Mr. Kessler? MR. KESSLER: I don't have any other questions for this witness. MR. KESSLER: Other than that question, you 19 are -- I want to find out what would be useful to 20 REDIRECT EXAMINATION BY 20 the Commissioner for his decision. 21 MR. REISNER: 21 22 MR. REISNER: Very, very briefly. Q. Dr. Marlow, the variability analysis that MR. LEVY: Recognizing there are 25 people 22 who are here that would like to leave, why don't I 23 took into account the post-game data that you wanted 23 ask the two of you to consult, see if you can come 24 to include in the report but didn't get included in 24 up with an agreement on that. And I am happy to 25 the report, your view that wasn't included in the 25 participate. REDIRECT/MARLOW/REISNERPage 457 REDIRECT/MARLOW/REISNERPage 455 1 report would have been more prejudicial to the 2 Patriots, correct? 3 A. Yes, yes, and that was part of how I 4 interpreted why I was overruled is we didn't want to 5 be too aggressive in it. We were trying to be fair. 6 Q. In your view, based on the variability and 7 analysis, taking into account the post-game data 8 would have made it more likely that the Patriots' 9 balls did not start at the same psi level when they 10 were introduced on the field and after Walt Anderson 11 had gauged them, correct? 12 A. Yes. The very -- the most natural 13 explanation for the variability is that they started 14 at different pressures, yes. 15 included in the report because there was a consensus 17 between you and Exponent that it was better to take 18 a conservative approach and not use the post-game 19 data because it might open you up to some criticism, 20 much of which we have heard today? 22 23 24 25 A. Yes, that's fair. That's why I went along, but I couldn't contain myself here; I'm sorry. MR. REISNER: Nothing further. MR. KESSLER: I'm going to resist any temptation to ask any further questions at this 06/25/2015 03:43:11 PM MR. NASH: That makes sense. MR. KESSLER: Okay. MR. LEVY: Thank you all for your patience. COMMISSIONER GOODELL: Thank you. (Hearing adjourned at 8:27 p.m.) I, JOSHUA B. EDWARDS, a Notary Public for and within the State of New York, do hereby certify that the above is a correct transcription of my stenographic notes. 11 12 ___________________________ JOSHUA B. EDWARDS, RDR, CRR 13 Registered Diplomate Reporter Certified Realtime Reporter Q. And is it fair to say that this was not 16 21 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 Page 454 to 457 of 457 118 of 172 sheets $ $5,512 [1] - 26:19 $50,000 [1] - 45:1 0 0.3 [1] - 355:18 0.4 [1] - 355:18 00067 [1] - 104:12 001584 [1] - 333:8 00206 [1] - 104:13 004 [1] - 417:16 04 [1] - 420:24 045 [1] - 433:21 05 [12] - 165:8, 165:19, 166:20, 166:24, 175:23, 420:21, 420:22, 424:23, 425:23, 446:17 055 [1] - 433:21 06 [1] - 420:25 067 [1] - 222:5 07 [1] - 179:13 1 1 [34] - 102:5, 104:7, 159:22, 174:4, 174:6, 174:12, 176:13, 180:11, 197:18, 197:22, 198:9, 198:25, 214:2, 214:4, 214:7, 214:11, 214:22, 221:24, 262:25, 263:9, 272:2, 299:9, 327:1, 327:12, 333:23, 361:6, 365:17, 414:16, 415:11, 417:18, 417:24, 420:5, 449:20 1,500 [1] - 338:1 1.1 [1] - 173:2 1/19/2015 [1] - 94:16 10 [4] - 131:2, 172:2, 242:6, 357:17 10.1 [4] - 238:22, 239:11, 239:15, 241:22 10/17 [1] - 92:9 100 [4] - 5:15, 77:12, 77:15, 153:1 10018 [1] - 2:12 10019 [1] - 3:16 101 [1] - 124:23 10154 [3] - 1:16, 2:4, 2:16 10166 [1] - 3:10 119 of 172 sheets 102 [1] - 125:24 104 [2] - 78:5, 126:15 105 [3] - 94:13, 127:2, 144:19 1050 [1] - 3:21 106 [1] - 129:10 107 [2] - 129:21, 130:19 108 [1] - 131:8 109 [2] - 132:17, 133:22 10:18 [1] - 236:7 10:26 [1] - 130:25 10:54 [1] - 144:22 11 [5] - 99:6, 129:22, 129:24, 130:5, 208:21 11-minutes-and-onesecond [1] - 130:10 11.11 [1] - 160:24 11.32 [1] - 184:14 11.49 [1] - 160:24 11.8 [1] - 258:24 11.87 [1] - 172:24 1133 [1] - 3:3 115 [4] - 97:15, 97:16, 98:8 11:23 [1] - 100:1 11:38 [1] - 100:1 11:45:16 [1] - 134:6 12 [20] - 50:4, 59:11, 59:25, 75:13, 77:15, 118:21, 118:23, 125:6, 129:3, 172:16, 173:1, 173:2, 239:21, 364:15, 375:10, 375:11, 378:8, 397:23, 399:12, 399:24 12.17 [14] - 187:9, 187:10, 216:1, 216:9, 216:24, 217:4, 217:24, 218:19, 364:10, 364:11, 364:18, 375:20, 376:1 12.2 [1] - 364:9 12.5 [63] - 63:20, 64:1, 65:8, 66:11, 68:3, 113:14, 113:22, 114:8, 114:11, 114:14, 114:22, 114:25, 115:10, 115:12, 115:19, 115:21, 115:25, 116:3, 116:15, 116:20, 117:23, 118:5, 118:7, 118:12, 118:13, 118:14, 119:1, 119:14, 120:20, 121:15, 122:9, 122:22, 122:23, 161:25, 163:7, 184:6, 187:9, 216:17, 216:20, 216:22, 217:14, 218:2, 218:11, 218:20, 238:11, 240:9, 240:14, 293:5, 293:7, 293:11, 293:16, 293:19, 293:25, 294:6, 374:23, 375:17, 378:13, 397:17, 397:20, 398:21, 398:25, 400:10, 400:12 12.6 [9] - 115:25, 116:15, 118:15, 217:14, 218:20, 293:5, 293:7, 293:11, 364:14 12.7 [5] - 114:19, 116:15, 117:9, 120:20, 364:14 12.8 [3] - 114:19, 116:15, 117:9 12.9 [2] - 116:15, 120:20 12.95 [2] - 161:23, 293:13 1285 [1] - 3:16 12:36 [1] - 149:3 12th [4] - 191:7, 192:4, 192:10, 319:22 13 [37] - 12:25, 59:11, 59:25, 62:24, 73:6, 73:19, 94:11, 116:16, 116:21, 118:21, 119:10, 120:20, 126:5, 126:12, 130:22, 134:4, 172:23, 193:17, 193:18, 239:22, 277:20, 277:24, 278:3, 278:12, 278:17, 293:13, 293:14, 293:16, 293:19, 294:1, 294:7, 319:5, 319:10, 319:12, 319:15, 364:16 13.0 [4] - 163:7, 171:3, 171:20, 375:11 13.1 [1] - 293:13 13.5 [6] - 65:8, 113:15, 113:23, 122:23, 218:2, 319:2 Page 1 to 1 of 54 1333 [1] - 2:21 136 [2] - 237:17, 252:12 139 [1] - 5:15 14 [5] - 238:25, 258:15, 298:3, 298:10, 416:7 143 [1] - 5:15 15 [16] - 26:2, 28:3, 36:2, 47:22, 116:13, 132:19, 214:3, 214:4, 214:7, 214:11, 214:21, 214:24, 225:3, 233:24, 410:16, 416:8 150 [1] - 5:16 1584 [2] - 333:13, 333:14 1597 [1] - 249:15 16 [23] - 13:1, 13:3, 52:12, 58:13, 58:14, 58:23, 60:4, 62:24, 92:22, 93:18, 93:20, 93:22, 94:1, 116:11, 118:19, 142:18, 277:21, 278:13, 397:4, 397:7, 397:9, 397:25, 398:25 1639 [1] - 139:6 168 [1] - 226:2 16th [1] - 62:11 17 [1] - 401:12 174 [3] - 253:13, 255:12 177 [2] - 248:2, 254:5 17th [1] - 62:13 18 [4] - 103:12, 236:20, 337:5, 401:12 18th [2] - 105:12, 306:24 19 [5] - 125:11, 125:15, 129:16, 353:14, 401:12 191 [3] - 197:19, 359:15, 359:16 1911 [1] - 440:3 1920 [2] - 18:8, 58:18 194 [1] - 5:16 196 [1] - 156:18 1985 [1] - 153:7 1988 [1] - 412:17 19th [13] - 78:9, 125:1, 125:4, 126:1, 126:18, 127:3, 130:4, 133:11, 141:9, 143:15, 144:22, 145:13, 237:19 Page 1 1:00 [1] - 149:2 1:07 [1] - 149:3 1:08 [1] - 132:6 2 2 [28] - 43:5, 111:9, 111:19, 160:13, 176:10, 176:11, 177:23, 180:11, 199:21, 222:13, 273:8, 273:9, 299:24, 316:5, 327:1, 327:16, 361:11, 363:15, 365:18, 367:19, 415:12, 420:11, 420:13, 446:4, 449:21 2.5 [2] - 279:13, 399:17 2.6 [1] - 399:17 20 [5] - 131:9, 131:11, 154:1, 353:10, 400:15 200 [1] - 3:10 2000 [2] - 47:17, 113:20 2001 [1] - 440:13 20036 [3] - 2:21, 3:4, 3:22 2006 [10] - 12:2, 50:10, 64:4, 64:6, 65:3, 65:9, 66:12, 97:19, 113:25, 412:17 2008 [1] - 440:13 2009 [2] - 24:8, 119:22 2010 [1] - 119:22 2013 [1] - 54:24 2014 [17] - 12:13, 52:5, 52:13, 54:24, 99:6, 102:20, 102:21, 103:2, 103:8, 103:10, 104:16, 112:21, 113:20, 124:3, 245:23, 333:23 2014/2015 [1] - 135:8 2015 [30] - 1:10, 6:2, 102:14, 103:2, 103:8, 103:11, 103:12, 104:1, 104:16, 107:2, 107:5, 107:7, 107:10, 109:13, 111:2, 111:11, 111:25, 112:22, 121:2, 125:11, 125:15, 129:16, 131:9, 131:11, 06/25/2015 03:43:11 PM 140:20, 263:11, 263:23, 332:15, 337:5 203 [1] - 64:19 20th [7] - 3:3, 132:1, 132:7, 132:10, 133:11, 141:9, 143:15 21 [1] - 131:25 21st [5] - 133:23, 141:10, 143:15, 261:23, 313:2 22 [5] - 169:23, 172:18, 174:15, 204:18, 223:10 227 [1] - 5:17 23 [5] - 1:10, 6:2, 102:20, 263:11 23rd [2] - 264:12, 264:22 24 [6] - 24:7, 50:5, 69:11, 69:21, 70:23, 131:1 25 [2] - 125:5, 456:21 251 [1] - 5:17 255 [1] - 5:17 256 [3] - 239:3, 258:16, 300:4 259 [1] - 5:17 260 [6] - 298:12, 298:13, 298:23, 298:24, 299:23, 300:4 261 [1] - 5:18 266 [1] - 240:2 28 [10] - 5:5, 109:13, 313:8, 332:15, 382:23, 387:7, 403:17, 403:22, 405:17, 445:4 28th [4] - 84:20, 333:12, 333:19, 337:14 2:00 [1] - 171:5 2:10 [1] - 171:5 2:17 [1] - 194:19 2:28 [1] - 194:19 2:37 [1] - 170:15 2:38 [5] - 170:2, 170:5, 170:10, 171:4, 171:12 2:40 [4] - 170:8, 171:12, 171:16, 172:25 2:50 [1] - 171:5 2nd [2] - 333:17, 335:18 06/25/2015 03:43:11 PM 3 3 [37] - 111:7, 111:17, 126:16, 139:10, 161:11, 161:12, 161:17, 162:6, 162:8, 177:23, 180:11, 183:10, 184:21, 190:24, 215:19, 216:21, 219:16, 224:10, 279:13, 294:9, 294:11, 296:20, 296:21, 302:24, 316:2, 316:9, 355:11, 363:20, 366:10, 374:12, 377:14, 378:8, 422:5, 446:25 30 [12] - 50:3, 148:19, 153:8, 153:10, 390:14, 400:15, 410:8, 410:19, 411:1, 411:11, 418:10, 434:9 30-some-odd [1] 399:14 300-pound [1] 282:12 3085 [1] - 4:4 30th [1] - 248:4 31 [3] - 417:24, 417:25, 440:6 321 [1] - 5:18 34 [3] - 130:22, 132:20, 397:12 340 [1] - 5:18 3429 [1] - 367:16 3437 [2] - 222:1, 222:2 345 [4] - 1:15, 2:3, 2:15, 5:22 35 [1] - 156:7 36 [2] - 68:24, 70:18 373 [1] - 5:22 3:54 [1] - 260:24 3rd [1] - 335:19 4 4 [16] - 102:11, 107:1, 129:11, 175:21, 184:22, 192:5, 226:3, 294:9, 294:11, 296:20, 296:22, 302:24, 316:2, 316:9, 372:15 40 [4] - 50:4, 152:19, 304:17, 399:14 402 [1] - 5:22 408 [1] - 5:22 41 [1] - 353:7 411 [1] - 5:23 42 [3] - 5:8, 226:15, 236:22 427 [1] - 5:23 43 [1] - 205:19 438 [1] - 5:23 439 [1] - 5:24 448 [1] - 5:24 45 [5] - 226:9, 377:15, 378:8, 410:8, 410:19 454 [1] - 5:24 46 [1] - 28:4 47 [2] - 5:15, 134:4 48 [8] - 184:7, 220:17, 291:1, 352:23, 365:25, 372:2, 372:3 48-hour [1] - 70:23 49 [5] - 212:14, 360:11, 430:23, 431:17, 431:18 4:03 [1] - 260:24 4:42 [1] - 236:7 5 5 [8] - 102:20, 103:2, 103:8, 103:11, 104:1, 104:16, 161:11, 408:6 50 [7] - 71:7, 128:8, 220:17, 291:1, 307:13, 309:8, 426:15 538 [1] - 330:7 54 [1] - 388:8 55 [5] - 131:12, 382:23, 392:7, 402:23, 403:25 56 [2] - 299:25, 300:1 58 [1] - 129:24 5:00 [1] - 313:4 5:13 [2] - 132:7, 132:10 5:21 [2] - 129:14, 129:17 5:30 [2] - 130:4, 313:4 5:54 [1] - 345:1 5th [1] - 112:22 6 6 [18] - 101:22, 102:14, 103:2, 103:8, 103:10, 104:15, 106:23, 107:2, 107:5, 107:7, 107:10, 112:21, 162:24, 226:3, 263:23, 350:16, Page 2 to 2 of 54 355:22, 356:15 6.7 [2] - 222:8, 369:18 600,000 [1] - 342:11 61 [1] - 331:19 62 [6] - 222:19, 224:13, 224:18, 224:19, 225:1 620 [1] - 2:11 64 [2] - 354:12, 355:10 650 [1] - 351:6 66 [1] - 29:22 67 [4] - 184:6, 365:4, 365:8, 365:18 69 [1] - 333:11 6:04 [1] - 345:1 6:50 [1] - 67:8 6th [8] - 40:4, 108:24, 109:25, 110:10, 138:12, 279:10, 336:8, 336:16 7 7 [15] - 5:4, 62:3, 78:6, 111:1, 111:11, 111:25, 112:4, 140:19, 163:11, 163:12, 175:18, 175:21, 177:19, 179:13, 316:5 70 [2] - 333:6, 335:10 71 [5] - 184:6, 364:25, 365:4, 365:6, 365:18 72 [1] - 365:4 725 [1] - 4:4 73 [3] - 24:4, 249:15, 318:11 77 [2] - 91:25, 92:1 79 [1] - 92:1 7:00 [3] - 67:8, 313:3 7:04 [1] - 395:25 7:12 [1] - 395:25 7:24 [1] - 131:19 7:25 [1] - 126:1 7:27 [1] - 133:23 7:30 [2] - 67:6, 130:25 7:38 [1] - 134:5 8 8 [4] - 102:14, 166:7, 208:21, 300:21 86 [5] - 62:4, 94:8, 277:10, 277:15, 277:16 8:00 [1] - 67:6 8:21 [3] - 111:12, 111:25, 140:20 8:27 [1] - 457:5 8:33 [3] - 111:12, Page 2 112:1, 140:20 9 9 [1] - 356:24 9,900 [1] - 104:16 90 [1] - 179:13 90017 [1] - 4:4 92.3 [1] - 222:9 95 [1] - 97:18 96 [3] - 105:10, 111:5, 337:4 99 [1] - 104:15 9:28 [2] - 1:11, 6:3 9:51 [2] - 78:8, 126:24 A a.m [6] - 1:11, 6:3, 100:1, 134:5, 134:6 A2 [1] - 98:22 A3 [8] - 173:11, 198:3, 198:15, 201:15, 202:19, 203:1, 212:13, 430:4 Aaron [2] - 248:3, 254:4 ability [3] - 64:21, 193:6, 316:11 able [23] - 10:14, 13:21, 16:12, 20:5, 20:6, 20:15, 25:25, 53:14, 55:19, 98:9, 112:12, 113:3, 148:3, 173:22, 187:6, 339:6, 417:14, 418:22, 423:4, 423:10, 424:18, 432:7, 432:8 absence [2] - 223:13, 404:2 absolute [1] - 316:16 absolutely [32] 38:21, 50:8, 75:20, 75:22, 75:25, 77:22, 80:9, 81:17, 84:2, 85:12, 85:19, 96:14, 97:1, 97:11, 141:6, 141:15, 141:19, 142:3, 142:6, 142:10, 173:9, 292:6, 296:8, 301:12, 315:13, 329:19, 341:7, 360:8, 368:3, 391:22, 443:16 absorb [1] - 55:17 abstract [1] - 220:22 abundance [1] - 157:7 academic [8] - 16:2, 120 of 172 sheets 151:11, 281:8, 281:23, 282:24, 283:12, 412:12, 440:18 accept [4] - 35:17, 38:7, 178:4, 308:16 accepted [3] - 304:22, 307:2, 371:12 access [6] - 87:2, 107:15, 244:6, 244:18, 321:16, 336:18 accomplished [1] 134:18 according [11] - 40:1, 107:1, 170:25, 177:18, 184:23, 191:9, 216:16, 217:1, 236:5, 257:9, 340:24 account [28] - 173:6, 173:22, 176:9, 202:1, 203:9, 211:14, 212:16, 213:2, 214:19, 215:13, 221:11, 253:1, 327:18, 357:11, 357:15, 358:9, 358:14, 358:17, 362:20, 366:20, 373:25, 384:12, 424:4, 429:13, 450:20, 450:21, 454:23, 455:7 accounted [3] - 19:24, 414:2, 414:4 accounting [2] 408:23, 414:5 accurate [5] - 125:8, 185:1, 217:21, 264:7, 427:4 accurately [8] 105:24, 106:11, 253:20, 255:12, 255:20, 259:19, 409:4, 419:3 accusing [3] - 94:20, 95:6, 144:24 achieve [1] - 432:11 acknowledged [3] 27:5, 176:17, 419:11 acknowledgements [1] - 22:18 act [2] - 266:22, 324:19 action [4] - 245:19, 245:21, 246:15, 250:8 actions [4] - 154:21, 121 of 172 sheets 243:1, 243:4, 245:19 active [6] - 102:13, 102:19, 104:20, 106:25, 108:17, 287:20 activities [12] - 10:16, 38:8, 38:9, 228:24, 248:20, 249:11, 273:15, 273:23, 274:3, 274:8, 310:16, 325:24 activity [2] - 170:19, 256:12 actual [13] - 105:20, 106:13, 106:16, 110:6, 116:17, 185:4, 191:2, 215:24, 247:11, 296:7, 353:4, 353:12, 421:23 add [6] - 7:3, 7:4, 122:24, 390:8, 417:25, 421:17 added [4] - 59:2, 284:25, 381:11 adding [1] - 262:4 addition [9] - 33:19, 149:23, 180:5, 184:19, 193:3, 197:5, 304:3, 306:13, 329:5 additional [15] - 50:6, 99:17, 140:15, 167:8, 167:20, 184:18, 208:23, 226:24, 227:10, 227:16, 238:8, 279:14, 279:16, 342:13, 351:23 address [10] - 28:12, 31:22, 35:24, 36:7, 36:17, 41:20, 209:11, 438:19, 456:10, 456:14 addressed [7] - 6:18, 30:6, 34:8, 39:2, 247:5, 300:4, 430:14 addressing [2] 265:25, 432:20 adds [1] - 153:9 adequate [1] - 41:1 adjourned [1] - 457:5 adjust [3] - 174:1, 185:9, 417:6 adjusted [2] - 168:20, 175:3 adjustment [23] 161:16, 174:7, 175:1, 175:7, 175:11, 176:9, 177:1, 177:2, 177:15, 178:18, 180:6, 185:13, 185:23, 186:9, 416:20, 416:22, 418:8, 418:15, 418:16, 418:17, 420:5, 420:12, 438:15 adjustments [4] 157:2, 186:14, 216:12, 417:17 administer [1] - 6:23 administrative [1] 345:17 admit [1] - 20:3 admitted [3] - 150:2, 154:18, 434:15 ADOLPHO [1] - 2:6 adopt [3] - 65:14, 176:3, 324:23 adopted [3] - 164:25, 175:25, 181:21 adopting [1] - 285:23 advance [2] - 271:20, 331:25 advanced [1] - 416:21 advantage [1] - 24:16 adverse [1] - 44:12 advice [6] - 15:7, 46:21, 46:22, 85:6, 268:4, 305:8 advise [2] - 27:18, 247:18 advised [2] - 227:2, 304:19 advising [1] - 283:3 advisors [1] - 334:12 advocate [3] - 23:20, 271:20, 323:6 AEI [25] - 188:20, 330:2, 330:18, 365:20, 368:11, 368:12, 368:14, 368:15, 368:23, 369:13, 369:20, 369:25, 370:11, 370:19, 370:24, 371:15, 422:11, 422:21, 422:23, 423:3, 424:15, 426:3, 426:5, 427:10, 448:3 AFC [39] - 33:2, 37:18, 41:7, 66:21, 67:13, 68:15, 68:17, 68:19, 69:20, 76:16, 78:9, 85:22, 94:17, 96:11, 103:11, 103:15, 103:20, 121:1, Page 3 to 3 of 54 123:1, 124:8, 124:25, 125:2, 141:20, 143:18, 155:8, 189:2, 217:3, 229:13, 229:16, 251:11, 261:17, 263:16, 288:2, 293:8, 304:10, 306:7, 327:18, 334:8, 359:1 Affairs [1] - 2:7 affect [15] - 17:14, 237:14, 269:15, 288:1, 290:12, 361:6, 363:15, 366:11, 371:15, 373:3, 416:12, 422:4, 436:18, 447:23, 448:7 affecting [3] - 357:13, 429:24, 431:10 affects [3] - 13:13, 19:5, 178:19 affirm [2] - 40:24, 41:2 afraid [2] - 43:14, 408:2 afternoon [2] - 146:4, 194:22 afterwards [1] - 43:1 age [2] - 376:25, 379:10 agent [5] - 15:13, 105:11, 332:5, 333:10, 334:13 Agents [1] - 4:3 agents [13] - 14:20, 15:8, 84:22, 86:18, 305:12, 305:15, 312:8, 313:20, 313:21, 314:7, 332:9, 332:10, 335:15 aggressive [1] - 455:5 agitated [1] - 93:1 ago [5] - 24:2, 55:13, 87:8, 117:12, 417:11 agree [38] - 17:3, 23:19, 34:19, 64:17, 97:25, 200:3, 202:16, 202:19, 205:15, 214:20, 220:14, 246:1, 248:17, 257:13, 271:15, 299:3, 312:2, 314:10, 314:17, 315:9, 337:15, 344:24, 373:21, 374:11, 374:17, 384:18, 384:23, 393:5, Page 3 393:20, 393:25, 394:10, 427:21, 428:8, 433:4, 441:19, 448:22, 456:6, 456:7 agreed [6] - 30:21, 58:10, 230:19, 343:20, 344:4, 433:7 agreement [13] 28:19, 31:2, 31:8, 31:13, 32:4, 36:8, 344:16, 344:20, 344:22, 373:21, 374:10, 433:9, 456:24 agrees [1] - 447:16 ahead [7] - 159:8, 226:19, 227:19, 298:11, 307:11, 376:13, 404:1 air [24] - 13:11, 59:2, 59:4, 73:5, 94:6, 116:8, 116:9, 121:25, 122:24, 204:22, 248:7, 248:9, 248:18, 254:9, 273:16, 318:24, 318:25, 327:20, 328:15, 351:22, 393:10, 393:22, 404:22, 405:6 AKIN [1] - 2:19 Al [2] - 251:20, 319:25 alike [1] - 218:23 allegation [4] - 75:1, 75:2, 229:12, 230:8 allegations [9] 74:10, 79:2, 81:12, 81:19, 81:24, 130:13, 142:5, 229:24, 322:17 alleged [1] - 91:14 allegedly [2] - 94:15, 249:10 allotment [1] - 226:10 allow [3] - 109:19, 248:9, 279:4 allowed [1] - 242:14 allowing [1] - 378:4 alls [1] - 138:23 almost [9] - 77:10, 77:12, 77:16, 92:22, 103:23, 302:1, 304:17, 316:10, 433:16 alone [2] - 23:24, 32:3 alter [3] - 51:7, 96:12, 421:12 altered [2] - 250:17, 06/25/2015 03:43:11 PM 438:17 alternative [7] - 157:4, 158:3, 158:14, 159:11, 177:20, 180:6, 413:23 alternatives [1] 158:4 amazed [1] - 444:6 American [4] - 195:1, 195:5, 195:8, 412:21 Americas [1] - 3:16 AMOONA [3] - 3:12, 97:15, 98:22 amount [12] - 13:2, 40:9, 52:22, 168:9, 175:10, 342:13, 376:10, 377:8, 383:16, 435:5, 435:20, 435:23 amounts [1] - 279:14 ample [1] - 447:8 amplify [1] - 422:22 amplifying [1] 413:10 AMY [1] - 3:18 analog [2] - 221:14, 221:15 analyses [21] 151:14, 152:1, 153:15, 156:21, 156:22, 157:17, 157:21, 157:22, 157:24, 174:22, 204:3, 204:5, 204:6, 206:15, 206:16, 209:13, 346:14, 363:9, 437:1, 441:8, 441:10 Analysis [2] - 155:14, 412:23 analysis [182] - 15:25, 152:5, 152:7, 153:3, 155:14, 156:2, 156:6, 158:22, 158:23, 159:2, 159:15, 160:17, 160:19, 162:15, 162:20, 162:21, 163:19, 164:2, 164:3, 165:8, 165:10, 165:11, 167:25, 172:5, 172:20, 173:6, 173:13, 173:19, 173:20, 175:6, 175:16, 176:25, 177:7, 177:8, 179:10, 179:16, 179:18, 180:24, 180:25, 181:21, 06/25/2015 03:43:11 PM 182:5, 183:12, 183:21, 183:25, 190:21, 191:18, 195:12, 195:14, 195:21, 196:3, 196:19, 197:3, 197:6, 197:23, 198:2, 198:4, 198:13, 198:20, 199:3, 199:4, 199:6, 200:2, 200:10, 203:5, 203:11, 203:18, 203:20, 204:10, 204:11, 204:13, 205:16, 207:1, 207:14, 207:15, 207:16, 207:19, 207:23, 208:14, 208:18, 210:22, 211:8, 211:13, 211:16, 211:18, 212:16, 213:3, 213:24, 214:17, 215:6, 215:11, 215:12, 215:23, 216:7, 218:5, 219:15, 220:25, 222:4, 223:21, 286:2, 286:8, 296:18, 316:12, 316:15, 317:10, 320:6, 348:2, 349:14, 349:16, 349:17, 352:17, 354:14, 359:18, 360:2, 360:11, 360:15, 360:18, 361:2, 361:22, 362:5, 362:7, 363:3, 363:10, 366:4, 366:25, 367:15, 368:2, 368:5, 368:10, 369:19, 369:20, 371:1, 371:5, 371:6, 371:11, 380:10, 380:24, 382:8, 382:13, 382:19, 383:8, 388:8, 395:5, 395:8, 395:14, 399:15, 400:12, 402:11, 412:25, 413:6, 413:8, 413:12, 413:15, 414:17, 415:2, 417:10, 419:5, 420:14, 421:5, 421:7, 429:24, 431:11, 431:14, 431:23, 432:10, 432:23, 433:3, 434:20, 434:21, 436:14, 438:8, 438:11, 441:15, 443:22, 445:18, 446:1, 447:15, 451:3, 451:17, 454:22, 455:7 analytic [1] - 349:1 analytical [1] - 327:6 analyze [6] - 162:19, 327:12, 349:7, 349:9, 418:25, 429:2 analyzed [4] - 349:20, 354:15, 378:14, 413:20 analyzing [1] - 428:18 Anderson [29] - 34:14, 183:18, 186:6, 186:24, 188:4, 216:13, 241:6, 291:23, 292:1, 293:17, 293:22, 293:23, 294:1, 294:6, 296:21, 297:6, 297:13, 297:21, 301:14, 302:21, 303:7, 304:3, 306:5, 340:7, 359:2, 369:3, 369:9, 376:9, 455:10 Anderson's [1] 303:12 ANDREW [1] - 3:22 Angeles [1] - 4:4 announced [4] 263:11, 264:13, 264:21, 265:2 announcing [1] 261:25 anomalies [2] 413:21, 438:20 anomalous [1] 432:20 answer [41] - 10:4, 10:24, 11:3, 11:7, 89:18, 89:21, 99:19, 162:9, 203:13, 203:16, 208:1, 209:9, 211:24, 217:18, 220:6, 223:17, 246:9, 246:10, 265:12, 265:14, 267:24, 268:14, 268:21, 270:1, 270:20, 285:3, 288:4, 295:16, 311:1, 311:7, 341:3, 380:3, 383:13, 385:25, Page 4 to 4 of 54 386:5, 397:7, 423:17, 428:13, 434:18, 436:10, 448:16 answered [1] - 341:2 answering [1] - 436:4 answers [2] - 265:10, 322:3 antitrust [3] - 151:21, 152:6, 153:7 Antitrust [1] - 152:4 anxious [1] - 8:11 anyplace [1] - 453:13 anyway [6] - 96:21, 129:9, 321:13, 343:4, 364:18, 384:12 apart [4] - 10:6, 196:21, 342:9, 351:20 apologize [5] - 262:2, 298:8, 392:4, 399:10, 454:6 apparent [1] - 347:5 appeal [4] - 6:12, 32:22, 271:5, 279:3 APPEAL [1] - 1:8 appear [1] - 355:12 appearances [2] 7:11, 12:12 Appearances [2] 2:25, 3:25 appendix [10] 173:10, 201:12, 203:4, 203:12, 211:19, 211:23, 212:4, 212:13, 419:4, 429:7 Appendix [11] 202:20, 202:25, 212:1, 212:2, 428:15, 428:20, 428:23, 430:7, 430:17, 449:9, 450:8 apples [4] - 178:18, 361:21, 372:25 applicability [2] 221:3, 221:4 applicable [4] - 25:24, 219:13, 311:12, 356:19 application [9] 152:7, 152:13, 153:2, 219:16, 220:3, 221:10, 266:14, 288:1, 288:6 applied [8] - 22:3, 22:23, 35:2, 152:1, 158:7, 184:4, 433:6 applies [5] - 26:15, Page 4 220:22, 324:22, 325:2, 432:19 apply [11] - 21:22, 24:1, 24:20, 26:1, 26:9, 46:14, 151:13, 187:11, 221:16, 233:17, 275:3 applying [2] - 216:2, 219:24 appointed [3] - 284:1, 348:12, 348:17 appreciable [1] 435:12 appreciate [3] - 148:7, 225:19, 314:21 appreciation [1] 314:19 approach [11] - 42:4, 163:15, 163:18, 163:20, 210:3, 348:20, 367:17, 367:20, 438:15, 442:16, 455:18 approached [3] 287:4, 327:3, 329:3 approaches [1] 418:23 appropriate [11] 21:4, 28:9, 29:5, 40:21, 42:13, 200:25, 264:6, 271:3, 374:19, 428:11, 443:24 appropriately [1] 203:9 appropriateness [10] 361:7, 363:16, 366:12, 371:16, 373:4, 416:13, 443:21, 444:1, 447:24, 448:8 approval [2] - 67:12, 147:6 approve [4] - 50:1, 50:25, 116:21, 147:2 approved [7] - 19:10, 51:8, 51:14, 51:15, 51:20, 56:6, 147:2 approximate [1] 376:25 April [1] - 102:14 arbitrarily [1] - 122:24 arbitrators [1] - 27:3 area [6] - 245:11, 279:11, 285:25, 322:8, 322:20, 347:4 areas [3] - 322:19, 346:16, 440:17 arena [2] - 346:5 arguably [1] - 25:24 122 of 172 sheets argued [1] - 188:12 arguing [1] - 456:16 argument [10] - 21:24, 22:2, 31:9, 35:18, 36:25, 37:5, 37:9, 37:10, 41:4, 43:3 arguments [8] - 21:7, 21:10, 30:2, 32:5, 33:10, 38:11, 39:6, 271:23 arises [1] - 27:22 arithmetic [1] - 421:17 Arizona [2] - 76:19, 328:12 arose [1] - 29:17 article [19] - 253:14, 255:16, 255:20, 255:22, 256:1, 256:4, 256:5, 256:6, 256:9, 257:3, 257:6, 257:9, 258:6, 259:17, 259:19, 259:20, 260:3, 260:6, 280:18 Article [1] - 28:4 articles [2] - 280:6, 290:22 articulated [1] - 18:9 as-yet [1] - 222:21 As-yet [1] - 223:8 ascribing [1] - 19:22 aside [3] - 38:11, 171:18, 182:8 aspect [6] - 14:11, 179:25, 196:6, 347:11, 348:21, 358:22 aspects [4] - 204:1, 208:16, 209:10, 347:21 assertion [1] - 268:13 assessment [3] 267:9, 304:12, 304:24 assignment [7] 155:3, 155:5, 155:10, 156:23, 327:3, 347:6, 348:22 Assistant [2] - 152:3, 322:16 assistant [12] - 105:2, 105:4, 105:6, 105:7, 106:3, 106:15, 108:1, 108:3, 108:8, 108:12, 332:21 assisted [2] - 195:11, 347:1 assisting [2] - 67:16, 279:16 Associate [2] - 3:6, 123 of 172 sheets 151:6 associated [3] 154:24, 252:15, 254:17 associates [1] 284:24 association [4] 195:2, 195:5, 195:8, 412:21 Association [3] - 36:9, 36:10, 322:13 ASSOCIATION [4] 3:3, 3:9, 4:8, 5:13 associations [1] 412:19 assume [25] - 10:11, 10:12, 19:12, 19:13, 22:6, 44:8, 97:25, 148:12, 227:11, 236:8, 242:16, 269:11, 269:22, 293:8, 319:11, 364:5, 365:22, 368:18, 369:11, 376:7, 383:23, 386:3, 386:6, 398:15, 399:6 assumed [3] - 364:25, 371:8, 381:17 assumes [2] - 215:24, 218:5 assuming [15] - 29:4, 44:16, 44:20, 98:6, 171:6, 171:7, 174:7, 188:4, 246:25, 247:1, 372:1, 381:7, 381:9, 405:18, 419:18 assumption [19] 39:20, 171:2, 174:19, 183:17, 183:20, 214:5, 216:6, 221:21, 221:22, 290:24, 384:24, 385:20, 391:16, 391:24, 416:10, 419:14, 419:23, 420:15 assumptions [26] 157:4, 157:23, 158:3, 158:15, 159:11, 160:21, 179:22, 180:2, 180:3, 180:4, 180:14, 186:4, 186:5, 186:23, 188:10, 190:20, 190:22, 191:1, 193:22, 193:24, 214:16, 214:18, 368:8, 376:18, 403:2, 421:13 astounding [1] - 13:2 asymptotes [1] 183:8 AT&T [1] - 139:16 attached [1] - 237:18 attacks [1] - 134:20 attempt [2] - 24:14, 24:15 attempted [1] - 24:10 attend [3] - 47:14, 267:7, 335:4 attendant [5] - 122:5, 123:20, 250:10, 276:13, 276:21 attendants [3] 257:10, 258:10, 260:7 attention [30] 101:21, 102:11, 102:17, 104:10, 106:22, 111:7, 112:20, 129:10, 133:21, 139:10, 158:5, 162:10, 192:10, 200:14, 215:18, 253:12, 298:2, 337:6, 353:7, 355:22, 356:14, 356:24, 361:10, 363:19, 373:2, 402:23, 403:1, 445:16, 446:3, 446:24 attitude [1] - 57:22 attorney [4] - 6:21, 267:16, 268:12, 271:15 Attorney [1] - 152:3 attorney-client [2] 267:16, 268:12 Attorneys [4] - 2:10, 2:20, 3:9, 3:21 attracted [1] - 281:24 attributable [1] 422:9 attributes [1] - 423:3 authority [11] - 15:10, 15:11, 22:22, 35:24, 36:7, 305:16, 305:19, 305:21, 305:25, 311:12, 334:17 authorization [2] 96:11, 96:18 authorize [1] - 96:21 authorized [6] - 11:13, 31:22, 40:23, 96:15, 137:5, 275:4 Page 5 to 5 of 54 autograph [2] - 83:7, 83:21 autographed [1] 83:5 autographs [1] 83:22 automatic [1] - 314:23 automatically [2] 226:25, 234:15 availability [1] 392:23 available [10] - 39:25, 40:4, 49:11, 91:8, 190:1, 191:4, 227:8, 327:8, 349:3, 393:3 Avenue [8] - 1:15, 2:3, 2:11, 2:15, 2:21, 3:10, 3:16, 3:21 average [80] - 157:20, 158:24, 160:15, 160:23, 160:25, 163:21, 163:25, 166:18, 174:17, 174:22, 177:22, 197:23, 199:20, 199:24, 200:17, 200:19, 206:1, 213:22, 354:21, 359:18, 361:25, 362:1, 382:1, 382:2, 382:25, 383:20, 387:17, 388:10, 389:1, 389:12, 389:16, 389:18, 389:19, 389:23, 390:2, 390:7, 390:8, 390:9, 390:10, 390:17, 391:19, 403:6, 403:20, 403:23, 403:24, 404:4, 404:5, 404:18, 405:11, 405:20, 405:22, 406:2, 409:21, 410:15, 410:17, 410:20, 414:7, 414:18, 415:7, 416:23, 416:25, 417:20, 417:22, 419:9, 420:1, 420:3, 423:17, 423:18, 423:19, 423:21, 424:6, 424:9, 424:12, 445:18 averages [12] 161:15, 161:23, 163:3, 164:20, 381:25, 382:5, 382:8, 382:9, 424:14 avoid [1] - 6:9 Page 5 award [1] - 152:18 aware [58] - 9:1, 9:9, 9:11, 9:16, 11:14, 13:14, 19:14, 21:12, 22:5, 22:6, 23:11, 23:21, 30:17, 31:19, 35:2, 35:7, 35:16, 36:20, 42:24, 43:2, 66:15, 73:6, 74:9, 78:1, 94:4, 96:20, 96:23, 100:25, 109:3, 109:13, 110:25, 113:13, 113:17, 117:14, 117:16, 118:24, 145:2, 145:6, 147:7, 182:10, 197:5, 238:17, 243:1, 245:22, 246:3, 246:5, 248:2, 248:20, 249:10, 250:9, 257:16, 257:17, 257:18, 273:14, 274:2, 315:18, 325:23, 332:2 awareness [4] - 9:13, 22:1, 274:9, 274:23 axis [1] - 170:1 B baby [1] - 160:18 Bachelor [1] - 346:21 backed [1] - 341:16 background [5] 48:11, 322:5, 346:20, 412:8, 413:4 backup [1] - 80:7 backups [1] - 71:4 backwards [1] 173:16 bad [1] - 44:9 bag [9] - 88:14, 236:14, 236:15, 237:2, 384:7, 384:8, 384:13, 384:19, 384:20 bags [2] - 190:4, 237:3 ball [205] - 12:4, 12:20, 16:22, 17:13, 23:22, 36:19, 36:20, 41:8, 41:9, 49:7, 49:25, 50:8, 50:12, 51:25, 52:1, 52:2, 52:8, 52:20, 52:22, 53:5, 53:10, 53:13, 53:15, 53:16, 53:18, 53:25, 54:6, 54:7, 54:9, 55:3, 55:6, 55:17, 06/25/2015 03:43:11 PM 55:18, 56:5, 56:6, 56:21, 57:2, 57:5, 58:8, 59:5, 59:23, 68:11, 69:10, 70:17, 72:21, 73:19, 75:15, 77:10, 92:13, 93:2, 97:22, 100:18, 100:23, 100:24, 101:3, 101:4, 101:7, 114:1, 114:4, 114:5, 115:1, 116:8, 116:13, 116:19, 116:21, 116:22, 117:7, 119:21, 119:25, 120:2, 120:5, 120:7, 120:8, 120:9, 120:12, 120:17, 120:18, 121:4, 121:8, 121:25, 142:14, 143:3, 145:4, 145:9, 145:19, 147:21, 147:22, 161:17, 168:15, 171:21, 171:25, 172:22, 173:3, 173:4, 190:24, 191:7, 191:8, 191:13, 191:15, 192:4, 192:10, 211:15, 212:19, 213:6, 213:18, 213:24, 214:2, 214:3, 214:4, 214:7, 214:11, 214:22, 214:24, 215:2, 215:6, 217:11, 224:10, 229:21, 233:3, 233:9, 234:5, 236:6, 236:13, 237:7, 237:8, 239:15, 239:20, 239:24, 239:25, 240:4, 240:17, 240:19, 240:20, 246:11, 246:13, 250:4, 254:1, 255:6, 257:15, 257:16, 259:24, 274:18, 282:12, 292:11, 304:10, 314:13, 314:22, 319:22, 320:1, 320:3, 320:9, 328:13, 350:7, 351:7, 356:4, 360:21, 362:24, 362:25, 367:4, 378:8, 381:17, 382:7, 384:9, 384:16, 384:17, 385:5, 385:8, 06/25/2015 03:43:11 PM 385:10, 386:14, 386:18, 386:22, 386:23, 389:3, 398:14, 400:17, 401:1, 402:2, 405:25, 407:1, 407:4, 407:7, 411:2, 416:6, 418:13, 418:14, 422:3, 428:3, 428:4, 428:5, 431:10, 431:15, 439:8 ball-by-ball [1] - 382:7 ball-to-ball [4] 212:19, 213:6, 213:24, 215:6 balloon [1] - 92:13 balls [469] - 12:16, 12:21, 12:24, 13:7, 13:10, 13:11, 16:13, 16:17, 16:20, 17:8, 17:9, 18:17, 18:23, 18:24, 18:25, 19:3, 19:5, 22:20, 24:11, 26:7, 26:16, 34:3, 34:5, 37:22, 48:15, 48:23, 49:5, 49:11, 49:15, 50:3, 50:4, 50:6, 50:18, 50:22, 50:23, 51:2, 51:24, 52:20, 53:9, 55:22, 56:8, 56:10, 56:24, 56:25, 57:10, 58:4, 58:9, 59:1, 59:2, 59:4, 59:8, 59:10, 59:20, 61:8, 62:23, 63:8, 64:1, 64:25, 65:1, 65:16, 67:12, 67:25, 68:3, 68:9, 68:19, 68:25, 69:5, 69:12, 69:25, 70:15, 70:16, 70:24, 71:7, 71:19, 71:23, 71:24, 72:4, 72:5, 72:11, 72:15, 72:25, 73:5, 74:11, 76:22, 76:25, 77:12, 77:13, 77:16, 82:4, 92:20, 93:10, 94:3, 94:6, 95:15, 113:22, 116:12, 117:7, 118:8, 118:18, 119:1, 119:23, 120:4, 121:15, 122:9, 122:22, 123:14, 144:9, 144:10, 144:14, 146:2, 147:2, 147:24, 148:2, 155:8, 159:4, 159:5, 159:12, 159:16, 160:1, 160:3, 160:8, 160:9, 160:10, 161:4, 161:5, 162:22, 162:23, 163:7, 163:12, 163:13, 163:17, 164:3, 164:4, 164:7, 164:8, 164:10, 164:22, 167:14, 167:16, 167:24, 168:4, 168:5, 168:18, 168:21, 169:21, 170:6, 170:12, 170:21, 171:1, 171:2, 171:5, 171:9, 171:11, 171:15, 174:8, 174:9, 174:17, 174:23, 174:25, 175:2, 176:13, 176:14, 176:15, 177:7, 178:13, 178:15, 178:17, 179:4, 179:7, 181:5, 181:7, 182:11, 182:16, 183:14, 183:15, 183:22, 184:1, 184:12, 185:16, 185:18, 187:17, 188:15, 189:7, 189:8, 189:10, 189:15, 190:3, 192:22, 193:2, 193:4, 193:11, 193:13, 197:8, 200:17, 200:18, 205:5, 206:11, 206:12, 211:21, 214:21, 215:4, 215:15, 215:20, 215:25, 216:4, 216:7, 216:9, 216:15, 216:20, 217:3, 217:14, 217:24, 218:2, 218:6, 218:11, 220:16, 221:5, 224:11, 229:7, 230:13, 231:3, 233:1, 233:21, 235:6, 235:12, 235:13, 235:21, 235:24, 236:15, 236:19, 236:21, 236:23, 236:24, 237:1, 238:1, 238:3, 238:9, 238:11, 238:21, 239:11, 240:9, 240:12, 241:5, 246:17, 249:5, 250:10, Page 6 to 6 of 54 253:2, 273:17, 275:20, 276:2, 276:7, 276:11, 276:15, 276:24, 277:20, 278:3, 278:12, 285:18, 287:8, 288:19, 288:25, 289:4, 289:5, 289:9, 290:24, 291:4, 291:24, 292:14, 292:19, 293:2, 293:5, 293:7, 293:10, 293:13, 293:19, 293:23, 293:24, 307:14, 307:20, 308:5, 308:9, 308:17, 309:3, 318:14, 318:15, 318:16, 318:18, 318:19, 318:20, 318:22, 318:23, 319:2, 319:14, 328:1, 328:2, 350:8, 350:22, 350:23, 352:23, 354:19, 354:21, 356:5, 356:8, 356:11, 358:7, 358:24, 359:4, 360:9, 362:4, 362:6, 362:10, 362:11, 362:20, 363:22, 364:8, 364:13, 364:15, 365:10, 365:15, 365:24, 367:5, 367:21, 367:22, 367:23, 367:25, 368:4, 368:9, 368:17, 368:18, 369:4, 369:5, 370:1, 370:3, 370:4, 372:9, 373:24, 374:25, 376:1, 378:5, 378:12, 381:7, 381:10, 382:1, 382:2, 382:3, 382:5, 382:14, 382:15, 382:16, 382:20, 382:21, 383:7, 383:18, 383:20, 384:6, 384:8, 384:10, 384:13, 384:19, 384:20, 384:21, 384:24, 384:25, 385:2, 385:13, 385:14, 386:8, 386:15, 387:1, 387:2, 387:3, 387:6, 387:12, Page 6 387:13, 387:16, 387:17, 387:20, 388:2, 388:4, 388:10, 388:12, 388:18, 388:19, 389:2, 389:9, 389:13, 389:22, 390:3, 390:4, 390:12, 390:22, 390:24, 391:8, 391:9, 391:25, 396:5, 396:11, 396:13, 398:18, 399:16, 399:18, 399:21, 399:23, 400:5, 400:24, 401:7, 401:8, 401:9, 401:12, 401:13, 401:17, 403:7, 403:8, 406:3, 406:7, 406:16, 407:1, 407:8, 407:12, 407:17, 407:18, 414:2, 414:8, 415:24, 416:2, 416:7, 416:8, 417:21, 417:22, 418:1, 418:2, 418:3, 418:9, 418:11, 422:9, 425:17, 432:4, 442:24, 446:23, 447:1, 447:17, 447:19, 447:21, 449:17, 449:24, 449:25, 450:13, 450:16, 450:23, 455:9 band [6] - 405:4, 405:5, 405:8, 405:9, 409:18, 410:2 bands [2] - 387:7, 409:23 bargaining [6] - 28:19, 31:1, 31:8, 31:13, 32:3, 334:14 base [2] - 201:10, 316:6 baseball [2] - 12:7, 56:23 Based [1] - 273:11 based [78] - 19:17, 28:8, 32:25, 41:23, 41:24, 41:25, 42:1, 42:2, 43:13, 46:21, 79:7, 114:21, 139:16, 163:3, 166:17, 208:17, 209:12, 209:13, 209:19, 209:22, 214:9, 215:15, 124 of 172 sheets 220:3, 222:15, 224:1, 224:5, 225:3, 225:9, 226:22, 236:11, 236:18, 242:3, 243:19, 244:19, 246:5, 247:1, 255:13, 256:4, 256:9, 274:4, 274:16, 290:23, 301:12, 303:1, 303:24, 304:12, 308:7, 308:22, 308:23, 319:14, 324:15, 327:8, 327:11, 349:3, 349:5, 352:19, 354:2, 354:6, 354:10, 354:17, 357:24, 358:11, 361:13, 362:5, 362:6, 362:21, 363:4, 391:24, 398:13, 404:17, 410:9, 417:9, 421:13, 435:4, 436:12, 446:5, 447:22, 455:6 bases [1] - 225:12 basic [10] - 33:1, 34:2, 162:22, 167:14, 169:8, 185:22, 201:20, 216:18, 446:12 basis [21] - 8:6, 10:4, 19:16, 20:22, 21:4, 36:23, 37:7, 41:1, 83:14, 127:23, 165:17, 203:22, 218:24, 285:14, 296:5, 334:11, 372:22, 386:9, 387:23, 404:4, 437:13 Basketball [1] 322:17 Bat [1] - 80:2 Bates [3] - 104:12, 222:1, 367:15 bathroom [3] - 34:20, 317:4, 317:6 baton [1] - 150:4 bear [2] - 295:16, 296:9 bearing [1] - 28:14 bears [1] - 279:2 became [6] - 40:4, 117:16, 230:25, 347:5, 413:22, 415:12 Becker [1] - 152:16 125 of 172 sheets become [7] - 43:17, 66:10, 66:15, 74:8, 113:17, 261:20, 261:21 becomes [2] - 168:8, 451:25 BEFORE [1] - 1:19 began [1] - 87:8 begin [2] - 304:25, 406:7 beginning [14] - 8:24, 108:16, 113:20, 159:19, 170:10, 183:24, 290:23, 292:17, 301:17, 383:10, 383:12, 384:2, 387:15, 398:10 begins [3] - 170:8, 182:2, 332:5 behalf [4] - 7:19, 121:20, 333:21, 344:5 behavior [4] - 44:22, 245:21, 357:4, 357:5 belief [3] - 18:2, 162:2, 181:2 believes [1] - 13:24 belonged [1] - 259:9 Belonged [1] - 300:5 Belonging [2] 258:22, 258:24 belonging [1] - 259:5 below [21] - 11:12, 35:21, 40:9, 63:20, 121:12, 166:20, 185:19, 187:19, 238:11, 240:9, 278:17, 316:6, 364:9, 365:16, 376:1, 378:9, 378:13, 400:12, 420:6, 420:16, 425:23 belt [1] - 283:7 bench [1] - 156:10 benchmark [4] 164:11, 166:21, 181:22, 183:13 benefit [1] - 396:9 BENJAMIN [1] - 3:12 Bernie [1] - 322:17 best [18] - 6:19, 21:2, 50:14, 208:8, 208:9, 265:20, 292:4, 292:8, 297:15, 302:22, 303:12, 323:1, 352:20, 353:4, 396:19, 417:18, 448:14 bet [2] - 453:3, 453:4 better [8] - 14:5, 14:7, 43:12, 73:18, 161:8, 170:15, 203:13, 455:17 between [71] - 34:24, 36:9, 59:11, 59:24, 67:14, 73:9, 92:4, 92:7, 104:15, 111:12, 111:25, 112:1, 113:14, 113:22, 120:20, 122:22, 130:4, 130:24, 134:25, 135:15, 139:20, 140:12, 140:20, 159:4, 159:7, 161:3, 163:24, 169:20, 171:12, 181:4, 184:6, 192:25, 197:7, 200:20, 205:4, 206:1, 206:11, 218:2, 225:2, 248:5, 266:7, 323:5, 327:20, 327:25, 328:1, 332:25, 341:4, 354:22, 354:23, 355:14, 356:11, 358:14, 362:2, 365:3, 368:17, 405:10, 407:9, 409:19, 414:8, 418:10, 418:12, 431:19, 432:14, 433:21, 434:24, 440:25, 442:23, 450:15, 450:22, 453:17, 455:17 beyond [8] - 30:9, 81:18, 227:6, 324:25, 325:10, 352:3, 422:7, 422:8 bias [6] - 309:18, 339:19, 339:22, 339:25, 340:5, 340:11 biased [1] - 340:7 big [7] - 12:17, 45:20, 186:9, 269:7, 322:18, 337:21, 435:24 bigger [2] - 162:23, 436:7 biggest [1] - 315:24 bill [1] - 279:11 billed [3] - 279:8, 279:9 billing [1] - 279:19 Bills [1] - 55:1 Page 7 to 7 of 54 bills [8] - 43:21, 111:10, 111:24, 140:14, 140:18, 266:25, 279:16, 338:4 Billy [1] - 322:14 binder [2] - 298:10, 331:18 binding [1] - 46:5 BIRCH [1] - 2:6 Bird [3] - 92:5, 92:6, 92:18 bird [1] - 92:11 bit [18] - 43:7, 53:5, 168:19, 181:2, 216:21, 321:6, 349:13, 395:13, 401:13, 402:2, 410:10, 419:21, 420:13, 435:17, 442:1, 447:18 black [1] - 420:20 Blakeman [3] - 160:2, 292:23, 407:20 blame [1] - 19:22 Blandino [2] - 228:25, 229:2 blessed [1] - 284:23 block [2] - 130:2, 133:22 blown [1] - 93:10 blue [1] - 403:19 board [1] - 284:15 Board [1] - 322:15 Body [1] - 26:3 bolded [3] - 167:5, 169:19, 172:4 bolts [1] - 318:18 book [6] - 59:8, 115:11, 115:18, 119:12, 298:9 books [1] - 395:8 bordering [1] - 321:20 bore [1] - 38:20 boss [1] - 60:20 bottom [23] - 92:2, 94:21, 95:6, 105:17, 111:20, 111:21, 124:23, 129:13, 133:21, 144:25, 158:15, 162:24, 181:24, 183:11, 185:16, 188:16, 190:8, 194:2, 326:25, 333:7, 333:14, 453:3, 453:4 bottom-line [2] 183:11, 194:2 bought [3] - 218:21, 378:18, 379:16 Page 7 bouncing [1] - 316:7 bounty [5] - 26:25, 45:2, 45:16, 46:7, 46:8 Bowl [23] - 71:16, 71:20, 76:3, 76:11, 76:13, 77:3, 77:8, 77:14, 77:24, 79:21, 81:10, 84:21, 111:13, 128:20, 130:15, 133:1, 141:21, 141:23, 142:1, 142:9, 142:19, 142:21, 142:25 Bowls [3] - 47:25, 77:18, 81:5 box [2] - 127:4, 230:18 boy [6] - 36:19, 41:8, 75:15, 78:19, 78:25, 254:1 boys [8] - 54:6, 384:9, 385:5, 385:8, 386:14, 407:1, 407:4, 407:7 Brad [3] - 101:23, 102:1, 324:12 Brady [129] - 6:12, 7:19, 9:1, 10:15, 10:23, 14:4, 14:7, 15:14, 20:22, 21:25, 23:3, 29:2, 29:11, 29:24, 31:6, 31:24, 32:5, 32:13, 35:1, 35:23, 36:10, 36:22, 37:2, 37:10, 37:17, 37:19, 38:7, 38:14, 39:11, 39:15, 39:23, 40:16, 42:10, 42:23, 45:21, 47:4, 47:11, 47:13, 48:14, 50:16, 57:13, 71:9, 86:22, 86:24, 89:17, 91:10, 91:21, 97:12, 100:8, 100:10, 102:6, 104:7, 104:12, 104:13, 105:14, 124:22, 125:3, 126:3, 126:18, 129:13, 129:14, 129:22, 131:10, 131:23, 132:7, 132:18, 134:3, 139:20, 140:12, 140:15, 149:11, 249:9, 250:14, 269:20, 270:7, 270:23, 273:5, 273:7, 273:13, 273:19, 273:22, 06/25/2015 03:43:11 PM 274:2, 274:9, 274:17, 275:7, 275:16, 275:22, 275:25, 276:22, 276:24, 293:6, 304:9, 304:17, 305:3, 305:11, 306:4, 310:20, 311:9, 311:13, 312:15, 313:5, 314:2, 314:6, 316:24, 325:22, 326:2, 326:5, 326:7, 326:10, 326:15, 331:15, 332:1, 332:20, 334:21, 335:8, 335:15, 336:12, 336:20, 336:24, 339:3, 340:25, 341:4, 341:20, 396:15, 400:17, 401:4 BRADY [13] - 1:5, 3:21, 4:3, 4:9, 5:15, 401:3, 401:5, 401:18, 401:21, 401:25, 402:6, 402:14, 402:17 Brady's [17] - 26:12, 32:19, 39:6, 39:18, 43:10, 44:2, 44:9, 48:11, 149:19, 271:5, 279:3, 312:8, 313:15, 313:19, 331:22, 333:10, 337:8 brain [3] - 94:20, 95:5, 144:23 brand [4] - 49:9, 68:23, 69:12, 76:13 brand-new [1] - 68:23 breach [2] - 34:21, 234:4 break [34] - 49:10, 49:14, 49:18, 50:10, 52:20, 53:18, 53:19, 54:4, 54:9, 56:21, 66:24, 67:1, 68:23, 69:21, 70:24, 76:15, 77:9, 88:12, 99:22, 99:25, 148:8, 166:1, 194:15, 247:6, 260:22, 260:23, 294:13, 315:14, 317:3, 317:6, 343:20, 395:18, 395:22 breaking [5] - 56:21, 69:10, 76:12, 76:25, 88:18 06/25/2015 03:43:11 PM breaks [2] - 52:20, 88:16 Brees [1] - 64:11 Brett [1] - 44:23 bricks [1] - 62:24 brief [8] - 28:17, 36:18, 40:2, 43:1, 127:14, 181:1, 260:22, 260:23 briefer [1] - 28:18 briefly [10] - 21:6, 84:18, 143:10, 259:14, 346:19, 358:10, 402:19, 403:4, 413:5, 454:19 briefs [6] - 21:7, 28:13, 456:7, 456:9, 456:15, 456:18 bring [9] - 93:6, 114:22, 119:3, 123:14, 128:18, 172:22, 223:11, 318:16, 346:12 brings [1] - 348:12 broached [1] - 279:21 broad [2] - 36:8, 153:13 broke [6] - 34:13, 54:1, 69:25, 77:12, 120:4, 309:12 broken [2] - 55:16, 309:7 brought [28] - 59:9, 92:16, 93:5, 115:4, 155:6, 160:8, 169:10, 169:11, 170:7, 170:12, 170:21, 171:11, 171:15, 172:23, 184:9, 189:15, 220:23, 221:1, 229:14, 229:19, 233:25, 291:4, 353:1, 387:16, 388:12, 389:4, 389:9, 390:4 brunt [1] - 57:24 brush [1] - 153:13 bucket [2] - 337:21, 352:6 buckets [3] - 332:16, 333:3, 352:5 bud [5] - 79:6, 79:10, 94:24, 95:9, 133:25 Buffalo [1] - 55:1 Building [1] - 2:11 built [1] - 328:20 bullet [6] - 38:12, 163:23, 164:1, 169:9, 169:18, 367:19 bump [3] - 168:12, 174:6, 175:20 bunch [4] - 76:21, 219:7, 328:14, 351:12 burden [2] - 31:10, 41:14 BURLING [1] - 2:10 burns [2] - 333:20, 335:11 BURNS [1] - 3:17 bus [1] - 276:20 business [4] - 16:1, 153:4, 153:25, 447:9 Business [1] - 151:5 buy [1] - 301:19 BY [33] - 1:22, 2:4, 2:12, 2:16, 2:22, 3:4, 3:11, 3:17, 3:22, 4:5, 47:9, 100:6, 139:4, 143:12, 150:12, 194:20, 227:24, 251:7, 255:9, 259:15, 261:7, 321:25, 340:19, 345:7, 373:9, 402:20, 408:4, 411:22, 427:18, 438:3, 439:19, 448:12, 454:20 C C-A-L-I-G-I-U-R-I [1] 345:12 calculate [4] - 420:5, 424:9, 424:11, 424:13 calculated [7] 166:13, 364:11, 365:8, 372:21, 381:23, 418:20, 432:14 calculates [1] - 372:4 calculation [1] 375:13 calculations [5] 365:22, 371:3, 372:1, 375:21, 442:10 calibrated [10] 184:25, 216:20, 218:16, 294:20, 294:24, 302:1, 302:4, 316:10, 353:18, 426:21 calibration [6] 372:16, 372:20, 377:4, 377:6, 377:7, Page 8 to 8 of 54 378:22 California [2] - 4:4, 346:2 Caligiuri [18] - 345:2, 345:11, 345:13, 354:2, 371:14, 373:13, 373:16, 373:19, 373:20, 396:1, 402:22, 413:11, 416:5, 425:2, 425:20, 426:4, 426:11, 429:9 CALIGIURI [2] - 4:14, 5:22 Callendar [2] - 307:5, 307:12 calm [1] - 251:21 camp [2] - 55:12, 75:16 candid [2] - 306:11, 323:11 candidly [1] - 20:3 cannot [4] - 221:11, 242:10, 357:15, 358:9 capable [1] - 355:7 capacity [1] - 323:7 captures [1] - 445:8 cards [2] - 105:19, 106:12 care [4] - 110:5, 276:16, 284:12, 347:18 cared [1] - 147:12 career [7] - 48:1, 51:4, 51:6, 54:6, 58:1, 119:20, 151:11 careful [4] - 165:15, 241:19, 252:8, 349:24 carefully [4] - 184:23, 263:6, 349:18, 444:14 Carnegie [1] - 412:11 Carolina [2] - 246:13, 259:25 carried [3] - 189:11, 407:4, 419:17 case [44] - 8:16, 11:3, 24:4, 29:18, 36:6, 36:7, 36:18, 44:18, 46:8, 71:4, 97:13, 169:1, 174:4, 174:6, 174:12, 176:8, 178:9, 178:11, 187:25, 200:7, 218:14, 242:5, 242:7, 247:11, 270:4, 290:20, 290:23, 301:17, Page 8 303:17, 304:5, 317:20, 317:23, 321:16, 323:20, 342:10, 352:10, 381:1, 383:22, 383:23, 395:11, 417:18, 434:12, 437:8, 441:11 Case [6] - 176:10, 176:11, 221:24, 417:24, 420:5, 420:11 caselaw [1] - 46:21 cases [24] - 27:1, 36:5, 45:23, 154:21, 154:24, 167:7, 174:4, 188:7, 196:5, 196:6, 196:10, 196:14, 208:22, 245:6, 317:14, 322:24, 324:22, 325:2, 381:1, 381:3, 417:17, 433:24, 434:6, 437:1 cash [1] - 136:4 catch [1] - 54:5 caught [2] - 249:2, 324:18 caused [6] - 34:11, 328:5, 328:13, 329:16, 350:25, 355:14 causes [12] - 17:1, 373:23, 388:1, 388:14, 388:21, 389:6, 389:10, 389:24, 390:6, 390:21, 392:20, 408:21 causing [2] - 355:2, 396:6 caution [1] - 157:7 cautious [1] - 435:6 Cave [1] - 80:2 CBA [7] - 9:21, 28:3, 29:1, 29:8, 31:21, 36:1, 40:23 celebrity [1] - 43:11 cell [14] - 87:2, 87:5, 87:10, 87:11, 87:15, 87:17, 87:18, 87:25, 88:4, 89:10, 103:6, 109:19, 305:21, 337:10 centered [1] - 76:24 central [1] - 445:8 CERN [2] - 441:3, 453:2 certain [10] - 22:15, 40:9, 49:5, 104:25, 126 of 172 sheets 110:12, 205:10, 214:16, 315:6, 315:12, 436:20 certainly [20] - 15:17, 35:6, 36:22, 39:22, 41:3, 42:9, 99:19, 121:12, 144:12, 194:9, 215:3, 266:5, 272:25, 374:3, 378:24, 407:21, 407:23, 420:22, 437:6 certainty [4] - 40:22, 316:16, 317:16, 317:18 certified [1] - 334:12 Certified [1] - 457:13 certify [1] - 457:8 cetera [1] - 250:24 chain [2] - 18:14, 335:18 chair [4] - 295:17, 440:10, 440:12, 440:14 challenging [2] 222:18, 223:4 championship [4] 13:6, 114:10, 115:5, 115:8 Championship [42] 33:3, 37:18, 41:7, 66:21, 67:13, 68:15, 68:17, 68:19, 69:20, 76:17, 78:10, 85:23, 94:17, 96:11, 103:12, 103:15, 103:20, 121:1, 123:1, 124:8, 124:25, 125:2, 125:22, 141:21, 143:18, 146:1, 155:8, 189:3, 217:4, 229:13, 229:16, 251:11, 261:17, 263:17, 288:3, 293:8, 296:19, 304:11, 306:8, 327:18, 334:8, 359:1 chance [19] - 11:17, 61:23, 76:21, 165:6, 167:10, 167:22, 207:21, 208:24, 208:25, 210:9, 210:16, 222:8, 222:9, 222:10, 287:11, 287:14, 328:3, 328:5, 421:6 change [37] - 9:18, 17:20, 34:2, 46:17, 51:13, 64:4, 64:6, 127 of 172 sheets 64:22, 65:15, 88:21, 88:24, 96:12, 97:19, 114:1, 114:4, 146:8, 146:19, 151:22, 158:4, 158:15, 161:15, 169:13, 174:22, 201:19, 266:15, 269:21, 288:9, 330:25, 351:6, 351:15, 352:13, 364:21, 370:13, 375:6, 381:17, 425:11 changed [6] - 89:4, 89:7, 145:25, 331:8, 401:6, 401:16 changes [1] - 356:21 changing [1] - 382:6 characterization [3] 199:6, 202:7, 204:7 characterize [1] 199:10 characterized [3] 255:21, 256:2, 423:1 characters [1] 351:24 charged [1] - 228:12 Chart [1] - 398:25 chart [1] - 409:24 charts [1] - 392:7 check [5] - 33:20, 98:2, 215:10, 283:22, 319:10 checked [6] - 35:10, 92:20, 121:24, 132:7, 157:7, 401:1 chemistry [1] - 330:15 Chicago [4] - 16:1, 150:24, 151:1, 152:15 chief [1] - 99:7 chips [1] - 153:20 choice [1] - 432:25 choose [2] - 49:22, 71:7 choosing [1] - 50:17 chose [4] - 52:18, 429:6, 429:10, 432:22 chosen [4] - 119:16, 119:17, 162:7, 165:8 Circuit [1] - 21:19 circumspection [1] 435:17 circumstances [3] 30:22, 357:23, 405:14 circumstantial [1] 32:23 cite [3] - 250:13, 275:14, 275:16 cited [5] - 9:23, 15:12, 22:22, 250:19, 311:22 cites [1] - 78:5 citing [1] - 426:8 citizens [1] - 20:24 civil [5] - 31:11, 324:22, 325:3, 433:24, 434:12 claim [8] - 205:17, 285:19, 416:20, 417:5, 418:17, 425:24, 449:7, 450:6 claimed [1] - 418:7 claims [3] - 91:21, 249:20, 445:22 clarification [1] 299:2 clarify [1] - 261:18 clarifying [1] - 264:20 clarity [1] - 290:4 Clark [1] - 152:17 class [2] - 281:9, 444:9 classes [1] - 152:12 clear [44] - 7:6, 11:5, 12:6, 22:12, 26:16, 27:23, 37:15, 41:22, 51:5, 56:17, 61:12, 72:8, 74:20, 96:9, 122:19, 125:20, 137:22, 177:5, 208:4, 221:15, 226:20, 233:14, 241:14, 241:15, 241:21, 242:1, 244:13, 280:7, 289:24, 304:16, 314:6, 314:8, 325:1, 325:10, 326:1, 336:17, 336:20, 348:19, 397:16, 399:9, 421:1, 445:8, 445:25, 446:15 clearer [2] - 413:22, 415:12 clearest [1] - 444:20 clearly [9] - 22:23, 31:2, 34:21, 35:11, 218:21, 271:9, 302:19, 445:2 Clete [2] - 251:24, 407:20 client [14] - 266:11, 266:16, 266:21, 267:15, 267:16, 268:12, 271:12, 271:16, 271:21, 284:8, 323:6, Page 9 to 9 of 54 333:21, 334:7 clients [1] - 345:23 clock [3] - 415:20, 416:9, 416:11 close [9] - 131:5, 165:19, 165:23, 166:2, 218:15, 280:11, 302:2, 418:23 closed [1] - 395:7 closer [1] - 425:19 closes [1] - 21:10 cloud [2] - 312:20, 339:7 CLR [1] - 1:23 club [11] - 22:11, 22:23, 22:24, 22:25, 23:14, 24:5, 99:7, 120:21, 120:23, 252:21 clubhouse [1] 288:24 clubs [3] - 46:9, 46:16, 250:23 Clubs [1] - 98:14 co [5] - 152:16, 261:16, 261:19, 262:18, 310:3 co-lead [3] - 261:16, 261:19, 310:3 co-taught [1] - 152:16 coach [2] - 53:4, 332:21 Coach [6] - 142:13, 142:17, 143:2, 322:17, 326:6, 326:8 coaches [5] - 22:11, 22:25, 80:6, 99:8, 122:13 coefficient [2] - 425:7, 425:9 cold [8] - 16:18, 23:22, 234:16, 238:15, 257:8, 291:5, 292:19, 314:23 colder [2] - 169:11, 178:16 colleague [3] 155:12, 270:3, 413:11 colleagues [6] 29:21, 89:19, 89:22, 264:19, 264:25, 269:24 collect [5] - 19:12, 151:13, 314:12, 314:15, 323:2 collected [11] 151:22, 151:24, 152:24, 157:14, Page 9 189:2, 219:7, 327:12, 350:1, 358:20, 358:21, 380:4 collection [1] - 153:2 collective [8] - 28:19, 31:1, 31:7, 31:13, 32:3, 291:21, 324:14, 334:14 college [2] - 47:14, 53:4 Collider [1] - 441:3 Colts [66] - 66:22, 116:16, 160:15, 160:25, 161:17, 161:23, 168:16, 180:10, 189:25, 200:20, 229:18, 229:23, 230:8, 235:12, 236:3, 236:7, 236:20, 239:19, 239:24, 239:25, 240:4, 240:12, 240:17, 287:9, 293:12, 293:15, 293:21, 294:1, 294:2, 294:4, 294:7, 295:4, 295:7, 295:25, 296:3, 297:9, 310:17, 318:21, 320:4, 350:24, 351:1, 354:23, 356:6, 356:11, 358:15, 364:15, 368:7, 375:12, 376:3, 376:8, 381:17, 382:5, 383:5, 403:19, 403:21, 419:10, 419:15, 420:2, 424:7, 424:13, 437:5, 438:24, 439:1, 439:3 Colts' [110] - 16:19, 18:23, 18:24, 33:5, 144:9, 159:5, 160:3, 160:9, 161:4, 162:23, 163:7, 163:13, 163:17, 164:3, 164:8, 164:10, 164:22, 167:14, 167:16, 167:24, 168:5, 168:18, 169:21, 171:2, 171:5, 171:21, 172:22, 174:8, 174:17, 174:23, 176:14, 176:23, 178:16, 179:7, 181:4, 06/25/2015 03:43:11 PM 182:11, 182:16, 189:8, 190:24, 191:10, 192:21, 193:4, 197:7, 200:18, 205:5, 206:11, 215:14, 224:9, 224:11, 236:24, 240:9, 240:18, 240:20, 289:4, 318:14, 318:15, 318:19, 318:20, 328:2, 350:23, 354:20, 358:7, 358:24, 362:6, 362:9, 362:11, 364:12, 367:21, 367:22, 367:25, 368:4, 368:9, 368:17, 369:5, 370:3, 373:24, 376:15, 381:7, 381:10, 382:1, 382:2, 382:14, 382:20, 383:7, 383:18, 383:20, 384:25, 386:8, 387:3, 387:13, 387:20, 391:9, 403:8, 409:13, 414:8, 416:1, 417:20, 418:1, 418:2, 418:3, 419:18, 420:2, 423:24, 434:25, 438:17, 442:23, 449:25, 450:15, 450:22 Columbia [12] - 280:9, 280:10, 280:13, 280:14, 280:20, 280:25, 281:1, 281:2, 281:14, 281:22, 282:18, 347:20 Columbia's [2] 280:17, 281:7 column [7] - 160:23, 160:24, 161:1, 161:21, 330:7, 330:8 combination [4] 8:18, 192:7, 194:7, 358:3 combinations [2] 368:24, 369:16 combine [1] - 317:5 comfort [2] - 49:7, 317:10 comfortable [3] 194:10, 316:18, 317:7 06/25/2015 03:43:11 PM coming [3] - 79:2, 172:11, 293:7 comment [7] - 60:6, 248:23, 249:7, 249:13, 269:11, 399:1, 426:7 commentary [6] 181:1, 371:22, 422:10, 422:15, 427:11, 448:6 comments [9] - 60:9, 265:17, 267:25, 268:16, 268:18, 269:5, 269:14, 413:10, 417:8 COMMISSIONER [142] - 1:19, 6:5, 7:8, 7:18, 48:13, 49:16, 52:23, 54:12, 54:15, 54:18, 56:1, 56:9, 59:13, 59:17, 60:14, 60:18, 60:21, 60:24, 61:12, 61:15, 62:6, 62:9, 65:18, 65:21, 65:24, 66:2, 67:1, 68:15, 69:13, 69:16, 69:19, 70:4, 70:13, 70:19, 70:22, 71:1, 71:8, 71:12, 71:14, 72:8, 74:20, 80:11, 80:15, 88:7, 88:17, 88:23, 89:2, 89:14, 99:21, 99:24, 109:21, 117:3, 117:6, 117:9, 117:13, 117:16, 117:22, 117:25, 122:19, 124:18, 125:20, 128:1, 133:10, 133:16, 136:13, 136:19, 137:11, 137:14, 137:16, 145:24, 146:4, 146:7, 146:10, 146:14, 146:16, 146:18, 146:22, 146:25, 147:5, 147:10, 147:15, 147:23, 148:4, 148:6, 148:10, 148:14, 148:18, 149:1, 155:17, 155:23, 156:4, 168:7, 168:14, 168:23, 170:9, 170:14, 170:17, 170:22, 177:5, 178:1, 180:1, 180:11, 180:13, 180:17, 180:20, 189:21, 192:11, 194:18, 221:25, 225:19, 226:6, 227:19, 230:3, 230:6, 233:13, 252:2, 256:23, 257:1, 260:20, 277:15, 386:4, 396:7, 397:11, 398:3, 398:6, 399:8, 400:16, 400:20, 400:25, 401:15, 401:19, 401:22, 402:1, 402:12, 402:15, 404:1, 436:9, 439:14, 454:1, 454:4, 454:15, 457:4 Commissioner [54] 2:5, 7:17, 22:14, 25:16, 28:19, 33:9, 40:6, 40:13, 40:20, 42:3, 45:5, 46:7, 48:12, 48:19, 48:23, 52:6, 55:25, 56:3, 62:8, 66:23, 77:1, 77:7, 78:24, 80:1, 83:9, 89:8, 90:16, 91:20, 97:17, 99:8, 99:17, 99:20, 105:12, 111:6, 145:23, 149:8, 155:22, 158:20, 168:11, 194:12, 225:21, 226:16, 228:23, 229:8, 243:17, 309:22, 309:25, 337:5, 343:7, 392:17, 395:16, 456:7, 456:9, 456:20 Commissioner's [3] 171:18, 259:18, 396:9 committee [5] - 65:12, 65:14, 66:5, 97:18, 97:23 common [6] - 165:2, 165:3, 181:10, 181:11, 433:13, 449:1 communicate [2] 133:6, 146:19 communicated [4] 39:11, 125:11, 125:15, 332:2 communicating [2] 62:18, 130:18 Communications [1] 124:25 Page 10 to 10 of 54 communications [13] - 8:15, 84:19, 90:20, 109:7, 265:11, 266:6, 266:12, 268:11, 276:5, 332:4, 332:19, 332:24, 333:22 community [1] 154:15 company [4] - 89:12, 307:8, 345:20, 345:22 company's [1] 345:18 comparable [2] 44:22, 45:8 compare [4] - 292:23, 374:20, 382:4, 419:8 compared [17] 159:5, 160:24, 161:24, 163:5, 163:9, 172:12, 178:16, 182:11, 185:16, 193:14, 224:7, 234:16, 361:25, 379:10, 382:9, 382:20, 422:1 compares [1] - 372:5 comparing [7] 163:16, 362:18, 372:25, 374:15, 394:4, 403:2, 403:23 comparison [5] 182:22, 183:25, 184:17, 361:21, 419:24 compelled [4] - 8:3, 8:13, 8:24, 10:19 compensated [1] 270:16 compensation [1] 196:22 competition [5] 65:12, 65:14, 66:5, 97:18, 97:23 competitive [6] 24:15, 25:20, 46:15, 250:18, 272:5, 311:22 Competitive [4] 24:24, 98:17, 98:24, 99:10 complained [2] 12:19, 118:21 completely [3] - 11:7, 169:9, 430:25 complex [1] - 427:20 compliance [4] 238:3, 238:10, 240:19, 240:22 Page 10 component [2] 199:10, 413:2 components [1] 199:2 composed [1] 134:22 computer [1] - 153:19 computers [2] 128:18, 149:19 conceal [2] - 85:18, 141:17 concede [2] - 221:9, 451:2 conceding [4] - 159:6, 222:16, 361:15, 446:6 conceived [1] - 428:18 concept [3] - 164:16, 213:12, 288:8 concern [7] - 11:25, 35:3, 79:4, 135:13, 136:14, 144:12, 178:12 concerned [6] - 12:10, 136:5, 136:24, 142:4, 282:18, 282:25 concerning [1] 310:16 concerns [9] - 135:23, 136:22, 136:25, 137:25, 138:18, 144:1, 145:18, 335:2 conclude [15] - 10:14, 11:19, 36:13, 42:10, 46:23, 167:11, 181:14, 203:22, 242:25, 292:7, 308:3, 343:9, 363:3, 393:3, 431:2 concluded [15] 273:18, 275:11, 285:13, 291:17, 303:11, 306:16, 354:16, 357:9, 360:5, 361:2, 361:23, 363:6, 369:22, 370:15, 406:10 conclusion [44] 8:25, 17:22, 29:5, 30:20, 34:3, 34:5, 38:5, 158:9, 167:1, 167:23, 182:23, 183:11, 185:15, 188:14, 188:18, 188:20, 188:21, 188:22, 188:23, 188:24, 210:5, 215:23, 220:1, 128 of 172 sheets 222:18, 223:3, 223:6, 223:22, 225:15, 238:7, 286:1, 309:4, 323:17, 354:11, 362:8, 363:13, 366:9, 369:17, 370:17, 371:25, 388:15, 388:18, 390:21, 392:24, 421:15 conclusions [71] 8:18, 8:19, 8:23, 32:24, 41:23, 66:8, 159:8, 159:9, 165:12, 165:17, 166:4, 167:5, 176:6, 178:8, 181:23, 182:4, 189:1, 190:14, 190:19, 194:8, 201:11, 207:23, 208:14, 209:21, 210:4, 211:17, 222:14, 225:6, 267:4, 268:9, 269:17, 285:6, 285:9, 285:14, 285:15, 304:5, 316:12, 317:24, 317:25, 325:6, 326:14, 331:1, 331:8, 354:3, 354:5, 354:10, 355:9, 355:23, 356:13, 356:16, 356:25, 357:18, 358:11, 361:8, 361:13, 363:17, 366:13, 367:11, 371:17, 373:5, 416:14, 427:12, 444:15, 444:22, 444:25, 445:1, 446:5, 447:25, 448:9 condition [1] - 120:5 conditioner [4] - 53:3, 53:17, 54:9, 55:3 conditions [8] 182:13, 352:22, 353:4, 357:23, 359:5, 366:23, 422:3, 439:8 conduct [31] - 9:6, 9:24, 25:6, 29:3, 29:11, 29:16, 31:14, 31:18, 32:2, 32:8, 32:20, 33:15, 35:24, 36:4, 36:12, 36:13, 38:15, 42:11, 42:18, 42:20, 42:24, 46:14, 129 of 172 sheets 201:5, 202:4, 248:13, 263:14, 305:25, 322:7, 326:16 Conduct [3] - 9:22, 22:16, 25:4 conducted [16] 23:13, 29:3, 30:24, 101:10, 157:24, 197:9, 204:15, 209:12, 244:13, 255:3, 263:19, 264:3, 272:3, 309:19, 327:11, 358:23 conducting [6] 264:9, 270:17, 272:9, 322:6, 338:20, 357:1 confer [2] - 6:24, 342:18 conference [3] 142:14, 142:24, 309:17 confession [1] - 95:19 confidential [3] 280:16, 280:23, 344:17 confidentiality [3] 282:23, 344:2, 344:3 confirm [1] - 304:3 confirmed [1] - 306:18 confirming [1] - 334:9 confirms [1] - 332:11 conflating [1] - 32:6 conflict [1] - 323:5 confused [3] - 300:15, 325:15, 402:9 confusion [7] 241:10, 402:24, 403:15, 442:18, 445:23, 449:12, 449:15 connect [1] - 420:22 Connecticut [1] - 3:21 connection [19] 85:22, 104:9, 110:13, 110:17, 196:18, 196:22, 197:1, 197:2, 198:19, 203:4, 261:16, 279:23, 309:22, 310:2, 310:22, 311:4, 312:24, 347:23, 366:18 connects [1] - 154:14 conscious [1] 283:14 consensus [1] - 455:16 conservative [1] 455:18 consider [20] - 31:6, 32:16, 37:13, 38:3, 40:15, 177:20, 180:6, 183:16, 191:3, 207:11, 267:15, 280:2, 330:1, 344:14, 348:11, 366:17, 368:4, 377:1, 377:3, 423:25 consideration [2] 14:2, 416:15 considered [14] 30:3, 30:6, 30:13, 33:11, 33:25, 180:9, 182:21, 192:18, 207:12, 315:18, 333:24, 335:12, 367:8, 374:3 considering [3] 31:25, 32:15, 180:5 consist [1] - 8:12 consisted [1] - 199:2 consistency [5] 27:7, 27:9, 27:12, 46:24, 117:1 consistent [21] 26:24, 27:3, 41:4, 41:13, 44:1, 45:17, 147:24, 157:9, 188:11, 249:11, 294:9, 301:24, 302:24, 370:17, 375:22, 375:23, 403:13, 404:5, 420:8, 426:22, 431:20 consistently [12] 162:4, 186:15, 187:12, 216:2, 220:11, 294:25, 316:8, 355:13, 355:17, 355:21, 367:5, 446:21 consolidate [1] 395:18 constantly [1] - 43:14 constituents [1] 440:25 constituted [1] 155:16 Constitution [1] - 28:5 constrained [1] 386:13 consult [2] - 456:6, 456:23 consultancy [1] Page 11 to 11 of 54 155:18 consultant [2] - 103:4, 283:5 consulted [2] 156:12, 156:14 consulting [8] 152:11, 153:12, 156:19, 195:14, 195:17, 195:20, 281:25, 345:22 consumer [1] - 346:15 contact [8] - 51:2, 90:24, 122:17, 131:5, 131:6, 280:23, 281:16, 313:5 contacted [2] 280:17, 281:12 contacts [2] - 37:20, 91:2 contain [2] - 320:22, 455:22 contained [1] - 330:13 contains [1] - 34:9 contemporaneously [1] - 306:23 content [11] - 90:18, 107:17, 110:18, 110:22, 112:8, 112:13, 112:17, 338:2, 338:5, 338:7, 338:8 contents [1] - 269:4 context [22] - 8:13, 10:19, 32:16, 39:13, 40:17, 41:6, 41:11, 52:7, 61:23, 62:14, 92:25, 121:5, 121:11, 135:14, 138:21, 163:22, 277:2, 428:11, 434:20, 436:3, 436:23, 438:9 continue [7] - 66:24, 66:25, 181:23, 226:19, 321:22, 402:2, 449:13 continued [5] - 2:25, 3:1, 3:25, 4:1, 181:19 continues [2] 164:13, 164:14 continuing [1] 372:13 continuously [4] 397:18, 398:1, 398:4, 398:5 contract [4] - 28:4, 36:1, 36:3, 334:12 contracts [1] - 90:21 Page 11 contrast [3] - 181:6, 181:7, 239:19 contribute [1] 356:20 contributing [5] 348:3, 350:10, 357:14, 362:9, 370:14 contributions [1] 355:24 control [14] - 164:4, 164:5, 164:12, 164:21, 167:15, 167:16, 167:17, 167:18, 178:12, 189:9, 192:24, 193:5, 367:22, 368:8 controlled [1] - 190:10 controls [4] - 167:24, 367:22, 367:25, 368:5 conversation [8] 63:13, 78:11, 78:15, 79:8, 118:16, 264:2, 275:22, 275:23 conversations [8] 76:4, 76:8, 76:14, 76:24, 81:19, 124:7, 130:24, 131:4 converse [1] - 388:22 conversion [14] 185:3, 185:21, 185:23, 185:25, 186:1, 186:8, 186:17, 187:7, 187:11, 219:25, 220:11, 221:20, 372:8, 375:16 conversions [1] 185:14 convert [8] - 184:24, 185:8, 185:25, 372:12, 372:15, 372:25, 375:14, 375:16 converted [2] 185:24, 372:21 convince [1] - 41:12 convincing [3] - 7:22, 325:2, 325:10 cooling [1] - 428:5 cooperate [10] 14:14, 37:1, 37:8, 37:11, 38:21, 44:25, 45:4, 86:17, 312:5, 312:16 cooperated [2] 39:23, 39:24 cooperating [2] 338:14, 341:25 06/25/2015 03:43:11 PM cooperation [7] 15:15, 44:14, 44:16, 44:21, 45:11, 45:14, 45:18 cooperative [1] 341:5 copies [4] - 100:16, 138:12, 138:15, 225:24 copy [12] - 64:19, 98:12, 98:19, 98:23, 115:18, 124:12, 124:13, 139:6, 198:23, 262:23, 262:24, 350:13 core [11] - 162:20, 204:10, 204:13, 207:14, 207:15, 207:20, 211:25, 212:2, 275:15, 286:18, 345:18 corporate [1] - 346:1 correct [304] - 6:10, 12:13, 23:5, 27:18, 46:18, 71:20, 73:17, 73:23, 86:3, 87:19, 93:20, 101:17, 101:19, 102:6, 102:9, 102:21, 102:24, 103:12, 103:17, 103:21, 104:1, 106:4, 106:8, 106:20, 107:2, 107:12, 107:13, 107:19, 107:25, 108:4, 108:13, 108:18, 108:22, 110:14, 110:23, 110:24, 112:2, 113:15, 114:1, 114:9, 118:5, 118:12, 119:14, 121:4, 121:9, 121:15, 121:18, 123:3, 128:12, 136:10, 138:13, 139:23, 139:25, 140:24, 143:19, 145:15, 166:25, 183:2, 187:6, 195:9, 195:10, 195:12, 195:18, 195:22, 195:25, 196:19, 196:23, 197:10, 197:16, 197:24, 197:25, 198:13, 202:21, 202:25, 204:23, 207:16, 207:18, 214:3, 214:15, 214:24, 06/25/2015 03:43:11 PM 215:2, 216:9, 216:25, 217:25, 218:3, 218:4, 220:4, 221:13, 221:17, 221:18, 222:5, 222:11, 224:2, 224:16, 226:13, 228:20, 229:8, 229:9, 234:3, 234:8, 234:21, 234:25, 235:3, 235:7, 235:15, 235:22, 236:8, 236:9, 236:12, 237:15, 238:12, 238:17, 239:4, 239:7, 239:8, 239:12, 239:13, 239:22, 239:23, 240:2, 240:3, 240:9, 240:10, 241:1, 241:2, 241:7, 241:8, 242:7, 245:9, 250:22, 250:25, 251:1, 256:6, 256:13, 256:16, 256:17, 257:5, 257:12, 258:5, 258:13, 258:21, 260:5, 263:7, 263:24, 264:4, 264:7, 269:23, 270:5, 270:8, 271:10, 272:10, 272:11, 273:3, 273:21, 274:18, 274:25, 276:6, 277:3, 277:6, 285:10, 285:11, 285:20, 285:21, 286:9, 286:11, 288:19, 288:25, 289:1, 289:6, 289:7, 289:11, 289:21, 289:23, 290:15, 292:2, 292:5, 292:6, 295:24, 295:25, 296:1, 296:8, 296:25, 297:8, 297:10, 297:11, 297:14, 297:17, 299:18, 300:18, 301:12, 302:7, 303:13, 303:25, 304:5, 306:16, 307:21, 307:22, 307:24, 309:19, 309:20, 309:23, 313:8, 313:9, 315:3, 315:7, 315:13, 319:18, 320:23, 321:13, 323:16, 333:12, 339:13, 340:22, 341:8, 341:12, 341:20, 341:21, 341:23, 342:21, 351:24, 351:25, 359:2, 359:3, 359:7, 359:9, 359:10, 359:13, 359:14, 361:23, 362:12, 364:12, 364:21, 366:8, 367:12, 367:13, 375:3, 376:17, 376:19, 376:20, 378:17, 380:8, 387:4, 390:19, 392:8, 392:10, 392:11, 392:15, 394:15, 395:6, 396:3, 396:13, 396:18, 396:22, 398:11, 398:16, 399:20, 400:23, 404:15, 405:12, 405:13, 406:12, 408:18, 408:21, 409:4, 410:14, 413:25, 414:11, 414:14, 428:8, 428:16, 428:20, 429:1, 429:8, 429:11, 429:25, 430:1, 430:2, 430:18, 430:24, 431:4, 431:16, 432:6, 432:18, 432:25, 433:4, 433:17, 434:3, 434:4, 435:25, 445:1, 448:21, 450:5, 450:23, 450:24, 451:3, 452:8, 452:9, 452:13, 452:14, 455:2, 455:11, 457:9 corrected [2] - 308:15, 447:10 correcting [2] - 157:3, 220:12 correction [4] 187:15, 216:3, 447:13, 447:14 correctly [8] - 159:15, 183:21, 220:10, 241:12, 256:2, 263:7, 373:14, 401:24 correspond [2] 171:20, 417:21 correspondence [1] - Page 12 to 12 of 54 226:16 Cortez [1] - 24:5 cost [1] - 342:5 costless [1] - 87:4 COUNCIL [4] - 2:15, 2:20, 4:13, 5:20 counsel [20] - 7:5, 11:1, 29:25, 86:19, 104:9, 110:7, 110:13, 110:21, 111:1, 140:10, 140:23, 256:3, 270:18, 321:1, 321:7, 321:11, 331:23, 395:9, 395:12 Counsel [4] - 2:17, 3:5, 3:6, 266:7 counsel's [1] - 410:5 count [3] - 196:5, 196:11, 226:8 counted [1] - 196:16 counterintuitive [1] 360:17 country [1] - 16:3 couple [11] - 124:9, 133:4, 145:24, 222:12, 261:24, 293:25, 318:4, 352:24, 416:24, 418:6, 444:17 course [16] - 9:19, 49:13, 57:7, 57:13, 129:23, 134:22, 152:21, 152:22, 152:25, 153:11, 154:3, 154:17, 156:13, 157:2, 443:15, 454:14 Court [1] - 434:13 court [7] - 6:6, 7:6, 211:6, 284:1, 284:3, 348:12, 348:17 court-appointed [3] 284:1, 348:12, 348:17 cover [3] - 98:10, 98:11, 168:10 covered [4] - 94:9, 94:12, 151:18, 163:23 covering [2] - 91:20, 289:17 covers [1] - 89:9 COVINGTON [1] 2:10 Crawford [1] - 440:3 create [2] - 12:12, 55:18 created [1] - 403:10 Page 12 creative [1] - 26:8 credibility [6] - 13:24, 304:13, 304:20, 304:25, 338:17, 339:7 credible [2] - 13:16, 242:25 credit [2] - 190:7, 338:24 Cremieux [1] - 155:13 criminal [3] - 31:10, 151:21, 151:22 critical [5] - 37:3, 37:13, 39:9, 185:19, 187:18 critically [1] - 175:22 criticism [36] - 198:1, 198:6, 198:12, 203:8, 219:16, 221:16, 221:24, 324:18, 359:17, 359:21, 359:24, 361:6, 361:11, 361:18, 363:14, 363:20, 363:25, 366:10, 368:21, 370:23, 371:13, 374:11, 380:24, 381:19, 414:16, 414:21, 414:22, 416:15, 445:17, 445:21, 446:4, 446:9, 446:25, 447:5, 449:7, 455:19 criticisms [6] 359:12, 368:15, 414:14, 422:11, 445:14, 447:22 criticizing [1] - 330:24 CROSS [7] - 100:6, 194:20, 251:7, 321:25, 373:9, 427:18, 448:12 cross [11] - 20:11, 20:17, 165:9, 165:19, 194:16, 270:7, 270:17, 270:22, 343:8, 343:17 Cross [2] - 5:14, 5:21 CROSSEXAMINATION [7] 100:6, 194:20, 251:7, 321:25, 373:9, 427:18, 448:12 cross-examination [4] - 20:11, 20:17, 270:17, 343:17 cross-examine [1] - 130 of 172 sheets 343:8 cross-examining [3] 270:7, 270:22 crossed [1] - 115:9 CRR [2] - 1:23, 457:12 crunching [1] - 185:12 CRUTCHER [1] - 3:20 cubic [1] - 393:22 current [5] - 150:17, 228:4, 261:12, 440:2, 440:7 curve [16] - 171:24, 172:1, 182:19, 182:20, 183:5, 183:7, 352:14, 372:20, 372:21, 382:10, 382:12, 403:5, 404:19, 405:11, 405:20, 409:20 curves [4] - 198:10, 225:4, 417:19, 445:4 custody [1] - 18:14 custom [1] - 105:18 cut [2] - 265:1, 369:23 cycle [1] - 383:12 cycled [1] - 351:5 D D'Qwell [1] - 191:8 D.C [2] - 2:21, 3:4 daily [1] - 83:14 damp [2] - 407:21, 407:23 Dan [3] - 97:25, 247:18, 439:11 Daniel [3] - 191:11, 192:12, 439:23 DANIEL [3] - 2:22, 4:14, 5:24 Daniels [2] - 191:12, 192:11 Darden [1] - 151:3 dare [1] - 18:3 darn [1] - 303:20 Darrel [1] - 258:19 Data [1] - 412:4 data [173] - 151:13, 151:14, 151:22, 151:24, 151:25, 152:6, 152:7, 152:13, 152:24, 153:2, 153:3, 153:14, 153:20, 153:23, 157:14, 157:15, 158:3, 159:20, 159:25, 160:5, 160:22, 161:7, 161:8, 131 of 172 sheets 161:13, 161:14, 162:5, 162:6, 162:7, 162:10, 166:10, 187:24, 189:2, 190:23, 190:25, 191:2, 191:3, 192:14, 192:18, 192:19, 192:24, 193:7, 193:23, 193:25, 208:14, 209:13, 215:2, 223:14, 224:2, 224:4, 224:14, 225:8, 283:4, 284:5, 289:11, 289:16, 303:23, 314:12, 315:15, 316:17, 318:7, 318:12, 320:9, 327:8, 327:12, 329:21, 337:13, 349:3, 349:7, 349:24, 350:1, 354:14, 354:15, 354:18, 358:20, 358:21, 361:4, 361:25, 362:7, 362:18, 363:5, 367:2, 368:7, 370:18, 372:22, 378:23, 382:11, 382:25, 386:12, 394:22, 403:17, 403:18, 404:5, 404:6, 404:11, 404:18, 413:16, 413:19, 413:20, 413:21, 415:6, 415:11, 415:15, 415:16, 417:3, 418:16, 419:7, 419:15, 419:18, 419:19, 419:25, 420:2, 421:10, 421:12, 421:13, 424:1, 424:6, 424:7, 426:14, 428:18, 429:3, 429:15, 431:22, 431:23, 432:21, 433:14, 435:5, 435:10, 435:13, 435:20, 435:23, 435:24, 435:25, 436:6, 436:7, 436:14, 436:15, 436:17, 436:21, 436:24, 437:9, 438:17, 438:21, 438:25, 439:6, 441:18, 443:14, 443:17, 446:18, 446:20, 446:21, 451:5, 451:6, 451:9, 451:15, 451:23, 452:2, 452:11, 452:25, 453:5, 453:6, 453:7, 454:11, 454:14, 454:23, 455:7, 455:19 date [10] - 40:4, 92:8, 106:25, 107:7, 107:11, 108:17, 302:14, 334:9, 338:4, 456:6 dated [4] - 105:12, 332:15, 333:17, 333:22 dates [2] - 102:13, 102:19 Dave [15] - 59:7, 59:12, 60:15, 61:1, 94:19, 95:4, 119:2, 122:11, 122:16, 144:23, 145:2, 145:6, 238:6, 252:20 DAVID [1] - 3:11 David [1] - 241:25 days [21] - 58:5, 59:13, 59:15, 59:16, 122:5, 123:9, 133:5, 133:13, 133:20, 252:21, 261:24, 282:6, 282:7, 286:25, 300:8, 306:25, 316:4, 316:5, 316:6, 417:10 DC [1] - 3:22 de [1] - 179:22 deal [7] - 45:20, 98:10, 156:23, 269:7, 313:21, 314:7 dealing [3] - 192:6, 262:10, 313:16 dealings [1] - 75:17 deals [1] - 90:22 dealt [3] - 14:9, 49:20, 153:14 dean [10] - 153:25, 154:2, 154:3, 154:12, 171:10, 194:1, 229:2, 363:20, 418:15 Dean [40] - 15:23, 16:1, 150:18, 150:24, 151:3, 151:6, 151:8, 160:13, 188:25, 190:19, 194:22, 194:23, 207:9, 228:25, 290:19, Page 13 to 13 of 54 326:20, 359:9, 359:11, 361:5, 361:12, 363:15, 364:7, 365:7, 365:20, 366:5, 366:11, 367:14, 375:19, 414:11, 414:16, 416:15, 416:21, 417:6, 417:15, 421:4, 426:10, 438:7, 438:16, 445:11, 447:23 Dear [1] - 333:17 decades [2] - 151:25, 156:16 December [1] - 103:25 decide [7] - 28:8, 40:24, 48:23, 69:17, 85:5, 201:9, 309:8 decided [11] - 68:23, 71:1, 118:4, 128:19, 190:17, 283:1, 292:7, 318:12, 318:13, 341:15, 452:6 deciding [3] - 50:18, 317:10, 456:12 decision [30] - 8:20, 10:13, 14:10, 21:18, 55:10, 85:3, 154:23, 230:16, 237:22, 237:23, 244:8, 303:24, 303:25, 304:13, 304:16, 318:6, 319:22, 324:10, 324:23, 329:23, 335:23, 433:20, 433:23, 436:12, 436:17, 436:18, 452:1, 452:3, 453:18, 456:20 decision-maker [1] 433:23 decisions [6] - 27:19, 245:7, 262:15, 304:19, 317:22, 329:25 deck [5] - 158:18, 197:20, 215:19, 222:2, 222:14 declaration [11] 13:19, 14:8, 15:20, 39:5, 39:17, 40:2, 43:6, 107:1, 149:9, 149:15, 149:16 Declaration [7] - 39:2, 101:23, 106:23, 149:7, 225:24, Page 13 226:2, 226:3 declarations [4] 148:24, 149:17, 149:18, 225:25 decline [7] - 305:5, 305:10, 333:25, 334:3, 335:13, 335:23, 336:10 declined [5] - 305:1, 341:19, 341:20, 341:21, 341:22 declining [2] - 305:14, 334:2 decrease [3] - 200:19, 253:1, 327:14 deep [2] - 156:10 defendant [1] - 284:10 defense [3] - 36:21, 236:14, 384:6 definitely [5] - 70:15, 179:3, 183:3, 279:1, 443:12 deflate [12] - 11:12, 16:17, 40:8, 74:11, 75:5, 79:15, 93:25, 94:5, 97:9, 273:24, 274:18, 292:19 deflated [14] - 33:4, 35:9, 35:21, 121:3, 121:8, 141:11, 141:14, 144:9, 164:8, 164:9, 184:13, 276:2, 276:7 Deflategate [3] 261:22, 267:2, 322:11 deflating [5] - 85:17, 85:21, 90:1, 135:2 deflation [31] - 34:4, 34:10, 100:18, 100:24, 101:4, 101:8, 103:16, 112:24, 113:5, 136:4, 140:6, 141:3, 141:17, 142:14, 143:3, 145:4, 145:10, 145:19, 155:7, 181:12, 191:19, 210:8, 243:2, 274:8, 276:15, 277:2, 277:5, 278:17, 304:10, 306:7, 332:20 deflator [3] - 135:9, 136:4, 316:22 Degree [1] - 156:15 degree [9] - 7:22, 149:5, 194:23, 221:7, 317:16, 06/25/2015 03:43:11 PM 317:18, 346:21, 383:19, 412:9 degrees [13] - 220:17, 257:5, 291:1, 352:23, 364:25, 365:4, 365:18, 365:25, 372:2, 372:3, 412:10 delay [1] - 416:1 delegating [1] - 28:5 delegation [5] - 27:15, 27:21, 28:2, 28:21, 242:10 deliberate [2] - 10:13, 267:8 deliberations [1] 267:9 delivered [8] - 215:25, 216:7, 217:3, 217:11, 217:23, 218:6, 218:10, 364:15 delta [2] - 328:1, 370:6 demand [1] - 305:21 demonstrated [1] 431:20 denial [1] - 40:16 denied [4] - 306:6, 326:2, 326:3, 326:7 departed [1] - 308:3 Department [7] 152:3, 280:10, 280:14, 280:18, 280:21, 281:16, 281:21 department [7] 228:11, 347:11, 440:10, 440:12, 440:14, 440:15, 440:16 departure [1] - 413:13 DePASO [1] - 3:4 dependence [1] 172:7 dependent [6] 169:16, 213:21, 215:4, 352:8, 357:4, 429:25 depositions [2] 434:7, 434:10 derive [1] - 165:12 derived [1] - 243:13 describe [35] - 30:4, 80:1, 83:9, 163:15, 184:2, 186:18, 200:8, 200:12, 211:7, 211:8, 251:13, 251:15, 264:8, 346:19, 347:3, 348:22, 06/25/2015 03:43:11 PM 349:13, 350:19, 353:10, 353:22, 354:5, 354:9, 356:25, 358:10, 359:11, 372:11, 403:4, 403:9, 405:14, 412:7, 412:12, 413:5, 414:13, 441:12, 442:4 described [22] - 54:21, 108:20, 131:16, 137:23, 187:7, 189:25, 193:4, 211:25, 216:5, 237:24, 255:12, 259:19, 267:1, 354:3, 359:12, 367:12, 419:2, 419:3, 438:7, 447:23, 448:4 describes [5] - 37:3, 106:11, 253:20, 350:16, 359:16 describing [1] - 211:9 description [3] 261:18, 367:16, 445:13 designated [1] 441:13 despite [11] - 96:17, 159:6, 211:3, 222:16, 262:17, 264:20, 302:9, 344:8, 361:15, 427:20, 446:6 destination [1] 413:14 destroy [7] - 87:9, 91:6, 105:19, 105:20, 106:11, 106:12, 108:8 destroyed [8] - 39:21, 88:5, 106:17, 106:18, 107:25, 108:2, 108:13, 337:1 destroying [1] - 87:8 destruction [2] 106:4, 108:4 detail [4] - 291:9, 349:14, 444:8, 447:11 details [4] - 33:21, 212:3, 417:12, 418:21 detecting [1] - 435:14 determination [3] 118:1, 118:22, 290:12 determinations [1] - 252:14 determine [21] 112:23, 113:4, 204:21, 205:2, 205:23, 206:8, 206:15, 206:21, 212:18, 213:5, 272:13, 311:11, 314:13, 327:7, 327:13, 346:14, 349:2, 349:8, 349:21, 380:14, 388:1 determined [6] 76:22, 200:21, 223:13, 328:8, 354:24, 362:2 determining [1] 373:22 Detrimental [1] - 25:5 detrimental [21] - 9:7, 9:24, 29:3, 29:4, 29:11, 29:17, 31:14, 32:2, 32:8, 32:20, 33:15, 35:25, 36:4, 36:12, 36:13, 38:15, 42:11, 42:19, 46:14, 326:16 developed [6] 166:14, 183:2, 190:17, 328:19, 328:21, 328:22 developing [2] 153:4, 190:8 development [2] 442:14, 443:3 develops [1] - 154:6 deviation [3] - 405:6, 408:25, 421:8 deviations [2] 404:22, 405:7 device [2] - 105:20, 106:13 devices [2] - 102:5, 102:8 Diego [1] - 412:15 differ [2] - 192:5, 415:7 difference [138] - 13:9, 17:4, 54:19, 73:9, 120:19, 157:19, 158:23, 158:24, 159:7, 160:19, 163:10, 163:19, 163:21, 164:20, 164:24, 165:5, 166:15, 166:16, 166:18, 167:12, 169:20, 173:5, 173:6, 173:10, Page 14 to 14 of 54 173:13, 173:23, 175:9, 175:12, 175:17, 175:20, 177:18, 177:21, 177:22, 178:7, 179:12, 179:13, 179:14, 179:16, 179:21, 181:17, 181:20, 186:2, 186:3, 197:7, 197:23, 198:4, 198:5, 199:7, 199:20, 200:6, 200:7, 200:18, 200:24, 201:25, 202:5, 203:7, 203:11, 203:21, 204:11, 204:13, 205:4, 205:16, 206:10, 206:17, 207:18, 207:19, 208:18, 213:22, 213:23, 215:5, 215:11, 223:7, 223:20, 224:9, 225:14, 287:7, 327:14, 327:19, 327:25, 328:5, 349:11, 350:10, 354:22, 355:13, 355:25, 356:2, 356:10, 356:23, 357:6, 357:15, 358:9, 358:14, 359:18, 362:21, 363:6, 363:7, 367:17, 367:20, 368:16, 380:9, 414:7, 414:18, 415:8, 416:23, 418:25, 427:1, 427:2, 432:19, 433:21, 435:7, 435:11, 442:23, 445:18, 450:15, 453:16 differences [28] 158:23, 160:14, 160:20, 163:19, 163:24, 167:12, 173:24, 179:16, 205:25, 215:7, 360:22, 363:7, 367:17, 367:20, 380:10, 387:8, 395:5, 396:6, 413:17, 418:25, 419:8, 422:6, 422:9, 426:24, 427:6, 450:22, 453:17 different [52] - 10:8, Page 14 10:11, 17:17, 27:13, 49:3, 52:14, 52:17, 52:18, 54:13, 54:16, 54:20, 56:4, 57:11, 68:12, 68:13, 69:21, 73:1, 77:8, 130:23, 153:21, 163:4, 166:10, 178:14, 183:7, 189:16, 194:12, 195:19, 196:6, 205:15, 214:18, 231:24, 235:6, 244:7, 258:17, 289:13, 289:14, 289:18, 289:22, 303:17, 315:22, 317:5, 347:21, 352:25, 353:1, 363:8, 367:10, 394:11, 394:15, 394:16, 418:22, 455:14 differential [1] - 217:7 differently [5] - 82:18, 184:21, 211:9, 285:2, 288:15 difficult [2] - 193:20, 445:5 Diplomate [1] - 457:13 direct [18] - 40:7, 40:8, 48:14, 101:21, 104:10, 139:9, 200:14, 274:20, 276:2, 297:16, 298:2, 353:7, 361:10, 402:22, 402:25, 420:21, 427:23, 453:15 DIRECT [7] - 47:9, 150:12, 227:24, 261:7, 345:7, 411:22, 439:19 Direct [2] - 5:14, 5:21 directed [13] - 22:9, 22:10, 25:8, 46:15, 57:20, 99:1, 99:2, 144:6, 198:12, 274:17, 274:25, 312:3, 334:25 directing [16] 102:11, 102:17, 106:22, 111:7, 112:20, 129:10, 133:21, 251:20, 355:22, 356:14, 356:24, 363:19, 373:2, 445:16, 446:3, 446:24 direction [4] - 175:4, 348:4, 422:1, 422:3 132 of 172 sheets directions [1] - 96:10 directly [7] - 6:14, 17:14, 38:20, 159:24, 209:11, 220:15, 313:22 director [1] - 347:10 Director [2] - 322:14, 412:3 dirk [1] - 156:14 dirt [1] - 53:3 disagree [4] - 196:16, 374:8, 387:24, 395:12 disagreed [1] - 433:11 disappeared [2] 34:13, 293:17 disapprove [2] 51:21, 116:20 discarded [1] - 108:7 disciplinary [1] 154:21 discipline [30] - 7:23, 9:6, 9:7, 10:5, 14:11, 21:5, 23:24, 25:3, 25:5, 28:1, 29:5, 35:22, 37:12, 40:25, 41:2, 41:12, 42:12, 46:11, 242:4, 242:6, 243:8, 243:15, 243:16, 244:20, 245:9, 250:14, 326:15, 334:15, 341:25, 441:4 disciplined [3] 24:12, 86:11, 245:14 disciplines [1] 346:12 discover [1] - 436:16 discovery [1] - 222:21 discretion [3] - 32:1, 42:10, 317:21 discuss [11] - 50:21, 81:12, 140:6, 141:10, 141:16, 143:22, 144:1, 160:16, 212:7, 381:22, 443:17 discussed [24] - 63:3, 90:1, 92:10, 126:11, 128:15, 130:9, 130:11, 132:2, 132:21, 142:8, 178:25, 182:25, 211:21, 212:4, 231:8, 291:9, 349:21, 354:13, 354:16, 355:19, 360:11, 419:11, 422:22, 450:1 discusses [1] - 97:19 133 of 172 sheets discussing [4] - 52:8, 145:18, 276:10, 290:19 discussion [16] - 35:1, 39:7, 64:25, 66:18, 81:22, 83:4, 110:9, 127:10, 127:13, 141:3, 312:10, 334:9, 334:11, 334:25, 364:4, 447:7 discussions [5] 13:23, 65:4, 279:24, 287:21, 407:3 dispersion [2] - 181:4, 181:8 dispose [1] - 88:8 disposed [2] - 104:25, 105:8 dispute [7] - 23:2, 31:16, 33:2, 33:6, 34:18, 37:4, 127:24 disputed [2] - 27:8, 37:4 disqualified [1] 280:25 disrespectful [1] 454:5 distracted [3] - 142:5, 142:13, 142:20 divide [1] - 390:9 Division [1] - 152:4 division [1] - 153:7 doctor [1] - 373:17 document [6] - 29:16, 35:19, 101:24, 102:12, 104:14, 442:8 documentation [2] 289:15, 417:12 documented [5] 33:10, 34:11, 34:24, 37:25, 38:3 documents [13] 29:23, 37:16, 39:8, 244:23, 244:24, 245:3, 299:21, 304:15, 305:1, 332:3, 336:22, 339:12, 339:14 dog [1] - 284:4 dollar [2] - 453:3, 453:4 dolphins [3] - 311:16, 311:20, 322:10 Dolphins [2] - 262:11, 262:20 dome [1] - 76:18 domestic [1] - 46:3 Don [2] - 109:7, 109:17 DONALD [1] - 4:5 Donald [2] - 105:11, 333:9 done [120] - 15:16, 16:10, 17:10, 19:21, 21:2, 29:13, 29:20, 32:7, 34:16, 34:17, 57:11, 69:13, 69:22, 71:5, 74:10, 77:23, 79:15, 85:11, 88:4, 90:17, 91:23, 92:17, 93:15, 95:14, 95:18, 101:6, 105:20, 106:7, 106:13, 124:18, 128:5, 129:6, 137:12, 137:17, 147:16, 147:23, 149:19, 149:20, 149:22, 151:11, 151:17, 153:9, 154:8, 155:5, 158:7, 158:12, 159:15, 162:19, 194:6, 230:17, 231:21, 233:7, 233:8, 237:6, 239:2, 243:4, 254:20, 255:4, 258:3, 264:23, 270:23, 274:22, 275:1, 275:2, 275:7, 275:20, 276:1, 277:1, 283:3, 285:19, 291:15, 291:16, 306:24, 311:24, 317:1, 322:8, 322:9, 330:11, 331:7, 338:19, 342:22, 344:13, 361:7, 363:16, 366:12, 371:17, 373:5, 374:17, 390:20, 391:8, 391:20, 391:25, 392:2, 392:5, 395:8, 398:19, 399:6, 399:25, 400:2, 400:4, 400:6, 400:7, 400:23, 415:3, 415:4, 416:13, 417:4, 417:6, 418:24, 424:8, 424:15, 437:7, 437:25, 441:10, 447:24, 448:8, 454:15, 456:4 door [2] - 229:17, 309:1 Doty [2] - 45:24, 46:5 Page 15 to 15 of 54 Doty's [1] - 21:18 double [1] - 283:22 double-check [1] 283:22 doubt [9] - 32:12, 107:12, 110:23, 128:12, 131:15, 132:14, 134:9, 325:1, 325:10 DOUGLAS [1] - 3:17 down [40] - 18:21, 18:22, 53:11, 83:16, 105:17, 117:23, 127:4, 128:22, 130:19, 132:6, 161:20, 165:21, 169:14, 173:16, 174:24, 205:20, 219:2, 231:19, 239:10, 241:23, 263:22, 264:15, 268:14, 289:3, 306:15, 306:17, 309:7, 309:8, 329:13, 334:18, 336:5, 340:8, 351:1, 369:24, 391:4, 399:13, 409:24, 411:10, 430:4, 438:18 downpour [1] - 55:2 dozen [1] - 196:14 dozens [7] - 218:13, 218:17, 218:18 Dr [53] - 155:15, 222:19, 227:17, 281:17, 281:20, 282:17, 282:20, 283:5, 283:15, 285:4, 285:20, 286:10, 286:20, 286:25, 287:18, 287:22, 287:25, 290:19, 330:4, 330:12, 330:14, 330:20, 330:22, 331:4, 342:9, 342:13, 342:25, 343:10, 343:19, 345:2, 345:13, 347:8, 347:13, 347:19, 347:23, 354:2, 371:14, 373:13, 374:12, 380:9, 380:19, 402:22, 412:7, 413:11, 414:10, 416:5, 425:2, 425:20, 426:4, 426:6, 426:11, Page 15 432:6, 454:22 draft [3] - 267:25, 269:16, 269:24 drafted [1] - 47:16 drafter [1] - 269:23 drafts [3] - 265:5, 265:15, 444:18 draw [10] - 38:22, 44:12, 167:1, 167:4, 178:8, 182:4, 190:14, 209:21, 210:4, 337:6 drawing [1] - 210:6 drawn [1] - 417:13 draws [3] - 222:14, 361:13, 446:4 Drew [1] - 64:11 drew [1] - 159:8 dried [3] - 383:13, 383:16, 383:19 drill [1] - 309:7 driver [1] - 276:21 drop [39] - 162:23, 163:4, 164:15, 167:8, 167:20, 174:24, 200:17, 208:23, 213:22, 287:8, 287:10, 314:13, 314:23, 354:20, 355:25, 358:14, 367:23, 368:17, 370:6, 384:12, 388:2, 388:3, 400:12, 402:9, 414:7, 415:7, 416:23, 416:25, 418:1, 418:5, 420:1, 420:3, 425:11, 425:14, 425:18, 427:5, 427:7, 434:22 dropped [2] - 163:12, 223:21 drops [29] - 157:20, 158:24, 158:25, 163:10, 163:16, 163:21, 166:18, 177:18, 197:7, 197:23, 199:20, 205:4, 206:1, 206:10, 221:12, 349:12, 350:11, 355:14, 356:23, 357:6, 357:11, 357:16, 359:19, 414:18, 419:9, 425:23, 432:20, 445:18 drug [2] - 18:12 dry [32] - 168:25, 171:7, 171:19, 06/25/2015 03:43:11 PM 171:20, 171:21, 171:25, 179:5, 180:17, 221:1, 233:2, 233:3, 235:21, 237:3, 237:7, 289:9, 367:5, 383:3, 383:4, 383:5, 384:14, 384:15, 384:16, 384:21, 385:6, 385:10, 386:18, 387:6, 407:1, 407:5, 422:9 dryer [7] - 168:19, 168:24, 178:17, 382:15, 383:20, 386:8 dryness [5] - 290:10, 360:22, 362:25, 367:4, 407:13 Duane [3] - 347:8, 411:17, 412:1 DUANE [2] - 4:15, 5:23 Dubin [1] - 333:20 DUBIN [2] - 4:3, 4:5 due [7] - 165:6, 290:13, 314:14, 334:10, 360:25, 361:4, 456:6 Duffner [5] - 156:14, 156:19, 157:8, 178:25, 182:25 duly [7] - 47:6, 150:9, 227:21, 261:4, 345:4, 411:19, 439:16 DUNN [1] - 3:20 duration [1] - 206:4 during [83] - 23:12, 23:18, 37:1, 39:14, 48:1, 50:22, 51:4, 51:5, 56:4, 57:6, 57:13, 57:15, 57:20, 63:4, 63:5, 63:13, 65:3, 65:9, 71:22, 72:11, 73:4, 73:7, 73:12, 74:11, 75:15, 81:7, 86:8, 93:2, 103:7, 104:4, 104:17, 104:20, 107:15, 107:18, 110:4, 110:9, 113:19, 124:3, 126:11, 130:9, 131:3, 132:3, 132:22, 133:2, 133:8, 138:9, 138:11, 138:16, 139:15, 142:11, 143:14, 143:18, 06/25/2015 03:43:11 PM 143:21, 144:16, 144:18, 145:12, 155:8, 190:5, 191:8, 191:22, 230:12, 235:25, 238:2, 245:22, 248:4, 251:10, 263:16, 275:23, 288:2, 319:16, 339:25, 358:2, 359:8, 384:6, 406:16, 407:2, 412:16, 414:11, 440:11, 442:1, 445:10, 450:2, 450:13 duties [3] - 196:23, 276:14, 312:4 duty [3] - 86:17, 271:19, 323:6 dynamic [1] - 428:4 E e-mail [28] - 14:10, 39:12, 52:8, 90:20, 109:7, 109:17, 144:20, 149:18, 277:7, 277:8, 277:9, 277:17, 280:13, 281:11, 305:23, 306:1, 332:5, 333:9, 333:15, 333:16, 333:20, 333:22, 334:23, 335:18, 337:10, 338:7 e-mailed [1] - 281:2 e-mails [36] - 14:15, 14:23, 14:24, 15:11, 39:8, 43:5, 61:20, 61:25, 62:12, 78:4, 84:23, 85:14, 85:15, 85:25, 86:9, 91:11, 91:17, 91:18, 92:2, 144:16, 305:21, 305:24, 310:13, 310:15, 310:21, 311:3, 311:14, 313:7, 329:9, 332:18, 335:24, 339:12, 339:18, 339:23, 340:2, 341:11 early [12] - 282:6, 286:25, 287:21, 409:21, 409:25, 410:1, 410:5, 410:6, 413:15, 415:3, 434:21 ears [1] - 283:22 earth [1] - 293:18 easier [1] - 384:16 eBay [1] - 379:15 Econometrics [1] 210:25 econometrics [2] 201:21, 211:1 economics [3] 150:19, 152:17, 152:18 Economics [1] 150:25 economist [2] - 151:9, 152:19 economy [1] - 153:22 ed [1] - 330:19 edge [1] - 409:23 editorialize [1] 448:18 educational [2] 346:20, 412:8 EDWARD [2] - 4:9, 5:16 Edward [3] - 47:13, 150:7, 150:16 EDWARDS [3] - 1:23, 457:7, 457:12 effect [76] - 35:15, 168:20, 174:9, 175:4, 178:22, 178:24, 179:8, 180:19, 186:11, 205:9, 211:14, 212:16, 212:17, 213:3, 213:4, 216:5, 272:20, 352:16, 353:24, 356:3, 356:10, 357:8, 357:10, 360:9, 360:13, 360:16, 360:24, 361:1, 362:12, 362:15, 362:16, 362:24, 367:4, 370:11, 370:12, 380:13, 395:6, 396:4, 400:13, 400:14, 405:24, 414:5, 415:14, 417:23, 421:11, 422:2, 422:8, 424:3, 424:4, 425:3, 425:4, 425:12, 425:13, 425:22, 429:21, 430:13, 435:21, 436:13, 436:14, 436:16, 438:13, 443:8, 443:13, 446:15, 449:17, 449:21, 450:12, 450:20, 451:3, Page 16 to 16 of 54 452:13, 452:24, 453:5 effective [2] - 187:8, 216:22 effectively [1] - 424:17 effects [14] - 159:1, 350:6, 360:7, 361:4, 419:3, 423:9, 423:14, 423:16, 423:18, 423:21, 423:25, 424:4, 424:5 efficient [1] - 270:25 effort [2] - 35:20, 141:16 efforts [6] - 75:5, 93:25, 94:4, 113:25, 114:4, 407:1 Ehrlich [4] - 311:18, 312:12, 335:5, 335:7 Eight [1] - 220:1 eight [11] - 131:1, 159:15, 183:21, 185:18, 187:17, 188:15, 215:21, 363:22, 364:24, 365:15, 447:2 Eighth [2] - 2:11, 21:19 EISENSTEIN [1] - 2:22 either [34] - 26:15, 27:25, 28:7, 35:2, 38:8, 39:21, 41:13, 91:12, 91:21, 115:25, 134:12, 186:6, 193:1, 193:9, 234:8, 254:11, 254:17, 265:18, 280:18, 308:9, 311:17, 320:17, 339:11, 355:15, 358:25, 370:24, 371:7, 395:19, 414:6, 415:25, 422:11, 428:5, 430:12, 439:8 elaborate [2] - 151:17, 158:21 elapse [1] - 418:12 elapsed [1] - 438:19 elected [1] - 412:20 electronic [3] - 84:19, 109:7, 337:13 eleven [24] - 159:15, 160:1, 177:6, 183:22, 188:15, 215:21, 220:1, 222:24, 238:3, 238:9, 238:11, 239:11, 362:10, 363:23, 364:24, Page 16 365:15, 389:13, 391:11, 406:2, 412:6, 415:24, 418:9, 423:23, 447:2 eliminate [1] - 395:20 eliminated [1] 175:23 ELIZABETH [1] - 2:23 embodies [1] - 214:5 emphasis [1] - 440:18 emphasized [3] 41:19, 42:17, 164:1 emphasizing [2] 425:21, 426:8 emphatic [2] - 293:4, 293:15 empirical [3] - 151:12, 415:10 employed [5] - 311:3, 345:13, 345:14, 412:2, 439:24 employee [6] - 24:6, 156:16, 246:11, 246:13, 250:3, 259:24 employees [2] - 123:8, 243:2 encounter [1] - 435:7 encourage [1] 335:22 end [35] - 35:15, 40:18, 42:17, 70:7, 111:9, 111:23, 115:2, 115:22, 116:6, 118:9, 164:10, 185:16, 188:16, 192:25, 193:6, 193:7, 211:20, 211:24, 221:6, 226:17, 226:18, 234:7, 276:19, 298:20, 298:25, 299:3, 318:16, 318:20, 321:20, 340:6, 365:9, 370:3, 378:25, 398:10 ended [2] - 70:6, 284:23 Ending [1] - 299:9 endorsement [1] 90:22 ends [1] - 291:2 Enforcement [1] 99:9 enforcement [4] 151:21, 151:25, 152:6, 272:5 engage [1] - 36:12 engaged [17] - 29:3, 134 of 172 sheets 29:11, 32:2, 38:15, 41:5, 42:10, 42:18, 42:19, 42:23, 43:3, 102:2, 274:7, 326:16, 347:11, 347:17, 347:20 engagements [1] 153:22 engaging [1] - 273:23 engineer [1] - 345:17 Engineer [1] - 347:15 engineering [8] 327:11, 345:19, 345:21, 346:4, 346:7, 346:10, 346:12, 346:22 Engineering [1] 346:23 engineering-based [1] - 327:11 engineers [1] - 283:10 ENGLAND [1] - 2:23 England [4] - 47:19, 61:16, 82:8, 300:9 English [1] - 452:22 enjoyed [1] - 152:20 ensure [2] - 37:22, 190:12 entailed [1] - 154:2 enter [1] - 251:18 entered [1] - 113:19 entertain [2] - 183:19, 188:2 entire [9] - 197:2, 201:2, 286:2, 287:21, 358:16, 397:18, 407:6, 429:7, 437:9 entirely [3] - 45:8, 221:11, 264:16 entities [1] - 322:22 entitled [3] - 15:10, 31:2, 31:3 entity [1] - 330:18 entrance [2] - 251:19, 307:18 entry [1] - 130:2 environment [5] 169:10, 169:11, 169:12, 192:7, 391:14 environmental [9] 206:2, 327:17, 346:5, 349:10, 352:4, 358:3, 358:8, 388:7, 405:24 environments [1] 83:13 equal [1] - 420:15 equally [1] - 368:6 135 of 172 sheets equation [9] - 173:10, 201:16, 212:8, 370:21, 430:3, 430:5, 430:7, 430:10, 430:12 equations [1] - 203:12 equilibrate [2] - 171:6, 171:9 equilibrium [1] 425:17 Equipment [1] - 26:6 equipment [17] 22:25, 24:10, 24:18, 25:11, 26:22, 53:24, 59:6, 60:15, 69:4, 72:3, 117:7, 123:7, 140:3, 147:5, 250:4, 283:11, 401:9 equivalent [5] - 9:10, 372:13, 372:22, 376:5, 442:17 equivocation [1] 25:9 erratic [1] - 316:4 error [23] - 159:11, 176:2, 186:10, 186:17, 191:25, 192:6, 203:19, 203:20, 213:25, 372:8, 372:14, 404:16, 405:8, 405:9, 409:17, 409:23, 410:2, 423:1, 426:9, 426:11, 427:7, 436:20, 436:21 errors [4] - 157:3, 157:23, 158:14, 185:20 especially [6] 169:18, 321:19, 386:22, 435:16, 438:9, 444:5 ESPN [3] - 135:9, 136:5, 316:23 ESQ [21] - 2:5, 2:6, 2:12, 2:16, 2:22, 2:22, 2:23, 2:23, 3:4, 3:5, 3:11, 3:11, 3:12, 3:12, 3:17, 3:17, 3:18, 3:22, 4:5, 4:5, 4:10 essential [1] - 19:7 essentially [13] - 8:23, 87:4, 146:5, 147:3, 147:7, 147:25, 149:10, 149:12, 416:4, 425:3, 426:16, 442:17, 446:19 establish [3] - 183:12, 184:24, 244:21 established [8] 21:20, 26:23, 136:8, 184:7, 242:24, 285:24, 308:4, 314:11 establishing [1] 220:8 estimate [5] - 419:25, 420:2, 423:18, 424:5, 436:19 estimated [1] - 307:12 estimates [4] - 214:14, 423:11, 423:14, 423:20 et [1] - 250:23 ethical [2] - 271:19, 271:21 ethics [1] - 323:12 evaluate [8] - 155:6, 158:14, 166:15, 176:21, 190:13, 327:16, 339:6, 350:6 evaluated [6] - 154:20, 186:23, 338:17, 350:17, 386:11 evaluating [4] - 157:4, 157:10, 211:20, 433:14 evaluator [1] - 158:2 Evans [1] - 440:3 evening [2] - 130:20, 373:11 event [4] - 121:13, 221:9, 258:3, 452:9 events [14] - 74:7, 160:7, 168:2, 168:3, 168:6, 176:12, 176:19, 177:11, 187:21, 206:5, 253:17, 358:1, 359:5, 406:18 eventually [1] - 61:5 evidence [91] - 8:1, 8:9, 8:12, 10:21, 11:20, 12:7, 13:22, 17:1, 20:18, 22:10, 28:24, 30:1, 30:4, 30:8, 30:9, 31:25, 32:9, 32:17, 32:18, 32:21, 32:25, 33:1, 33:7, 34:10, 34:22, 35:5, 36:23, 37:3, 37:14, 37:15, 38:5, 38:16, 38:25, 40:11, 40:18, 40:25, 41:21, 41:23, 41:24, 42:2, 42:5, 42:6, 42:7, 46:23, 98:1, 98:7, Page 17 to 17 of 54 101:22, 148:24, 149:6, 149:24, 150:2, 187:1, 197:19, 219:4, 242:25, 247:1, 254:16, 255:2, 273:12, 274:17, 275:13, 275:16, 276:2, 276:12, 285:18, 289:24, 293:3, 301:12, 316:19, 316:20, 317:9, 317:12, 324:17, 325:5, 325:11, 366:21, 367:7, 369:3, 369:12, 370:1, 385:4, 420:23, 426:8, 434:3, 434:12, 434:16, 435:6, 437:11, 447:8 exacerbated [1] 14:13 exact [8] - 17:7, 17:8, 46:13, 58:17, 235:6, 274:10, 319:7, 415:20 exactly [31] - 14:25, 15:4, 17:10, 18:15, 22:21, 30:25, 100:12, 100:25, 115:14, 118:17, 120:1, 126:13, 130:11, 132:4, 132:23, 134:14, 149:21, 178:20, 207:14, 210:5, 221:2, 223:18, 225:11, 296:4, 376:10, 381:6, 381:23, 399:21, 417:14, 421:25, 438:12 examination [8] 20:11, 20:17, 226:21, 270:17, 343:17, 349:24, 379:5, 453:15 EXAMINATION [23] 47:9, 100:6, 139:4, 143:12, 150:12, 194:20, 227:24, 251:7, 255:9, 259:15, 261:7, 321:25, 340:19, 345:7, 373:9, 402:20, 408:4, 411:22, 427:18, 438:3, 439:19, 448:12, 454:20 Page 17 examinations [1] 321:9 examine [4] - 101:13, 101:16, 323:2, 343:8 examined [10] - 47:7, 150:10, 153:14, 223:9, 227:22, 261:5, 270:23, 345:5, 411:20, 439:17 examiner [1] - 112:5 examining [3] - 270:7, 270:22 example [7] - 22:16, 23:9, 120:3, 196:7, 275:15, 419:16, 424:10 examples [1] - 245:14 exceed [1] - 225:3 exceeded [1] - 168:9 exceeds [2] - 160:23, 161:1 except [9] - 12:11, 21:2, 30:10, 88:3, 175:16, 269:6, 310:19, 371:2, 405:17 exceptionally [1] 437:4 exceptions [1] 293:25 exchange [1] - 127:5 exchanged [5] 111:2, 125:6, 140:19, 144:16, 144:18 exchanges [4] 111:11, 111:25, 145:12, 153:20 exclude [1] - 207:3 excluded [4] - 204:14, 210:20, 356:12, 434:16 excluding [1] - 202:18 excuse [4] - 37:8, 185:7, 193:7, 202:9 execute [2] - 183:20, 185:5 execution [1] - 444:9 Executive [10] - 2:6, 228:6, 262:25, 263:9, 263:15, 264:8, 273:6, 300:22, 322:14, 326:23 executive [1] - 246:7 executives [1] - 99:7 exemplar [4] - 355:6, 377:16, 378:16, 379:2 06/25/2015 03:43:11 PM exemplars [1] 301:20 exemplary [2] - 20:24, 338:19 exercise [2] - 292:25, 453:16 exhibit [7] - 97:14, 98:9, 104:11, 200:17, 238:24, 298:15, 333:7 Exhibit [32] - 24:4, 62:3, 64:19, 78:6, 97:18, 98:8, 101:22, 104:7, 105:10, 106:23, 111:5, 156:18, 197:19, 237:17, 242:6, 248:2, 249:15, 252:12, 253:13, 254:5, 255:12, 258:15, 298:3, 300:21, 331:18, 331:19, 333:6, 333:11, 335:10, 337:4, 359:15 exhibited [6] - 167:8, 167:20, 208:23, 327:14, 339:25, 354:20 exhibits [2] - 97:25, 98:6 exist [5] - 43:9, 317:2, 320:20, 321:13 existed [4] - 15:1, 149:23, 293:17, 435:11 exists [1] - 15:2 expect [3] - 215:1, 441:19, 449:18 expectation [1] 108:11 expected [13] - 169:9, 215:14, 215:22, 220:2, 225:3, 360:24, 363:23, 364:24, 365:10, 365:11, 365:16, 447:2 expensive [1] - 77:19 experience [12] 77:18, 115:16, 118:18, 120:10, 149:11, 151:16, 156:8, 165:7, 182:3, 236:11, 236:19, 434:17 experiment [8] 205:13, 353:12, 367:1, 388:1, 396:20, 399:11, 06/25/2015 03:43:11 PM 399:12, 441:2 experimental [11] 208:16, 209:23, 347:18, 358:11, 358:13, 367:2, 432:3, 440:20, 448:19, 448:24, 449:2 experimentally [3] 347:16, 422:4, 431:20 experimentallyoriented [1] - 347:16 experimentation [6] 413:23, 415:4, 415:13, 417:3, 427:8, 443:15 experiments [46] 197:9, 197:13, 201:5, 202:4, 204:16, 204:17, 204:20, 205:2, 205:22, 205:23, 206:8, 206:21, 209:12, 209:14, 224:16, 225:10, 328:4, 328:11, 349:9, 350:6, 352:18, 353:6, 353:23, 357:1, 357:2, 357:8, 358:6, 358:15, 358:18, 358:19, 358:22, 360:6, 360:17, 363:5, 365:5, 366:19, 367:6, 382:24, 388:5, 415:14, 438:12, 439:4, 441:10, 443:3, 444:1, 444:6 experiments' [1] 454:12 expert [25] - 33:17, 33:20, 33:24, 39:16, 102:1, 102:24, 104:21, 107:14, 148:25, 153:6, 201:20, 283:2, 284:1, 284:3, 284:11, 286:13, 286:15, 291:8, 317:15, 317:17, 348:17, 448:19 expertise [7] - 16:3, 156:11, 286:21, 346:9, 346:18, 347:4, 440:19 experts [14] - 15:24, 33:8, 33:12, 33:23, 270:22, 279:24, 280:2, 280:7, 281:4, 288:20, 291:20, 329:2, 329:17, 348:12 explain [68] - 11:24, 12:5, 16:7, 16:11, 17:1, 34:4, 43:7, 48:19, 48:22, 48:25, 75:10, 77:6, 78:24, 79:25, 87:23, 120:22, 149:18, 157:16, 159:20, 164:16, 166:5, 174:16, 184:16, 199:7, 202:14, 203:7, 203:20, 205:3, 205:8, 205:9, 205:14, 205:25, 206:10, 206:17, 206:23, 206:24, 207:5, 210:23, 213:17, 213:21, 214:1, 214:17, 222:10, 288:5, 324:3, 327:2, 356:22, 357:5, 373:23, 388:2, 388:3, 388:21, 389:11, 389:24, 390:21, 392:18, 392:20, 397:14, 401:4, 404:16, 408:21, 420:9, 436:11, 439:8, 453:24, 454:3, 454:7 explainable [1] 409:14 explained [17] 175:17, 179:14, 212:19, 213:7, 262:7, 268:6, 300:17, 328:9, 338:9, 338:11, 388:13, 389:5, 390:6, 394:21, 405:24, 408:13, 409:11 explaining [3] 169:19, 409:8, 428:1 explains [4] - 212:3, 222:9, 416:22, 428:17 explanation [13] 33:15, 39:22, 182:10, 222:22, 241:16, 241:22, 305:9, 370:6, 391:21, 404:13, 421:6, 436:5, 455:13 explanations [3] - Page 18 to 18 of 54 38:1, 421:8, 448:16 explanatory [4] 173:12, 173:14, 201:13, 213:19 explicitly [1] - 212:15 explore [1] - 188:3 explored [1] - 179:4 exploring [1] - 415:10 exponent [186] - 16:9, 20:13, 33:23, 155:6, 156:16, 156:21, 158:10, 158:25, 159:3, 159:14, 159:23, 159:24, 160:21, 161:2, 161:6, 162:3, 162:14, 162:16, 162:25, 163:2, 163:16, 164:2, 164:25, 165:4, 169:4, 169:6, 169:21, 170:25, 172:3, 172:15, 172:20, 173:5, 173:15, 174:15, 175:25, 177:9, 177:18, 178:13, 180:23, 181:14, 182:15, 182:21, 183:12, 184:3, 184:16, 185:14, 186:11, 187:1, 191:3, 192:9, 192:18, 193:8, 193:22, 194:3, 195:17, 195:24, 197:2, 197:8, 198:24, 199:1, 199:20, 200:8, 200:12, 200:14, 201:2, 201:7, 203:8, 204:25, 205:12, 205:20, 207:10, 208:10, 208:11, 208:12, 208:13, 208:17, 208:21, 209:10, 209:20, 211:4, 211:7, 211:13, 215:13, 218:14, 218:22, 219:7, 220:24, 222:4, 222:14, 222:19, 279:23, 279:25, 281:5, 281:6, 281:13, 281:15, 281:19, 282:3, 282:15, 283:2, 283:6, 283:17, 284:17, 285:4, 285:19, Page 18 286:17, 287:24, 291:8, 300:20, 301:8, 302:6, 302:25, 303:9, 315:5, 326:19, 326:22, 327:2, 327:6, 327:10, 329:12, 330:12, 330:23, 331:4, 342:5, 342:8, 342:11, 342:24, 343:4, 343:8, 343:16, 345:14, 345:20, 345:21, 346:25, 347:24, 348:9, 349:15, 350:17, 359:13, 361:8, 361:12, 363:17, 366:13, 366:16, 367:18, 367:21, 368:2, 370:21, 371:17, 371:18, 373:5, 373:6, 402:23, 412:4, 412:5, 413:1, 413:7, 414:14, 416:13, 416:14, 422:12, 427:12, 427:13, 432:22, 433:16, 441:11, 441:24, 442:7, 442:14, 443:4, 443:14, 443:22, 444:2, 444:12, 444:23, 445:25, 446:4, 446:19, 447:25, 448:9, 448:22, 454:13, 455:17 Exponent [7] - 164:13, 187:18, 212:15, 346:3, 366:12, 441:14, 448:8 exponent's [28] 157:10, 160:13, 161:11, 166:4, 166:7, 166:14, 167:11, 169:22, 174:13, 175:6, 175:16, 182:8, 183:21, 183:25, 185:20, 187:7, 188:6, 190:20, 197:22, 215:22, 220:9, 285:13, 342:21, 359:17, 363:23, 414:17, 445:17, 447:2 Exponent's [4] 159:21, 220:2, 364:24, 432:24 136 of 172 sheets exposed [1] - 55:6 express [6] - 57:6, 291:19, 291:22, 291:24, 299:23, 301:7 expressed [1] - 452:4 expressing [1] - 79:4 expressly [2] - 215:13, 409:17 extensive [8] - 49:8, 51:24, 53:23, 69:6, 76:12, 415:4, 417:11, 427:8 extent [9] - 40:24, 157:20, 265:9, 265:24, 268:5, 268:10, 366:16, 404:10, 441:4 external [5] - 353:25, 393:8, 394:4, 394:5, 394:12 extra [2] - 46:25, 210:8 extremes [1] - 386:10 eye [1] - 11:17 eyes [1] - 283:22 F face [6] - 22:13, 82:23, 123:4, 139:25, 293:17, 339:1 faced [1] - 187:23 faces [1] - 82:14 facilitate [1] - 262:9 facility [1] - 11:22 facing [1] - 130:14 fact [71] - 11:24, 12:6, 16:22, 22:12, 23:17, 24:12, 24:21, 27:5, 27:24, 28:6, 28:22, 29:7, 29:12, 30:3, 39:14, 39:16, 41:4, 66:15, 79:2, 89:3, 108:13, 114:20, 116:19, 121:3, 139:24, 143:22, 169:1, 182:8, 212:15, 233:20, 238:21, 240:4, 251:2, 255:14, 259:7, 259:8, 276:17, 281:21, 290:16, 300:16, 301:8, 301:11, 302:9, 303:5, 303:12, 306:18, 308:6, 308:16, 315:9, 320:7, 320:10, 324:3, 326:13, 329:22, 137 of 172 sheets 331:24, 335:3, 337:11, 374:1, 374:23, 375:24, 375:25, 378:1, 382:14, 384:5, 385:1, 423:3, 424:20, 426:10, 433:15, 434:5, 434:11 fact-finding [4] 27:24, 28:6, 28:22, 29:7 factor [26] - 50:17, 169:19, 207:11, 222:22, 223:9, 243:22, 350:3, 350:25, 364:23, 369:17, 369:21, 369:22, 369:23, 370:14, 372:8, 373:22, 374:2, 374:4, 381:12, 381:16, 415:8, 427:22, 427:23, 428:9, 429:24, 450:21 factors [34] - 16:19, 17:14, 34:4, 48:24, 68:10, 176:3, 190:10, 206:2, 238:16, 253:1, 290:11, 315:6, 327:17, 328:10, 349:10, 350:17, 351:23, 352:3, 352:4, 356:1, 356:9, 356:12, 356:17, 356:19, 358:4, 358:8, 360:20, 360:21, 362:9, 362:22, 362:23, 366:8, 388:7, 428:2 facts [17] - 10:18, 19:25, 28:9, 30:24, 41:17, 267:12, 290:2, 323:2, 323:4, 323:10, 324:7, 375:22, 402:8, 404:17, 404:18 factual [2] - 8:19, 456:16 faculty [1] - 154:16 Fahrenheit [1] 352:23 failed [4] - 207:10, 331:6, 358:13, 372:12 failing [2] - 37:11, 448:15 failure [6] - 14:14, 36:25, 37:8, 38:21, 38:22, 38:23 fair [46] - 26:24, 27:3, 41:3, 41:13, 42:12, 45:17, 57:14, 57:17, 116:4, 118:10, 119:18, 140:2, 196:13, 204:9, 204:11, 207:6, 221:7, 221:8, 222:7, 223:12, 223:18, 227:4, 228:16, 228:17, 234:23, 236:16, 236:18, 236:24, 241:9, 263:3, 269:25, 270:15, 271:21, 273:18, 275:11, 284:18, 284:20, 285:12, 288:3, 323:13, 374:2, 421:4, 455:5, 455:15, 455:21 fairer [3] - 200:8, 200:12, 206:13 fairly [1] - 287:20 fairness [4] - 27:7, 27:9, 27:11, 46:24 faith [1] - 366:9 fall [2] - 79:3, 365:16 fallen [1] - 378:9 falls [3] - 179:21, 282:12, 389:23 familiar [12] - 66:11, 83:7, 230:21, 230:24, 230:25, 231:1, 252:25, 330:2, 384:5, 434:5, 434:11 family [1] - 90:23 fan [1] - 384:3 far [10] - 31:9, 32:5, 39:1, 39:11, 78:21, 101:11, 189:12, 195:7, 275:12, 448:14 Farenheit [2] - 365:25, 366:1 Farley [6] - 299:20, 299:21, 306:15, 306:17, 306:19, 307:2 farley [1] - 306:25 fashion [3] - 269:17, 327:23, 338:21 fat [2] - 12:17, 63:9 fault [2] - 16:8, 16:9 favorable [1] - 191:18 Favre [2] - 44:23, 45:9 FDA [1] - 165:15 Page 19 to 19 of 54 featured [1] - 205:16 February [14] - 84:20, 99:6, 103:25, 109:13, 111:1, 111:11, 111:25, 112:4, 140:19, 313:8, 332:15, 333:12, 333:19, 337:13 federal [1] - 282:21 feel-oriented [1] 49:24 feelings [1] - 57:6 FELD [1] - 2:19 fell [2] - 88:14, 352:5 fellow [1] - 412:20 felony [1] - 151:23 felt [34] - 10:18, 12:16, 12:17, 13:8, 23:22, 52:12, 55:22, 56:19, 57:3, 57:4, 57:10, 57:12, 58:1, 58:25, 59:3, 62:24, 63:9, 68:11, 71:2, 71:10, 72:15, 72:16, 72:22, 93:2, 120:6, 121:6, 134:20, 252:22, 257:15, 316:12, 316:18, 317:7, 340:12, 391:7 few [22] - 24:2, 42:16, 88:13, 90:10, 91:10, 91:13, 91:23, 91:24, 92:21, 121:1, 139:2, 188:25, 216:10, 251:9, 252:21, 253:8, 255:8, 282:7, 322:4, 331:13, 340:18, 417:10 fiancé [6] - 62:17, 62:18, 277:19, 278:7, 278:9, 278:11 field [33] - 50:14, 51:3, 52:1, 52:3, 55:24, 57:23, 59:23, 72:6, 72:7, 137:7, 170:7, 170:12, 170:21, 220:17, 220:23, 291:1, 307:14, 307:20, 308:5, 309:3, 314:23, 352:25, 365:24, 372:3, 372:23, 384:6, 384:17, 384:22, 385:11, 385:14, 394:8, 455:10 fifteen [1] - 423:22 Figueroa [1] - 4:4 figure [16] - 16:25, Page 19 18:18, 144:11, 144:12, 169:24, 174:15, 202:10, 209:3, 241:23, 328:4, 328:9, 328:19, 346:16, 397:14, 403:6, 403:16 Figure [16] - 169:23, 172:18, 198:9, 204:18, 223:10, 353:10, 353:14, 382:23, 387:7, 397:4, 397:7, 397:9, 397:25, 403:22, 405:17, 445:4 figured [4] - 128:20, 314:24, 314:25, 423:12 figures [5] - 160:16, 163:2, 241:24, 398:13, 403:1 file [1] - 246:6 filed [1] - 6:12 files [1] - 149:20 film [1] - 128:17 final [8] - 67:12, 184:7, 188:25, 252:14, 265:6, 314:9, 413:14, 429:12 finally [8] - 21:6, 27:14, 41:3, 45:19, 258:14, 315:4, 342:4, 423:12 Finally [1] - 335:22 finances [1] - 154:7 financial [1] - 153:20 finder [6] - 301:11, 303:4, 303:12, 324:3, 326:13, 329:22 findings [26] - 10:8, 10:17, 158:4, 158:13, 158:15, 158:19, 158:20, 165:12, 186:11, 188:4, 194:13, 207:20, 269:18, 273:7, 286:6, 326:14, 330:17, 331:1, 359:12, 406:5, 414:13, 424:21, 435:15, 435:18, 445:14, 447:22 Fine [1] - 322:17 fine [12] - 26:11, 26:19, 45:13, 45:15, 72:16, 213:15, 219:8, 242:19, 06/25/2015 03:43:11 PM 267:21, 284:16, 343:13, 343:14 fined [2] - 45:1, 45:3 fining [1] - 45:10 finish [12] - 202:2, 246:8, 294:16, 383:13, 385:25, 386:4, 391:9, 391:19, 402:12, 402:17, 409:7, 454:1 Finish [1] - 246:10 finishing [2] - 183:4, 401:14 fired [2] - 57:14, 154:19 firm [13] - 155:6, 156:17, 195:15, 195:17, 261:13, 263:13, 268:7, 271:9, 281:25, 283:8, 284:19, 347:14 firms [1] - 195:20 first [145] - 8:8, 10:23, 13:9, 14:16, 18:9, 21:11, 22:2, 23:14, 26:11, 26:13, 26:20, 29:2, 29:6, 33:20, 34:18, 37:19, 39:7, 42:16, 47:1, 47:6, 48:18, 52:16, 57:7, 57:25, 58:15, 69:19, 73:1, 73:10, 73:21, 74:8, 76:7, 79:25, 87:1, 87:16, 98:10, 102:12, 105:16, 118:20, 126:17, 127:22, 128:10, 128:25, 131:1, 138:20, 139:19, 150:9, 151:20, 158:18, 158:22, 159:18, 160:9, 163:23, 168:4, 168:15, 170:16, 176:14, 176:20, 179:15, 182:13, 190:6, 191:9, 191:19, 197:18, 199:5, 199:9, 199:10, 201:3, 201:12, 201:24, 202:9, 224:20, 224:25, 227:21, 229:10, 229:11, 229:14, 229:22, 230:24, 239:3, 242:22, 253:9, 253:15, 255:25, 261:4, 263:9, 264:7, 06/25/2015 03:43:11 PM 265:3, 269:23, 269:24, 272:2, 272:17, 281:9, 282:7, 282:8, 287:5, 287:16, 290:20, 303:14, 308:11, 322:5, 327:23, 328:6, 329:3, 330:5, 331:24, 337:21, 341:19, 343:1, 345:4, 350:20, 350:24, 352:24, 354:13, 359:16, 380:23, 380:25, 381:1, 381:5, 381:15, 389:10, 389:14, 389:17, 396:21, 397:20, 399:5, 401:7, 403:16, 406:21, 406:23, 408:9, 408:17, 411:19, 414:25, 418:12, 421:2, 421:17, 421:19, 423:5, 424:23, 438:22, 439:16, 444:9, 445:16, 446:12, 449:7 first-class [2] - 281:9, 444:9 first-half [1] - 182:13 fit [1] - 387:6 five [27] - 42:14, 55:13, 131:2, 134:6, 149:2, 165:2, 166:20, 181:21, 194:17, 343:20, 344:25, 354:17, 386:8, 395:22, 401:13, 402:17, 418:11, 419:21, 420:7, 420:18, 432:12, 432:14, 432:17, 432:23, 433:12, 433:15, 451:4 five-minute [1] 343:20 five-percent [3] 165:2, 432:17, 451:4 fixed [2] - 19:10, 366:6 flat [3] - 53:15, 182:18, 182:20 flattens [1] - 183:5 flaw [1] - 370:20 flawed [2] - 203:25, 331:6 flaws [1] - 438:15 flexibility [1] - 226:18 flexible [2] - 227:6, 321:23 flip [2] - 50:1, 176:21 flipped [1] - 224:9 flipping [1] - 221:23 flowed [1] - 296:20 flowing [1] - 393:11 fluctuations [4] 224:20, 225:1, 363:4, 432:21 focus [22] - 6:22, 73:25, 74:1, 74:7, 141:20, 142:8, 151:7, 151:15, 162:7, 169:3, 170:4, 171:19, 174:3, 174:4, 182:14, 197:18, 205:1, 205:22, 206:20, 215:18, 346:10, 346:11 focused [13] - 48:5, 134:17, 141:22, 141:25, 142:19, 156:25, 158:1, 160:5, 200:5, 290:21, 291:3, 291:8, 291:10 focuses [3] - 155:5, 157:19, 198:1 focusing [2] - 52:9, 166:8 folders [1] - 90:21 follow [10] - 6:18, 158:12, 238:8, 247:14, 259:17, 268:2, 268:3, 305:8, 360:4, 443:18 follow-up [3] - 238:8, 247:14, 443:18 followed [4] - 106:17, 126:18, 337:11, 431:5 following [27] - 15:7, 28:25, 37:18, 45:6, 59:14, 74:13, 74:14, 99:5, 103:15, 106:6, 108:15, 108:20, 124:25, 129:15, 156:21, 167:7, 224:17, 237:16, 248:1, 252:18, 266:9, 273:11, 330:12, 340:25, 376:14, 408:3, 418:19 follows [13] - 16:14, 47:8, 150:11, 171:24, 171:25, 203:24, 227:23, Page 20 to 20 of 54 261:6, 280:3, 287:4, 345:6, 411:21, 439:18 food [1] - 148:12 FOOTBALL [6] - 1:1, 2:3, 2:15, 2:20, 3:3, 3:9 football [64] - 12:1, 35:10, 40:9, 49:9, 54:5, 56:4, 56:19, 57:23, 58:1, 116:8, 116:10, 116:18, 116:24, 120:11, 120:15, 120:25, 121:6, 121:7, 133:2, 133:3, 169:10, 172:9, 172:10, 172:13, 199:25, 212:9, 225:2, 228:13, 231:17, 236:1, 246:12, 248:8, 248:19, 251:16, 254:2, 254:13, 254:18, 254:24, 256:15, 256:19, 257:18, 257:20, 259:21, 260:2, 328:12, 351:4, 351:5, 351:10, 351:22, 352:11, 353:12, 353:15, 354:1, 384:3, 384:20, 393:7, 393:11, 393:15, 393:23, 394:2, 394:11, 396:2, 397:22 Football [9] - 1:14, 24:13, 24:22, 25:1, 228:6, 228:7, 228:9, 249:25, 257:21 footballs [104] - 11:12, 11:23, 11:25, 12:3, 23:12, 23:18, 33:3, 33:5, 34:10, 34:20, 35:3, 35:14, 35:21, 48:20, 50:25, 51:7, 51:14, 51:19, 52:12, 55:12, 60:9, 64:7, 64:21, 65:4, 65:5, 67:15, 68:24, 69:21, 75:6, 76:13, 77:3, 79:16, 85:21, 90:1, 94:1, 96:13, 97:9, 103:17, 112:25, 113:5, 113:11, 113:14, 114:8, 115:13, 116:5, 133:6, 134:18, 135:1, 135:2, 140:6, Page 20 141:11, 141:14, 141:17, 143:18, 143:24, 144:7, 147:8, 147:17, 167:9, 167:21, 192:2, 200:20, 208:24, 220:23, 220:25, 222:24, 228:19, 229:12, 230:23, 231:9, 231:25, 234:7, 234:15, 243:3, 245:24, 246:3, 248:21, 249:21, 250:17, 254:20, 255:15, 257:10, 263:16, 273:24, 282:11, 288:2, 327:10, 327:15, 327:20, 349:4, 351:12, 351:18, 351:20, 352:10, 353:3, 356:21, 357:4, 363:8, 372:2, 394:18, 421:20, 443:11 footnote [8] - 211:19, 212:5, 212:6, 212:14, 212:23, 300:17, 318:9, 430:14 Footnote [5] - 212:14, 360:11, 430:23, 431:17, 431:18 footwear [1] - 83:6 forces [2] - 290:14, 314:14 Foreign [1] - 26:3 forensic [10] - 14:9, 15:20, 101:15, 101:17, 102:1, 102:24, 103:4, 104:21, 107:14, 112:5 forensically [1] 149:22 forensics [2] - 101:12 forget [7] - 287:2, 292:13, 293:16, 318:10, 320:11, 442:24, 453:9 form [5] - 243:11, 331:9, 381:4, 429:12, 442:4 formal [1] - 6:7 former [5] - 152:2, 156:15, 236:9, 245:17, 322:13 Formula [2] - 184:2, 184:4 138 of 172 sheets formula [7] - 153:18, 185:11, 188:16, 219:21, 219:23, 288:11, 364:20 forth [17] - 54:7, 90:23, 239:21, 265:2, 303:7, 332:14, 332:19, 337:12, 341:1, 341:4, 344:1, 355:10, 371:22, 437:12, 444:16, 444:23, 450:8 forthcoming [1] 338:23 forward [3] - 6:14, 119:13, 190:12 forwards [1] - 173:15 foundation [3] 414:23, 421:2, 422:17 four [52] - 20:10, 48:2, 48:7, 49:18, 54:4, 55:13, 59:16, 67:14, 88:15, 125:4, 126:5, 126:12, 150:22, 160:3, 164:22, 166:9, 177:6, 192:21, 192:22, 193:3, 236:21, 240:8, 240:13, 249:9, 298:24, 298:25, 318:14, 318:15, 318:18, 318:19, 318:20, 319:13, 322:8, 322:18, 347:22, 362:9, 368:23, 369:6, 382:5, 391:10, 391:11, 400:18, 401:1, 401:23, 406:12, 413:23, 416:1, 418:11, 421:20, 423:24, 437:4, 437:8 four-hour [1] - 20:10 fourth [1] - 205:20 Foxborough [1] 335:6 framed [1] - 138:22 framework [4] 156:25, 158:11, 159:13, 172:21 frankly [8] - 18:3, 28:4, 208:9, 413:16, 415:16, 420:8, 438:20, 444:6 fraud [1] - 325:2 free [4] - 43:12, 87:2, 454:13 139 of 172 sheets freezes [2] - 447:19, 447:21 freezing [1] - 23:22 frequently [5] 195:21, 195:24, 407:12, 407:14, 441:23 freshman [1] - 423:2 Friday [4] - 68:21, 133:15, 146:4, 147:1 front [16] - 6:25, 98:19, 101:24, 124:12, 124:14, 222:13, 262:1, 262:24, 305:11, 321:8, 336:12, 340:6, 350:13, 360:2, 361:22, 366:25 frozen [4] - 221:5, 257:13, 257:16, 257:23 Fuck [1] - 275:17 fucked [1] - 92:21 fucking [1] - 92:13 full [7] - 97:23, 150:14, 169:6, 215:13, 244:6, 261:10, 285:24 fully [4] - 35:23, 205:9, 287:1, 443:24 function [1] - 354:1 functioning [1] 351:18 furthermore [1] 447:15 FYI [2] - 94:19, 144:23 G Gabe [1] - 347:19 Gabe's [1] - 281:12 gain [2] - 24:15, 69:9 Galanis [1] - 307:18 game [331] - 12:11, 12:13, 12:14, 13:6, 19:19, 22:9, 22:20, 23:13, 23:25, 24:6, 24:9, 31:15, 31:17, 31:20, 33:17, 35:25, 37:23, 40:15, 48:15, 49:4, 49:11, 49:12, 49:22, 50:3, 51:1, 51:25, 52:5, 52:7, 52:13, 52:15, 52:16, 54:2, 54:16, 54:23, 54:24, 54:25, 55:4, 55:9, 55:14, 55:22, 56:1, 56:2, 56:4, 56:7, 56:24, 57:6, 57:13, 57:15, 57:20, 58:2, 58:6, 58:7, 58:11, 59:14, 61:13, 62:10, 62:14, 62:19, 63:4, 63:5, 63:14, 67:3, 67:4, 67:9, 68:20, 68:24, 69:2, 69:5, 70:4, 70:10, 70:11, 71:13, 71:22, 71:23, 72:9, 72:10, 72:11, 72:19, 73:2, 73:4, 73:7, 73:12, 73:15, 74:1, 74:8, 74:9, 74:11, 76:2, 76:20, 77:11, 77:14, 80:19, 82:9, 82:10, 92:10, 93:2, 93:17, 93:23, 93:24, 94:2, 94:5, 94:6, 113:18, 114:10, 114:13, 114:21, 115:4, 115:5, 115:8, 115:16, 116:10, 116:12, 116:14, 116:16, 117:17, 117:18, 117:23, 118:1, 118:6, 118:18, 119:2, 119:15, 121:16, 121:19, 122:5, 123:8, 123:9, 123:10, 123:15, 133:12, 142:21, 159:13, 163:5, 163:25, 170:3, 170:10, 170:18, 170:19, 172:23, 183:18, 186:5, 186:20, 187:2, 189:23, 190:13, 191:22, 192:12, 192:21, 193:1, 193:7, 193:11, 193:14, 193:18, 193:25, 197:15, 199:4, 200:17, 200:18, 200:23, 206:3, 215:21, 215:24, 216:4, 216:8, 217:3, 217:11, 217:14, 218:6, 218:7, 221:10, 221:17, 222:25, 228:12, 228:14, 228:16, 229:7, 229:24, 230:9, 231:2, 231:3, 231:4, 231:14, 232:1, 232:14, 233:14, 233:16, 233:17, 233:20, Page 21 to 21 of 54 233:22, 234:5, 234:7, 234:11, 234:13, 234:18, 235:25, 237:25, 238:1, 238:3, 238:21, 239:19, 240:12, 241:5, 246:11, 246:12, 246:17, 246:20, 247:6, 248:4, 248:22, 249:4, 249:5, 249:7, 249:13, 250:5, 252:2, 252:4, 252:5, 253:18, 253:22, 254:18, 254:19, 257:4, 257:8, 257:14, 257:17, 257:23, 259:23, 259:24, 259:25, 272:4, 273:17, 274:18, 276:4, 276:7, 276:11, 276:20, 277:3, 278:8, 282:11, 291:15, 292:18, 298:16, 298:17, 298:20, 299:1, 299:4, 301:1, 307:20, 310:12, 310:16, 318:7, 318:17, 318:20, 328:22, 329:5, 349:19, 352:21, 352:22, 353:12, 354:19, 355:13, 356:20, 357:22, 357:24, 358:7, 358:11, 358:16, 358:18, 358:20, 358:23, 359:6, 363:22, 364:9, 364:17, 365:1, 365:2, 365:14, 365:17, 366:19, 366:24, 368:19, 368:24, 369:10, 370:5, 375:8, 375:13, 375:18, 376:8, 376:9, 376:16, 378:3, 382:17, 384:6, 384:10, 384:11, 388:13, 389:5, 390:5, 394:19, 396:5, 400:18, 401:10, 401:23, 406:16, 406:17, 407:2, 407:6, 407:16, 408:8, 408:13, 409:11, Page 21 409:21, 414:3, 414:6, 424:22, 425:19, 427:3, 443:4, 444:2, 447:1, 451:6, 451:9, 451:15, 452:2, 454:23, 455:7, 455:18 Game [47] - 18:6, 24:24, 25:7, 33:3, 37:19, 41:7, 66:22, 67:13, 68:16, 68:17, 68:19, 69:20, 78:10, 85:23, 94:17, 96:12, 99:9, 103:12, 103:15, 103:20, 121:2, 123:1, 124:8, 124:25, 125:2, 125:22, 141:21, 143:19, 146:1, 155:8, 189:3, 217:4, 229:13, 229:16, 231:7, 250:20, 251:11, 261:17, 263:17, 288:3, 293:9, 296:19, 304:11, 306:8, 327:18, 334:8, 359:1 Game-Day [3] - 25:7, 231:7, 250:20 game-day [28] - 123:8, 190:13, 197:15, 199:4, 228:16, 231:2, 310:16, 328:22, 329:5, 349:19, 353:12, 358:7, 358:18, 358:20, 358:23, 366:19, 384:10, 384:11, 388:13, 389:5, 390:5, 401:10, 406:16, 408:13, 409:11, 409:21, 443:4, 444:2 games [13] - 23:18, 48:20, 49:2, 77:3, 122:14, 230:23, 234:2, 249:5, 249:10, 255:5, 377:24, 378:11, 378:14 gaming [1] - 350:21 Ganot [1] - 347:19 gap [11] - 39:18, 103:1, 103:7, 103:10, 103:14, 103:19, 104:4, 107:16, 107:18, 112:4, 112:20 Gardi [8] - 227:17, 06/25/2015 03:43:11 PM 237:18, 237:21, 239:14, 240:11, 241:11, 241:17, 242:1 Gardi's [1] - 240:25 Garrison [1] - 263:13 GARRISON [1] - 3:15 Gary [1] - 152:16 gas [36] - 16:16, 18:3, 19:24, 33:22, 184:19, 188:16, 189:14, 219:16, 219:21, 219:23, 220:4, 220:14, 220:21, 221:2, 221:11, 231:5, 237:13, 252:25, 280:5, 280:6, 288:1, 288:6, 288:8, 288:13, 290:23, 314:19, 364:19, 365:12, 365:16, 365:23, 365:24, 366:2, 371:25, 375:21, 426:6 Gas [8] - 18:9, 184:2, 184:4, 220:10, 231:9, 372:4, 393:25, 394:5 gatekeeper [1] - 360:3 Gauge [1] - 17:10 gauge [264] - 17:11, 159:12, 161:9, 161:15, 162:2, 163:11, 183:17, 184:21, 184:22, 184:25, 185:1, 185:7, 185:10, 185:13, 185:23, 185:25, 186:1, 186:6, 186:7, 186:8, 186:10, 186:12, 186:13, 186:19, 186:24, 186:25, 187:2, 187:7, 187:11, 188:1, 188:2, 188:13, 189:19, 191:14, 191:23, 214:21, 215:3, 215:20, 216:3, 216:18, 216:19, 216:21, 217:5, 217:6, 217:7, 217:8, 217:16, 217:20, 218:9, 218:10, 218:12, 218:16, 218:24, 219:3, 219:4, 219:24, 221:10, 221:19, 221:21, 06/25/2015 03:43:11 PM 221:22, 232:2, 232:3, 232:5, 232:10, 232:11, 232:14, 232:15, 232:18, 240:23, 240:25, 241:4, 241:7, 259:8, 291:16, 291:17, 291:22, 291:23, 292:5, 292:9, 294:5, 294:8, 294:10, 295:1, 295:5, 295:8, 295:9, 295:22, 295:25, 296:3, 296:4, 296:7, 296:13, 296:14, 296:21, 297:5, 297:7, 297:10, 297:13, 297:16, 297:24, 299:11, 299:16, 299:17, 299:18, 300:10, 301:7, 301:13, 301:21, 301:25, 302:3, 302:4, 302:11, 302:22, 302:24, 303:2, 303:6, 303:13, 306:16, 316:1, 316:4, 316:7, 316:8, 316:9, 319:24, 319:25, 323:25, 352:11, 353:17, 353:18, 355:5, 355:15, 355:17, 363:21, 364:4, 364:5, 364:6, 364:13, 364:17, 365:13, 365:17, 366:15, 366:18, 366:22, 366:23, 366:24, 367:3, 367:8, 368:18, 368:19, 368:25, 369:1, 372:14, 372:16, 372:17, 372:18, 372:19, 374:14, 374:16, 374:20, 374:22, 374:24, 375:2, 375:5, 375:9, 375:10, 375:15, 375:16, 375:17, 376:6, 376:10, 376:15, 376:16, 376:22, 377:1, 377:14, 377:15, 377:18, 377:19, 377:21, 377:24, 377:25, 378:4, 378:7, 378:12, 378:15, 378:20, 378:24, 379:4, 379:5, 379:11, 391:25, 392:1, 392:2, 392:3, 392:5, 392:10, 392:13, 392:17, 397:22, 403:1, 403:2, 403:12, 403:17, 404:6, 404:8, 404:9, 404:11, 405:1, 405:2, 405:12, 405:15, 405:19, 408:7, 408:8, 408:20, 410:4, 414:3, 414:4, 414:5, 414:6, 419:6, 421:19, 423:14, 423:16, 423:18, 423:21, 423:22, 424:3, 424:5, 424:10, 424:11, 424:12, 424:13, 424:22, 426:1, 426:14, 426:17, 426:20, 426:21, 426:22, 426:25, 427:3, 427:4, 427:7, 446:25, 447:8, 447:9, 447:12, 447:14 gauged [3] - 293:23, 293:24, 455:11 gauges [81] - 161:3, 163:4, 184:20, 187:20, 189:10, 189:20, 189:22, 189:24, 192:1, 200:23, 216:15, 218:13, 218:18, 218:21, 219:5, 219:6, 219:7, 219:8, 221:17, 231:24, 231:25, 232:3, 232:4, 232:7, 232:8, 232:22, 232:24, 240:13, 240:16, 240:18, 240:21, 240:24, 282:5, 282:8, 296:11, 296:12, 296:19, 300:25, 301:19, 301:23, 315:23, 315:25, 316:1, 316:11, 320:1, 320:9, 320:13, 350:1, 355:4, 355:6, 355:7, 355:12, 369:9, 376:25, 377:4, 377:7, 377:16, 377:20, Page 22 to 22 of 54 378:17, 378:21, 378:22, 378:25, 379:2, 379:16, 379:17, 379:18, 379:19, 379:21, 380:4, 380:6, 413:24, 415:25, 426:12, 426:15 gee [2] - 15:6, 438:23 geez [1] - 364:16 General [5] - 3:5, 3:6, 152:3, 229:17, 266:7 general [16] - 9:13, 21:25, 22:11, 49:2, 99:7, 157:11, 157:13, 158:8, 209:17, 209:18, 314:18, 428:21, 433:9, 434:18, 435:2, 436:6 generally [28] - 9:1, 9:9, 9:11, 9:16, 13:14, 19:14, 21:12, 22:5, 22:6, 23:21, 27:2, 30:12, 42:24, 43:2, 75:17, 177:13, 234:2, 236:15, 243:1, 246:2, 248:20, 249:10, 250:9, 251:15, 257:15, 273:14, 274:2, 435:20 generated [5] - 203:2, 204:17, 209:13, 352:15, 432:3 gentlemen [1] - 274:7 gently [1] - 120:24 George [1] - 150:25 GIBSON [1] - 3:20 given [47] - 9:4, 20:10, 22:12, 22:13, 22:15, 22:16, 22:17, 22:19, 25:18, 28:15, 30:19, 51:12, 98:12, 108:1, 152:18, 156:24, 156:25, 158:11, 159:13, 174:21, 183:20, 206:2, 206:4, 220:8, 231:18, 250:23, 250:24, 251:3, 272:14, 272:18, 273:2, 296:12, 304:21, 305:9, 313:9, 313:10, 313:17, 313:23, 321:21, 323:16, 342:8, 348:7, 399:24, 400:3, 400:5, 408:16, 413:4 Page 22 gland [1] - 351:14 Glaser [2] - 300:9, 300:14 glaser [2] - 300:16, 306:18 glazer [1] - 307:1 glove [4] - 12:8, 398:18, 401:12, 402:18 gloved [1] - 399:17 gloves [5] - 26:5, 53:6, 53:8, 258:1, 396:12 gloving [18] - 69:7, 396:2, 396:8, 396:10, 396:20, 396:22, 396:23, 396:25, 397:2, 397:3, 397:10, 397:15, 398:10, 398:14, 399:1, 399:6, 399:15 GMs [2] - 22:25, 250:23 GOLD [2] - 3:18, 198:25 Goldberg [15] 117:21, 313:11, 313:12, 313:14, 313:16, 313:17, 313:18, 313:20, 313:24, 314:1, 314:3, 329:9, 329:11, 332:14 golf [3] - 120:21, 120:22, 120:23 Goodell [6] - 99:8, 105:12, 111:6, 309:22, 309:25, 337:5 GOODELL [143] 1:19, 2:4, 6:5, 7:8, 7:18, 48:13, 49:16, 52:23, 54:12, 54:15, 54:18, 56:1, 56:9, 59:13, 59:17, 60:14, 60:18, 60:21, 60:24, 61:12, 61:15, 62:6, 62:9, 65:18, 65:21, 65:24, 66:2, 67:1, 68:15, 69:13, 69:16, 69:19, 70:4, 70:13, 70:19, 70:22, 71:1, 71:8, 71:12, 71:14, 72:8, 74:20, 80:11, 80:15, 88:7, 88:17, 88:23, 89:2, 89:14, 99:21, 99:24, 109:21, 117:3, 117:6, 117:9, 117:13, 117:16, 140 of 172 sheets 117:22, 117:25, 122:19, 124:18, 125:20, 128:1, 133:10, 133:16, 136:13, 136:19, 137:11, 137:14, 137:16, 145:24, 146:4, 146:7, 146:10, 146:14, 146:16, 146:18, 146:22, 146:25, 147:5, 147:10, 147:15, 147:23, 148:4, 148:6, 148:10, 148:14, 148:18, 149:1, 155:17, 155:23, 156:4, 168:7, 168:14, 168:23, 170:9, 170:14, 170:17, 170:22, 177:5, 178:1, 180:1, 180:11, 180:13, 180:17, 180:20, 189:21, 192:11, 194:18, 221:25, 225:19, 226:6, 227:19, 230:3, 230:6, 233:13, 252:2, 256:23, 257:1, 260:20, 277:15, 386:4, 396:7, 397:11, 398:3, 398:6, 399:8, 400:16, 400:20, 400:25, 401:15, 401:19, 401:22, 402:1, 402:12, 402:15, 404:1, 436:9, 439:14, 454:1, 454:4, 454:15, 457:4 Gostkowski [4] 121:6, 335:7, 341:11, 341:24 Government [2] - 2:7, 347:17 grab [4] - 49:25, 306:1, 382:8, 382:9 gradient [1] - 393:16 gradients [1] - 393:12 graduate [1] - 210:25 graduates [1] - 281:7 grant [1] - 226:17 granted [1] - 226:25 graph [4] - 174:14, 405:16, 410:9, 410:12 graphs [3] - 380:21, 404:17, 445:6 141 of 172 sheets great [5] - 312:17, 312:18, 315:23, 344:11 greater [8] - 164:15, 173:2, 180:16, 182:10, 199:24, 200:17, 354:20, 367:23 greatest [1] - 428:3 Greek [1] - 430:10 Green [1] - 64:11 Greenberg [1] 155:15 Greenspan [1] - 150:4 GREENSPAN [6] 3:11, 150:6, 150:13, 194:14, 203:15, 225:18 Gregg [5] - 6:16, 6:22, 6:25, 7:2, 148:14 GREGG [2] - 2:12, 2:23 Grigson [1] - 229:18 grip [9] - 35:4, 50:12, 53:14, 55:7, 55:20, 57:3, 116:18, 120:13, 120:16 gripping [2] - 49:7, 120:21 grossly [2] - 115:17, 120:9 grounds [2] - 7:22, 266:6 Group [2] - 155:14, 412:4 group [14] - 155:14, 155:18, 156:2, 156:7, 164:21, 165:25, 193:5, 195:12, 195:14, 195:21, 196:3, 196:19, 345:16, 345:17 guarantee [1] - 282:23 guess [16] - 19:3, 27:16, 54:19, 79:4, 87:9, 101:13, 114:17, 148:11, 170:15, 225:11, 350:24, 373:11, 398:1, 425:22, 438:10, 441:12 guessing [1] - 89:6 guest [1] - 307:7 guidance [5] - 169:7, 173:25, 182:15, 208:8, 208:9 guilty [1] - 338:22 GUMP [1] - 2:19 guy [8] - 69:24, 91:4, 117:7, 120:3, 312:17, 312:18, 330:6 guys [5] - 135:15, 146:10, 146:18, 148:12, 265:22 gym [1] - 294:21 H Hadron [1] - 441:3 half [56] - 13:9, 13:10, 57:8, 59:11, 59:25, 73:1, 73:10, 73:11, 73:15, 73:19, 73:21, 74:4, 111:20, 111:21, 118:21, 118:22, 118:23, 119:11, 126:17, 148:13, 148:20, 168:12, 168:14, 168:24, 170:16, 175:5, 177:1, 177:2, 177:21, 179:6, 182:13, 190:6, 191:9, 229:16, 230:4, 239:21, 239:22, 309:2, 319:16, 350:24, 364:16, 369:24, 375:10, 375:11, 378:9, 390:15, 390:17, 397:23, 399:12, 399:24, 406:21, 406:23, 419:22 halftime [117] - 13:12, 33:2, 72:25, 73:6, 159:5, 159:25, 160:7, 163:25, 168:3, 168:6, 170:5, 172:6, 176:13, 180:8, 181:5, 181:6, 184:1, 185:9, 185:24, 186:16, 187:12, 187:21, 192:25, 193:4, 193:15, 193:17, 193:23, 199:23, 200:21, 200:23, 204:22, 205:3, 206:6, 206:9, 211:15, 215:14, 216:3, 221:6, 221:12, 222:15, 222:23, 222:25, 224:5, 224:6, 224:14, 225:8, 230:12, 233:22, 234:3, 234:20, 234:21, 234:25, Page 23 to 23 of 54 235:3, 235:7, 238:2, 239:7, 251:11, 288:19, 288:25, 290:18, 291:4, 292:20, 292:25, 298:16, 318:15, 318:21, 318:23, 327:13, 327:21, 339:25, 349:7, 349:19, 349:24, 352:22, 354:14, 354:18, 354:24, 358:2, 358:5, 361:14, 370:2, 370:3, 374:15, 375:1, 376:24, 394:19, 403:6, 405:11, 406:9, 407:17, 413:16, 413:19, 413:21, 415:15, 417:3, 420:10, 421:10, 421:12, 424:8, 426:13, 427:4, 428:18, 429:2, 429:15, 431:22, 431:23, 432:21, 433:14, 438:24, 438:25, 446:5, 449:22, 450:3, 451:5, 451:15, 452:11 hall [1] - 309:8 hallway [1] - 128:8 Hampshire [1] - 2:21 hand [10] - 50:12, 53:14, 116:22, 155:2, 160:23, 160:24, 198:23, 240:5, 403:22, 405:16 handed [2] - 84:3, 84:13 handful [1] - 434:9 handing) [1] - 198:25 handle [2] - 120:23, 148:14 handled [1] - 257:20 handling [2] - 18:14, 384:10 hands [2] - 50:1, 355:6 hanging [1] - 312:20 happy [7] - 7:20, 14:20, 212:10, 224:18, 343:5, 413:9, 456:24 hard [13] - 56:5, 56:18, 63:9, 133:8, 135:16, 138:22, 196:11, Page 23 245:16, 338:24, 379:17, 391:18, 410:22, 453:6 Hargrove [2] - 45:3, 45:9 Hargrove's [1] - 45:7 Harvard [2] - 269:9, 269:10 Harvard-trained [2] 269:9, 269:10 hasty [1] - 181:11 hated [1] - 55:24 HAUER [1] - 2:19 head [3] - 22:11, 99:8, 229:2 heading [1] - 129:11 headquarters [1] 346:1 heads [2] - 94:23, 95:8 heads-up [2] - 94:23, 95:8 health [1] - 346:5 hear [25] - 8:11, 10:23, 10:24, 11:20, 12:15, 14:16, 20:19, 20:20, 28:24, 30:5, 32:10, 32:12, 37:9, 37:16, 38:4, 39:15, 43:10, 87:23, 100:10, 100:13, 180:1, 211:11, 331:12, 445:13, 456:11 heard [26] - 6:15, 7:24, 30:2, 30:4, 35:1, 35:18, 37:5, 40:15, 74:17, 74:21, 74:25, 81:16, 136:15, 200:4, 229:23, 231:5, 231:11, 269:7, 272:19, 272:23, 315:5, 330:1, 359:11, 369:17, 414:13, 455:20 Hearing [1] - 457:5 hearing [13] - 6:13, 6:14, 28:13, 28:25, 110:9, 110:17, 117:12, 121:11, 150:1, 270:17, 272:18, 456:7, 456:18 HEARING [1] - 1:8 heat [2] - 19:3, 23:18 heated [3] - 23:12, 257:24, 291:7 heaters [2] - 257:10, 257:14 Heather [1] - 226:11 HEATHER [1] - 3:5 06/25/2015 03:43:11 PM heating [3] - 19:5, 41:9, 405:25 heavily [1] - 119:24 height [2] - 175:8, 175:9 held [6] - 21:22, 27:2, 46:5, 314:5, 412:13, 440:8 hell [2] - 64:16, 338:17 help [8] - 39:5, 155:9, 262:9, 280:15, 298:19, 327:7, 349:2, 392:7 helped [1] - 358:18 helpful [3] - 53:18, 124:11, 456:17 helping [2] - 348:1, 348:3 helps [1] - 420:9 hereby [1] - 457:8 hesitancy [1] - 285:23 hesitant [1] - 55:21 hesitating [2] 274:20, 288:5 hesitation [1] - 340:1 hi [1] - 140:4 hide [2] - 85:18, 86:21 hiding [1] - 338:22 high [6] - 169:14, 294:10, 295:2, 348:15, 426:19, 435:13 higher [14] - 58:10, 162:4, 179:11, 184:22, 186:14, 219:5, 294:9, 325:16, 355:18, 382:22, 421:20, 426:14 highest [1] - 324:25 highlighted [5] 59:10, 59:21, 119:4, 122:22, 225:3 highly [4] - 40:10, 377:10, 391:21, 444:7 Hill [1] - 24:13 hill [2] - 24:21, 249:24 Hillebrand [4] - 69:24, 70:1, 71:18, 120:3 himself [17] - 36:11, 43:16, 135:8, 246:12, 260:1, 273:23, 274:17, 307:14, 308:5, 308:11, 308:17, 308:24, 309:3, 309:9, 314:5, 316:22 hire [2] - 280:7, 283:1 hired [13] - 101:13, 06/25/2015 03:43:11 PM 101:15, 156:22, 261:15, 261:25, 266:24, 270:18, 283:2, 283:4, 283:24, 286:23, 287:18, 323:7 hiring [1] - 284:3 historically [3] 114:17, 114:19, 117:19 history [11] - 20:24, 25:8, 25:10, 44:21, 45:13, 45:16, 46:9, 46:12, 46:13, 119:20, 378:14 hits [1] - 55:17 hmm [4] - 237:20, 245:8, 258:25, 431:12 hold [5] - 46:9, 120:24, 277:14, 412:9, 412:21 holding [1] - 46:16 hole [1] - 329:14 holes [1] - 219:2 home [5] - 80:20, 80:21, 128:18, 133:7, 133:19 honest [2] - 20:4, 75:18 honestly [1] - 11:16 honesty [1] - 149:14 hope [5] - 14:1, 263:5, 279:18, 280:12, 448:16 hopeful [1] - 336:3 hopefully [1] - 6:17 hoping [1] - 155:24 horizontal [1] - 170:1 host [1] - 74:24 hot [3] - 16:18, 291:6, 314:22 hotel [1] - 238:1 hour [12] - 20:10, 131:24, 148:13, 148:20, 226:9, 226:17, 226:18, 227:1, 227:6, 313:1, 343:5, 402:4 hours [15] - 67:11, 67:14, 68:24, 70:18, 86:5, 126:17, 226:14, 233:24, 352:24, 400:18, 401:1, 401:16, 401:23, 402:4, 402:5 hours' [1] - 226:9 house [2] - 294:12, 294:19 housekeeping [1] - 225:23 HR [1] - 154:13 huge [4] - 19:1, 192:5, 339:16, 433:21 human [5] - 34:6, 34:7, 34:11, 34:22, 209:2 hundreds [8] - 54:8, 294:11, 301:19, 302:1, 316:2, 355:5, 377:15, 378:16 Hunter [1] - 322:14 hurt [5] - 304:20, 304:24, 338:16, 339:3, 339:4 hydrometer [1] 386:15 hypotheses [1] 178:5 I idea [21] - 13:6, 35:8, 38:7, 56:11, 75:9, 80:14, 104:24, 105:5, 122:2, 127:17, 164:12, 167:14, 167:15, 178:12, 181:9, 189:8, 189:9, 241:4, 296:2, 318:19, 368:3 ideal [36] - 16:16, 18:3, 19:23, 33:22, 184:19, 188:16, 189:14, 219:16, 219:21, 219:22, 220:3, 220:14, 220:21, 221:2, 221:11, 231:5, 237:13, 252:25, 280:5, 280:6, 288:1, 288:6, 288:8, 288:13, 290:23, 314:19, 364:19, 365:12, 365:16, 365:23, 366:2, 371:25, 375:21, 426:6 Ideal [7] - 18:9, 184:1, 184:4, 220:10, 231:9, 372:4, 394:5 ideas [2] - 283:19, 329:7 identified [17] 100:19, 140:12, 141:9, 157:13, 157:16, 157:21, 157:22, 163:24, 184:11, 243:21, 358:3, 358:25, Page 24 to 24 of 54 361:12, 363:20, 413:23, 414:16, 416:15 identifies [2] - 199:19, 203:1 identify [9] - 7:5, 140:24, 153:12, 163:4, 163:10, 207:10, 226:1, 327:16, 437:10 ignore [1] - 36:23 ignored [1] - 223:23 ignores [5] - 197:24, 359:19, 414:19, 445:19, 447:15 III [1] - 2:6 ill [1] - 304:19 ill-advised [1] 304:19 illegal [1] - 378:5 illustrates [1] - 45:10 imaginable [1] - 21:3 imagine [1] - 161:19 immediate [1] 154:15 immediately [10] 103:15, 172:9, 172:11, 174:8, 230:10, 247:6, 262:5, 391:15, 408:19, 416:1 impact [16] - 19:1, 175:13, 182:24, 187:15, 204:21, 231:8, 269:17, 282:10, 285:25, 288:9, 290:18, 314:20, 350:21, 351:8, 356:16, 428:3 impacts [1] - 328:20 implausible [2] - 38:6 implicate [1] - 334:15 implicit [1] - 419:14 implied [1] - 416:19 importance [7] 160:16, 169:4, 169:25, 172:5, 175:24, 176:5, 439:5 important [41] - 7:21, 10:20, 12:23, 21:16, 21:17, 30:15, 31:14, 50:8, 50:9, 120:16, 158:2, 168:8, 169:7, 170:22, 173:21, 190:18, 191:21, 191:24, 198:11, 200:2, 200:4, 213:17, 221:20, 248:25, 334:4, 341:16, 341:18, Page 24 348:18, 360:18, 373:22, 396:24, 415:5, 416:24, 420:19, 427:22, 427:23, 428:6, 428:9, 436:22, 443:9, 443:13 importantly [3] 29:24, 31:5, 32:9 impose [4] - 243:8, 243:14, 312:4, 416:10 imposed [8] - 7:23, 15:18, 23:16, 42:12, 45:18, 45:25, 243:16, 326:15 imposing [4] - 27:25, 417:17, 419:23, 420:14 impossible [2] - 55:7, 120:19 impressed [1] - 444:7 impromptu [2] 190:9, 194:5 improper [5] - 28:2, 137:1, 138:1, 138:19, 159:9 improperly [5] 222:14, 361:13, 380:20, 381:19, 446:4 IN [1] - 1:3 inaccurate [5] 123:23, 126:9, 307:25, 404:14, 418:18 inappropriate [3] 10:16, 223:22, 273:15 inch [1] - 113:23 incident [9] - 23:10, 24:2, 41:15, 44:23, 245:23, 247:4, 255:12, 259:22, 260:13 incidentally [1] 128:24 incidents [3] - 48:16, 249:18, 253:9 inclement [4] - 55:9, 68:22, 69:17, 70:5 inclined [1] - 226:16 include [22] - 110:17, 110:22, 159:1, 179:19, 198:15, 198:22, 199:8, 201:13, 202:11, 203:21, 210:18, 210:20, 228:15, 228:18, 238:18, 142 of 172 sheets 325:25, 425:3, 451:24, 452:6, 452:7, 452:12, 454:24 included [17] - 179:18, 191:17, 198:16, 202:14, 202:20, 202:24, 204:1, 204:19, 207:1, 243:22, 369:20, 369:22, 441:21, 449:8, 454:24, 454:25, 455:16 includes [6] - 32:25, 103:11, 103:14, 103:19, 103:23, 104:14 including [10] - 30:1, 36:6, 42:8, 141:8, 166:6, 313:15, 326:4, 354:7, 357:25, 413:24 inclusion [2] - 438:6, 450:11 inconclusive [1] 315:21 inconsequential [2] 115:1, 116:17 inconsistency [3] 187:6, 219:24, 431:19 inconsistent [3] 147:16, 221:19, 432:1 incorporate [1] 211:13 Incorporated [1] 345:14 incorporated [3] 213:4, 213:12, 367:11 incorporating [1] 212:17 incorrect [2] - 202:7, 286:24 incorrectly [1] 161:18 increase [3] - 291:7, 360:25, 425:15 increasing [2] - 366:4, 394:13 increments [1] - 214:5 incriminating [3] 14:22, 14:24, 149:19 indeed [1] - 157:8 independence [4] 262:4, 322:3, 348:13, 348:15 independent [21] 27:24, 29:9, 30:19, 143 of 172 sheets 202:13, 252:23, 261:20, 262:8, 262:12, 264:18, 264:24, 266:11, 266:17, 267:1, 267:3, 270:12, 271:9, 286:7, 322:24, 323:8, 323:10, 348:17 independently [4] 8:20, 156:3, 285:8, 311:15 index [1] - 98:18 Indianapolis [2] 229:18, 299:17 indicate [7] - 13:23, 63:13, 96:3, 219:5, 235:20, 392:19, 397:9 indicated [11] - 8:10, 225:23, 226:23, 289:9, 309:16, 370:1, 374:12, 396:10, 403:6, 416:5, 456:14 indicates [2] - 204:12, 315:5 indicating [7] - 53:9, 171:7, 174:18, 184:12, 386:17, 386:22, 451:22 indicating) [7] - 25:17, 161:1, 171:23, 172:1, 175:10, 182:17, 182:19 indication [4] 260:14, 369:8, 383:22, 435:20 indications [2] 369:10, 391:17 individual [1] - 362:20 individuals [2] 156:8, 309:13 industrial [1] - 151:10 industries [4] 151:18, 152:8, 152:10, 153:14 infant [1] - 153:18 infer [2] - 66:9, 66:15 inference [2] - 38:22, 44:12 inflate [1] - 119:8 inflated [19] - 18:23, 18:25, 35:14, 58:9, 59:9, 113:14, 113:22, 114:8, 116:5, 118:9, 119:9, 119:24, 119:25, 122:9, 177:7, 193:17, 238:21, 254:25, 276:8 inflating [3] - 64:25, 65:4, 135:1 inflation [31] - 35:2, 35:7, 50:16, 50:21, 51:13, 51:15, 66:12, 73:10, 97:22, 100:18, 100:23, 101:3, 101:7, 113:11, 114:12, 114:15, 119:17, 119:19, 119:21, 124:2, 136:3, 143:17, 143:23, 253:2, 254:19, 276:10, 276:14, 277:4, 332:20, 351:9, 360:22 influence [2] - 349:11, 350:4 inform [1] - 256:21 information [34] 19:13, 38:19, 38:23, 39:9, 43:16, 48:17, 89:9, 90:25, 91:8, 94:19, 155:21, 243:14, 253:24, 253:25, 254:11, 254:16, 254:23, 299:24, 305:17, 315:11, 320:22, 332:16, 333:3, 334:3, 334:19, 337:7, 337:11, 352:21, 357:24, 392:23, 393:3, 408:9, 408:16, 437:6 informed [2] - 86:16, 122:8 initial [8] - 27:25, 144:8, 184:6, 291:15, 347:6, 380:14, 399:13, 413:14 inquire [1] - 164:13 inserted [3] - 160:14, 351:13, 353:14 insertion [2] - 350:7 insertions [2] - 351:9, 351:16 inside [14] - 230:18, 231:16, 234:17, 288:24, 351:1, 351:13, 351:22, 353:14, 354:1, 356:10, 382:5, 393:10, 393:22, 397:23 insight [1] - 183:1 insights [2] - 153:4, Page 25 to 25 of 54 182:12 insignificant [7] 179:20, 361:16, 430:22, 431:3, 431:15, 446:7, 453:9 insistent [1] - 364:15 inspected [1] - 239:20 instead [4] - 45:25, 176:25, 188:9, 211:20 instinctively [1] 433:6 Institute [2] - 353:19, 412:22 institution [2] - 154:4, 154:9 instruct [3] - 118:25, 235:14, 235:20 instructed [2] - 23:14, 233:7 instruction [3] 121:18, 121:21, 231:18 instructions [4] 96:10, 232:13, 323:17, 348:7 instrument [1] 353:14 integrity [18] - 22:8, 22:19, 23:25, 25:20, 29:22, 31:15, 31:17, 31:20, 35:25, 40:14, 46:15, 149:14, 154:9, 228:12, 250:18, 272:4, 311:22, 311:25 Integrity [3] - 98:17, 98:24, 99:9 intend [2] - 7:13, 8:1 intending [2] - 209:4, 209:5 intense [1] - 57:15 intensity [1] - 57:19 intensive [1] - 442:2 intention [2] - 360:3, 442:19 interact [1] - 441:23 interactions [2] 440:25, 442:5 intercepted [2] 191:8, 320:3 interest [4] - 156:1, 271:20, 344:11, 344:12 interested [2] - 6:13, 7:25 interesting [7] - 24:21, 25:19, 155:20, 212:11, 279:7, 295:18, 360:14 Page 25 interestingly [3] 40:1, 191:13, 419:22 interfere [1] - 323:22 interject [1] - 7:1 internal [8] - 356:21, 393:7, 393:9, 394:1, 394:6, 394:7, 394:10, 394:17 internally [1] - 397:18 internet [1] - 379:22 interpret [7] - 24:23, 137:2, 137:3, 275:21, 276:1, 277:1, 277:5 interpretation [1] 206:18 interpreted [1] - 455:4 interrupt [1] - 224:22 intersection [4] 403:5, 403:23, 404:2, 405:10 intervention [5] 34:6, 34:7, 34:11, 34:22, 209:2 interview [42] - 29:15, 40:5, 74:25, 78:10, 108:24, 109:25, 110:5, 110:10, 138:10, 138:11, 138:16, 243:24, 244:6, 244:25, 249:4, 281:19, 281:20, 283:24, 293:12, 304:25, 305:19, 305:25, 309:21, 310:2, 310:10, 312:19, 313:15, 320:14, 320:15, 320:20, 321:1, 321:10, 325:17, 325:22, 335:5, 335:8, 335:9, 335:21, 336:8, 336:16, 340:21, 341:1 interviewed [18] 29:22, 34:15, 37:24, 74:21, 74:23, 86:2, 89:17, 107:8, 107:11, 243:25, 274:6, 292:1, 307:5, 310:11, 312:16, 325:18, 330:10, 335:7 interviewing [1] 314:18 interviews [8] 244:14, 244:15, 267:8, 267:10, 281:19, 288:22, 06/25/2015 03:43:11 PM 307:23, 308:8 intriguing [1] - 189:4 introduce [1] - 421:7 introduced [1] 455:10 introduction [1] 438:6 intuition [2] - 189:6, 189:11 invalidate [1] - 286:2 investigate [2] 258:4, 324:6 investigated [2] 24:19, 249:9 investigation [67] 23:13, 23:23, 29:18, 30:19, 30:21, 30:23, 37:1, 37:11, 45:1, 45:5, 87:24, 141:4, 169:17, 200:25, 237:23, 238:5, 247:3, 248:14, 250:8, 252:23, 253:5, 254:10, 255:3, 258:8, 258:11, 262:3, 262:12, 262:16, 262:21, 263:14, 263:18, 264:3, 264:8, 264:10, 266:2, 266:23, 267:1, 267:3, 267:11, 270:12, 272:3, 272:10, 310:22, 311:5, 311:17, 311:21, 311:24, 322:11, 322:12, 322:15, 324:16, 327:7, 327:12, 336:1, 339:4, 339:15, 347:7, 348:18, 349:2, 349:6, 355:1, 367:9, 413:3, 413:13, 415:3, 417:1, 442:3 investigations [4] 322:6, 322:9, 322:21 investigative [7] 100:16, 100:22, 109:5, 123:17, 123:18, 264:17, 267:19 investigator [11] 29:9, 29:20, 261:16, 261:19, 261:20, 262:8, 262:13, 310:3, 322:25, 323:8, 323:20 investigators [4] 06/25/2015 03:43:11 PM 3:15, 8:21, 39:10, 141:18 invite [1] - 80:8 invited [2] - 79:19, 80:3 inviting [1] - 79:23 invoked [2] - 9:8, 22:8 involve [3] - 135:18, 256:14, 267:8 involved [30] - 24:4, 24:5, 35:20, 64:5, 64:10, 64:14, 113:25, 114:3, 136:23, 153:2, 154:22, 195:22, 195:25, 243:2, 247:13, 254:1, 255:14, 256:11, 260:7, 260:14, 260:15, 260:16, 266:2, 316:20, 316:21, 316:23, 322:21, 332:9, 348:5, 407:16 involvement [5] 32:19, 242:24, 276:3, 326:2, 326:3 involves [5] - 29:18, 153:23, 196:10, 283:25, 417:18 involving [11] - 15:11, 23:10, 24:3, 25:14, 31:17, 44:24, 152:5, 152:13, 196:7, 273:16, 276:14 ironically [1] - 24:6 irony [1] - 120:14 irrespective [1] 88:18 isolate [1] - 167:19 Israel [1] - 13:21 issuance [1] - 252:18 issue [46] - 12:15, 13:5, 13:16, 14:9, 15:9, 18:17, 22:4, 23:8, 27:15, 27:21, 28:2, 29:16, 44:14, 45:18, 45:19, 48:15, 50:16, 86:22, 97:13, 159:10, 169:17, 171:18, 178:24, 182:24, 210:8, 220:20, 229:11, 271:5, 279:3, 291:11, 292:12, 292:13, 311:15, 312:9, 327:23, 328:24, 330:17, 341:10, 342:3, 342:19, 342:23, 344:1, 366:16, 398:4, 456:12 issued [11] - 8:16, 263:23, 264:21, 265:18, 268:1, 272:25, 302:6, 302:14, 330:13, 330:18, 376:21 issues [15] - 6:17, 27:13, 29:2, 31:16, 145:4, 145:10, 216:10, 242:10, 261:16, 262:9, 332:22, 334:14, 334:15, 340:9, 456:15 Item [1] - 357:17 itself [13] - 32:24, 37:14, 149:8, 221:3, 247:11, 266:3, 267:11, 288:7, 301:6, 357:11, 357:14, 358:8, 435:22 IX [4] - 300:22, 326:22, 326:23, 327:5 J jackson [1] - 191:8 James [1] - 192:12 January [30] - 103:12, 103:25, 121:2, 125:1, 125:4, 125:11, 125:15, 126:1, 126:18, 127:3, 129:16, 130:4, 131:9, 131:11, 132:1, 132:7, 132:10, 133:23, 141:9, 141:10, 143:15, 144:22, 145:13, 261:23, 263:11, 264:12, 264:22, 306:24, 313:2 Jastremski [114] 12:20, 12:23, 12:24, 34:25, 37:21, 43:25, 44:5, 49:17, 50:22, 51:18, 53:21, 57:20, 58:3, 58:8, 60:7, 60:19, 60:21, 61:10, 62:12, 63:3, 67:19, 67:23, 68:8, 70:2, 71:15, 75:4, 75:11, 76:5, 76:9, 77:20, 78:8, 78:18, 79:20, 81:1, 92:4, 92:8, 92:12, 92:15, 92:18, Page 26 to 26 of 54 93:1, 93:14, 95:3, 95:14, 95:19, 96:4, 97:3, 111:2, 111:9, 111:19, 112:2, 114:18, 123:19, 124:8, 125:3, 125:12, 125:16, 125:25, 126:4, 126:12, 126:19, 127:5, 127:9, 127:15, 128:10, 129:12, 129:14, 129:18, 129:22, 130:5, 130:9, 130:21, 130:25, 131:3, 131:9, 131:19, 131:24, 132:2, 132:8, 132:10, 132:18, 132:22, 133:24, 134:3, 135:1, 139:11, 140:10, 140:13, 140:15, 141:8, 141:24, 143:15, 143:22, 144:20, 144:21, 145:14, 145:18, 259:9, 273:16, 274:3, 274:5, 275:18, 275:23, 278:11, 293:6, 299:15, 306:6, 310:20, 314:25, 316:24, 325:24, 326:2, 333:1, 337:19, 456:11 Jastremski's [5] 38:8, 62:17, 128:24, 299:18, 306:15 Jeff [9] - 88:7, 252:22, 261:20, 262:3, 262:19, 263:15, 267:6, 267:7, 310:2 JEFFREY [2] - 2:5, 3:11 Jeffrey [6] - 7:18, 28:22, 37:4, 112:18, 227:15, 342:17 jerry [1] - 373:15 Jersey [1] - 84:13 jerseys [2] - 83:5, 83:10 jet [2] - 115:16, 117:17 Jet [13] - 55:8, 56:24, 115:4, 116:14, 117:18, 117:22, 118:1, 118:6, 118:18, 119:2, 119:15, 121:16, 121:19 Page 26 jets [42] - 12:13, 12:14, 24:3, 24:4, 24:6, 52:5, 52:13, 54:16, 56:1, 56:2, 56:4, 58:2, 58:7, 59:14, 61:13, 62:10, 62:14, 62:19, 63:14, 63:23, 68:20, 69:2, 70:4, 70:11, 72:18, 92:9, 93:17, 93:23, 93:24, 94:2, 94:5, 94:6, 113:18, 114:13, 114:21, 116:10, 250:3, 276:4, 276:7, 276:11, 277:3 Jets [1] - 278:8 jets' [1] - 52:8 Jim [5] - 81:24, 123:2, 134:25, 135:7, 316:21 Jimmy [1] - 155:15 JJ [6] - 258:22, 258:24, 259:5, 299:11, 299:14, 300:5 JJ's [2] - 299:17, 300:10 job [11] - 134:22, 276:16, 283:5, 283:15, 283:25, 284:5, 303:5, 323:1, 323:8, 324:6, 324:9 John [65] - 49:14, 49:16, 50:2, 52:20, 53:21, 55:3, 57:7, 61:2, 61:4, 67:18, 69:11, 69:24, 70:1, 70:2, 70:20, 71:23, 71:24, 75:3, 80:11, 92:18, 92:20, 94:16, 94:18, 94:23, 95:4, 97:14, 98:20, 111:2, 112:2, 114:18, 115:24, 117:4, 117:21, 119:3, 120:3, 122:17, 124:8, 125:12, 125:16, 125:25, 126:12, 127:5, 129:17, 130:4, 130:8, 131:19, 132:2, 132:10, 132:21, 132:25, 133:6, 133:24, 134:16, 134:25, 137:3, 137:4, 137:21, 143:15, 144:20, 144:21, 145:14, 145:18, 144 of 172 sheets 347:13 jointly [1] - 262:7 joke [1] - 121:5 JONATHAN [1] - 3:12 Jones [1] - 36:6 Jonny [2] - 78:19, 78:25 JOSHUA [3] - 1:23, 457:7, 457:12 JR [1] - 4:10 Jr [4] - 47:13, 102:6, 261:11, 263:12 judge [6] - 284:2, 303:5, 303:10, 317:21, 324:3, 324:4 Judge [4] - 21:18, 36:6, 45:24, 46:5 judgment [20] - 14:3, 29:1, 29:10, 31:7, 31:8, 31:24, 32:3, 32:8, 38:13, 40:19, 40:20, 40:24, 42:4, 42:5, 296:8, 309:14, 317:8, 317:19, 324:14 judgments [1] 194:11 jump [1] - 169:22 juncture [1] - 281:18 June [5] - 1:10, 6:2, 105:12, 139:8, 337:5 juries [1] - 317:12 jurisdiction [1] 228:20 jurors [2] - 317:19, 329:24 jury [3] - 317:14, 324:8, 325:4 Justice's [1] - 152:4 K K-balls [1] - 24:11 kala [1] - 373:15 kala-jerry [1] - 373:15 Karp [2] - 324:12, 329:22 keep [20] - 148:11, 154:8, 165:22, 165:23, 232:22, 260:21, 303:20, 318:25, 383:14, 384:14, 384:15, 384:16, 385:6, 385:10, 407:1, 407:5, 416:25, 427:16, 432:2, 437:24 keeping [4] - 226:8, 226:15, 340:10, 145 of 172 sheets 340:11 keeps [3] - 179:5, 232:23, 232:24 Kensil [1] - 229:20 kept [4] - 42:17, 236:15, 320:15, 339:7 KESSLER [110] - 3:11, 5:4, 5:8, 7:10, 7:14, 7:16, 7:19, 42:14, 47:3, 47:10, 48:10, 52:6, 52:25, 62:8, 65:20, 65:22, 66:4, 66:23, 89:8, 91:19, 97:14, 97:16, 98:5, 98:20, 99:16, 111:20, 112:10, 112:15, 112:19, 124:20, 135:25, 136:7, 136:11, 139:2, 139:5, 139:7, 143:8, 145:22, 148:5, 148:8, 148:11, 148:20, 148:23, 149:5, 150:3, 194:15, 225:22, 226:7, 226:20, 227:9, 227:17, 227:25, 233:15, 242:13, 242:19, 247:16, 247:21, 249:16, 251:5, 255:8, 255:10, 256:25, 257:2, 259:13, 260:18, 260:21, 260:25, 261:8, 266:9, 266:20, 271:7, 277:16, 279:1, 294:17, 298:8, 318:4, 321:18, 340:18, 340:20, 342:15, 342:18, 342:23, 343:3, 343:15, 343:21, 343:24, 344:19, 344:23, 373:10, 386:1, 392:16, 395:16, 400:19, 400:22, 401:4, 402:8, 408:2, 408:5, 411:13, 427:16, 427:19, 437:23, 439:10, 448:13, 453:25, 454:17, 455:24, 456:3, 456:13, 457:2 Kessler [37] - 29:7, 30:4, 32:6, 32:10, 32:14, 34:1, 34:8, 36:5, 40:7, 40:16, 41:20, 65:18, 100:10, 110:12, 124:6, 127:2, 144:15, 233:13, 252:24, 259:19, 284:7, 287:4, 288:5, 318:2, 323:4, 331:11, 334:5, 336:19, 339:19, 340:4, 340:13, 400:16, 402:25, 404:11, 406:1, 406:14, 454:16 Kevin [1] - 152:17 KEVIN [1] - 2:16 key [25] - 158:13, 158:18, 158:20, 168:13, 169:19, 184:10, 186:22, 200:7, 210:21, 347:22, 354:5, 354:9, 359:12, 359:16, 361:5, 361:10, 361:11, 363:14, 363:19, 414:13, 414:16, 445:13, 445:16, 446:3, 446:24 kick [1] - 24:11 kicker [3] - 24:19, 250:8, 335:7 kicking [1] - 250:4 kickoff [1] - 24:11 kind [37] - 10:16, 11:13, 54:10, 57:22, 69:3, 69:9, 69:10, 75:15, 80:2, 80:4, 82:10, 108:10, 135:17, 135:20, 163:20, 177:24, 179:3, 194:9, 217:7, 245:19, 245:20, 247:22, 269:11, 269:12, 283:7, 287:16, 288:7, 291:2, 295:18, 313:6, 324:17, 345:20, 346:3, 352:5, 360:16, 405:3, 446:10 kinds [3] - 36:8, 68:10, 346:7 knee [1] - 313:3 knock [2] - 203:17, 229:17 KNOPP [1] - 2:23 knowing [4] - 55:3, 68:18, 79:15, 296:5 knowledge [50] Page 27 to 27 of 54 11:15, 23:4, 38:8, 40:11, 56:10, 56:12, 58:17, 58:20, 95:13, 99:13, 113:10, 127:15, 191:21, 195:4, 229:14, 229:22, 232:16, 232:20, 233:25, 235:4, 235:9, 235:10, 235:17, 235:19, 237:10, 243:4, 250:22, 250:25, 251:1, 255:2, 255:17, 259:10, 268:21, 272:8, 272:13, 272:16, 272:22, 274:9, 274:22, 276:3, 291:12, 306:7, 309:24, 310:5, 310:8, 311:4, 326:5, 330:5, 341:24, 342:2 known [11] - 18:10, 39:22, 48:11, 75:13, 114:11, 142:16, 156:7, 206:5, 261:21, 378:10, 435:2 knows [10] - 13:3, 14:4, 35:8, 36:1, 44:15, 94:22, 95:7, 95:25, 144:25 Kraft [12] - 13:19, 13:22, 14:5, 14:7, 149:7, 149:10, 149:13, 225:25, 226:2, 237:19, 252:13 Kuiper [1] - 152:4 L lab [1] - 282:21 Labor [2] - 2:7, 2:17 laces [1] - 56:22 lack [4] - 15:15, 44:16, 44:20, 223:24 laid [1] - 445:3 language [3] - 135:17, 172:4, 205:9 Large [2] - 441:1, 441:2 large [8] - 39:18, 152:10, 191:1, 349:5, 393:12, 436:16, 443:1, 449:16 larger [3] - 404:12, 418:4, 420:12 Page 27 last [37] - 23:10, 27:14, 39:1, 49:18, 54:25, 76:19, 92:16, 93:5, 93:18, 94:14, 97:12, 109:11, 127:13, 129:6, 129:8, 157:25, 158:1, 159:10, 168:15, 176:18, 194:1, 200:15, 224:19, 224:25, 251:18, 261:17, 264:16, 327:4, 330:20, 356:14, 357:17, 409:16, 418:13, 421:3, 421:20, 431:5, 439:13 last-minute [1] - 39:1 lasted [1] - 130:5 lasting [2] - 131:1, 131:2 lasts [1] - 170:8 late [3] - 54:24, 395:17, 428:12 latter [2] - 220:12, 220:13 Law [7] - 18:9, 184:2, 220:10, 231:9, 372:4, 394:1, 394:6 law [44] - 16:16, 18:3, 19:24, 21:20, 33:22, 46:5, 184:19, 188:16, 189:14, 189:15, 219:16, 219:21, 219:23, 220:4, 220:14, 220:21, 220:22, 221:2, 221:11, 231:5, 237:13, 252:25, 261:13, 263:12, 280:5, 280:7, 284:19, 288:1, 288:6, 288:8, 288:13, 290:23, 314:20, 364:19, 365:12, 365:17, 365:23, 365:24, 366:2, 371:25, 375:21, 426:6 lawyer [14] - 15:13, 27:2, 37:6, 241:17, 241:19, 266:22, 269:9, 269:10, 297:19, 300:9, 305:3, 305:7, 305:15, 313:14 lawyer's [1] - 305:8 lawyers [10] - 14:18, 14:19, 15:8, 84:22, 06/25/2015 03:43:11 PM 85:7, 110:17, 195:22, 195:24, 270:11, 305:12 layers [1] - 22:2 LCD [2] - 153:19, 196:7 lead [9] - 6:25, 182:13, 183:5, 261:16, 261:19, 283:2, 310:3, 413:3, 451:23 Lead [1] - 3:15 leading [2] - 15:24, 103:20 leads [3] - 194:7, 208:6, 392:24 LEAGUE [6] - 1:1, 2:3, 2:15, 2:20, 3:3, 3:9 League [27] - 1:14, 9:18, 11:13, 13:1, 18:2, 21:3, 23:13, 25:17, 25:22, 28:6, 28:7, 36:9, 46:6, 64:13, 65:22, 113:20, 190:17, 228:7, 236:5, 236:8, 249:24, 251:25, 257:21, 314:11, 364:9, 376:2, 377:4 League's [1] - 46:9 leak [2] - 350:8, 351:17 leakage [1] - 351:22 leaked [1] - 281:22 leaking [1] - 351:14 leaks [3] - 282:25, 283:13, 283:14 learn [14] - 18:1, 65:8, 74:12, 114:14, 229:11, 272:17, 287:24, 288:17, 288:23, 289:2, 289:8, 290:11, 290:14, 437:20 learned [9] - 58:3, 58:8, 63:21, 82:19, 84:21, 114:20, 117:11, 288:21, 288:22 learning [2] - 224:15, 225:9 least [22] - 14:4, 21:19, 28:9, 73:17, 114:6, 196:14, 199:2, 226:17, 227:1, 227:5, 240:19, 240:21, 242:1, 243:1, 248:19, 256:15, 273:14, 280:21, 344:9, 400:25, 06/25/2015 03:43:11 PM 418:11, 421:21 leather [11] - 12:9, 53:3, 53:6, 53:8, 53:17, 55:2, 56:20, 56:22, 57:1, 57:2, 57:3 leave [6] - 72:2, 168:25, 213:15, 381:21, 452:1, 456:22 leaves [1] - 190:9 led [2] - 47:25, 161:1 left [13] - 153:7, 160:24, 173:20, 198:17, 202:15, 229:20, 230:11, 309:11, 348:20, 401:9, 401:14, 401:19, 403:22 left-hand [2] - 160:24, 403:22 legal [9] - 21:7, 21:10, 28:10, 46:20, 277:24, 278:4, 420:22, 424:25, 456:14 legally [1] - 46:18 lend [1] - 181:9 length [1] - 212:4 less [16] - 64:1, 68:3, 119:25, 126:4, 132:19, 182:20, 183:5, 391:19, 405:23, 410:7, 410:11, 420:25, 435:24, 436:6, 437:9, 442:1 letter [32] - 6:15, 14:14, 27:23, 39:3, 105:11, 105:17, 106:10, 108:21, 111:5, 111:7, 111:17, 114:22, 139:8, 237:18, 238:20, 240:23, 240:25, 242:3, 242:4, 242:6, 244:20, 250:13, 250:14, 252:13, 252:19, 252:20, 330:14, 332:14, 337:5, 337:7 letters [1] - 430:10 level [52] - 34:4, 35:7, 50:16, 50:21, 51:13, 51:15, 63:20, 66:12, 67:24, 68:6, 113:11, 114:8, 114:12, 114:15, 115:13, 116:5, 116:11, 118:5, 118:8, 119:17, 119:19, 119:21, 124:2, 151:23, 151:24, 153:1, 165:2, 171:6, 171:7, 171:23, 179:23, 193:14, 217:2, 217:10, 217:13, 348:12, 348:15, 382:21, 382:22, 413:18, 420:7, 420:17, 420:18, 432:12, 432:17, 432:24, 433:2, 434:14, 444:8, 446:17, 451:4, 455:9 levels [10] - 58:17, 143:17, 143:24, 145:19, 204:22, 215:14, 324:24, 324:25, 356:19, 426:23 LEVY [41] - 2:12, 7:4, 7:12, 7:15, 47:1, 62:7, 100:2, 112:18, 148:15, 149:4, 150:1, 203:17, 226:14, 227:5, 227:15, 242:18, 260:19, 268:13, 271:6, 271:24, 279:4, 294:16, 295:11, 318:2, 321:22, 340:15, 342:17, 343:14, 343:20, 343:23, 344:16, 344:25, 380:3, 385:25, 395:24, 411:16, 449:13, 456:2, 456:4, 456:21, 457:3 Levy [2] - 6:16, 6:22 levy [5] - 11:2, 21:6, 46:20, 99:18, 225:23 Lexol [13] - 55:2, 55:5, 55:15, 68:25, 69:8, 69:9, 69:12, 69:25, 70:3, 70:16, 76:17, 76:21 liability [1] - 325:9 liable [1] - 9:17 lie [1] - 278:7 lied [1] - 278:9 life [3] - 14:6, 43:11, 377:25 light [3] - 45:16, 342:19, 343:5 lighter [2] - 294:23, 405:4 Page 28 to 28 of 54 lightning [3] - 295:7, 296:16, 297:3 likelihood [11] 188:12, 207:23, 208:15, 209:1, 209:6, 209:7, 209:11, 209:22, 222:8, 222:10, 421:6 likely [20] - 66:10, 167:21, 206:2, 236:22, 260:7, 327:8, 357:23, 363:7, 389:15, 392:25, 393:4, 403:11, 406:6, 406:10, 408:10, 409:9, 420:24, 420:25, 424:25, 455:8 limit [10] - 11:13, 13:1, 248:7, 248:18, 249:2, 277:24, 278:4, 278:17, 395:19, 456:15 limitation [1] - 20:10 limitations [2] - 20:7, 28:15 limited [4] - 386:12, 424:24, 435:5, 435:23 limits [1] - 63:21 line [11] - 158:16, 174:24, 183:11, 190:8, 190:25, 194:2, 271:3, 335:12, 405:3, 405:20, 420:21 linear [3] - 371:10, 419:3, 423:9 lineman [1] - 282:12 liner [1] - 371:6 lines [3] - 109:18, 190:17, 443:5 linked [1] - 156:2 list [2] - 104:16, 210:19 listed [4] - 99:3, 351:23, 356:9, 358:4 listen [5] - 31:6, 42:5, 42:6, 274:14, 339:6 listening [4] - 31:24, 38:14, 283:18, 283:19 listing [1] - 239:9 literally [1] - 54:8 litigation [8] - 153:5, 153:9, 153:11, 195:22, 195:25, 196:7, 196:9, 346:6 live [1] - 284:7 Page 28 lives [1] - 43:11 living [1] - 43:11 LLP [6] - 2:10, 2:19, 3:8, 3:15, 3:20, 4:3 lobby [1] - 64:6 lobbying [1] - 66:13 located [1] - 345:25 locker [47] - 23:1, 34:14, 82:3, 83:12, 83:18, 84:4, 88:14, 121:25, 122:5, 123:20, 170:7, 170:13, 171:12, 171:16, 171:22, 172:11, 172:14, 172:24, 172:25, 184:9, 189:16, 220:18, 251:18, 276:13, 276:21, 290:18, 290:25, 292:14, 292:18, 307:10, 307:19, 308:10, 314:22, 352:24, 358:2, 383:21, 387:17, 388:13, 389:4, 390:5, 390:25, 391:2, 394:7, 406:8, 408:11, 409:10, 409:21 log [3] - 89:9, 90:19, 338:6 logic [3] - 201:6, 303:23, 418:19 logo [171] - 17:10, 17:11, 159:12, 161:24, 161:25, 162:2, 183:17, 184:21, 184:22, 185:1, 185:2, 185:7, 186:6, 186:7, 186:9, 186:12, 186:13, 186:19, 186:24, 187:2, 188:1, 188:13, 215:20, 216:18, 216:19, 216:20, 217:7, 217:8, 218:10, 221:10, 221:17, 221:21, 221:22, 232:10, 232:11, 232:14, 232:15, 241:7, 291:16, 291:17, 291:22, 292:5, 293:1, 294:8, 295:1, 295:5, 295:9, 296:4, 296:11, 296:13, 296:14, 296:21, 297:16, 297:24, 301:7, 146 of 172 sheets 301:13, 301:21, 301:25, 302:22, 302:24, 303:1, 303:6, 303:13, 316:1, 316:8, 316:9, 323:25, 355:4, 355:5, 355:11, 355:17, 363:21, 364:4, 364:5, 364:6, 364:13, 364:17, 365:13, 365:17, 366:15, 366:17, 366:22, 366:23, 366:24, 367:3, 367:7, 368:18, 368:19, 368:25, 369:1, 369:4, 369:5, 372:14, 372:18, 372:21, 375:1, 375:5, 375:6, 375:17, 376:6, 376:22, 377:1, 377:13, 377:19, 377:20, 377:21, 377:24, 377:25, 378:4, 378:7, 378:12, 378:23, 379:4, 379:11, 392:1, 392:2, 392:3, 392:5, 392:10, 392:16, 403:1, 403:2, 403:12, 403:17, 404:6, 404:7, 404:9, 404:11, 404:25, 405:2, 405:12, 405:15, 405:19, 408:7, 408:8, 408:20, 410:4, 414:3, 414:4, 419:6, 421:18, 421:19, 424:11, 424:13, 424:22, 426:1, 426:17, 426:20, 446:25, 447:7, 447:9, 447:12, 447:14 logs [2] - 43:20, 149:23 long-time [1] - 155:12 long-winded [1] 284:16 loo [1] - 258:19 look [152] - 6:14, 8:21, 11:17, 15:6, 15:10, 20:5, 20:6, 20:20, 29:15, 33:18, 39:16, 46:22, 62:2, 62:4, 71:4, 78:3, 78:5, 86:17, 91:18, 91:24, 147 of 172 sheets 93:17, 94:8, 98:8, 98:10, 98:18, 99:4, 105:16, 111:5, 127:1, 145:4, 145:9, 160:12, 161:10, 162:12, 162:13, 164:14, 166:3, 172:2, 173:9, 173:11, 173:18, 181:3, 186:18, 188:10, 193:8, 198:16, 201:2, 201:15, 203:11, 212:14, 224:18, 224:19, 230:12, 238:19, 239:3, 239:9, 239:24, 239:25, 240:4, 242:21, 245:13, 245:22, 248:2, 249:15, 252:11, 253:5, 258:16, 258:17, 262:25, 273:6, 277:7, 283:4, 284:5, 286:20, 287:16, 298:12, 300:4, 300:19, 300:21, 303:16, 311:14, 315:16, 315:24, 323:10, 324:6, 326:1, 330:5, 331:17, 332:17, 337:4, 337:24, 338:10, 339:23, 340:2, 349:18, 349:25, 353:13, 353:24, 355:3, 360:1, 361:24, 364:12, 365:13, 365:14, 366:22, 368:23, 379:7, 379:18, 381:24, 383:19, 383:25, 392:7, 392:22, 393:1, 393:2, 394:1, 394:25, 403:16, 404:21, 404:22, 405:2, 405:3, 405:16, 406:22, 415:10, 415:22, 417:1, 421:6, 421:17, 421:23, 425:1, 428:14, 438:21, 438:23, 439:7, 441:17, 442:12, 443:12, 446:18, 450:13, 450:14, 451:5, 451:6, 451:9, 452:25, 453:5, 453:13, 454:10, 454:11, 454:14 look-see [1] - 287:16 looked [55] - 15:20, 23:8, 25:22, 61:8, 115:11, 159:3, 200:9, 240:16, 245:6, 245:16, 249:19, 287:7, 296:13, 306:21, 312:5, 312:7, 316:19, 317:11, 328:6, 328:22, 329:23, 354:15, 357:7, 360:8, 362:17, 362:18, 365:1, 365:2, 365:6, 367:3, 368:5, 368:6, 369:6, 370:10, 370:12, 376:15, 379:17, 379:19, 382:1, 388:6, 396:4, 413:19, 415:16, 417:2, 418:19, 421:10, 434:23, 438:22, 439:5, 441:13, 444:18, 446:19, 446:21 looking [42] - 62:1, 67:3, 163:2, 208:1, 222:13, 223:14, 241:3, 247:11, 253:16, 258:18, 275:13, 281:4, 287:6, 287:13, 287:17, 321:8, 338:6, 338:8, 338:25, 346:14, 349:23, 360:6, 362:19, 363:5, 363:11, 379:21, 380:5, 410:2, 410:12, 415:6, 417:19, 419:5, 423:21, 425:10, 426:24, 427:2, 434:22, 439:6, 442:20, 443:6, 444:20, 452:11 looks [5] - 175:9, 287:8, 364:16, 410:9, 417:24 loosely [2] - 120:13, 120:17 LORIN [1] - 3:17 Lorin [2] - 119:20, 270:4 Los [1] - 4:4 lose [2] - 74:2, 234:15 loss [1] - 351:6 lost [1] - 224:7 Page 29 to 29 of 54 love [1] - 294:23 low [5] - 116:5, 118:9, 197:20, 239:11, 239:15 low-tech [1] - 197:20 lower [18] - 16:20, 16:21, 16:22, 18:18, 35:14, 96:12, 115:22, 127:4, 130:19, 132:6, 171:25, 172:12, 278:3, 364:20, 382:20, 426:14, 446:22 luminaries [1] 152:21 lunch [1] - 148:8 M machine [2] - 304:24, 351:5 MacKinnon [11] 330:14, 365:20, 371:21, 372:7, 372:24, 373:2, 373:3, 422:11, 426:6, 427:11, 448:3 MacKinnon's [1] 330:4 magnitude [7] 199:23, 200:19, 327:19, 354:22, 357:6, 435:12, 438:13 mail [28] - 14:10, 39:12, 52:8, 90:20, 109:7, 109:17, 144:20, 149:18, 277:7, 277:8, 277:9, 277:17, 280:13, 281:11, 305:23, 306:1, 332:5, 333:9, 333:15, 333:16, 333:20, 333:22, 334:23, 335:18, 337:10, 338:7 mailed [1] - 281:2 mails [36] - 14:15, 14:23, 14:24, 15:11, 39:8, 43:5, 61:20, 61:25, 62:12, 78:4, 84:23, 85:14, 85:15, 85:25, 86:9, 91:11, 91:17, 91:18, 92:2, 144:16, 305:21, 305:24, 310:13, 310:15, 310:21, 311:3, 311:14, 313:7, 329:9, Page 29 332:18, 335:24, 339:12, 339:18, 339:23, 340:2, 341:11 main [10] - 8:9, 128:9, 141:20, 205:1, 205:22, 206:20, 418:7, 419:4, 426:2, 442:2 Maine [1] - 188:24 maintain [1] - 407:13 maintained [2] 297:23, 297:25 major [4] - 153:9, 157:16, 157:21, 219:10 maker [1] - 433:23 malfunction [1] 355:15 man [1] - 284:25 manage [1] - 154:23 management [1] 150:19 Management [2] 15:24, 150:18 MANAGEMENT [4] 2:15, 2:20, 4:13, 5:20 Manager [2] - 155:13, 229:18 manager [3] - 59:7, 60:16, 69:4 managers [4] - 22:11, 53:24, 99:7, 147:6 MANARA [1] - 2:16 manifest [1] - 435:22 manner [4] - 31:1, 39:24, 250:11, 251:21 Manning [1] - 66:3 Manual [2] - 98:13, 250:20 manual [5] - 69:7, 250:21, 250:23, 250:24, 251:3 manually [1] - 54:7 manufacturer [1] 426:17 map [1] - 355:21 March [22] - 40:4, 102:14, 102:20, 103:2, 103:8, 103:11, 104:1, 104:16, 107:2, 107:5, 107:7, 107:10, 108:24, 109:25, 110:10, 112:22, 138:12, 333:17, 335:18, 335:19, 336:8, 06/25/2015 03:43:11 PM 336:16 margin [2] - 436:20, 436:21 margins [1] - 165:20 marked [1] - 359:1 MARLOW [2] - 4:14, 5:24 Marlow [30] - 33:23, 227:17, 281:17, 281:20, 282:17, 282:20, 283:5, 283:15, 285:4, 285:20, 286:20, 286:25, 287:18, 287:22, 287:25, 329:12, 330:12, 330:22, 331:4, 342:9, 342:12, 342:13, 342:25, 343:10, 343:19, 433:7, 439:11, 439:23, 440:17, 454:22 Marlow's [2] - 286:10, 347:23 Maryman [8] - 39:2, 43:6, 101:23, 102:1, 106:23, 149:17, 225:25, 226:3 masked [1] - 361:3 masking [1] - 360:23 master [35] - 184:25, 185:1, 185:7, 185:10, 185:13, 185:23, 185:25, 186:1, 186:8, 187:7, 187:11, 216:2, 218:15, 219:24, 221:19, 302:3, 353:17, 372:16, 372:17, 372:19, 374:14, 374:16, 374:20, 374:21, 374:24, 375:2, 375:5, 375:9, 375:10, 375:15, 375:16, 377:15, 377:18, 426:21 Master's [5] - 152:23, 153:1, 156:15, 346:22, 412:10 Master's-level [1] 153:1 match [7] - 43:24, 44:5, 44:6, 329:18, 423:13, 431:22, 431:24 Material [1] - 346:23 material [7] - 44:3, 332:23, 335:24, 06/25/2015 03:43:11 PM 336:3, 346:17, 347:19, 356:20 materials [6] - 110:12, 110:16, 110:20, 332:7, 346:11, 351:21 math [9] - 184:18, 184:19, 188:23, 219:18, 219:19, 219:20, 219:22, 220:9, 220:11 Mathematical [1] 412:22 mathematical [3] 185:11, 288:11, 364:20 MATTER [1] - 1:3 matter [33] - 10:25, 17:21, 28:20, 31:18, 40:12, 45:8, 46:19, 51:22, 86:18, 149:14, 155:2, 155:4, 181:14, 182:4, 234:12, 243:9, 258:4, 266:16, 266:21, 279:23, 312:24, 321:3, 323:14, 325:19, 332:25, 344:2, 347:1, 365:14, 413:1, 433:17, 433:18, 456:12 matters [8] - 18:22, 18:25, 46:18, 46:24, 201:9, 201:19, 334:15, 440:25 McNally [56] - 34:13, 34:17, 34:19, 34:25, 44:1, 44:3, 81:22, 81:25, 82:19, 83:2, 83:5, 84:14, 84:16, 92:7, 93:6, 95:14, 96:4, 123:19, 124:1, 129:12, 130:20, 130:24, 131:6, 134:25, 135:7, 137:19, 139:19, 139:20, 139:22, 140:2, 140:7, 273:15, 274:3, 274:5, 275:17, 275:24, 275:25, 276:13, 276:14, 276:19, 276:22, 276:25, 306:6, 307:13, 307:20, 308:4, 308:8, 308:16, 310:20, 316:21, 316:25, 325:24, 326:3, 333:1, 337:20, 456:11 McNally's [5] - 38:9, 44:4, 92:6, 123:2, 276:16 McPhee [3] - 3:5, 311:17, 312:11 mean [60] - 15:5, 54:8, 57:21, 61:3, 61:25, 75:12, 78:17, 87:23, 91:6, 96:19, 128:8, 140:3, 145:5, 157:11, 164:5, 164:6, 178:1, 178:3, 183:3, 185:4, 186:21, 190:24, 192:8, 192:15, 200:4, 201:7, 240:17, 256:11, 266:16, 267:2, 275:22, 276:1, 277:1, 291:21, 296:16, 314:7, 315:14, 324:18, 326:1, 338:3, 360:14, 362:2, 380:21, 389:17, 390:7, 396:7, 400:20, 401:21, 404:3, 422:22, 423:20, 432:19, 434:22, 436:11, 440:22, 445:6, 447:12, 451:16, 454:7, 454:9 meaning [1] - 262:14 meaningful [1] - 415:9 means [22] - 16:17, 18:18, 216:17, 218:9, 220:3, 222:7, 224:3, 325:5, 352:7, 361:23, 364:16, 389:8, 389:12, 389:17, 389:18, 389:20, 389:21, 390:7, 390:23, 393:12, 408:22, 410:18 meant [6] - 115:8, 238:10, 260:7, 324:4, 396:17, 407:7 measure [28] - 159:12, 184:10, 189:7, 214:2, 214:6, 214:10, 215:20, 220:16, 241:5, 292:16, 292:17, 318:18, 328:13, 363:21, 393:14, Page 30 to 30 of 54 393:17, 394:2, 394:6, 394:7, 399:5, 406:2, 411:2, 427:1, 427:5, 428:4, 432:10, 433:15, 447:1 measured [84] - 62:23, 160:1, 160:2, 160:4, 160:9, 160:10, 161:3, 161:4, 168:4, 168:5, 168:21, 168:22, 172:9, 172:11, 172:13, 174:8, 174:20, 174:25, 175:2, 176:14, 182:16, 182:18, 189:8, 189:16, 191:9, 191:11, 191:13, 192:21, 192:22, 200:21, 214:4, 221:5, 222:24, 238:11, 254:14, 254:21, 290:24, 293:24, 314:21, 318:15, 318:19, 318:21, 327:21, 349:12, 351:21, 353:2, 353:18, 353:20, 354:24, 356:23, 360:10, 362:10, 363:12, 365:3, 369:4, 370:2, 370:3, 382:2, 388:11, 388:18, 388:20, 389:2, 389:13, 389:22, 390:3, 390:22, 393:6, 397:20, 415:23, 415:24, 416:2, 416:8, 417:21, 417:23, 418:1, 418:4, 418:9, 421:21, 422:5, 449:24, 449:25 measurement [41] 161:17, 164:22, 175:4, 176:2, 176:22, 176:23, 180:10, 184:13, 187:2, 191:25, 192:6, 205:24, 206:22, 212:10, 213:19, 213:25, 216:9, 251:16, 366:1, 366:7, 375:8, 383:12, 387:15, 396:21, 397:10, 398:20, 404:20, 405:22, 411:1, 416:3, 418:12, Page 30 418:13, 421:18, 426:9, 426:11, 427:7, 428:6, 434:25, 437:21, 447:20 measurements [97] 159:4, 160:7, 161:9, 161:24, 169:20, 174:23, 181:4, 181:9, 184:1, 185:9, 186:20, 187:12, 189:18, 190:12, 190:14, 191:23, 192:4, 193:11, 193:12, 193:13, 193:18, 199:23, 204:22, 205:3, 206:4, 206:9, 207:11, 211:15, 212:20, 213:1, 213:7, 216:3, 221:13, 222:16, 222:23, 224:5, 224:6, 224:11, 225:2, 239:25, 240:1, 240:5, 251:23, 252:6, 290:13, 292:22, 295:3, 318:7, 328:20, 349:19, 358:5, 358:7, 361:14, 361:24, 364:6, 368:24, 368:25, 369:10, 372:5, 372:17, 375:14, 376:24, 391:19, 391:24, 394:17, 394:20, 394:24, 397:1, 397:3, 397:15, 403:21, 405:18, 408:10, 408:17, 409:14, 409:15, 415:18, 415:20, 417:5, 418:10, 421:24, 423:22, 423:23, 423:24, 424:8, 426:23, 426:25, 437:13, 438:20, 438:24, 438:25, 441:17, 443:7, 446:6, 449:22, 450:14, 454:12 measures [3] 186:13, 217:21, 239:16 measuring [8] - 189:9, 355:7, 386:15, 390:24, 393:9, 397:17, 416:6, 450:3 148 of 172 sheets mechanical [4] 346:11, 346:17, 346:22, 351:4 Mechanical [1] 347:14 Medalist [1] - 152:17 media [2] - 43:15, 423:1 meet [5] - 122:12, 122:13, 282:15, 297:21, 333:18 Mellon [1] - 412:11 member [8] - 195:1, 195:4, 195:5, 195:7, 195:8, 210:24, 268:23, 412:18 Member [1] - 98:14 members [4] - 155:14, 195:12, 346:25, 347:3 membership [1] 412:22 memoranda [1] 244:15 memorandum [1] 99:6 men [1] - 22:25 Menlo [1] - 346:1 mention [6] - 23:6, 26:7, 27:22, 64:3, 91:14, 91:15 mentioned [23] - 8:20, 21:11, 58:16, 61:20, 91:12, 111:13, 117:3, 153:12, 154:10, 168:1, 227:11, 277:19, 297:4, 306:14, 342:4, 350:9, 350:20, 350:21, 368:11, 371:24, 425:21, 432:5, 433:24 mentioning [1] - 91:22 merchandise [2] 83:22, 84:3 mere [1] - 16:22 message [16] 109:24, 111:11, 111:24, 125:25, 129:15, 132:15, 133:23, 135:6, 140:15, 141:2, 275:17, 275:21, 316:23, 338:2, 338:3, 338:5 messages [75] 43:20, 43:23, 43:24, 76:4, 89:25, 92:7, 100:11, 100:17, 149 of 172 sheets 100:23, 101:3, 101:7, 101:11, 101:16, 103:7, 104:3, 104:17, 107:17, 109:1, 109:5, 109:15, 110:2, 110:7, 110:8, 110:18, 110:22, 111:3, 112:1, 112:9, 112:13, 112:23, 112:24, 113:4, 113:5, 125:6, 126:19, 126:23, 127:4, 129:17, 130:3, 132:8, 132:9, 134:24, 135:4, 135:12, 135:15, 135:18, 136:3, 136:17, 137:23, 138:4, 138:6, 138:9, 138:13, 138:16, 139:12, 139:15, 139:20, 140:11, 140:19, 141:5, 141:7, 144:17, 310:14, 310:16, 310:21, 311:4, 311:14, 313:7, 317:2, 317:7, 332:18, 335:24, 337:19, 337:23 messed [1] - 350:2 met [9] - 82:2, 117:20, 118:1, 239:20, 240:12, 282:1, 282:2, 282:16, 434:13 methodology [3] 220:9, 348:20, 381:20 methods [1] - 356:4 Miami [3] - 311:16, 311:20, 322:10 Michael [1] - 155:11 Michigan [2] - 47:15, 151:5 middle [4] - 111:8, 131:18, 325:1, 369:9 might [25] - 20:14, 84:23, 142:4, 144:2, 183:13, 208:6, 262:22, 283:12, 296:14, 308:17, 312:4, 314:20, 317:4, 320:4, 327:18, 328:4, 329:7, 329:16, 336:13, 357:5, 366:18, 387:24, 392:7, 439:2, 455:19 Mike [3] - 229:20, 230:11, 230:18 millimeter [1] - 393:22 million [1] - 279:13 millions [1] - 342:8 mind [13] - 7:25, 20:21, 52:24, 85:18, 96:5, 115:9, 138:18, 154:8, 189:13, 189:15, 249:12, 416:25, 432:2 minds [3] - 14:13, 196:9, 196:11 mine [2] - 155:13, 409:2 minimum [9] - 35:7, 66:12, 168:12, 174:6, 174:7, 175:20, 180:5, 364:9, 376:2 minimus [1] - 179:22 Minnesota [7] - 23:10, 23:12, 41:10, 245:24, 246:2, 246:14, 255:13 minor [3] - 36:15, 36:16, 36:17 minus [2] - 257:4, 399:4 minute [30] - 19:4, 39:1, 126:4, 170:2, 170:8, 171:12, 171:16, 173:1, 175:8, 177:1, 177:2, 201:8, 201:9, 292:13, 343:20, 389:10, 390:15, 410:7, 410:10, 410:11, 410:13, 410:16, 410:18, 410:20 minutes [62] - 42:15, 99:25, 125:5, 126:5, 126:12, 129:24, 130:5, 130:22, 131:1, 131:2, 131:11, 131:25, 132:19, 132:20, 134:4, 134:6, 148:19, 149:2, 168:12, 168:15, 168:24, 172:15, 173:1, 173:2, 175:5, 177:6, 177:22, 179:6, 194:17, 226:9, 226:15, 229:15, 233:8, 233:24, 236:20, 236:21, 344:25, 388:11, 388:20, Page 31 to 31 of 54 389:3, 389:14, 389:17, 389:23, 390:4, 390:13, 390:16, 390:17, 391:20, 395:22, 399:2, 399:14, 400:15, 405:23, 406:11, 406:12, 408:11, 408:18, 409:9, 410:1, 418:11, 421:21 mischaracterizes [1] 415:1 mischaracterizing [3] - 255:22, 255:23, 266:19 misconduct [2] 247:9, 322:18 misdemeanor [1] 151:23 misidentified [1] 423:6 misinterpretation [1] 426:5 misread [1] - 264:11 misses [1] - 446:11 missing [3] - 19:20, 299:18, 430:7 misstatement [1] 390:1 mistake [8] - 185:22, 221:19, 285:25, 365:19, 372:1, 422:25, 423:2, 423:13 mistaken [1] - 297:18 mistakes [2] - 423:3, 444:19 mitt [1] - 56:23 mixed [4] - 371:6, 371:10, 419:3, 423:9 mixup [1] - 306:19 mobile [2] - 102:5, 102:8 mode [2] - 371:6, 371:10 model [65] - 166:14, 166:15, 166:18, 198:14, 198:16, 198:18, 198:19, 198:21, 201:2, 201:11, 201:14, 201:17, 202:10, 202:11, 202:13, 202:15, 202:19, 202:22, 203:1, 203:6, 204:14, 210:19, 210:20, 210:24, 212:3, 212:17, 213:5, Page 31 213:13, 328:19, 328:21, 328:22, 329:1, 360:13, 414:4, 419:4, 423:7, 423:8, 423:9, 424:3, 425:1, 425:5, 425:10, 425:12, 428:15, 428:17, 428:19, 428:22, 428:24, 429:5, 429:6, 429:10, 429:13, 429:19, 430:6, 442:15, 443:22, 449:8, 450:4, 450:8, 450:12 models [2] - 151:14, 349:20 moisten [2] - 53:16, 120:6 moisture [8] - 171:19, 174:9, 178:19, 178:22, 178:24, 179:8, 180:19, 190:2 moment [8] - 44:17, 138:25, 153:24, 221:23, 289:16, 350:12, 366:16, 399:7 money [4] - 287:15, 329:15, 342:6 monitor [1] - 393:22 monitored [2] 352:13 Monitoring [1] - 398:6 monitoring [4] 352:8, 397:25, 398:9 Montana [1] - 48:9 month [2] - 68:19, 88:21 months [4] - 103:20, 125:10, 125:14, 125:21 Moore [4] - 155:11, 155:25, 156:7, 195:13 more-than-adequate [1] - 41:1 morning [24] - 6:5, 6:8, 6:11, 6:16, 6:23, 7:16, 7:18, 47:11, 74:13, 74:14, 78:8, 92:9, 92:21, 100:8, 100:9, 126:1, 126:18, 126:24, 131:19, 132:1, 133:23, 134:3, 144:22, 261:9 most [47] - 16:2, 19:7, 20:23, 31:5, 32:8, 39:9, 64:13, 76:7, 06/25/2015 03:43:11 PM 76:24, 80:3, 162:10, 162:17, 162:21, 164:3, 173:21, 189:4, 199:11, 199:14, 199:17, 199:22, 200:2, 200:3, 200:4, 222:22, 228:22, 235:23, 235:24, 304:18, 317:14, 324:22, 325:3, 330:7, 357:23, 363:7, 371:2, 374:1, 374:5, 393:4, 406:10, 407:21, 408:10, 423:10, 426:20, 431:1, 431:10, 442:2, 455:12 Most [1] - 409:8 mostly [3] - 141:22, 141:25, 442:6 motivated [1] - 160:21 motivates [1] - 178:12 motive [1] - 278:8 move [12] - 124:21, 148:23, 149:6, 149:15, 211:5, 211:6, 219:12, 242:18, 272:1, 385:24, 387:25, 428:8 moved [5] - 8:4, 129:8, 149:24, 175:4, 328:8 movement [2] - 12:2, 382:7 moving [1] - 165:23 MR [243] - 5:4, 5:5, 5:8, 7:4, 7:10, 7:12, 7:14, 7:15, 7:16, 7:19, 28:17, 42:14, 47:1, 47:3, 47:10, 48:10, 52:6, 52:25, 62:7, 62:8, 65:20, 65:22, 66:4, 66:23, 89:8, 91:19, 97:14, 97:15, 97:16, 98:2, 98:5, 98:20, 98:22, 99:16, 100:2, 100:4, 100:7, 104:6, 105:13, 111:20, 112:10, 112:15, 112:18, 112:19, 124:20, 135:25, 136:2, 136:7, 136:11, 136:16, 136:20, 138:25, 139:2, 139:5, 139:7, 143:8, 143:10, 06/25/2015 03:43:11 PM 143:13, 145:21, 145:22, 148:5, 148:8, 148:11, 148:15, 148:17, 148:20, 148:22, 148:23, 149:4, 149:5, 150:1, 150:3, 150:6, 150:13, 192:13, 194:14, 194:15, 194:17, 194:21, 198:23, 203:15, 203:17, 222:1, 225:17, 225:18, 225:22, 226:7, 226:14, 226:20, 227:5, 227:9, 227:15, 227:17, 227:25, 233:15, 242:13, 242:18, 242:19, 243:11, 246:8, 247:16, 247:19, 247:21, 249:16, 251:5, 251:8, 255:7, 255:8, 255:10, 255:23, 256:25, 257:2, 259:13, 259:14, 259:16, 260:17, 260:18, 260:19, 260:21, 260:25, 261:8, 265:9, 265:20, 265:23, 266:9, 266:18, 266:20, 268:5, 268:13, 271:1, 271:6, 271:7, 271:22, 271:24, 277:16, 278:23, 279:1, 279:2, 279:4, 294:16, 294:17, 294:18, 295:11, 295:19, 298:7, 298:8, 298:10, 318:2, 318:4, 321:18, 321:22, 321:24, 322:1, 340:15, 340:17, 340:18, 340:20, 342:15, 342:17, 342:18, 342:22, 342:23, 343:2, 343:3, 343:13, 343:14, 343:15, 343:20, 343:21, 343:23, 343:24, 344:16, 344:18, 344:19, 344:22, 344:23, 344:25, 345:2, 345:8, 373:8, 373:10, 380:2, 380:3, 385:25, 386:1, 392:16, 395:16, 395:24, 400:19, 400:22, 401:3, 401:4, 401:5, 401:18, 401:21, 401:25, 402:6, 402:8, 402:14, 402:17, 402:19, 402:21, 408:1, 408:2, 408:5, 409:7, 409:12, 409:16, 411:13, 411:15, 411:16, 411:17, 411:23, 427:15, 427:16, 427:19, 436:8, 437:23, 438:1, 438:4, 439:9, 439:10, 439:11, 439:13, 439:20, 448:11, 448:13, 449:13, 450:9, 453:25, 454:17, 454:19, 454:21, 455:23, 455:24, 456:2, 456:3, 456:4, 456:13, 456:21, 457:1, 457:2, 457:3 MS [1] - 198:25 multidisciplinary [1] 413:4 multiple [10] - 54:21, 89:14, 188:19, 231:24, 232:3, 351:16, 423:8, 429:3 multiples [1] - 379:2 multivariable [2] 370:25, 371:5 Murphy [1] - 152:17 must [6] - 92:17, 275:19, 275:25, 276:25, 316:25, 334:10 mutual [1] - 55:10 N N.W [2] - 2:21, 3:21 name [15] - 47:12, 81:24, 82:24, 84:5, 93:8, 123:2, 150:14, 150:16, 228:1, 261:10, 281:12, 345:9, 373:14, 411:24, 439:21 named [2] - 84:15, 307:5 names [1] - 82:15 narrowly [1] - 335:25 Nash [13] - 42:16, 42:21, 44:8, 44:13, Page 32 to 32 of 54 44:15, 45:14, 45:19, 61:19, 66:7, 91:17, 255:11, 321:23, 340:15 NASH [39] - 2:22, 5:5, 28:17, 98:2, 148:17, 148:22, 243:11, 246:8, 247:19, 251:8, 255:7, 255:23, 259:14, 259:16, 260:17, 265:9, 265:20, 265:23, 266:18, 268:5, 271:1, 271:22, 278:23, 279:2, 294:18, 295:19, 298:7, 298:10, 321:24, 322:1, 340:17, 342:22, 343:2, 343:13, 344:18, 344:22, 380:2, 436:8, 457:1 Nash's [2] - 44:22, 200:5 NATIONAL [6] - 1:1, 2:3, 2:15, 2:20, 3:3, 3:9 National [4] - 1:14, 228:7, 256:20, 257:20 Natural [2] - 353:18, 393:25 natural [19] - 17:1, 247:6, 290:14, 314:14, 351:17, 373:23, 388:1, 388:14, 388:21, 389:5, 389:10, 389:24, 390:6, 390:21, 392:19, 403:14, 404:13, 408:20, 455:12 naturally [1] - 164:12 nature [3] - 152:21, 337:2, 439:6 navigate [2] - 193:23, 193:24 NBA [1] - 322:12 near [2] - 223:1, 438:17 nearly [3] - 55:7, 417:14, 419:12 necessarily [3] 76:20, 286:1, 433:21 necessary [4] - 7:1, 7:12, 14:19, 343:18 Ned [2] - 311:18, 335:5 need [21] - 7:9, 20:10, Page 32 27:6, 70:15, 85:9, 133:5, 238:4, 238:7, 247:5, 248:23, 249:6, 268:3, 282:4, 283:10, 288:11, 288:20, 297:21, 309:7, 328:3, 339:22, 415:2 needed [7] - 134:17, 280:7, 282:13, 283:3, 309:4, 348:4, 348:11 needle [3] - 328:14, 351:9, 351:13 needles [2] - 136:4, 350:8 needs [4] - 19:10, 41:18, 142:8, 179:18 negative [1] - 18:16 negatively [1] - 154:20 neighborhood [1] 420:13 nervous [3] - 78:21, 79:1, 281:23 neutrally [1] - 188:10 never [58] - 11:8, 11:12, 11:13, 12:10, 12:17, 14:23, 15:17, 18:2, 22:12, 22:19, 23:8, 25:7, 25:9, 34:16, 50:20, 50:24, 55:14, 61:11, 70:22, 70:23, 71:15, 96:15, 115:5, 115:7, 115:9, 116:7, 116:13, 119:19, 119:20, 121:12, 122:10, 130:15, 137:4, 137:6, 137:9, 137:10, 139:22, 229:23, 231:11, 237:3, 251:3, 275:3, 275:4, 275:5, 295:22, 295:25, 334:24, 369:8, 376:14, 378:24, 442:19, 445:22, 449:7, 449:10, 450:6, 453:13 nevertheless [1] 182:1 New [35] - 1:16, 2:4, 2:11, 2:12, 2:16, 2:21, 3:10, 3:16, 6:1, 24:3, 47:7, 47:19, 61:13, 61:16, 82:8, 150:10, 227:22, 261:5, 280:19, 280:24, 300:9, 330:6, 330:19, 150 of 172 sheets 345:5, 411:20, 439:17, 457:8 new [30] - 7:22, 9:19, 40:3, 45:24, 46:17, 49:9, 53:18, 68:23, 69:12, 69:21, 70:15, 70:24, 76:13, 88:11, 88:19, 105:19, 106:8, 106:12, 106:25, 108:17, 218:21, 219:5, 219:7, 219:8, 255:21, 377:17, 378:17, 379:5, 379:7, 401:6 NEW [1] - 1:24 news [1] - 142:14 next [59] - 12:22, 51:1, 58:2, 58:5, 61:18, 71:22, 72:5, 79:18, 92:13, 102:17, 127:4, 131:2, 131:8, 134:23, 148:22, 150:6, 159:19, 160:12, 161:10, 162:12, 163:14, 166:3, 169:2, 169:3, 174:2, 174:10, 175:13, 176:24, 177:3, 181:13, 183:24, 184:15, 187:5, 187:14, 226:4, 239:18, 248:1, 258:23, 260:25, 279:22, 280:19, 281:2, 281:3, 282:16, 293:22, 333:5, 334:4, 334:5, 336:6, 342:17, 343:15, 351:8, 351:17, 355:3, 385:24, 409:12, 411:16, 428:14, 451:1 NFL [94] - 2:10, 4:8, 4:13, 5:13, 5:20, 9:5, 14:4, 18:4, 20:12, 20:24, 21:1, 22:3, 24:4, 25:10, 28:5, 40:13, 46:6, 47:16, 47:21, 48:20, 58:18, 62:3, 65:12, 66:11, 77:4, 87:13, 87:15, 87:18, 99:18, 104:12, 105:10, 111:5, 113:10, 113:13, 113:21, 114:5, 139:6, 191:11, 218:1, 226:8, 231:7, 234:2, 151 of 172 sheets 234:10, 237:23, 238:25, 248:21, 249:15, 253:25, 258:14, 261:21, 261:24, 263:11, 263:15, 264:1, 264:12, 265:3, 266:8, 266:11, 266:15, 266:21, 266:25, 267:15, 270:7, 270:17, 270:18, 271:11, 271:12, 271:16, 279:16, 298:2, 309:18, 310:14, 311:2, 311:3, 321:1, 321:8, 321:11, 322:10, 324:16, 324:23, 325:13, 331:18, 337:4, 339:13, 339:14, 343:25, 344:3, 344:7, 344:14, 344:23, 376:22, 376:24, 378:11 NFL's [2] - 10:25, 45:10 NFLPA [24] - 7:20, 62:3, 64:18, 78:6, 101:22, 104:6, 104:12, 106:23, 150:6, 226:2, 226:3, 237:17, 242:5, 248:2, 252:11, 253:13, 254:5, 255:11, 300:20, 334:12, 334:13, 335:6, 359:16 nice [1] - 333:18 nickname [1] - 92:6 night [9] - 67:5, 67:9, 71:6, 71:11, 71:12, 71:13, 92:16, 93:5, 306:24 nine [3] - 131:11, 152:15, 152:25 nine-year [2] - 152:15, 152:25 Nobel [3] - 152:16, 188:21, 330:15 nobody [5] - 16:12, 235:2, 235:9, 291:3, 320:4 noise [1] - 413:17 nominal [1] - 426:23 non [76] - 17:11, 161:25, 184:22, 185:2, 186:7, 186:9, 186:12, 186:24, 188:1, 217:8, 221:10, 221:17, 221:22, 232:11, 232:15, 241:7, 291:17, 291:22, 293:1, 294:8, 295:5, 296:4, 301:7, 301:13, 301:21, 301:25, 303:1, 303:6, 316:9, 323:25, 355:5, 355:11, 356:12, 364:4, 365:13, 366:15, 366:17, 366:22, 366:24, 367:3, 367:7, 368:19, 369:1, 369:5, 375:1, 375:6, 377:21, 378:23, 379:4, 392:1, 392:5, 392:10, 392:16, 403:1, 403:12, 403:17, 404:6, 404:7, 404:9, 404:11, 404:25, 405:2, 405:12, 408:7, 408:8, 408:20, 410:4, 414:4, 419:6, 421:19, 426:17, 435:4, 435:15, 447:7, 447:9, 447:14 non-factors [1] 356:12 non-logo [73] - 17:11, 161:25, 184:22, 185:2, 186:7, 186:9, 186:12, 186:24, 188:1, 217:8, 221:10, 221:17, 221:22, 232:11, 232:15, 241:7, 291:17, 291:22, 293:1, 294:8, 295:5, 296:4, 301:7, 301:13, 301:21, 301:25, 303:1, 303:6, 316:9, 323:25, 355:5, 355:11, 364:4, 365:13, 366:15, 366:17, 366:22, 366:24, 367:3, 367:7, 368:19, 369:1, 369:5, 375:1, 375:6, 377:21, 378:23, 379:4, 392:1, 392:5, 392:10, 392:16, 403:1, 403:12, 403:17, 404:6, 404:7, 404:9, Page 33 to 33 of 54 404:11, 404:25, 405:2, 405:12, 408:7, 408:8, 408:20, 410:4, 414:4, 419:6, 421:19, 426:17, 447:7, 447:9, 447:14 non-significance [2] 435:4, 435:15 none [18] - 12:3, 13:12, 16:4, 18:19, 44:1, 90:8, 136:5, 144:8, 174:21, 239:11, 239:15, 240:18, 240:19, 321:9, 323:18, 356:8, 356:18, 451:24 nonscientific [1] 16:15 nonsignificant [2] 425:22, 425:25 normal [8] - 77:14, 83:13, 88:4, 98:5, 108:10, 123:11, 255:4, 284:7 normally [5] - 68:13, 72:2, 72:22, 80:18, 88:8 Northwestern [1] 155:12 Notary [8] - 47:6, 150:9, 227:21, 261:4, 345:4, 411:19, 439:16, 457:7 NOTARY [1] - 1:24 note [16] - 8:13, 8:24, 11:5, 21:9, 21:10, 27:14, 27:21, 28:12, 97:17, 160:20, 226:7, 237:7, 242:9, 254:7, 334:6, 337:10 noted [3] - 76:2, 226:15, 327:5 notes [15] - 8:21, 79:19, 238:25, 244:14, 258:15, 259:1, 298:14, 298:18, 299:3, 299:20, 320:17, 320:20, 321:10, 395:18, 457:10 noteworthy [1] 152:14 nothing [28] - 9:12, 13:8, 15:5, 26:15, 42:25, 85:2, 97:21, 139:1, 145:21, 145:22, 171:13, Page 33 173:7, 173:9, 215:5, 225:17, 225:18, 247:17, 258:3, 260:18, 269:20, 304:10, 310:8, 373:8, 408:1, 439:9, 439:10, 448:11, 455:23 notice [25] - 9:4, 21:14, 21:15, 21:21, 22:2, 22:4, 26:20, 26:24, 27:7, 27:8, 27:10, 32:6, 32:22, 35:9, 35:24, 36:11, 45:21, 46:1, 46:23, 72:14, 78:7, 257:24, 335:10, 355:16, 381:22 noticed [1] - 13:4 noting [1] - 242:11 notion [3] - 422:25, 427:6, 453:8 November [9] - 24:7, 102:20, 103:2, 103:8, 103:10, 103:23, 104:15, 112:21, 248:4 nuanced [1] - 288:7 nub [1] - 53:12 nubby [1] - 53:10 nubs [2] - 53:10, 53:11 Number [10] - 111:9, 111:19, 162:6, 162:8, 176:10, 176:11, 222:2, 222:13, 365:17, 367:16 number [51] - 14:22, 43:5, 44:5, 58:12, 62:3, 83:15, 86:5, 88:23, 88:25, 89:6, 89:7, 89:11, 103:19, 114:16, 114:24, 114:25, 115:10, 115:12, 116:1, 124:6, 126:16, 129:11, 161:17, 176:13, 183:10, 184:10, 190:20, 190:24, 191:1, 208:19, 224:10, 293:14, 299:9, 304:4, 319:7, 339:14, 339:16, 350:16, 361:11, 363:15, 363:20, 364:18, 365:18, 374:12, 387:1, 390:9, 415:11, 06/25/2015 03:43:11 PM 415:12, 446:4 numbers [18] 161:20, 161:21, 163:11, 219:20, 241:10, 241:12, 283:20, 283:21, 287:6, 287:8, 287:13, 287:17, 320:12, 329:18, 364:22, 365:7, 371:2, 438:18 Numbers [1] - 104:12 Numeral [1] - 124:24 numeral [1] - 327:5 numerical [1] - 418:2 numerous [3] - 37:25, 76:14, 378:11 NW [1] - 3:3 O oath [6] - 11:11, 149:13, 255:20, 379:20, 379:25, 385:15 object [4] - 265:9, 266:5, 266:18, 268:5 objection [10] - 8:7, 136:7, 150:1, 243:11, 246:8, 255:23, 265:12, 271:22, 278:23, 380:2 Objection [2] - 436:8, 450:9 objections [1] - 7:9 objective [3] - 284:13, 323:11, 348:16 objectivity [1] 348:17 obligated [1] - 334:12 obligation [1] - 15:18 observation [5] 252:8, 271:8, 287:23, 370:8, 447:4 observations [15] 191:2, 224:12, 225:7, 251:22, 274:5, 287:1, 350:4, 368:15, 390:10, 407:17, 422:15, 437:5, 437:8, 437:15, 439:7 observe [1] - 146:11 observed [13] 174:22, 205:4, 205:25, 206:11, 212:18, 213:6, 221:12, 270:6, 294:3, 355:25, 06/25/2015 03:43:11 PM 413:17, 431:21, 442:8 observing [1] - 119:23 obtained [1] - 225:9 obvious [1] - 415:17 Obviously [1] - 437:4 obviously [20] - 6:20, 6:23, 7:1, 14:6, 20:23, 28:20, 31:21, 58:25, 61:24, 76:10, 79:1, 90:19, 95:10, 123:11, 135:18, 137:18, 152:20, 416:7, 444:19, 447:12 occupation [2] 228:5, 261:12 occur [1] - 406:19 occurred [20] - 10:9, 32:20, 108:22, 111:12, 167:9, 167:21, 206:5, 208:24, 208:25, 210:15, 357:24, 358:1, 385:5, 385:7, 393:4, 408:10, 408:18, 408:19, 409:9 occurs [1] - 174:20 October [5] - 52:5, 52:12, 62:11, 62:13, 70:13 OF [3] - 1:3, 1:24 offense [7] - 26:11, 26:13, 26:20, 236:13, 384:17, 385:2, 385:9 offer [2] - 182:12, 190:15 offered [1] - 98:6 office [10] - 128:19, 133:11, 146:20, 146:21, 146:23, 247:7, 247:14, 248:13, 333:20, 345:25 official [9] - 192:12, 192:15, 236:6, 241:5, 319:13, 319:23, 388:12, 389:4, 390:5 Official [3] - 160:2, 160:3, 191:11 officially [1] - 412:17 officials [29] - 35:10, 60:3, 61:7, 160:4, 161:2, 161:19, 189:5, 190:7, 191:22, 192:20, 222:25, 229:7, 230:15, 230:22, 232:13, 248:9, 249:2, 251:19, 251:25, 252:3, 252:4, 252:5, 254:9, 254:13, 254:20, 310:14, 391:7, 407:16, 415:24 officials' [5] - 121:25, 122:5, 123:20, 358:2, 406:8 officiating [2] 192:16, 229:2 often [1] - 88:8 oily [1] - 55:7 old [10] - 45:25, 46:2, 53:4, 55:12, 56:25, 69:3, 128:6, 379:8, 379:16, 380:6 older [6] - 219:4, 219:5, 296:12, 379:18, 379:21, 380:5 once [15] - 50:25, 52:1, 116:13, 125:19, 125:21, 148:1, 171:15, 172:13, 177:14, 252:20, 332:8, 401:19, 441:25 one [208] - 6:10, 8:13, 12:11, 13:3, 14:4, 15:13, 15:24, 16:2, 16:19, 18:21, 18:22, 20:23, 21:11, 21:16, 22:3, 22:18, 25:13, 26:17, 30:15, 41:17, 42:1, 42:16, 45:15, 49:11, 49:20, 52:3, 52:9, 54:7, 54:23, 56:7, 56:15, 60:21, 64:5, 66:7, 75:15, 77:10, 80:7, 84:14, 91:7, 91:20, 93:18, 93:19, 94:9, 94:10, 94:12, 94:14, 97:12, 100:15, 100:21, 101:2, 124:16, 126:4, 129:8, 130:5, 130:13, 135:10, 135:17, 138:25, 139:19, 143:10, 144:15, 144:17, 144:23, 152:14, 153:9, 153:22, 157:18, 160:20, 161:6, 161:16, 162:1, 171:20, 180:7, 180:9, 186:4, 188:4, 189:4, 195:6, Page 34 to 34 of 54 196:9, 209:9, 216:15, 218:17, 220:9, 223:5, 226:9, 229:6, 230:16, 232:2, 232:3, 232:5, 237:6, 237:8, 237:11, 238:21, 239:18, 240:13, 240:15, 240:21, 240:23, 240:25, 241:23, 243:22, 246:19, 246:20, 247:25, 249:14, 249:18, 251:17, 251:25, 253:9, 255:18, 256:12, 256:15, 258:18, 260:16, 264:9, 269:23, 270:10, 271:13, 272:16, 273:1, 274:1, 275:15, 283:22, 288:18, 288:23, 289:2, 289:8, 290:16, 291:11, 294:20, 294:24, 296:5, 298:7, 299:22, 301:13, 301:18, 304:18, 307:9, 315:1, 315:19, 316:14, 317:15, 322:6, 323:4, 325:1, 330:7, 335:11, 338:2, 343:21, 343:24, 349:7, 350:20, 352:5, 352:15, 361:19, 365:19, 367:14, 368:14, 369:15, 370:24, 371:24, 374:19, 376:23, 378:20, 378:23, 379:1, 380:25, 381:2, 381:5, 381:9, 381:11, 381:15, 385:24, 386:22, 387:3, 387:25, 390:15, 395:14, 396:1, 397:6, 416:19, 416:25, 421:7, 421:19, 426:14, 426:18, 427:3, 428:20, 428:24, 429:5, 429:10, 430:16, 432:2, 433:11, 436:24, 437:2, 437:12, 437:15, 437:20, 438:1, 441:12, 445:7, 451:1 Page 34 one-structured [3] 428:24, 429:5, 429:10 ones [14] - 76:16, 94:14, 140:23, 141:8, 148:2, 152:14, 154:14, 240:5, 291:10, 345:24, 356:9, 381:12, 384:22, 437:2 op [1] - 330:19 op-ed [1] - 330:19 open [3] - 7:25, 20:21, 455:19 OPENING [1] - 5:3 opening [6] - 7:13, 8:3, 61:19, 100:11, 200:5, 315:17 operated [1] - 313:3 operating [1] - 308:21 Operations [10] - 18:7, 24:13, 24:22, 25:1, 25:7, 228:7, 228:10, 231:8, 249:25, 250:20 operations [1] 228:13 opinion [11] - 16:12, 264:24, 323:3, 323:11, 324:7, 324:8, 324:9, 324:15, 374:22, 374:23, 452:4 opinions [2] - 264:18, 267:3 opportunity [5] - 7:20, 30:1, 211:10, 221:7, 448:2 opposed [7] - 77:14, 77:15, 81:6, 362:10, 368:19, 387:3, 435:18 opposite [3] - 292:8, 422:7, 430:25 Ops [1] - 307:7 options [3] - 188:1, 188:3, 315:19 oral [1] - 268:17 orally [1] - 269:2 oranges [2] - 361:21, 373:1 order [37] - 17:9, 20:16, 41:12, 176:18, 211:14, 211:21, 212:9, 212:17, 212:20, 213:1, 213:4, 213:7, 213:18, 230:15, 243:8, 282:1, 290:9, 152 of 172 sheets 344:23, 369:21, 397:21, 407:13, 415:21, 415:23, 416:3, 416:7, 419:12, 425:3, 425:4, 425:9, 425:12, 425:13, 425:20, 425:22, 429:21, 431:15, 438:7 orderly [2] - 251:14, 251:17 ordinarily [1] - 25:3 ordinary [1] - 108:15 organization [5] 63:24, 97:7, 143:5, 151:10 organize [1] - 161:8 organized [3] 157:14, 161:14, 162:5 oriented [2] - 49:24, 347:16 original [9] - 18:7, 68:20, 70:12, 151:24, 152:6, 210:18, 210:20, 210:24, 337:13 originally [2] - 395:4, 415:3 otherwise [2] 265:11, 315:12 ought [1] - 305:25 ourselves [1] - 348:11 outcome [12] - 186:3, 215:22, 220:2, 220:3, 222:10, 284:12, 363:23, 364:25, 365:10, 365:11, 365:16, 447:3 outdoor [1] - 447:20 outer [1] - 409:23 outfit [1] - 281:9 outraged [1] - 280:21 outset [2] - 8:14, 348:6 outside [12] - 28:6, 164:8, 164:9, 221:6, 234:16, 292:15, 292:19, 307:9, 307:18, 309:1, 322:20, 369:13 outstanding [1] 109:4 overall [8] - 41:17, 162:16, 286:1, 395:15, 396:16, 402:11, 404:22, 405:17 153 of 172 sheets overinflated [3] - 94:3, 115:17, 120:9 overlap [5] - 403:11, 404:19, 409:17, 409:19, 409:22 overlaps [1] - 405:20 overlay [2] - 358:21, 382:25 overreact [1] - 248:24 overruled [2] - 452:5, 455:4 oversee [1] - 6:20 overseeing [2] 228:13, 262:3 overstating [1] - 444:7 overturn [1] - 46:11 overturning [1] - 7:23 overturns [1] - 21:20 overview [1] - 153:13 own [15] - 73:25, 156:1, 156:17, 201:11, 201:13, 206:17, 220:9, 223:10, 232:24, 237:21, 244:14, 246:15, 285:10, 346:10, 442:10 owners [2] - 22:10, 250:23 P p-factor [1] - 369:17 p-value [17] - 166:6, 166:23, 168:13, 177:12, 177:14, 177:23, 177:24, 179:9, 179:11, 222:5, 222:7, 418:20, 419:20, 420:4, 420:15, 424:23, 425:23 p-value's [2] - 166:13, 420:12 p-values [6] - 166:19, 381:24, 417:15, 418:24, 419:13, 432:14 p.m [15] - 111:12, 111:25, 112:1, 149:3, 194:19, 260:24, 345:1, 395:25, 457:5 packers [4] - 248:5, 254:12, 254:18, 254:24 page [93] - 26:2, 62:4, 78:5, 91:25, 94:8, 94:13, 105:16, 111:7, 111:8, 111:16, 111:17, 115:18, 124:23, 125:24, 126:15, 127:1, 127:2, 129:4, 129:10, 129:14, 129:21, 130:19, 131:8, 131:18, 132:6, 132:17, 132:18, 133:22, 139:10, 144:19, 162:14, 200:15, 201:12, 205:19, 208:19, 208:21, 222:1, 222:13, 222:19, 224:13, 224:18, 224:19, 224:23, 225:1, 238:20, 239:3, 240:2, 258:16, 259:3, 262:25, 263:9, 264:7, 272:2, 273:8, 273:9, 277:10, 286:3, 287:3, 298:12, 298:22, 298:23, 298:24, 300:19, 300:21, 318:10, 326:23, 326:25, 327:4, 330:14, 333:7, 333:13, 333:14, 337:25, 350:15, 350:16, 353:7, 354:12, 355:10, 367:15, 382:23, 388:8, 392:7, 397:11, 402:23, 403:25, 408:6 PAGE [1] - 5:3 Page [2] - 212:13, 430:4 pages [4] - 104:15, 299:5, 320:24, 338:1 paid [7] - 158:5, 278:21, 278:25, 279:5, 279:6, 279:14, 342:9 pair [1] - 62:11 pairs [1] - 225:2 Panda [3] - 62:12, 62:16, 277:19 panel [1] - 88:16 panels [1] - 196:8 panthers [2] - 246:13, 259:25 paper [7] - 59:9, 59:20, 59:24, 119:4, 153:17, 153:18, 264:21 paperwork [2] Page 35 to 35 of 54 247:12, 247:13 paragraph [31] - 28:3, 36:2, 102:5, 102:11, 102:18, 107:1, 111:10, 111:23, 200:16, 205:20, 224:20, 225:1, 242:21, 242:22, 242:23, 263:10, 273:10, 300:23, 327:1, 327:4, 327:22, 334:4, 334:5, 334:19, 337:9, 348:25, 355:11, 355:22, 356:15, 356:24, 357:17 parameters [4] 184:5, 205:10, 362:16, 362:17 pardon [2] - 144:17, 144:21 Park [5] - 1:15, 2:3, 2:15, 3:10, 346:1 parroted [1] - 280:6 parse [2] - 41:19, 41:21 Part [1] - 449:20 part [40] - 15:8, 34:7, 50:10, 82:10, 118:15, 138:3, 138:6, 151:20, 152:8, 152:10, 174:14, 182:18, 182:20, 200:2, 212:12, 218:14, 219:1, 219:15, 286:14, 286:18, 315:23, 320:6, 347:7, 352:1, 362:8, 384:11, 395:14, 396:10, 396:14, 396:15, 396:24, 403:9, 417:1, 421:16, 423:5, 426:4, 431:5, 442:2, 449:21, 455:3 part-time [1] - 82:10 partially [1] - 206:24 participate [3] 237:22, 452:2, 456:25 participated [3] 10:15, 273:23, 287:1 particle [5] - 440:20, 440:23, 448:19, 448:24, 449:3 particular [28] - 30:9, 30:20, 49:23, 54:23, 55:8, 80:22, 88:12, Page 35 114:25, 115:23, 116:23, 129:7, 133:4, 147:20, 211:19, 218:22, 228:24, 230:14, 242:23, 243:20, 245:11, 259:25, 276:9, 284:9, 323:17, 346:9, 401:5, 440:18, 449:11 particularly [10] 6:13, 8:11, 12:10, 16:3, 158:1, 191:20, 327:13, 334:14, 345:24, 346:15 parties [2] - 98:7, 456:5 partly [3] - 57:9, 194:4, 194:5 partner [1] - 261:13 partners [1] - 324:13 parts [2] - 41:19, 220:7 PASH [1] - 2:5 Pash [21] - 261:20, 262:3, 262:5, 262:7, 263:15, 264:2, 264:10, 265:1, 265:5, 266:1, 266:7, 267:6, 267:7, 267:10, 267:25, 268:7, 268:16, 269:8, 269:14, 310:2, 310:8 Pash's [3] - 265:25, 266:12, 269:14 pass [1] - 150:4 passed [1] - 370:4 passer [1] - 135:3 passing [1] - 73:18 past [10] - 23:7, 60:22, 77:18, 84:21, 196:3, 196:12, 210:25, 249:20, 334:8, 376:22 path [1] - 165:21 patience [1] - 457:3 Patrick [1] - 47:13 Patriots [131] - 24:7, 29:25, 31:18, 33:3, 47:19, 47:23, 48:1, 51:6, 51:12, 51:18, 60:8, 61:7, 63:24, 74:10, 75:2, 82:5, 97:7, 118:25, 121:13, 121:21, 122:4, 129:1, 143:5, 144:9, 145:9, 160:15, 160:22, 06/25/2015 03:43:11 PM 161:15, 168:16, 176:19, 180:10, 189:25, 199:25, 200:20, 215:25, 216:8, 217:2, 217:10, 217:13, 217:23, 218:6, 221:12, 222:23, 229:12, 236:1, 236:6, 236:19, 238:2, 243:2, 248:5, 252:15, 252:16, 262:10, 263:16, 269:19, 273:14, 273:17, 293:4, 293:8, 293:9, 293:16, 293:20, 293:24, 294:2, 294:3, 294:7, 295:4, 295:8, 295:22, 296:3, 297:3, 297:5, 300:9, 307:8, 307:19, 310:23, 313:14, 314:4, 314:24, 320:8, 327:10, 329:6, 329:7, 330:13, 332:3, 332:6, 332:8, 332:12, 340:12, 349:5, 354:19, 354:23, 356:5, 356:11, 358:5, 358:15, 362:11, 364:8, 364:14, 368:7, 376:1, 376:4, 376:8, 383:4, 383:6, 383:15, 385:1, 385:13, 386:9, 388:9, 389:1, 396:10, 396:18, 398:14, 399:16, 399:17, 403:18, 403:21, 419:9, 419:15, 419:24, 420:1, 424:7, 424:10, 424:12, 432:21, 438:24, 450:22, 455:2 Patriots' [140] - 11:22, 16:20, 18:24, 34:3, 144:10, 155:7, 159:4, 159:12, 159:16, 160:1, 160:9, 161:4, 162:22, 163:7, 163:12, 163:17, 164:4, 164:7, 167:9, 167:20, 168:4, 168:21, 169:20, 171:8, 171:25, 174:9, 174:25, 06/25/2015 03:43:11 PM 175:2, 176:13, 176:15, 176:22, 178:15, 181:5, 181:7, 182:11, 183:14, 183:15, 183:22, 184:1, 185:15, 185:18, 187:17, 189:7, 192:22, 193:11, 193:13, 197:8, 200:16, 205:5, 206:11, 208:23, 215:15, 215:20, 216:20, 217:15, 218:24, 219:3, 222:24, 225:2, 235:13, 236:23, 239:10, 240:17, 253:2, 287:8, 289:5, 290:13, 318:22, 318:23, 319:14, 328:1, 350:22, 358:24, 362:4, 363:22, 365:10, 367:23, 368:18, 369:4, 370:1, 373:24, 376:16, 382:3, 382:15, 382:16, 382:21, 384:24, 387:2, 387:12, 387:17, 388:2, 388:4, 388:10, 388:18, 388:19, 389:2, 389:9, 389:22, 390:2, 390:22, 391:25, 396:2, 396:4, 398:18, 403:7, 404:20, 406:3, 406:7, 408:10, 408:17, 409:14, 409:20, 409:23, 414:8, 415:24, 417:22, 418:9, 418:13, 418:14, 418:16, 419:19, 421:18, 421:20, 421:24, 423:23, 434:24, 438:19, 438:21, 438:25, 439:7, 442:23, 446:23, 447:1, 449:17, 449:24, 450:13, 450:15, 455:8 pattern [2] - 87:1, 431:21 patterns [1] - 86:25 Paul [37] - 100:16, 100:22, 109:4, 110:1, 113:1, 113:6, 123:18, 138:11, 155:15, 261:13, 262:14, 263:13, 263:14, 264:17, 264:23, 267:5, 268:7, 270:15, 271:9, 278:21, 280:11, 280:20, 284:18, 285:8, 300:24, 307:17, 315:6, 327:5, 347:6, 348:8, 348:23, 357:25, 384:9, 406:5, 407:4, 408:9, 408:17 PAUL [1] - 3:15 pause [2] - 157:25, 224:23 pay [2] - 162:10, 192:9 payment [2] - 196:18, 196:21 pays [1] - 266:25 peace [1] - 330:15 pedantic [1] - 446:10 penalties [1] - 151:23 penalty [3] - 15:16, 23:15, 28:8 pending [1] - 344:16 people [77] - 15:20, 16:2, 16:4, 22:24, 23:1, 25:3, 25:5, 61:21, 80:3, 80:4, 82:9, 82:10, 82:20, 83:11, 83:23, 84:4, 89:6, 123:10, 154:4, 154:11, 154:14, 154:17, 155:15, 155:17, 188:19, 190:13, 191:25, 194:11, 200:3, 209:3, 210:11, 227:1, 243:24, 244:7, 244:25, 252:5, 276:20, 281:21, 282:13, 289:15, 292:13, 294:12, 302:25, 303:21, 304:4, 306:4, 306:13, 308:22, 309:1, 310:11, 310:23, 311:18, 314:21, 315:14, 324:19, 325:12, 325:14, 330:23, 331:4, 337:19, 337:22, 338:20, 340:6, 342:21, 342:24, 343:4, 343:8, 343:16, 347:2, Page 36 to 36 of 54 347:22, 350:9, 376:8, 437:12, 445:5, 446:2, 456:21 people's [3] - 90:25, 196:9, 196:10 per [2] - 113:23, 441:7 percent [31] - 165:2, 166:21, 179:13, 181:21, 222:8, 222:9, 307:13, 309:8, 354:17, 369:18, 369:24, 375:10, 375:20, 386:8, 386:9, 419:21, 419:22, 420:6, 420:7, 420:16, 420:17, 420:18, 432:12, 432:13, 432:15, 432:17, 432:23, 433:12, 433:15, 451:4 perfect [1] - 294:21 perfectly [4] - 302:1, 302:4, 316:10, 444:5 perfectly-calibrated [1] - 302:4 perform [4] - 50:14, 336:2, 349:9, 352:1 performed [11] 158:9, 158:10, 198:2, 198:7, 215:16, 224:16, 349:14, 368:2, 412:25, 413:7, 413:14 perhaps [2] - 145:22, 325:9 period [48] - 13:25, 39:14, 39:19, 77:20, 79:20, 89:10, 103:8, 103:10, 103:14, 103:19, 104:4, 104:18, 104:20, 107:16, 107:18, 112:4, 112:5, 112:21, 113:19, 139:16, 142:11, 142:12, 144:17, 144:18, 152:15, 152:25, 168:8, 170:8, 179:5, 215:13, 236:2, 366:7, 372:4, 377:9, 379:3, 383:15, 387:15, 392:6, 392:9, 398:24, 398:25, 400:2, 400:7, 408:11, 409:10, 440:11, Page 36 450:3 periodically [1] 87:10 permeability [2] 351:18, 351:21 permissible [3] 115:22, 118:9, 121:12 permission [5] 308:11, 308:18, 308:23, 309:6, 309:12 permitted [1] - 335:4 person [28] - 9:14, 9:15, 14:9, 20:4, 24:18, 24:23, 29:14, 29:21, 37:21, 82:4, 82:5, 84:1, 130:17, 144:7, 154:5, 154:13, 161:20, 188:17, 228:22, 285:1, 297:12, 303:20, 307:9, 309:9, 309:10, 334:7, 338:18 personal [9] - 14:6, 25:6, 109:19, 228:20, 274:5, 287:1, 323:3, 324:7, 324:15 Personal [2] - 9:22, 22:16 personally [4] - 124:1, 137:3, 243:23, 246:24 personnel [3] - 22:24, 118:25, 121:14 perusing) [1] - 287:3 Peterson [2] - 21:18, 45:24 petition [5] - 64:16, 64:19, 64:20, 64:24, 65:20 Peyton [3] - 64:11, 66:1, 66:2 Ph.D [9] - 151:20, 188:22, 284:24, 286:18, 346:22, 347:9, 347:15, 347:19, 412:10 pharmaceuticals [1] 153:17 phenomena [2] 403:14, 404:13 philosophy [1] 445:25 phone [96] - 37:20, 39:18, 40:3, 40:4, 42:1, 43:8, 43:20, 43:21, 44:10, 44:24, 154 of 172 sheets 76:4, 76:8, 78:11, 78:14, 85:9, 87:5, 87:12, 87:15, 87:22, 88:1, 88:5, 88:9, 88:12, 88:13, 89:6, 89:8, 89:12, 89:25, 90:14, 90:17, 90:19, 91:1, 91:2, 91:5, 91:6, 102:5, 102:8, 102:12, 102:18, 103:6, 104:8, 104:15, 104:19, 104:23, 105:1, 105:19, 105:21, 106:3, 106:8, 106:12, 106:13, 106:17, 106:18, 106:20, 106:25, 107:15, 107:22, 107:24, 108:7, 108:9, 108:12, 108:17, 109:6, 109:9, 109:12, 109:20, 110:6, 110:25, 111:10, 111:24, 132:22, 134:4, 134:10, 139:16, 140:13, 140:18, 146:19, 230:14, 287:18, 313:7, 313:19, 331:15, 332:17, 334:17, 334:19, 335:1, 336:18, 337:1, 337:8, 337:10, 338:4, 339:2, 442:6, 442:9 phones [17] - 43:13, 86:25, 87:2, 87:10, 87:17, 87:18, 89:15, 90:20, 101:14, 101:16, 101:19, 102:23, 103:2, 305:21, 311:18, 311:19, 338:12 phonetically [1] 258:20 phonetically] [1] 373:15 photocopy [1] 122:21 photos [2] - 90:19, 90:23 phrase [1] - 274:24 physical [19] - 327:17, 349:10, 350:17, 351:24, 352:3, 356:1, 356:17, 356:18, 360:21, 362:14, 362:21, 155 of 172 sheets 363:5, 363:11, 375:22, 375:23, 388:6, 425:7, 425:16, 431:21 physically [2] - 82:5, 392:23 physicist [2] - 284:24, 330:16 physicists [4] - 280:8, 283:10, 284:20, 440:21 physics [10] - 33:24, 188:22, 281:5, 286:11, 440:16, 440:23, 440:24, 448:20, 448:24, 449:3 Physics [8] - 280:10, 280:14, 280:18, 280:20, 281:16, 281:21, 439:25, 440:4 pick [12] - 51:24, 52:1, 114:25, 115:10, 115:12, 115:21, 116:1, 116:12, 118:12, 386:7, 386:10 picked [14] - 71:24, 114:16, 114:24, 115:23, 118:13, 118:14, 148:2, 384:22, 386:10, 400:17, 400:23, 400:24, 401:8 picking [3] - 94:19, 95:5, 144:23 picture [2] - 351:3, 353:13 piece [3] - 59:9, 264:21, 444:9 pieces [2] - 275:15, 349:6 Pierre [1] - 155:13 pin [1] - 186:17 pissed [3] - 57:8, 57:9, 57:22 place [13] - 18:11, 162:15, 211:4, 230:19, 234:10, 248:4, 251:14, 252:23, 256:21, 276:5, 288:12, 399:1, 443:18 placed [2] - 104:7, 105:13 places [1] - 239:2 plain [1] - 452:22 plainly [1] - 40:23 plaintiff [1] - 284:9 plan [3] - 108:6, 283:18, 348:4 plane [1] - 166:1 planning [3] - 226:21, 348:19, 444:8 platform [1] - 372:13 plausible [19] - 38:10, 158:3, 179:22, 180:2, 180:3, 180:4, 180:13, 183:17, 187:3, 222:22, 384:24, 385:3, 385:14, 385:17, 385:19, 391:16, 391:21, 392:24 play [17] - 49:23, 52:1, 59:23, 76:11, 76:18, 77:10, 148:3, 186:10, 214:17, 236:20, 236:21, 303:18, 348:9, 360:21, 378:5, 442:13, 443:2 played [12] - 47:20, 49:2, 54:24, 55:1, 69:16, 73:15, 73:16, 74:4, 76:19, 257:4, 267:10 player [45] - 9:5, 9:10, 9:11, 9:25, 10:5, 10:11, 12:8, 19:11, 19:14, 22:12, 23:3, 23:19, 23:20, 24:19, 24:20, 25:10, 25:12, 25:13, 26:21, 28:4, 35:20, 36:1, 36:2, 41:5, 42:18, 42:19, 46:1, 46:2, 90:21, 99:14, 236:9, 236:12, 245:14, 245:17, 245:20, 245:21, 247:3, 251:2, 254:1, 257:18, 260:14, 260:15, 334:15 players [22] - 15:11, 21:13, 21:20, 22:15, 23:8, 24:1, 25:3, 25:8, 25:18, 25:19, 36:11, 39:11, 45:11, 46:10, 53:24, 250:24, 272:15, 272:18, 273:2, 311:19, 312:3, 312:4 Players [5] - 25:17, 25:23, 36:9, 36:10, 322:12 PLAYERS [4] - 3:3, 3:9, 4:8, 5:13 players' [2] - 25:5, Page 37 to 37 of 54 26:22 playing [11] - 52:3, 54:5, 117:1, 137:7, 170:16, 218:1, 229:21, 282:11, 372:23, 384:20, 385:10 plenty [3] - 170:24, 171:1, 171:4 plot [1] - 405:17 plotted [1] - 387:7 plug [1] - 364:19 plugging [1] - 219:20 plural [1] - 255:15 point [72] - 8:13, 10:1, 10:19, 28:21, 29:6, 30:15, 33:13, 34:1, 35:23, 37:13, 38:16, 38:20, 41:17, 42:25, 75:15, 80:13, 84:14, 107:22, 109:8, 114:17, 121:17, 129:2, 149:5, 157:25, 158:1, 162:1, 163:23, 164:1, 169:9, 169:18, 169:19, 174:20, 186:22, 190:2, 200:10, 204:10, 213:18, 219:10, 221:8, 242:12, 291:13, 313:16, 319:3, 320:3, 321:19, 343:19, 367:19, 378:23, 396:25, 399:5, 400:21, 402:16, 413:13, 415:11, 415:12, 415:25, 416:19, 420:19, 421:25, 424:18, 442:18, 442:25, 445:24, 446:11, 446:12, 446:13, 449:6, 449:12, 449:15, 453:19, 454:8, 456:1 pointed [6] - 340:4, 367:7, 425:2, 426:11, 432:9, 447:6 pointing [3] - 348:3, 366:21, 431:18 points [12] - 30:12, 33:10, 34:1, 42:16, 66:7, 178:14, 289:17, 303:23, 373:21, 374:10, 416:24, 426:2 policies [5] - 9:19, 21:21, 22:3, 22:15, Page 37 22:18 Policies [2] - 25:17, 25:23 Policy [10] - 2:7, 9:15, 9:22, 21:1, 22:16, 24:24, 25:5, 98:13, 98:24, 99:9 policy [46] - 9:3, 9:8, 9:21, 9:23, 22:8, 22:9, 22:19, 22:20, 22:22, 23:3, 23:25, 24:20, 24:24, 25:12, 25:13, 25:15, 26:2, 26:14, 26:15, 26:17, 26:18, 26:22, 44:19, 45:21, 45:25, 46:2, 46:15, 46:17, 86:13, 97:13, 98:13, 153:4, 250:13, 250:16, 250:19, 272:4, 272:8, 272:14, 273:1, 311:12, 311:21, 311:25, 312:3 ponder [1] - 445:5 pooled [1] - 419:17 population [2] 437:19, 437:20 portion [3] - 104:11, 212:18, 213:5 portions [1] - 209:20 posed [1] - 11:8 position [10] - 9:3, 150:17, 150:21, 217:15, 284:9, 312:15, 338:13, 339:5, 421:14, 440:7 positions [2] - 412:12, 440:8 positive [2] - 18:16, 425:10 positively [1] - 154:20 possession [2] 236:2, 377:22 possibilities [6] 188:8, 369:6, 369:7, 392:21, 393:1, 393:2 possibility [12] 186:19, 187:3, 192:25, 366:17, 366:20, 377:2, 385:4, 389:14, 409:24, 414:2, 414:6, 423:25 possible [27] - 49:10, 81:15, 82:17, 103:16, 120:17, 143:25, 144:4, 145:17, 237:5, 266:13, 297:17, 06/25/2015 03:43:11 PM 297:20, 314:20, 344:15, 368:23, 370:14, 384:14, 384:15, 385:6, 391:21, 392:19, 407:5, 408:20, 410:13, 410:24, 413:6, 444:21 possibly [12] - 26:1, 26:9, 59:1, 107:9, 107:21, 108:5, 108:19, 144:13, 229:8, 236:25, 395:19, 395:20 post [22] - 28:13, 192:21, 193:11, 193:14, 193:18, 193:25, 248:22, 249:4, 249:7, 249:13, 298:16, 318:7, 394:19, 451:6, 451:9, 451:15, 452:2, 454:23, 455:7, 455:18, 456:7, 456:18 post-game [18] 192:21, 193:11, 193:14, 193:18, 193:25, 248:22, 249:4, 249:7, 249:13, 298:16, 318:7, 451:6, 451:9, 451:15, 452:2, 454:23, 455:7, 455:18 post-hearing [3] 28:13, 456:7, 456:18 post-time [1] - 394:19 potential [10] - 29:16, 155:7, 191:25, 238:4, 349:10, 355:24, 365:6, 404:13, 421:8, 451:18 potentially [3] 233:25, 403:13, 443:8 pounding [3] - 282:12, 328:12, 329:10 pounds [5] - 113:15, 113:23, 294:22, 294:25, 351:6 power [1] - 435:9 PowerPoint [2] 330:20, 417:10 practical [2] - 221:4, 433:23 practice [26] - 43:10, 43:18, 45:10, 53:25, 06/25/2015 03:43:11 PM 76:23, 83:10, 83:13, 87:7, 87:19, 88:4, 88:18, 98:5, 105:18, 105:25, 106:6, 106:11, 106:16, 108:16, 108:20, 123:12, 182:4, 220:15, 304:18, 433:17, 433:18, 435:3 practiced [1] - 133:15 practices [4] - 49:3, 322:13, 325:18, 345:19 praised [1] - 330:11 praising [1] - 330:9 pray [1] - 258:19 pray-loo [1] - 258:19 pre [44] - 163:5, 163:25, 170:19, 172:23, 183:18, 186:5, 186:20, 187:2, 189:23, 200:23, 216:8, 217:11, 221:10, 221:17, 233:14, 233:15, 241:5, 249:5, 292:18, 364:9, 364:17, 365:1, 365:2, 365:14, 365:17, 366:24, 368:19, 368:24, 369:10, 370:5, 375:8, 375:13, 375:18, 376:8, 376:9, 376:16, 396:5, 408:8, 414:3, 414:6, 424:22, 425:19, 427:3 pre-game [43] - 163:5, 163:25, 170:19, 172:23, 183:18, 186:5, 186:20, 187:2, 189:23, 200:23, 216:8, 217:11, 221:10, 221:17, 233:14, 241:5, 249:5, 292:18, 364:9, 364:17, 365:1, 365:2, 365:14, 365:17, 366:24, 368:19, 368:24, 369:10, 370:5, 375:8, 375:13, 375:18, 376:8, 376:9, 376:16, 396:5, 408:8, 414:3, 414:6, 424:22, 425:19, 427:3 preceded [1] - 442:9 precedent [4] - 9:4, 9:24, 21:13, 43:2 precise [2] - 288:18, 334:10 precisely [1] - 106:2 preclude [1] - 363:10 predecessors [1] 29:13 predicted [4] - 187:18, 358:6, 362:24, 365:11 prediction [1] - 188:17 predictions [1] - 394:1 predicts [1] - 288:9 predominant [1] 325:3 preface [1] - 156:20 prefer [2] - 116:4, 373:17 preferably [1] - 280:8 preference [5] 119:13, 119:14, 122:8, 124:2, 148:17 preferred [7] - 114:12, 114:15, 115:13, 118:5, 118:7, 119:17, 166:11 prefers [1] - 35:14 prejudice [1] - 268:13 prejudicial [1] - 455:1 preliminary [1] - 417:9 premises [2] - 43:3, 232:9 prep [2] - 24:10, 250:4 preparation [10] 64:7, 69:5, 70:17, 81:4, 142:21, 267:18, 396:11, 396:16, 396:23, 400:4 preparations [2] 356:4, 401:10 prepare [8] - 12:3, 64:21, 65:15, 77:2, 80:19, 80:20, 321:5, 396:13 prepared [16] - 11:2, 54:23, 60:24, 117:7, 144:7, 146:2, 264:16, 265:4, 268:8, 268:9, 269:24, 356:4, 356:8, 371:20, 399:22, 444:11 preparing [5] - 71:19, 80:18, 80:23, 250:10, 321:9 preponderance [5] Page 38 to 38 of 54 324:17, 325:4, 420:23, 434:2, 434:12 prepping [1] - 49:21 presence [1] - 251:10 present [16] - 7:21, 10:22, 31:4, 45:8, 150:5, 169:17, 206:3, 234:21, 327:17, 333:23, 343:8, 359:6, 424:21, 429:6, 429:11, 430:5 presented [15] - 8:9, 65:12, 66:4, 197:21, 268:15, 285:6, 374:12, 380:10, 392:21, 404:11, 428:16, 428:19, 428:24, 429:1, 444:20 presently [1] - 113:13 presents [1] - 264:17 preserve [1] - 232:21 preserving [1] 228:12 President [10] - 2:6, 2:7, 24:12, 24:22, 25:1, 25:6, 228:6, 228:9, 249:24, 263:15 president [4] - 246:7, 345:16, 345:17, 347:14 presidents [1] - 99:7 press [9] - 142:24, 261:25, 262:17, 264:1, 264:21, 309:17, 340:22, 341:17, 342:2 pressure [150] - 12:4, 12:11, 12:16, 13:2, 13:5, 16:20, 16:21, 16:22, 18:8, 18:18, 19:6, 60:8, 60:25, 63:5, 63:14, 64:25, 67:24, 68:6, 96:13, 114:18, 115:1, 115:13, 116:5, 116:8, 116:9, 116:14, 118:5, 118:8, 121:25, 141:4, 157:20, 158:24, 158:25, 162:23, 163:16, 166:18, 167:8, 167:20, 169:16, 171:15, 172:8, 172:10, 172:13, 197:7, 197:23, Page 38 199:20, 199:24, 200:17, 200:19, 204:22, 205:4, 206:1, 206:10, 208:23, 212:19, 213:6, 213:22, 215:24, 221:12, 222:15, 223:1, 230:23, 233:4, 234:16, 248:21, 250:17, 288:10, 291:6, 292:17, 314:14, 327:14, 327:20, 349:11, 350:11, 350:25, 351:7, 351:15, 352:13, 352:16, 353:18, 353:19, 353:21, 353:25, 354:20, 354:23, 355:14, 355:25, 356:10, 356:21, 356:23, 357:6, 357:10, 357:11, 357:15, 358:14, 359:18, 360:7, 360:23, 360:25, 361:14, 363:8, 364:8, 364:20, 366:3, 368:17, 370:5, 370:6, 370:13, 372:18, 380:13, 382:6, 384:12, 388:3, 394:13, 396:6, 397:17, 397:22, 397:24, 398:7, 398:9, 398:15, 398:20, 399:13, 399:14, 399:16, 399:18, 414:7, 414:18, 415:7, 416:23, 416:25, 418:1, 418:5, 422:5, 422:7, 425:10, 425:11, 425:14, 425:18, 426:23, 427:5, 427:6, 428:3, 431:11, 432:4, 432:19, 434:22, 445:18, 446:6, 447:17 pressures [14] - 13:7, 224:21, 225:1, 239:10, 353:2, 355:8, 357:13, 362:21, 374:14, 374:15, 374:16, 374:20, 374:21, 455:14 presumably [1] - 156 of 172 sheets 399:24 presume [3] - 161:9, 161:24, 401:17 presumed [1] - 163:6 pretty [16] - 49:8, 52:19, 127:14, 347:25, 348:10, 348:24, 354:12, 356:15, 377:10, 379:17, 407:14, 410:22, 426:20, 427:4, 435:21, 446:14 previous [5] - 69:4, 150:23, 245:6, 245:7, 245:14 previously [10] 15:25, 92:10, 120:4, 151:4, 153:6, 211:25, 311:25, 332:6, 359:1, 413:10 Princeton [8] - 33:24, 281:16, 282:19, 282:21, 439:25, 440:2, 440:5, 440:8 principal [5] - 270:3, 270:11, 345:16, 347:3, 412:3 Principal [1] - 155:13 principle [4] - 21:16, 21:17, 158:8, 438:5 principles [2] - 157:6, 157:9 Prioleau [5] - 160:3, 240:6, 258:19, 259:8, 292:22 privacy [1] - 283:13 private [4] - 43:16, 90:25, 152:5, 322:22 privilege [11] - 266:14, 267:7, 267:16, 268:3, 268:12, 268:14, 269:13, 270:21, 271:4, 278:23, 311:25 privileged [6] - 265:7, 265:10, 266:6, 266:13, 270:1, 279:1 privy [1] - 138:7 Prize [2] - 152:16, 188:21 prize [1] - 330:15 probability [4] 209:22, 369:23, 409:24, 435:13 probable [11] - 10:8, 10:15, 31:23, 38:11, 273:13, 274:16, 303:6, 317:11, 324:19, 325:5, 325:7 157 of 172 sheets probative [2] - 38:24, 40:10 probed [1] - 441:15 problem [10] - 219:1, 221:4, 340:3, 340:12, 346:7, 347:12, 393:9, 418:7, 433:19, 441:14 problems [6] - 328:13, 345:24, 346:6, 346:15, 369:18, 418:6 procedural [1] - 262:9 procedural-type [1] 262:9 procedure [6] - 28:18, 69:14, 308:21, 383:8, 398:18, 400:11 procedures [15] 6:18, 18:10, 18:14, 18:18, 19:7, 19:19, 230:22, 231:13, 231:15, 233:2, 315:2, 315:3, 315:11, 315:14, 340:14 proceed [7] - 6:16, 223:5, 226:5, 226:19, 342:25, 343:6, 343:15 proceeded [2] 229:19, 327:23 proceeding [11] - 8:6, 28:23, 31:12, 38:12, 40:19, 104:10, 110:14, 110:21, 219:14, 270:8, 271:11 proceedings [2] - 6:8, 6:23 proceeds [1] - 227:13 process [34] - 48:24, 49:9, 49:24, 50:6, 50:22, 51:24, 52:18, 52:19, 52:21, 53:22, 53:23, 54:11, 60:22, 65:9, 67:16, 68:13, 69:3, 69:7, 69:21, 70:23, 72:18, 76:12, 77:19, 90:12, 146:1, 146:25, 147:13, 189:25, 231:2, 251:13, 251:14, 398:10, 411:1, 416:6 processes [5] - 54:13, 54:20, 76:15, 122:2, 154:23 produce [6] - 14:21, 15:7, 112:12, 336:2, 341:12, 341:14 produced [12] - 86:18, 89:9, 100:12, 104:9, 110:16, 110:21, 111:1, 247:17, 247:19, 247:22, 247:25, 337:24 produces [1] - 14:25 producing [2] 337:10, 341:10 products [1] - 346:16 professional [1] 154:16 professor [11] 150:19, 155:11, 155:25, 281:2, 281:3, 286:17, 347:9, 372:24, 433:7, 438:1, 440:17 Professor [14] 150:25, 156:7, 195:13, 328:25, 365:20, 371:14, 371:21, 372:7, 412:14, 414:10, 422:11, 439:11, 439:25, 440:3 program [2] - 395:15, 396:16 programs [1] - 154:5 prohibited [2] - 46:3, 256:22 project [6] - 152:22, 156:13, 347:12, 347:21, 347:22, 348:5 projects [1] - 153:1 promoted [1] - 154:19 promulgate [2] - 9:19, 46:17 pronounce [1] 373:13 pronounced [1] 415:14 proof [6] - 31:9, 31:10, 324:15, 324:16, 324:22, 324:24 proper [7] - 14:18, 19:12, 21:12, 27:16, 85:8, 246:16, 437:14 properly [6] - 50:12, 177:7, 254:20, 254:25, 351:18, 424:4 properly-functioning [1] - 351:18 proposal [3] - 344:8, 344:14, 344:21 propose [2] - 344:1, Page 39 to 39 of 54 344:5 proposed [2] - 334:11, 456:6 proposition [1] 434:19 prose [1] - 430:12 protecting [1] - 40:14 protocol [17] - 34:13, 34:21, 57:11, 167:3, 190:8, 190:9, 192:8, 192:20, 194:5, 233:24, 234:13, 255:5, 308:4, 309:7, 309:12, 317:3, 317:6 protocols [7] - 119:6, 165:15, 190:16, 193:12, 314:11, 314:15 prove [2] - 316:15, 446:17 provide [23] - 10:4, 14:17, 15:9, 15:14, 30:1, 36:21, 36:22, 37:2, 38:19, 38:23, 43:19, 105:7, 107:20, 107:24, 109:10, 121:21, 268:17, 268:22, 268:23, 286:20, 315:11, 327:6, 349:1 provided [22] - 15:19, 38:1, 38:2, 39:13, 43:19, 101:17, 102:9, 102:24, 103:3, 104:20, 105:3, 105:6, 108:7, 108:12, 110:13, 158:12, 182:15, 337:8, 339:13, 339:16, 357:24, 408:9 provides [2] - 41:1, 159:14 providing [2] - 14:15, 109:11 proving [1] - 201:18 proximity [1] - 280:11 proxy [2] - 416:4, 416:9 psi [54] - 58:14, 58:17, 63:5, 63:14, 63:20, 73:6, 97:22, 114:8, 115:7, 140:7, 163:7, 163:8, 163:11, 163:12, 169:12, 171:10, 171:20, 173:2, 174:17, 175:12, 175:20, 175:21, 177:19, 177:22, 184:6, Page 39 192:2, 192:5, 215:14, 216:1, 216:8, 217:2, 217:10, 217:13, 218:2, 238:22, 292:24, 353:20, 355:18, 367:23, 372:15, 375:11, 375:17, 375:20, 376:1, 396:21, 397:17, 397:23, 400:10, 417:23, 417:24, 422:5, 455:9 psi's [2] - 65:5, 163:25 psychological [1] 116:25 public [11] - 7:24, 11:6, 35:13, 119:22, 121:2, 153:4, 244:9, 247:23, 264:14, 302:18, 344:11 PUBLIC [1] - 1:24 Public [8] - 47:6, 150:9, 227:21, 261:4, 345:5, 411:19, 439:16, 457:7 publically [2] - 114:7, 263:11 publication [1] 153:18 publicity [1] - 280:5 published [4] 280:23, 340:25, 368:12, 370:18 pulled [1] - 382:11 pumped [3] - 318:24, 319:4, 319:12 punish [1] - 19:11 punished [4] - 9:14, 9:16, 9:25, 45:22 punishment [2] - 46:4, 336:21 puny [2] - 164:21, 193:5 purely [2] - 32:23, 415:10 purported [1] - 421:4 purporting [1] 424:21 purpose [12] - 81:8, 105:7, 108:6, 153:3, 156:19, 204:20, 206:7, 253:5, 270:19, 353:22, 415:1, 443:23 purposefully [1] 325:8 purposely [1] - 35:9 purposes [2] - 108:4, 06/25/2015 03:43:11 PM 267:16 pursuant [3] - 263:19, 272:3, 272:10 pursue [2] - 395:13, 452:24 push [2] - 248:7, 249:1 pushing [1] - 248:18 put [64] - 13:11, 13:22, 14:8, 21:7, 30:8, 42:8, 73:5, 83:18, 115:24, 120:5, 122:22, 122:23, 161:21, 163:22, 171:18, 186:17, 192:1, 210:23, 215:9, 246:17, 246:20, 248:8, 257:24, 265:3, 273:19, 276:19, 306:22, 319:1, 338:17, 339:4, 341:2, 349:20, 352:11, 352:23, 360:12, 372:18, 375:20, 380:12, 380:18, 380:19, 380:24, 381:1, 381:3, 381:9, 381:16, 391:22, 393:13, 397:22, 407:8, 411:7, 425:4, 425:12, 425:13, 428:10, 429:12, 429:13, 429:16, 429:18, 430:20, 431:14, 436:3, 437:11, 443:23, 445:24 puts [1] - 409:23 putting [7] - 26:4, 38:11, 69:12, 76:21, 182:8, 230:15, 381:6 puzzled [1] - 39:4 Pye [1] - 347:13 Q QB [1] - 127:6 qualify [2] - 337:17, 433:19 quality [1] - 154:8 quantified [1] - 357:3 quarrel [1] - 304:1 quarreling [4] - 219:9, 219:22, 219:23, 308:19 quarter [6] - 230:5, 230:6, 230:8, 236:1, 236:22, 382:17 06/25/2015 03:43:11 PM quarterback [32] 12:10, 23:21, 23:23, 49:5, 50:9, 75:15, 79:21, 79:23, 80:1, 80:4, 80:8, 80:19, 80:23, 81:1, 81:5, 81:8, 127:10, 127:16, 127:19, 127:23, 128:2, 128:6, 128:7, 128:11, 128:15, 128:25, 129:7, 246:2, 257:15, 257:19, 273:13, 332:22 quarterbacks [14] 12:3, 64:5, 64:9, 64:13, 64:20, 65:15, 65:22, 80:6, 80:7, 119:23, 119:24, 258:4, 258:9, 258:10 questioned [1] 300:12 questioning [2] 271:3, 395:10 questions [59] - 11:1, 11:2, 13:17, 99:16, 99:17, 100:2, 100:5, 103:16, 108:25, 112:16, 113:9, 124:7, 124:9, 124:13, 139:3, 143:9, 143:17, 143:23, 144:2, 145:23, 189:1, 200:5, 222:12, 233:17, 242:14, 242:16, 251:6, 251:9, 252:12, 253:8, 255:8, 259:13, 266:4, 266:6, 267:24, 295:16, 314:9, 318:3, 321:19, 322:4, 323:23, 326:18, 331:13, 340:16, 341:3, 342:16, 395:20, 395:21, 402:11, 406:1, 406:14, 408:2, 411:14, 427:15, 437:24, 448:15, 453:25, 454:18, 455:25 quibble [1] - 216:11 quick [1] - 99:25 quickly [5] - 49:10, 53:19, 53:20, 98:10, 443:10 quit [1] - 323:22 quite [9] - 39:4, 40:22, 53:5, 211:9, 399:23, 441:6, 445:7, 445:25, 446:16 quote [11] - 162:13, 172:3, 175:21, 199:19, 200:1, 208:12, 208:22, 254:7, 254:8, 262:18, 316:16 quoted [1] - 248:6 quotes [2] - 169:21, 201:8 quoting [3] - 172:10, 248:3, 264:15 R rabbit [2] - 219:2, 329:14 race [1] - 284:4 radar [1] - 115:6 radio [4] - 74:13, 74:22, 74:25, 78:10 rained [2] - 70:8, 76:19 raining [1] - 406:22 rainy [2] - 236:15, 384:6 raise [5] - 135:23, 136:22, 136:25, 137:25, 138:18 raised [10] - 34:2, 42:16, 73:19, 103:16, 143:17, 143:23, 144:2, 145:19, 190:2, 329:13 raises [1] - 28:2 ran [6] - 202:23, 203:2, 349:23, 359:4, 367:1, 382:25 randomly [2] - 118:12, 119:16 range [17] - 115:22, 116:6, 118:9, 121:12, 152:10, 153:16, 177:10, 177:24, 185:16, 185:17, 206:2, 279:13, 355:21, 357:22, 365:2, 365:6, 365:9 ranges [4] - 169:16, 177:11, 362:23, 387:6 rapid [1] - 350:7 rate [1] - 351:17 rather [4] - 128:21, 188:9, 395:22, Page 40 to 40 of 54 456:15 rating [1] - 135:3 raw [12] - 159:20, 161:7, 161:13, 223:14, 224:1, 224:4, 224:14, 225:8, 287:6, 287:13, 287:17, 289:16 Ray [1] - 27:1 RDR [2] - 1:23, 457:12 re [1] - 417:2 re-looked [1] - 417:2 reach [13] - 165:12, 181:23, 182:5, 185:15, 190:19, 207:23, 208:14, 215:23, 225:15, 285:5, 309:4, 323:17, 354:3 reached [25] - 66:8, 182:22, 188:14, 207:19, 211:17, 280:9, 280:20, 280:22, 315:22, 315:23, 317:24, 347:13, 354:6, 354:10, 358:11, 361:8, 363:17, 366:13, 371:17, 373:6, 416:14, 427:13, 444:23, 447:25, 448:9 reaching [2] - 194:11, 317:8 react [8] - 56:13, 58:15, 58:24, 220:25, 248:23, 249:1, 249:3, 249:6 reacted [1] - 72:20 reaction [15] - 51:17, 52:11, 74:16, 359:20, 359:23, 361:17, 363:24, 368:20, 370:7, 370:22, 414:20, 445:20, 446:8, 447:4, 447:5 reactions [2] - 371:22, 422:14 read [49] - 41:10, 96:6, 114:5, 123:25, 135:25, 136:9, 136:14, 149:9, 173:15, 184:21, 197:1, 201:7, 201:11, 201:23, 202:6, 202:8, 208:17, 210:12, 215:8, 218:15, Page 40 219:5, 243:23, 244:9, 244:15, 244:16, 244:23, 244:24, 270:13, 294:10, 296:3, 296:11, 296:14, 316:5, 316:6, 348:25, 355:17, 357:20, 370:11, 377:17, 388:24, 409:4, 409:12, 410:4, 426:13, 426:14, 426:18, 426:19 reader [1] - 264:22 readers [2] - 325:8, 430:11 Reading [3] - 172:8, 356:18, 357:22 reading [26] - 27:23, 114:6, 186:21, 189:23, 204:12, 204:25, 205:6, 206:13, 207:6, 208:20, 210:7, 211:3, 218:19, 224:25, 244:20, 245:4, 246:6, 248:22, 295:2, 364:13, 374:24, 388:25, 390:1, 408:6, 409:13 readings [7] - 184:24, 185:1, 185:2, 185:8, 185:10, 185:24, 237:14 reads [14] - 162:3, 162:4, 184:21, 200:16, 216:21, 294:9, 294:11, 294:20, 294:22, 302:19, 316:2, 327:5, 334:6, 377:14 ready [6] - 7:10, 128:16, 128:18, 130:14, 313:2, 373:11 real [6] - 152:10, 211:6, 337:25, 340:8, 433:19, 433:23 real-world [1] - 433:23 realistic [5] - 206:3, 391:1, 408:12, 409:10, 409:22 realities [1] - 363:12 realize [1] - 164:21 realized [1] - 443:7 really [57] - 9:20, 12:16, 20:22, 37:19, 158 of 172 sheets 44:2, 49:6, 50:6, 50:7, 53:8, 54:22, 56:25, 59:21, 69:6, 73:16, 74:5, 84:5, 109:9, 118:16, 120:10, 120:13, 120:16, 122:10, 134:16, 135:14, 156:1, 163:21, 164:21, 165:19, 171:13, 192:8, 209:18, 217:9, 223:12, 283:16, 291:3, 291:7, 291:8, 291:11, 293:1, 297:23, 309:13, 316:3, 329:22, 338:24, 356:3, 360:2, 393:16, 399:10, 417:13, 418:21, 421:5, 422:22, 424:24, 438:18, 444:9, 449:22 Realtime [1] - 457:13 reanalyze [1] - 421:12 rear [1] - 251:19 reargue [1] - 27:17 rearranged [1] 157:15 reason [41] - 10:1, 10:2, 14:17, 16:14, 46:11, 56:7, 97:19, 107:12, 109:9, 110:23, 114:25, 118:7, 125:7, 126:8, 126:22, 128:12, 131:15, 132:14, 134:9, 176:1, 176:4, 237:11, 242:15, 278:6, 285:13, 305:3, 318:13, 335:16, 336:10, 360:20, 361:1, 369:2, 415:8, 423:15, 430:20, 431:13, 437:13, 446:12, 451:17, 453:23, 454:4 reasonable [17] 29:14, 31:16, 34:5, 37:10, 38:22, 66:9, 66:15, 210:7, 297:1, 303:25, 317:16, 317:18, 318:1, 325:1, 325:10, 433:14, 456:8 reasonably [2] 35:17, 36:12 reasons [4] - 21:17, 159 of 172 sheets 88:21, 200:24, 421:1 rebuttal [2] - 30:10, 330:13 recalculate [1] - 222:3 recalibrated [1] 374:13 receive [4] - 103:7, 196:18, 196:22, 265:15 received [11] - 100:17, 103:3, 104:4, 104:17, 107:18, 109:1, 230:7, 260:13, 335:11, 347:6, 348:23 receiver [1] - 53:8 receivers [2] - 26:4, 53:7 receivers' [1] - 396:12 receiving [2] - 8:1, 53:6 Recess [6] - 100:1, 149:3, 194:19, 260:24, 345:1, 395:25 recognize [5] - 25:16, 184:20, 237:17, 298:14, 298:17 recognized [3] 315:18, 328:1, 452:20 recognizing [3] 182:16, 406:21, 456:21 recollect [2] - 299:19, 339:17 recollection [27] 67:7, 139:21, 186:7, 201:1, 225:5, 253:17, 253:21, 259:22, 259:23, 292:4, 292:8, 297:15, 299:23, 300:18, 302:22, 303:12, 303:18, 305:18, 305:23, 308:7, 308:12, 313:10, 319:6, 320:16, 332:7, 332:11, 335:3 recollections [3] 289:14, 289:19, 289:22 recommend [1] 281:17 recommendation [2] 243:19, 281:13 recommendations [2] - 243:17, 244:19 recommended [1] - 281:5 reconcile [1] - 358:4 reconsider [4] 335:23, 336:4, 336:7, 339:8 reconsidered [1] 336:9 reconstructing [1] 450:2 record [44] - 6:7, 6:10, 7:6, 21:9, 35:13, 42:8, 47:12, 97:24, 98:21, 149:4, 150:15, 189:17, 189:18, 192:2, 215:9, 216:17, 226:8, 228:2, 231:16, 232:17, 233:3, 233:8, 234:24, 235:5, 235:11, 235:14, 237:9, 261:10, 271:8, 311:7, 318:25, 338:19, 340:6, 340:10, 340:11, 343:22, 343:25, 345:10, 357:21, 411:25, 413:21, 415:17, 439:22, 456:17 record-keeping [2] 340:10, 340:11 recorded [12] - 18:20, 191:23, 235:2, 235:9, 235:17, 288:18, 288:23, 375:14, 409:6, 413:20, 415:23, 429:15 recording [1] - 231:23 records [14] - 39:19, 43:22, 44:10, 76:1, 89:12, 104:8, 104:15, 110:25, 139:16, 140:13, 313:7, 319:1, 331:15, 340:5 recreate [1] - 352:21 RECROSS [3] 143:12, 259:15, 408:4 Recross [2] - 5:14, 5:21 RECROSSEXAMINATION [3] 143:12, 259:15, 408:4 recruited [1] - 347:8 recuse [1] - 8:4 red [4] - 299:11, Page 41 to 41 of 54 403:18, 405:3, 405:4 reddish [1] - 405:3 REDIRECT [6] - 139:4, 255:9, 340:19, 402:20, 438:3, 454:20 redirect [2] - 112:16, 139:3 Redirect [2] - 5:14, 5:21 redo [1] - 419:1 redraft [1] - 332:13 reduce [1] - 93:25 reduced [1] - 224:10 reduction [3] - 199:24, 238:15, 327:19 ref [4] - 114:22, 123:15, 217:11, 217:24 refer [17] - 56:23, 61:24, 64:18, 78:3, 79:14, 79:18, 94:15, 169:8, 172:19, 177:17, 198:18, 203:12, 208:7, 209:6, 209:7, 212:5, 440:14 referee [17] - 18:4, 119:7, 119:10, 119:11, 122:12, 122:17, 215:25, 217:3, 218:6, 232:23, 232:24, 364:8, 376:5, 377:20, 399:6, 401:1, 402:5 referees [34] - 59:2, 59:19, 63:19, 73:5, 73:20, 82:3, 97:10, 119:1, 119:6, 121:22, 121:24, 122:8, 122:13, 122:15, 231:15, 231:18, 237:7, 276:17, 276:18, 308:8, 308:22, 314:18, 376:1, 386:17, 386:21, 398:15, 398:20, 399:19, 399:22, 399:24, 400:3, 400:5, 400:7 referees' [3] - 93:9, 122:2, 228:18 reference [14] - 63:12, 93:18, 102:4, 125:1, 125:24, 129:13, 130:20, 139:11, 164:10, 175:15, 240:24, 316:25, Page 41 333:11, 397:6 referenced [8] 111:14, 132:22, 134:10, 134:13, 134:24, 135:6, 145:12, 203:4 references [1] 130:23 referred [13] - 69:3, 100:18, 100:23, 126:23, 157:18, 166:13, 173:16, 211:18, 211:23, 324:2, 352:7, 371:20, 426:10 referring [20] - 78:23, 95:2, 101:7, 105:18, 112:1, 112:24, 113:5, 133:22, 135:1, 136:3, 197:19, 198:19, 202:20, 205:21, 247:10, 359:15, 404:24, 430:3, 440:15 refers [11] - 102:8, 102:12, 102:18, 105:10, 132:9, 135:8, 259:5, 259:7, 259:11, 260:4, 409:16 reflect [3] - 105:24, 140:14, 427:7 reflected [3] - 140:16, 198:9, 215:2 refresh [4] - 67:7, 201:1, 225:5, 253:16 refs [4] - 92:21, 121:14, 216:8, 308:9 refusal [3] - 11:8, 38:18, 304:13 refuse [2] - 89:21, 341:3 refused [1] - 44:25 refusing [1] - 45:4 regard [2] - 417:9, 426:6 regarding [19] - 8:7, 11:22, 26:21, 29:1, 31:13, 48:12, 64:6, 66:11, 99:8, 114:1, 114:5, 123:14, 234:7, 247:4, 248:21, 249:20, 250:14, 337:8, 371:25 regardless [5] - 66:14, 200:22, 332:25, 333:1, 333:2 register [1] - 378:22 06/25/2015 03:43:11 PM Registered [1] 457:13 registered [2] - 13:1, 115:6 regression [6] 370:25, 371:5, 371:11, 380:11, 423:8, 429:23 regular [1] - 88:18 regulation [2] - 249:6, 318:24 regulations [2] 282:21, 334:13 reinflated [2] - 176:16, 289:5 reinflating [1] - 235:13 reinflation [5] 176:23, 193:14, 381:8, 381:10, 381:18 REISNER [42] - 3:17, 100:4, 100:7, 104:6, 105:13, 136:2, 136:16, 136:20, 138:25, 143:10, 143:13, 145:21, 192:13, 194:17, 194:21, 198:23, 222:1, 225:17, 345:2, 345:8, 373:8, 402:19, 402:21, 408:1, 409:7, 409:12, 409:16, 411:15, 411:17, 411:23, 427:15, 438:1, 438:4, 439:9, 439:11, 439:13, 439:20, 448:11, 450:9, 454:19, 454:21, 455:23 Reisner [9] - 270:4, 270:6, 270:10, 270:15, 279:15, 280:13, 281:3, 324:12, 329:22 reject [4] - 178:4, 303:11, 303:14, 304:12 rejected [14] - 8:5, 295:9, 304:5, 304:9, 304:11, 306:4, 306:5, 306:6, 306:8, 306:13, 306:14, 307:23, 307:24 rejecting [2] - 303:15, 306:20 rejection [1] - 308:14 related [2] - 101:3, 369:21 relates [1] - 91:21 06/25/2015 03:43:11 PM Relations [1] - 2:17 relationship [4] - 83:2, 135:20, 138:5, 140:1 relationships [1] 13:25 relative [7] - 161:12, 163:16, 191:1, 193:12, 351:1, 356:22, 393:5 relatively [6] - 181:1, 182:18, 182:20, 218:15, 435:5, 435:22 release [5] - 261:25, 262:17, 264:1, 273:16, 344:6 released [1] - 261:24 relevance [1] - 278:24 relevancy [1] - 293:1 relevant [20] - 11:3, 39:14, 39:19, 43:24, 100:19, 139:15, 159:16, 183:22, 206:25, 220:8, 220:15, 271:5, 279:3, 323:2, 332:3, 335:24, 432:23, 434:14, 441:5, 441:6 reliability [1] - 190:12 reliable [22] - 17:24, 158:5, 158:16, 164:24, 194:8, 194:13, 282:9, 285:14, 285:16, 285:18, 286:5, 301:23, 316:13, 316:18, 350:3, 393:21, 393:24, 394:22, 395:1, 435:24, 436:7, 436:12 reliably [2] - 355:12, 355:17 relied [4] - 8:18, 37:22, 243:8, 308:6 rely [9] - 29:9, 31:2, 31:3, 110:6, 208:13, 208:15, 225:8, 285:4, 336:1 relying [5] - 8:23, 85:4, 85:6, 224:14, 224:15 remaining [2] 229:15, 301:16 remains [4] - 176:18, 300:24, 372:3, 420:6 remember [54] - 12:1, 26:25, 44:24, 45:3, 68:9, 70:9, 78:11, 80:16, 80:17, 81:18, 81:20, 87:14, 93:13, 93:22, 96:5, 99:15, 101:5, 107:4, 109:16, 109:24, 110:3, 110:4, 110:11, 111:4, 114:6, 115:15, 118:15, 118:16, 120:1, 121:7, 124:5, 126:13, 127:14, 127:20, 128:4, 128:16, 130:11, 132:4, 132:23, 134:14, 191:16, 193:10, 209:25, 253:2, 253:13, 287:17, 303:21, 312:25, 381:13, 387:5, 415:2, 418:8, 433:19, 452:17 remove [1] - 425:20 render [3] - 286:4, 323:3, 324:7 renders [2] - 324:8, 425:24 renovation [1] - 129:6 renovations [1] 128:5 reorganize [1] 160:22 rep [1] - 252:1 repeat [2] - 371:1, 371:3 repeated [4] - 336:11, 336:15, 350:7, 351:8 repeatedly [3] 355:18, 377:14, 426:22 replicate [10] - 173:23, 396:18, 410:25, 417:14, 419:12, 419:13, 423:4, 423:10, 424:18, 432:6 replicated [3] 158:13, 359:5, 424:16 REPLY [1] - 5:7 report [313] - 8:19, 8:25, 10:3, 10:7, 11:6, 15:5, 16:5, 17:6, 17:7, 25:21, 30:6, 30:7, 30:9, 30:14, 30:17, 31:3, 32:1, 32:7, 32:17, 32:22, 32:24, 33:11, 34:9, 34:12, 34:15, 34:24, 35:5, 36:16, 36:24, 37:2, 37:14, 37:16, 37:25, 38:3, Page 42 to 42 of 54 38:16, 39:8, 40:10, 40:25, 41:10, 41:18, 41:21, 41:22, 41:25, 42:9, 43:4, 44:7, 48:16, 52:9, 61:19, 62:2, 62:5, 62:16, 64:4, 66:6, 78:6, 79:18, 81:22, 83:4, 84:11, 84:12, 89:5, 91:12, 91:25, 94:9, 94:13, 97:18, 97:23, 111:14, 123:17, 123:18, 123:21, 123:25, 124:4, 124:12, 124:13, 124:23, 126:3, 126:16, 129:11, 131:9, 131:16, 131:23, 134:2, 134:10, 134:13, 134:25, 135:5, 135:7, 135:13, 136:1, 136:9, 136:14, 136:19, 136:20, 137:25, 138:7, 138:22, 140:12, 140:17, 144:8, 159:24, 162:14, 162:25, 166:20, 169:6, 173:11, 173:15, 176:16, 177:9, 177:10, 182:2, 184:24, 188:6, 188:20, 189:23, 191:10, 197:2, 198:24, 199:1, 199:13, 199:17, 200:12, 200:15, 201:7, 201:23, 202:6, 202:8, 202:21, 202:25, 204:6, 204:12, 204:25, 205:6, 205:17, 205:20, 206:19, 208:10, 208:21, 209:11, 209:20, 209:21, 211:4, 214:9, 214:13, 214:14, 218:25, 222:20, 224:13, 224:19, 225:7, 229:3, 242:24, 243:7, 243:13, 243:20, 244:3, 244:9, 244:10, 244:11, 244:16, 244:21, 245:4, 246:23, 247:2, 247:10, 247:23, 247:24, Page 42 248:3, 250:19, 260:12, 262:16, 262:23, 262:25, 263:4, 263:23, 264:23, 265:4, 265:5, 265:15, 265:17, 266:3, 267:4, 267:19, 268:1, 268:8, 269:10, 269:16, 269:23, 270:13, 272:2, 272:12, 272:25, 273:9, 273:22, 274:1, 274:4, 274:12, 274:21, 275:21, 276:18, 277:10, 278:22, 279:10, 285:16, 290:7, 291:10, 291:25, 293:18, 294:15, 300:3, 300:17, 300:20, 301:6, 301:8, 302:6, 302:7, 302:14, 302:16, 302:19, 303:8, 303:9, 308:12, 308:13, 308:20, 309:17, 315:5, 316:14, 318:9, 319:4, 319:8, 319:9, 319:10, 319:19, 319:20, 320:2, 320:23, 324:10, 324:11, 325:21, 325:25, 326:11, 326:22, 330:2, 330:4, 330:5, 330:9, 330:18, 330:19, 331:2, 340:22, 341:1, 350:13, 350:16, 353:8, 354:12, 359:13, 360:12, 368:11, 368:12, 368:14, 368:23, 369:25, 370:12, 370:18, 370:19, 370:25, 371:15, 371:20, 371:23, 373:3, 374:2, 374:6, 391:22, 392:12, 392:22, 397:7, 402:23, 409:1, 411:7, 411:12, 421:25, 422:21, 422:23, 423:5, 423:12, 426:3, 426:5, 427:9, 427:10, 428:1, 429:7, 442:7, 160 of 172 sheets 444:11, 444:15, 444:16, 444:23, 445:3, 448:3, 448:23, 450:1, 451:13, 451:17, 451:18, 454:24, 454:25, 455:1, 455:16 REPORTED [1] - 1:22 reported [10] - 92:6, 198:3, 224:12, 411:3, 411:5, 417:15, 418:23, 419:13, 420:12, 427:9 Reporter [2] - 457:13, 457:13 reporter [2] - 6:6, 7:7 reporting [2] - 166:8, 166:12 reports [17] - 243:24, 244:7, 244:14, 320:14, 320:15, 321:1, 321:13, 321:16, 330:22, 330:24, 330:25, 331:5, 331:6, 411:4, 422:16, 448:3, 448:7 represent [9] - 62:15, 92:5, 107:10, 154:3, 236:5, 247:21, 284:8, 323:6, 333:6 representation [2] 287:22, 323:9 representative [2] 245:18, 393:18 representatives [2] 313:6, 336:24 represented [5] 110:20, 267:4, 271:11, 314:2, 314:4 representing [2] 270:7, 270:16 represents [2] - 256:4, 256:5 reproduce [2] - 371:9, 423:6 reputation [1] 312:18 request [29] - 84:23, 85:2, 85:8, 85:13, 87:24, 109:4, 109:8, 109:14, 109:17, 110:8, 261:22, 305:11, 311:8, 313:18, 331:22, 333:11, 333:21, 333:24, 335:11, 335:12, 335:20, 335:23, 335:25, 161 of 172 sheets 336:4, 336:11, 336:17, 337:13, 342:1, 410:5 requested [4] 149:21, 304:14, 336:2, 339:11 requesting [1] 333:21 requests [7] - 101:2, 113:1, 113:7, 313:6, 331:14, 332:2, 337:12 require [3] - 113:14, 218:2, 311:13 required [3] - 149:6, 233:21, 367:22 requirement [1] 239:21 requirements [3] 65:6, 239:20, 240:12 requires [1] - 438:6 research [2] - 440:18, 441:1 researcher [3] - 17:2, 158:2, 186:22 resend [1] - 341:17 reserve [1] - 20:11 reset [1] - 91:7 resist [2] - 219:12, 455:24 resolve [1] - 302:17 resolving [1] - 456:12 resources [3] - 282:3, 282:14, 283:9 respect [68] - 8:25, 18:17, 20:7, 44:14, 45:6, 100:11, 113:10, 179:12, 223:25, 233:1, 242:23, 250:17, 261:19, 261:21, 262:15, 267:2, 267:9, 267:18, 269:18, 273:4, 273:7, 273:19, 311:8, 314:6, 318:22, 322:13, 322:16, 326:4, 330:21, 334:10, 337:3, 341:10, 348:9, 353:6, 355:24, 356:1, 356:16, 356:25, 359:13, 361:5, 361:7, 363:14, 363:16, 366:11, 367:14, 367:19, 368:1, 368:14, 371:16, 372:8, 373:4, 380:8, 404:7, 405:12, 405:15, 406:15, 406:25, 407:12, 408:7, 412:24, 416:12, 422:12, 441:9, 443:20, 447:24, 448:7, 449:6 respected [3] - 16:2, 280:10, 330:7 respectful [1] - 305:5 respectfully [6] 305:4, 305:5, 305:10, 333:24, 335:13, 336:9 respects [1] - 414:25 respond [5] - 42:15, 86:10, 334:21, 335:19, 438:10 responded [1] - 85:3 response [16] - 6:12, 42:25, 335:10, 341:19, 359:20, 359:23, 361:17, 363:24, 368:20, 370:7, 370:22, 414:20, 426:3, 445:20, 446:8, 447:5 responses [3] 371:21, 404:10, 422:14 responsibilities [7] 123:5, 123:14, 137:20, 154:1, 154:2, 154:12, 228:9 responsibility [6] 31:22, 145:3, 145:8, 154:10, 228:11, 413:3 responsible [15] 10:10, 11:21, 21:23, 40:14, 46:9, 46:16, 49:21, 69:5, 134:20, 154:4, 154:7, 202:5, 228:23, 229:6, 345:18 responsive [4] 112:25, 113:6, 304:14, 336:3 rest [2] - 24:18, 454:12 restriction [1] - 211:2 Result [1] - 139:14 result [18] - 17:14, 17:20, 17:24, 18:19, 168:22, 176:5, 193:20, 201:10, 202:13, 202:17, 203:3, 210:9, 287:11, 317:4, 403:10, 411:3, 445:9, 446:12 Page 43 to 43 of 54 results [46] - 158:5, 158:16, 162:19, 165:9, 166:8, 166:21, 167:4, 167:6, 173:12, 179:19, 182:9, 187:16, 188:11, 191:15, 191:16, 191:17, 205:18, 209:23, 210:4, 211:22, 212:5, 212:7, 358:5, 364:21, 371:9, 373:23, 388:13, 389:5, 390:5, 392:19, 393:16, 403:3, 403:13, 408:13, 409:6, 409:11, 420:9, 423:4, 423:6, 424:16, 424:18, 425:25, 431:19, 431:25, 432:3, 442:17 retain [1] - 189:20 retained [12] - 33:12, 33:17, 33:19, 156:23, 263:12, 279:25, 280:4, 312:24, 322:7, 322:24, 327:5, 349:1 retaining [1] - 279:23 return [1] - 370:5 reveal [1] - 265:10 revealing [1] - 206:14 reverse [1] - 388:17 reversed [2] - 45:6, 160:25 review [19] - 102:2, 102:9, 102:18, 104:21, 107:16, 110:7, 113:4, 209:19, 245:3, 330:24, 332:1, 349:9, 352:19, 363:4, 368:11, 422:10, 444:11, 444:14, 448:2 reviewed [8] - 29:23, 103:3, 112:23, 113:2, 249:22, 269:25, 331:5, 437:11 reviewing [3] - 348:2, 371:14, 448:6 revised [1] - 161:22 rewet [1] - 383:17 rewetting [1] - 383:14 Rice [3] - 27:1, 36:6, 36:7 Page 43 rid [9] - 43:13, 87:9, 87:22, 87:25, 88:5, 88:9, 88:19, 90:14, 91:5 ridiculous [1] - 74:19 RIFKIND [1] - 3:15 Rifkind [1] - 263:13 right-hand [3] 160:23, 240:5, 405:16 rightly [1] - 340:4 rigorous [3] - 49:8, 52:21, 70:17 rise [5] - 292:21, 446:16, 449:18, 450:13 Risk [1] - 412:23 Rita [1] - 307:5 Riveron [3] - 251:20, 319:25, 320:11 road [1] - 268:14 Rob [1] - 121:6 ROBERT [2] - 4:14, 5:22 Robert [6] - 13:19, 14:5, 149:7, 225:24, 345:2, 345:11 Robinson [2] - 24:5, 250:3 Robyn [1] - 300:8 robyn [2] - 300:16, 306:18 Rodgers [10] - 248:3, 248:6, 248:14, 248:17, 249:1, 249:8, 254:4, 254:12, 254:17, 254:24 ROGER [2] - 1:19, 2:4 role [25] - 27:16, 123:20, 164:18, 265:25, 267:11, 268:7, 301:10, 303:10, 310:4, 322:2, 322:23, 323:19, 326:12, 326:13, 334:11, 345:18, 347:23, 348:8, 348:19, 412:24, 413:7, 441:9, 442:13, 443:2 Roman [5] - 124:24, 200:15, 300:22, 327:4, 350:15 Ron [1] - 24:13 room [92] - 17:12, 18:22, 19:3, 19:5, 22:25, 23:1, 34:14, 72:3, 79:21, 79:23, 80:1, 80:4, 80:8, 06/25/2015 03:43:11 PM 80:19, 80:23, 81:1, 81:5, 81:8, 82:3, 83:12, 84:4, 93:10, 100:3, 120:11, 122:1, 122:5, 122:15, 123:7, 123:20, 127:6, 127:10, 127:16, 127:19, 127:23, 128:2, 128:6, 128:7, 128:8, 128:11, 128:15, 128:25, 129:7, 140:3, 170:7, 170:13, 171:12, 171:16, 171:22, 172:12, 172:14, 172:24, 172:25, 184:9, 189:16, 220:18, 229:19, 230:11, 231:16, 233:9, 234:24, 235:3, 251:18, 251:19, 276:13, 276:21, 290:18, 290:25, 291:5, 291:6, 292:14, 292:18, 292:20, 307:19, 308:10, 314:22, 352:24, 358:2, 365:3, 383:21, 387:17, 388:13, 389:4, 390:5, 390:25, 391:2, 393:8, 394:7, 401:9, 406:8, 408:11, 409:10, 409:21 rooms [2] - 307:10, 353:1 root [1] - 346:14 roughly [5] - 67:5, 173:2, 342:10, 418:10, 441:25 round [2] - 12:17, 120:10 rounded [1] - 364:11 rounding [1] - 175:18 rounds [1] - 351:3 route [2] - 281:8, 281:23 routine [6] - 108:10, 233:21, 233:23, 234:11, 307:19, 309:2 routinely [2] - 308:17, 308:20 row [1] - 160:14 Royer [1] - 155:15 rub [5] - 53:8, 353:3, 396:12, 401:9, 402:2 06/25/2015 03:43:11 PM rubbed [2] - 401:16, 402:3 rubbing [14] - 328:12, 397:19, 397:24, 399:2, 399:12, 399:25, 400:1, 400:2, 400:11, 400:13, 400:14, 400:21, 400:22, 401:6 rule [28] - 18:8, 23:17, 25:21, 26:23, 27:4, 35:19, 36:20, 58:18, 59:8, 61:8, 63:19, 64:4, 64:6, 64:22, 65:11, 65:15, 66:13, 66:16, 66:18, 113:10, 113:21, 115:11, 115:18, 119:12, 122:20, 122:21, 329:19 ruled [9] - 27:16, 27:20, 242:13, 296:24, 308:20, 309:11, 321:15, 329:17 Rules [1] - 99:10 rules [26] - 22:17, 33:16, 35:2, 35:8, 35:11, 35:21, 36:16, 41:9, 59:24, 66:11, 113:13, 114:1, 114:4, 114:5, 164:8, 164:10, 218:1, 218:8, 227:3, 248:21, 252:16, 271:19, 271:21, 272:5, 323:12, 325:13 ruling [13] - 242:9, 242:11, 242:17, 242:18, 242:20, 265:23, 266:1, 301:11, 303:3, 303:4, 315:22, 324:5, 325:14 rulings [1] - 324:10 run [7] - 88:9, 262:11, 262:20, 283:21, 301:24, 332:18 running [4] - 262:19, 283:19, 338:6, 395:17 runs [1] - 156:17 rushed [1] - 391:8 Ryan [2] - 229:18, 230:10 S sample [5] - 176:2, 182:19, 419:8, 435:17, 439:3 samples [2] - 18:13 San [1] - 412:15 sanctuary [1] - 80:2 sand [1] - 53:11 sandpaper [1] - 53:2 sat [3] - 172:14, 311:17, 313:15 satisfied [1] - 288:12 satisfy [1] - 110:8 saturation [1] - 382:22 Saturday [4] - 133:15, 146:12, 147:1, 333:19 sauna [2] - 120:6, 120:8 save [1] - 343:7 saw [28] - 124:5, 135:12, 136:8, 136:17, 137:10, 137:22, 138:15, 138:21, 192:23, 240:20, 270:9, 289:15, 295:3, 295:4, 357:12, 360:8, 362:15, 362:25, 374:11, 380:13, 402:5, 406:18, 413:21, 415:14, 446:22, 449:10 saying-based [1] 166:17 scale [8] - 294:12, 294:19, 294:20, 294:21, 294:22, 294:23 scales [1] - 294:20 Scenario [5] - 161:11, 161:12, 162:6, 162:8, 199:21 scenario [1] - 162:10 scenarios [9] - 17:17, 166:10, 367:10, 369:14, 369:15, 413:24, 413:25, 414:1, 429:3 schedule [4] - 172:19, 281:19, 281:20, 456:8 scheduled [1] 281:18 schedules [1] 171:19 Schoenfeld [10] 44:6, 59:7, 60:15, Page 44 to 44 of 54 63:18, 119:3, 145:3, 145:6, 310:21, 333:2, 337:20 scholarship [1] 151:8 School [3] - 15:23, 150:18, 151:5 school [7] - 16:1, 151:4, 153:25, 154:6, 154:7, 154:11, 154:13 Schultz [1] - 150:25 Science [2] - 346:21, 346:23 science [18] - 155:6, 156:24, 165:2, 165:3, 238:18, 284:13, 303:22, 316:21, 317:4, 317:7, 317:20, 327:11, 329:19, 330:9, 330:11, 449:3, 452:23 Sciences [1] - 412:4 scientific [38] - 41:25, 156:21, 156:25, 157:6, 157:9, 158:11, 159:16, 165:14, 169:7, 172:21, 173:25, 182:12, 182:15, 183:13, 183:23, 184:11, 185:19, 194:10, 220:8, 285:5, 285:9, 285:15, 286:6, 286:8, 303:1, 316:11, 316:15, 317:16, 317:18, 327:6, 345:21, 345:23, 346:4, 346:10, 348:21, 349:1, 452:19, 452:21 scientifically [1] 159:14 scientist [2] - 347:19, 412:3 scientists [3] 284:20, 302:25, 330:11 score [1] - 165:25 screen [1] - 88:13 screens [1] - 153:19 se [1] - 441:7 Seahawks [1] - 81:3 sealed [1] - 384:21 search [10] - 101:6, 101:10, 139:15, 149:18, 149:20, Page 44 312:21, 332:18, 333:2, 333:22, 337:22 searches [2] - 336:2, 337:18 season [11] - 24:18, 76:11, 77:4, 113:21, 124:3, 129:8, 133:2, 133:9, 135:8, 245:23, 401:8 season's [1] - 334:8 seasons [1] - 47:20 seated [1] - 270:4 Seattle [1] - 128:17 sec [2] - 129:18, 134:1 second [53] - 13:10, 14:13, 16:4, 16:11, 22:7, 29:4, 33:19, 73:11, 73:15, 73:18, 74:4, 102:18, 126:2, 130:5, 130:14, 131:20, 139:11, 149:16, 164:1, 168:5, 169:18, 176:8, 176:15, 179:24, 200:15, 205:21, 224:24, 226:12, 229:16, 230:3, 230:5, 230:6, 230:8, 236:1, 236:22, 238:20, 263:10, 273:10, 300:20, 300:23, 319:16, 332:22, 337:9, 349:25, 352:18, 374:11, 381:9, 382:16, 397:6, 400:6, 432:10, 438:14, 449:6 second-team [1] 332:22 second-to-last [1] 200:15 secondarily [1] 319:21 secondly [2] - 159:3, 223:8 seconds [23] - 125:5, 126:5, 126:12, 129:22, 129:24, 130:22, 131:1, 131:2, 131:12, 131:25, 132:20, 134:5, 134:6, 236:20, 236:22, 390:14, 410:8, 410:16, 410:19, 411:1, 411:11, 418:10 162 of 172 sheets secret [1] - 80:2 section [2] - 98:16, 354:11 security [4] - 88:21, 237:23, 251:25, 307:7 see [153] - 6:6, 11:17, 19:20, 30:11, 39:5, 45:17, 62:11, 62:13, 62:20, 62:22, 62:25, 72:5, 90:18, 92:8, 92:14, 92:23, 93:18, 98:11, 98:18, 99:1, 99:2, 99:5, 99:11, 102:4, 102:15, 103:1, 104:14, 105:22, 111:15, 123:17, 123:21, 124:3, 124:24, 126:6, 126:20, 127:7, 128:21, 129:19, 129:25, 130:6, 130:19, 131:13, 131:21, 132:12, 134:7, 139:14, 139:17, 140:4, 140:21, 158:3, 159:21, 159:25, 160:13, 160:22, 164:19, 165:4, 165:5, 165:14, 166:12, 171:14, 173:16, 175:13, 177:3, 178:5, 178:20, 181:6, 188:6, 188:7, 188:9, 188:10, 192:3, 192:4, 200:10, 201:3, 201:24, 202:5, 207:5, 224:22, 226:12, 227:13, 227:14, 233:9, 237:7, 237:19, 238:22, 238:25, 240:6, 240:8, 243:5, 245:19, 248:3, 248:6, 248:9, 248:11, 249:2, 249:19, 249:23, 250:2, 250:5, 254:8, 258:23, 263:20, 265:5, 272:6, 277:22, 278:25, 279:2, 287:16, 298:24, 299:12, 300:6, 301:2, 302:19, 303:16, 315:24, 323:3, 333:14, 339:22, 339:24, 340:2, 163 of 172 sheets 344:13, 344:23, 351:6, 351:14, 352:15, 353:13, 353:16, 355:7, 360:3, 360:24, 361:1, 367:2, 373:20, 381:2, 383:3, 396:5, 397:25, 408:14, 410:23, 414:7, 415:17, 420:9, 421:11, 442:11, 449:17, 449:18, 449:19, 452:23, 453:4, 453:6, 454:9, 456:23 seeing [9] - 88:14, 253:14, 253:15, 265:18, 328:12, 328:13, 356:2, 415:9, 422:6 seeking [1] - 110:2 select [4] - 50:4, 50:5, 72:23, 77:13 selected [2] - 67:15, 155:18 selecting [2] - 50:23, 68:9 selection [2] - 67:16, 67:23 selects [1] - 48:20 send [1] - 103:7 sending [1] - 78:18 Senior [3] - 2:7, 2:17, 151:5 senior [2] - 228:22, 229:6 sense [19] - 57:1, 73:12, 191:25, 192:15, 192:20, 275:13, 288:7, 360:4, 364:22, 366:5, 369:8, 370:9, 370:24, 417:5, 425:8, 425:16, 441:18, 442:11, 457:1 sensitive [2] - 291:12, 334:13 sent [30] - 64:16, 91:12, 92:2, 92:3, 99:6, 99:13, 100:17, 104:3, 104:17, 107:18, 109:1, 109:8, 125:25, 129:14, 132:9, 134:25, 138:6, 141:8, 144:20, 144:21, 237:19, 242:7, 252:20, 280:13, 329:12, 332:13, 333:20, 334:23, 337:5, 338:7 sentence [19] 205:21, 224:20, 224:25, 239:19, 264:11, 264:12, 264:15, 264:16, 265:3, 331:25, 356:15, 388:25, 408:22, 408:23, 409:1, 409:12, 409:16, 410:4 sentences [1] - 183:4 separate [3] - 196:21, 211:18, 300:21 separately [4] - 197:8, 282:3, 419:6, 419:7 September [1] 333:23 sequence [12] - 160:6, 160:7, 168:2, 168:3, 168:6, 176:11, 176:13, 177:21, 180:7, 187:21, 417:4, 421:24 sequences [2] 177:11, 180:8 sequencing [2] 190:25, 206:4 sequential [2] 327:23, 439:6 sequentially [1] 438:21 series [4] - 197:9, 350:6, 357:2, 388:4 serious [6] - 28:21, 40:12, 42:11, 45:11, 249:3 served [3] - 153:6, 167:24, 348:13 service [1] - 107:23 services [1] - 307:8 set [57] - 12:25, 58:18, 79:14, 92:7, 114:17, 114:19, 114:22, 115:19, 116:2, 116:14, 116:20, 117:6, 117:11, 117:19, 118:17, 118:23, 119:1, 119:10, 121:14, 178:3, 189:24, 192:17, 205:13, 217:13, 223:19, 228:24, 231:13, 239:20, 265:2, 293:4, 293:9, 303:7, 303:16, 332:18, 337:12, 341:1, Page 45 to 45 of 54 352:18, 353:11, 355:10, 361:25, 369:15, 371:22, 374:19, 374:21, 378:8, 399:16, 400:10, 414:3, 436:14, 436:15, 437:9, 444:15, 444:23, 450:8, 453:1, 453:16 set-up [1] - 353:11 sets [9] - 189:10, 193:1, 332:14, 435:24, 435:25, 436:6, 436:7, 436:24, 446:21 setting [4] - 194:4, 283:12, 293:10, 398:14 seven [9] - 134:6, 177:2, 177:21, 179:6, 196:4, 196:12, 196:14, 229:15, 257:5 seven-and-a-halfminute [1] - 177:2 several [3] - 172:14, 239:2, 414:25 sexting [1] - 44:24 sexual [1] - 322:18 shape [1] - 331:8 share [1] - 443:14 shared [3] - 320:25, 321:7, 321:10 sheet [3] - 59:20, 59:24, 119:4 shift [4] - 179:19, 417:21, 454:8, 454:9 shifting [1] - 438:18 shock [1] - 280:17 shocked [1] - 285:1 shoes [3] - 83:11, 84:13, 295:14 short [4] - 148:11, 162:9, 228:23, 427:16 show [32] - 15:4, 36:16, 41:14, 43:20, 43:22, 43:23, 44:10, 61:8, 61:18, 63:18, 74:13, 74:24, 97:13, 111:1, 111:10, 111:24, 122:12, 122:20, 140:13, 140:19, 198:10, 199:13, 201:16, 226:18, 237:16, 277:9, 299:5, 308:1, 308:15, 331:6, 424:21 Page 45 showed [7] - 85:16, 115:17, 302:23, 352:15, 380:22, 381:24, 382:11 shower [1] - 365:3 showing [4] - 172:17, 174:11, 226:23, 403:1 shown [2] - 138:12, 139:6 shows [12] - 15:4, 16:6, 17:1, 43:23, 91:1, 158:18, 169:24, 329:19, 367:2, 397:14, 403:22, 453:7 sic [2] - 229:16, 249:5 side [13] - 20:19, 100:3, 204:3, 204:5, 204:6, 210:22, 211:8, 216:10, 240:5, 317:14, 317:17, 347:18, 403:22 sideline [6] - 191:10, 230:15, 246:14, 257:9, 257:14, 260:7 sidelines [2] - 230:13, 247:7 sigma [1] - 408:25 sign [5] - 22:17, 83:10, 83:15, 83:20, 83:25 signature [2] - 239:4, 240:2 signed [14] - 64:20, 65:23, 65:24, 83:17, 83:22, 84:3, 84:13, 239:2, 239:6, 240:1, 258:15, 259:1, 259:3, 299:22 significance [60] 81:2, 164:17, 164:19, 165:1, 165:16, 165:18, 166:5, 166:9, 167:2, 172:4, 175:14, 175:22, 176:1, 176:4, 176:6, 177:13, 182:6, 197:6, 198:13, 198:20, 199:3, 200:10, 201:3, 203:5, 203:19, 207:16, 207:22, 208:5, 211:12, 222:4, 223:13, 223:19, 223:25, 287:12, 328:7, 329:4, 349:8, 354:18, 368:1, 06/25/2015 03:43:11 PM 370:21, 403:4, 403:10, 412:25, 413:6, 413:8, 417:16, 420:20, 421:5, 432:11, 432:24, 434:14, 435:4, 435:15, 435:18, 435:19, 438:8, 442:15, 443:1, 443:18, 443:21 significant [78] - 17:4, 17:24, 52:22, 54:10, 122:24, 159:7, 162:18, 162:21, 164:3, 164:15, 165:13, 166:19, 166:22, 167:4, 167:6, 168:8, 175:19, 178:7, 179:20, 181:17, 182:1, 182:9, 186:11, 199:12, 199:14, 199:17, 199:22, 200:22, 201:10, 201:25, 202:11, 202:13, 202:17, 203:3, 203:23, 205:18, 210:4, 222:17, 223:7, 224:8, 225:13, 327:16, 327:25, 345:24, 354:25, 360:5, 360:16, 362:3, 367:24, 368:16, 374:2, 374:3, 374:5, 395:6, 402:10, 411:8, 414:9, 420:7, 420:17, 425:5, 425:6, 429:14, 431:2, 431:10, 431:25, 432:16, 434:23, 435:1, 436:13, 436:15, 439:2, 446:13, 451:2, 451:25, 452:12, 452:16, 453:13, 453:18 significantly [3] 172:12, 395:19, 401:17 silly [4] - 453:10, 453:11, 453:14, 453:22 SIM [2] - 105:19, 106:12 similar [4] - 41:15, 41:16, 42:19, 283:25 similarly [2] - 420:11, 06/25/2015 03:43:11 PM 422:17 simple [3] - 16:19, 423:17, 427:17 simpler [2] - 419:5, 442:16 simply [10] - 16:9, 19:2, 38:6, 46:18, 158:16, 203:19, 225:8, 380:24, 427:7, 448:16 simulate [3] - 352:20, 358:16, 406:18 simulated [2] 352:25, 359:4 simulation [3] 384:11, 444:6, 446:20 simulations [11] 197:16, 199:4, 328:23, 358:12, 358:13, 358:21, 358:23, 366:19, 406:17, 443:4, 444:2 simultaneously [3] 131:5, 134:16 single [1] - 372:16 sit [5] - 309:24, 310:25, 317:19, 335:9, 339:17 sitting [6] - 96:8, 97:2, 229:20, 296:2, 395:22, 399:19 situation [10] - 45:9, 49:2, 49:14, 149:12, 194:12, 229:22, 260:10, 276:9, 435:8, 437:18 situations [2] - 36:8, 435:16 six [10] - 48:4, 55:13, 125:10, 125:14, 125:21, 131:24, 229:15, 365:9, 401:13, 419:21 six-minute-and-21second [1] - 132:3 sizes [2] - 435:17, 439:3 skeptic [1] - 441:13 slices [1] - 153:21 slickers [2] - 407:8, 407:9 Slide [2] - 172:2, 172:16 slide [25] - 158:18, 159:19, 160:12, 161:10, 162:12, 162:25, 163:14, 164:14, 166:3, 169:3, 174:2, 174:10, 174:11, 174:13, 175:13, 176:24, 177:3, 181:13, 183:24, 184:15, 185:17, 187:5, 187:14, 199:19 slides [8] - 199:15, 199:16, 207:25, 208:2, 208:7, 208:10, 417:10, 417:16 slight [1] - 404:20 slowly [2] - 164:6, 292:21 small [13] - 176:1, 229:21, 285:25, 435:16, 435:20, 435:24, 436:6, 436:14, 436:15, 437:4, 439:3, 447:13 smaller [4] - 166:23, 166:24, 436:21, 451:23 smallest [2] - 436:24, 437:2 smart [1] - 90:20 Snyder [47] - 15:22, 17:16, 148:25, 150:5, 150:7, 150:16, 151:8, 160:14, 171:10, 188:25, 190:19, 194:1, 194:22, 194:23, 207:9, 222:19, 270:8, 290:19, 326:20, 328:25, 330:20, 352:14, 359:9, 359:11, 361:12, 363:15, 363:20, 364:7, 365:7, 365:21, 366:5, 366:11, 374:12, 375:19, 380:9, 380:19, 414:17, 416:16, 416:21, 417:6, 417:15, 421:4, 426:10, 438:7, 438:16, 445:11, 447:23 SNYDER [2] - 4:9, 5:16 Snyder's [5] - 361:5, 367:14, 414:11, 418:15, 432:6 so-called [8] - 17:10, 177:17, 184:25, 203:2, 213:19, 213:21, 316:1, Page 46 to 46 of 54 355:17 soaked [1] - 407:24 social [2] - 43:15, 165:3 Society [2] - 210:25, 412:23 soft [5] - 56:18, 57:1, 57:2, 59:4 soften [1] - 12:8 softer [2] - 56:22, 56:23 softness [1] - 56:20 SOKOLY [1] - 3:12 solely [2] - 198:1, 244:20 solid [1] - 442:12 solve [1] - 345:23 solving [2] - 346:6, 346:8 someone [17] - 28:6, 28:8, 74:9, 77:19, 83:17, 83:23, 84:7, 84:12, 92:4, 113:2, 191:10, 249:10, 257:24, 307:4, 319:9, 350:21, 396:12 sometime [1] - 58:7 sometimes [16] - 18:1, 53:10, 54:3, 71:20, 83:18, 88:16, 120:5, 196:6, 231:24, 315:14, 377:23, 377:24, 407:8, 441:25, 442:1, 453:7 somewhat [3] - 93:1, 281:24, 435:6 somewhere [7] - 81:6, 91:1, 232:22, 279:11, 279:12, 286:8, 323:5 soon [1] - 390:24 sooner [3] - 408:11, 408:18, 409:9 sorry [38] - 42:21, 45:4, 63:24, 71:10, 94:10, 94:12, 112:19, 121:7, 170:9, 193:13, 202:3, 204:3, 207:17, 224:22, 229:1, 242:22, 244:12, 244:17, 252:2, 265:2, 277:11, 277:18, 298:8, 298:11, 318:5, 373:12, 376:4, 376:13, 388:19, 392:3, 397:12, 397:13, Page 46 399:10, 402:13, 454:6, 455:22 sort [15] - 50:2, 82:13, 82:22, 153:13, 154:5, 158:19, 160:18, 165:22, 168:12, 169:23, 216:18, 220:21, 353:2, 356:12, 382:24 sorts [4] - 329:7, 350:9, 355:8, 360:6 sound [2] - 182:4, 406:12 sounds [2] - 33:7, 67:10 source [3] - 84:11, 285:18, 285:21 sources [2] - 218:22, 297:4 speaking [3] - 6:9, 7:5, 442:24 speaks [4] - 120:2, 129:12, 149:7, 210:8 special [1] - 80:3 specialty [2] - 151:10, 286:10 specific [14] - 23:17, 35:19, 51:11, 86:12, 153:13, 191:6, 273:5, 274:14, 295:20, 295:21, 337:12, 362:7, 397:5, 397:6 Specifically [1] 172:10 specifically [14] 26:10, 46:8, 51:10, 104:11, 147:8, 172:8, 327:10, 360:12, 370:10, 370:14, 379:18, 379:21, 380:5, 380:17 specifics [4] - 53:2, 191:7, 304:6, 304:7 specified [2] - 289:2, 289:3 specifying [1] 240:15 speculate [5] 135:16, 135:21, 137:9, 138:2, 138:23 speculation [1] 181:2 speculative [1] - 32:23 speech [1] - 294:14 speed [1] - 54:10 spell [1] - 345:11 spend [7] - 20:8, 21:8, 164 of 172 sheets 39:3, 52:22, 86:5, 287:15, 442:9 spent [4] - 208:3, 329:15, 423:11, 441:20 spiking [1] - 121:6 spirit [1] - 135:19 sports [3] - 322:8, 322:19, 322:20 spot [5] - 336:13, 338:18, 393:17, 393:18 sprayed [1] - 383:9 spraying [1] - 383:8 square [1] - 113:23 squeeze [3] - 120:15, 120:18, 120:23 squeezed [2] - 59:3, 59:4 squished [1] - 351:4 STACEY [1] - 2:22 stadium [12] - 82:8, 83:12, 84:4, 123:10, 128:5, 129:6, 133:3, 133:7, 133:9, 133:11, 146:12, 146:23 staff [3] - 154:16, 238:6, 320:18 stagnant [1] - 393:11 Stamp [2] - 104:12, 367:15 stand [4] - 47:4, 263:4, 308:15, 427:25 standard [36] - 21:12, 22:1, 22:7, 31:9, 52:19, 65:8, 163:20, 165:1, 165:3, 165:23, 165:24, 167:3, 176:3, 181:21, 210:3, 223:19, 308:21, 324:15, 324:16, 324:21, 324:24, 325:3, 325:12, 325:13, 325:16, 353:19, 354:17, 371:11, 404:21, 405:6, 405:7, 408:24, 408:25, 420:22, 424:25, 433:2 Standards [1] - 353:19 standing [1] - 309:1 stands [4] - 242:17, 242:18, 242:20, 437:3 Stanford [3] - 156:15, 346:23, 347:15 165 of 172 sheets start [21] - 67:4, 129:8, 138:10, 158:17, 159:19, 169:14, 170:17, 222:25, 237:23, 247:3, 292:14, 292:21, 293:2, 319:3, 331:18, 349:17, 360:23, 370:2, 383:19, 410:19, 455:9 started [32] - 7:15, 87:16, 87:17, 87:18, 89:6, 106:19, 151:20, 155:25, 229:24, 234:11, 280:4, 280:5, 291:7, 292:11, 292:18, 293:19, 315:24, 332:12, 389:9, 390:24, 391:5, 391:15, 391:18, 397:16, 399:2, 399:4, 399:11, 400:15, 405:18, 410:13, 425:18, 455:13 starting [26] - 28:21, 126:24, 134:5, 163:5, 163:6, 163:9, 174:24, 181:10, 181:11, 184:5, 186:1, 186:15, 187:8, 187:13, 200:10, 216:4, 216:22, 292:24, 354:12, 363:8, 374:13, 374:15, 375:4, 375:7, 406:11, 432:4 starts [2] - 170:2, 170:10 STATE [1] - 1:24 State [9] - 47:7, 150:10, 227:22, 261:5, 345:5, 411:20, 412:15, 439:17, 457:8 state [12] - 47:12, 150:14, 209:4, 209:5, 228:1, 261:9, 266:9, 266:15, 345:9, 411:24, 428:4, 439:21 statement [23] - 40:7, 57:17, 84:10, 100:11, 182:2, 193:16, 206:13, 208:6, 212:11, 222:19, 248:15, 264:14, 271:8, 275:24, 278:13, 304:22, 306:22, 315:17, 334:1, 337:15, 391:23, 432:18, 436:3 STATEMENTS [1] 5:3 statements [8] - 7:24, 11:6, 35:15, 119:22, 121:3, 337:2, 341:6, 341:8 states [6] - 105:17, 134:2, 213:9, 213:10, 258:16, 380:23 States [3] - 324:23, 325:4, 347:17 stating [3] - 201:18, 225:6, 275:6 stationed [1] - 307:18 Statistical [1] - 412:4 statistical [136] 15:25, 151:13, 151:15, 151:16, 152:1, 152:7, 153:3, 153:15, 156:9, 156:22, 157:16, 157:21, 158:9, 163:20, 164:16, 164:19, 165:1, 165:7, 165:16, 165:18, 166:4, 166:9, 166:14, 166:15, 166:17, 167:2, 173:19, 175:14, 175:22, 175:25, 176:4, 176:6, 177:14, 180:24, 181:14, 181:16, 182:3, 182:5, 187:22, 194:3, 195:1, 195:5, 195:8, 197:6, 197:22, 198:2, 198:4, 198:13, 198:20, 199:3, 200:9, 201:3, 201:17, 203:5, 203:18, 207:16, 207:22, 208:5, 208:13, 211:12, 212:16, 213:3, 213:4, 213:13, 222:3, 223:13, 223:19, 223:25, 285:5, 285:9, 286:21, 286:25, 287:12, 328:7, 329:3, 349:8, Page 47 to 47 of 54 349:16, 349:17, 349:20, 354:8, 354:14, 354:18, 359:17, 360:2, 360:11, 360:15, 361:2, 361:22, 362:7, 363:3, 363:10, 366:25, 367:17, 367:20, 368:1, 368:5, 368:10, 370:20, 371:7, 395:14, 412:18, 412:21, 412:25, 413:6, 413:8, 413:12, 414:17, 415:1, 420:20, 421:5, 423:7, 424:2, 428:15, 428:19, 429:23, 432:11, 432:12, 432:24, 433:3, 433:16, 434:14, 435:3, 436:25, 438:5, 438:8, 439:2, 441:7, 442:14, 443:1, 443:21, 445:17, 449:8, 450:4, 450:7, 450:11, 450:12 statistically [53] 17:3, 17:23, 159:7, 164:15, 165:13, 166:19, 166:22, 167:4, 175:19, 179:20, 181:16, 182:1, 182:9, 194:6, 200:22, 201:24, 202:10, 202:12, 202:17, 203:3, 203:23, 205:18, 210:3, 222:17, 223:7, 224:8, 225:13, 327:15, 327:25, 354:25, 360:5, 361:16, 362:3, 367:24, 368:16, 371:12, 395:6, 414:9, 420:6, 420:16, 425:5, 425:6, 430:22, 431:3, 434:23, 435:1, 446:7, 446:13, 451:2, 451:25, 452:12, 452:16, 453:18 statisticallyaccepted [1] 371:12 statistician [7] 187:23, 286:13, 286:16, 330:16, Page 47 347:9, 437:15, 452:20 statisticians [6] 283:11, 284:19, 330:8, 381:22, 424:16, 435:7 statistics [22] - 16:3, 73:17, 74:1, 152:13, 157:1, 157:3, 194:24, 201:21, 211:1, 236:6, 236:8, 286:17, 287:19, 287:23, 347:7, 347:10, 348:2, 412:10, 423:2, 441:5, 441:7 Statistics [2] - 412:15, 412:23 stay [5] - 88:25, 128:19, 237:2, 335:18, 365:25 stayed [1] - 133:19 staying [1] - 366:15 steel [1] - 153:17 Steffey [8] - 347:8, 411:17, 412:1, 412:7, 414:10, 427:21, 438:1 STEFFEY [2] - 4:15, 5:23 stenographic [1] 457:10 step [3] - 160:18, 165:16, 276:11 STEPHEN [1] - 4:5 stepped [3] - 88:13, 88:15, 230:10 steps [5] - 54:21, 158:6, 190:11, 230:15, 232:21 Steroid [1] - 9:14 steroids [2] - 9:12, 9:15 Steve [2] - 101:13, 331:25 sticker [1] - 299:11 sticking [1] - 328:14 Stickum [1] - 26:4 still [17] - 20:16, 45:14, 76:11, 96:1, 97:3, 116:16, 129:16, 264:6, 302:10, 343:18, 390:18, 401:8, 401:11, 401:14, 402:4, 410:20, 436:15 Still [1] - 78:20 stimulate [1] - 353:4 stimulations [1] - 06/25/2015 03:43:11 PM 329:5 stock [1] - 153:20 stood [1] - 307:9 stop [6] - 151:15, 176:7, 181:18, 271:1, 333:4, 350:12 stopped [1] - 400:1 story [2] - 291:2, 420:10 straight [1] - 134:3 strategy [1] - 154:6 STRAUSS [1] - 2:19 STRAWN [1] - 3:8 street [1] - 128:9 Street [2] - 3:3, 4:4 stress [6] - 92:17, 93:14, 275:20, 275:25, 276:25, 317:1 strike [6] - 211:5, 211:6, 219:12, 295:7, 296:17, 297:3 striking [2] - 181:19, 192:8 strong [3] - 172:7, 435:21 struck [1] - 446:20 structure [3] - 221:18, 428:21, 429:2 structured [6] 201:23, 428:24, 429:5, 429:6, 429:10, 430:6 student [1] - 211:1 students [3] - 152:23, 154:15, 282:22 studied [11] - 151:21, 152:9, 167:8, 201:4, 208:11, 208:22, 210:17, 218:14, 337:17, 426:12, 426:15 studies [8] - 152:5, 165:14, 329:4, 329:6, 431:24, 433:17, 440:23, 440:24 study [13] - 16:5, 151:13, 152:13, 200:11, 201:2, 210:16, 373:3, 380:15, 413:15, 434:15, 434:21, 441:6, 451:11 studying [3] - 163:22, 442:10, 442:25 stuff [6] - 124:19, 128:18, 306:23, 313:19, 338:25, 353:3 06/25/2015 03:43:11 PM subatomic [1] 440:24 subject [19] - 9:5, 31:14, 35:22, 36:3, 36:14, 37:12, 65:1, 84:19, 200:25, 213:25, 222:20, 265:12, 272:1, 278:7, 332:25, 335:25, 336:21, 341:25, 402:10 submit [10] - 13:18, 33:9, 36:15, 38:2, 38:15, 38:18, 40:18, 42:3, 42:6, 344:14 submitted [3] - 39:17, 89:13, 105:10 subsequently [2] 82:19, 220:17 substance [7] 134:12, 262:2, 274:11, 275:2, 275:18, 303:8, 444:15 Substances [1] - 26:3 substantial [10] 32:21, 32:25, 34:9, 34:22, 38:17, 40:10, 40:11, 41:1, 41:23, 242:25 substantially [1] 266:2 substantive [3] 267:10, 269:17, 269:21 substantively [1] 221:20 subtraction [1] 216:19 sucked [1] - 63:8 sucks [1] - 92:12 sudden [1] - 37:20 suddenly [1] - 451:24 sufficient [10] - 74:6, 205:24, 206:16, 206:22, 207:2, 207:5, 210:23, 286:4, 289:23, 370:4 sufficiently [2] 289:24, 316:18 suggest [6] - 29:14, 32:18, 41:13, 44:13, 68:2, 68:5 suggested [8] - 323:5, 369:25, 370:19, 387:16, 395:7, 395:9, 404:12, 452:24 suggesting [2] 207:9, 207:12 suggestion [3] 259:20, 453:1, 453:4 suggestive [4] 446:14, 452:17, 452:19, 452:21 suggests [3] - 38:24, 338:21, 370:11 suitable [1] - 343:6 Suite [1] - 4:4 sum [1] - 356:15 summarize [2] 357:18, 357:20 Summary [6] - 263:1, 263:10, 264:8, 273:6, 300:22, 326:23 summary [2] - 273:18, 382:24 Sunday [2] - 135:3, 147:1 Super [26] - 47:25, 71:16, 71:20, 76:3, 76:10, 76:13, 77:3, 77:8, 77:14, 77:18, 77:23, 79:20, 81:4, 81:10, 84:21, 111:13, 128:20, 130:15, 132:25, 141:21, 141:23, 142:1, 142:8, 142:19, 142:21, 142:25 Superimposed [1] 403:20 supervised [3] 152:22, 153:1, 285:20 supervising [1] 433:8 Supplemental [1] 101:23 support [5] - 181:9, 284:11, 327:7, 346:6, 349:1 supported [3] - 162:3, 349:22, 427:8 suppose [1] - 39:15 supposed [9] - 62:23, 70:7, 94:11, 277:20, 278:3, 283:16, 283:17, 323:9, 323:11 surely [1] - 46:2 surface [1] - 35:3 surgery [1] - 313:2 surprise [1] - 219:8 surprised [1] - 214:1 surrounding [1] 261:17 suspected [2] - 164:7, Page 48 to 48 of 54 164:9 suspend [1] - 20:22 suspended [4] 24:17, 25:11, 45:3, 249:9 suspenders [1] 283:8 suspending [1] 45:11 suspends [1] - 250:2 suspension [4] - 36:3, 36:14, 45:7, 45:17 sustained [2] - 271:6, 271:24 swapped [1] - 407:12 swaps [1] - 91:4 swear [1] - 261:2 sweatshirts [1] 407:9 switch [2] - 190:23, 190:24 switched [4] - 161:2, 161:22, 369:3, 369:9 switching [1] - 413:24 sworn [8] - 47:6, 150:9, 227:21, 261:4, 345:4, 380:1, 411:19, 439:16 symbols [1] - 430:13 synch [1] - 446:16 Syracuse [1] - 322:15 system [1] - 28:10 T t-test [2] - 419:8, 419:16 Tab [1] - 198:25 Table [10] - 159:22, 160:13, 161:11, 166:7, 173:11, 198:3, 198:15, 201:15, 208:21, 225:3 table [8] - 159:21, 162:24, 163:1, 166:7, 166:12, 169:22, 212:8, 369:14 tack [1] - 53:7 tackiness [1] - 55:19 tackled [1] - 426:4 Tagliabue [2] - 45:5, 46:7 tailored [1] - 335:25 takeaway [2] - 179:15, 194:2 talent [1] - 284:23 talks [5] - 22:20, 140:9, 238:20, Page 48 314:25, 397:4 tamper [1] - 147:22 tampered [5] - 16:13, 18:19, 254:13, 319:16, 320:5 tampering [18] 16:24, 193:1, 207:24, 208:15, 209:2, 209:7, 209:8, 209:12, 209:22, 210:10, 249:20, 314:15, 316:17, 327:9, 329:17, 329:20, 349:4 tape [3] - 303:19, 303:22 task [1] - 30:19 tasked [3] - 33:18, 145:3, 145:8 taught [2] - 152:12, 152:16 teacher [1] - 188:24 teaching [2] - 151:7, 152:20 Team [1] - 307:7 team [63] - 10:7, 10:10, 11:9, 16:4, 17:16, 21:2, 22:17, 23:20, 47:18, 56:14, 75:14, 86:3, 100:16, 100:22, 101:12, 101:15, 101:17, 107:8, 107:12, 108:25, 109:5, 110:1, 110:2, 138:11, 155:11, 155:16, 158:13, 173:22, 174:5, 195:4, 195:7, 236:12, 245:24, 255:18, 256:16, 262:13, 264:17, 267:5, 268:24, 284:25, 286:8, 286:18, 291:21, 307:6, 324:10, 324:13, 331:14, 332:22, 334:25, 341:4, 346:25, 347:4, 348:8, 378:8, 406:6, 413:4, 416:21, 417:6, 423:25, 424:3, 424:4, 438:16 teams [22] - 152:23, 206:1, 237:2, 255:14, 256:5, 256:8, 256:10, 256:11, 256:14, 256:18, 256:21, 166 of 172 sheets 258:7, 259:21, 260:3, 260:4, 296:19, 327:15, 327:20, 355:14, 376:22, 376:24, 408:13 tech [1] - 197:20 technical [8] - 183:8, 345:23, 348:21, 417:12, 418:21, 430:11, 430:15, 446:11 techniques [1] - 449:1 Ted [7] - 11:7, 14:25, 15:22, 20:4, 100:12, 118:2, 261:1 telephone [14] - 112:6, 124:7, 125:4, 125:16, 129:24, 130:10, 130:24, 131:4, 131:10, 134:13, 143:14, 143:21, 145:14, 149:23 Telephone [1] - 130:3 telephoned [1] - 262:5 telephones [3] 43:12, 102:2, 149:22 television [2] 406:18, 406:19 temperature [38] 17:12, 18:21, 34:2, 120:11, 169:15, 184:5, 184:7, 192:2, 220:18, 221:5, 231:16, 231:19, 234:24, 235:2, 237:13, 288:9, 288:24, 290:8, 353:25, 364:25, 365:2, 366:6, 372:2, 393:5, 393:7, 393:8, 393:12, 393:15, 394:2, 394:4, 394:5, 394:6, 394:7, 394:11, 394:12, 394:18 temperatures [4] 189:18, 352:12, 353:1 temptation [1] 455:25 ten [12] - 77:16, 99:25, 150:23, 236:20, 386:9, 399:2, 399:4, 420:16, 420:17, 432:12, 432:15, 433:11 tendency [1] - 184:20 term [11] - 183:7, 167 of 172 sheets 183:8, 207:17, 425:7, 425:20, 429:13, 429:20, 429:22, 452:19, 452:21, 452:22 terms [56] - 13:25, 25:2, 26:22, 27:12, 38:13, 39:18, 73:11, 87:22, 92:1, 151:17, 152:8, 156:10, 157:6, 157:11, 157:13, 158:8, 164:18, 172:5, 172:25, 177:14, 185:4, 186:23, 251:15, 260:3, 270:21, 272:22, 276:12, 283:2, 284:14, 296:7, 296:18, 301:10, 304:14, 308:21, 310:24, 315:2, 315:16, 322:19, 323:8, 324:24, 325:6, 332:18, 333:2, 337:22, 337:23, 338:16, 339:19, 339:21, 339:24, 340:9, 341:3, 346:10, 378:22, 428:1, 428:21 tertiary [1] - 329:4 test [40] - 17:17, 178:4, 178:10, 185:4, 198:9, 207:4, 215:10, 229:7, 231:25, 232:5, 232:15, 233:8, 233:24, 282:7, 301:24, 319:14, 328:18, 342:5, 351:2, 351:11, 351:19, 377:12, 377:13, 378:25, 380:14, 383:24, 385:19, 385:20, 385:23, 386:2, 386:19, 387:10, 387:12, 387:21, 387:22, 387:23, 419:8, 419:16, 419:22, 449:11 tested [53] - 16:22, 17:8, 17:9, 17:13, 18:15, 18:24, 93:11, 93:19, 97:10, 203:10, 220:16, 220:17, 233:4, 233:21, 235:6, 235:12, 235:22, 238:1, 255:5, 288:2, 288:19, 288:25, 289:4, 289:10, 291:23, 294:10, 316:2, 319:22, 320:1, 320:11, 351:24, 352:4, 355:4, 355:5, 356:1, 374:25, 376:15, 377:13, 377:15, 378:3, 381:7, 381:10, 381:18, 387:2, 387:5, 389:10, 392:13, 396:1, 413:25, 414:1, 422:4, 431:15 tester [1] - 17:2 testified [19] - 47:7, 150:10, 227:22, 255:11, 255:20, 261:5, 266:10, 295:21, 326:20, 345:6, 411:20, 415:22, 429:8, 431:16, 433:1, 433:25, 434:6, 437:1, 439:17 testifies [1] - 10:12 testify [15] - 11:24, 13:20, 13:21, 15:23, 20:1, 20:2, 37:17, 44:9, 286:19, 329:2, 331:11, 343:12, 400:17, 453:15, 453:20 testifying [1] - 378:3 testimony [34] - 6:22, 19:17, 32:15, 44:2, 48:15, 150:5, 196:25, 200:1, 255:21, 265:24, 266:15, 271:10, 279:20, 290:17, 293:5, 302:5, 304:4, 304:9, 307:17, 307:24, 308:14, 350:22, 359:8, 377:19, 378:5, 379:20, 379:23, 379:25, 380:1, 414:11, 417:13, 427:20, 427:24, 445:10 testing [65] - 16:5, 16:10, 18:12, 18:13, 82:4, 162:3, 165:14, 178:13, 188:7, 215:15, 228:18, 230:12, 230:17, 230:22, 231:2, Page 49 to 49 of 54 231:9, 231:17, 232:19, 233:7, 233:10, 234:3, 234:6, 234:10, 234:11, 234:21, 234:25, 235:3, 237:6, 239:1, 239:7, 249:5, 282:4, 282:14, 282:19, 283:9, 283:18, 285:5, 285:9, 291:15, 298:16, 309:19, 310:1, 310:6, 310:9, 339:20, 339:21, 339:25, 340:3, 349:14, 351:4, 352:1, 352:6, 352:7, 354:2, 354:7, 355:16, 362:15, 375:14, 377:20, 378:19, 392:25, 396:17, 399:18, 406:7, 407:16 Tests [1] - 258:19 tests [16] - 18:16, 197:9, 197:12, 197:15, 198:7, 258:17, 282:20, 283:3, 290:9, 302:2, 302:23, 303:1, 352:5, 376:11, 427:12 text [104] - 37:20, 39:11, 39:19, 40:8, 42:1, 43:20, 43:22, 43:24, 44:7, 76:4, 78:7, 78:14, 78:18, 92:7, 95:20, 100:11, 100:17, 100:23, 101:3, 101:7, 101:11, 101:16, 103:7, 104:3, 104:15, 104:17, 107:17, 109:1, 109:5, 109:14, 110:2, 110:7, 110:8, 110:18, 110:22, 111:2, 111:11, 111:24, 112:1, 112:9, 112:13, 125:12, 125:25, 126:19, 126:23, 127:3, 127:5, 128:21, 129:15, 129:17, 131:18, 132:8, 132:9, 132:15, 133:22, 134:24, 135:4, 135:6, 135:12, 135:15, 135:18, Page 49 136:3, 136:17, 137:22, 138:3, 138:5, 138:9, 138:12, 138:15, 139:12, 139:15, 139:20, 140:11, 140:15, 140:19, 141:2, 141:5, 141:7, 144:17, 144:21, 145:12, 275:16, 277:8, 277:10, 277:18, 310:13, 310:16, 310:21, 311:4, 311:14, 313:7, 316:23, 317:2, 317:6, 332:17, 333:22, 335:24, 337:19, 337:23, 338:1, 338:3, 338:5 texted [1] - 139:22 texts [34] - 14:10, 14:15, 14:22, 14:24, 34:23, 38:25, 39:10, 39:14, 43:8, 43:25, 44:4, 44:5, 44:6, 44:9, 44:10, 44:11, 61:21, 78:4, 79:14, 84:23, 85:14, 85:15, 85:20, 86:9, 89:25, 91:11, 92:2, 95:2, 315:1, 331:15, 335:16, 337:1, 339:12, 341:11 THE [106] - 1:3, 1:24, 49:17, 53:1, 54:14, 54:17, 54:22, 56:2, 56:11, 59:15, 59:18, 60:17, 60:20, 60:23, 61:1, 61:14, 61:17, 66:1, 66:3, 67:2, 68:17, 69:15, 69:18, 69:23, 70:6, 70:21, 70:25, 71:3, 71:10, 71:13, 72:10, 74:23, 80:13, 80:17, 88:11, 88:22, 88:25, 89:4, 89:16, 99:23, 105:15, 109:23, 117:5, 117:8, 117:10, 117:15, 117:18, 117:24, 118:3, 122:21, 124:17, 125:23, 127:25, 128:4, 133:12, 133:18, 136:10, 137:13, 137:15, 137:18, 146:3, 146:6, 146:9, 146:13, 146:15, 146:17, 146:21, 06/25/2015 03:43:11 PM 146:24, 147:4, 147:9, 147:14, 147:18, 148:1, 155:20, 155:25, 156:6, 168:10, 168:17, 168:25, 170:11, 170:16, 170:19, 170:24, 177:9, 178:3, 180:4, 180:12, 180:15, 180:18, 180:22, 189:22, 225:21, 230:5, 252:4, 265:22, 271:25, 298:9, 318:5, 397:12, 398:5, 398:8, 403:25, 409:13, 409:19, 439:12, 449:14 theirs [1] - 423:4 themselves [7] - 7:6, 217:2, 338:21, 355:4, 385:5, 429:4, 449:23 THEODORE [2] - 4:10, 5:18 Theodore [2] - 261:11, 263:12 theoretical [3] - 221:3, 286:11, 288:8 theory [6] - 164:2, 167:14, 250:9, 424:2, 431:21, 441:19 therefore [10] - 23:3, 46:10, 182:2, 182:23, 200:24, 208:6, 266:12, 267:22, 354:25, 356:22 Therefore [2] - 205:22, 222:20 thermo [1] - 393:13 thermodynamics [1] 169:8 thesis [3] - 151:21, 284:6, 284:10 they've [5] - 22:19, 33:25, 158:12, 213:11, 315:5 thick [3] - 98:9, 269:10, 337:25 thinking [8] - 81:4, 128:20, 237:12, 245:17, 366:6, 420:19, 423:16, 441:20 third [12] - 130:2, 134:3, 178:9, 178:11, 205:21, 06/25/2015 03:43:11 PM 242:21, 242:22, 333:7, 350:5, 365:19, 381:11, 430:4 THOMAS [2] - 1:5, 4:9 Thomas [2] - 47:13, 102:6 thorough [2] - 29:19, 31:1 thousands [1] 320:24 thousandth [1] 353:20 Three [1] - 166:11 three [59] - 22:2, 49:18, 54:3, 59:16, 67:14, 70:19, 75:12, 88:15, 111:2, 111:11, 111:24, 117:12, 129:23, 130:2, 132:19, 140:19, 152:5, 158:18, 158:20, 168:12, 168:14, 168:24, 174:3, 175:5, 177:1, 187:18, 191:14, 191:23, 192:4, 199:2, 240:8, 240:13, 292:11, 294:22, 294:25, 297:4, 303:23, 319:23, 320:11, 324:25, 330:14, 330:21, 359:12, 366:8, 376:7, 378:20, 379:2, 380:6, 381:1, 381:3, 381:12, 400:17, 400:25, 401:22, 414:13, 416:9, 417:17, 421:21, 445:13 three-and-a-half [3] 168:14, 168:24, 175:5 three-and-a-halfminute [1] - 177:1 three-page [1] 330:14 three-years' [1] 379:2 threshold [15] 159:17, 165:8, 165:9, 165:20, 168:13, 183:13, 183:15, 183:23, 184:12, 185:19, 187:18, 220:8, 433:3, 433:5, 433:13 threw [2] - 277:17, 338:11 throughout [12] 151:11, 188:6, 204:4, 287:21, 366:1, 366:7, 367:6, 367:8, 372:3, 383:14, 397:18, 407:5 throw [1] - 55:20 throwing [2] - 54:7, 69:7 Thursday [1] - 133:15 time-dependent [3] 169:16, 352:8, 357:4 timed [1] - 360:9 timely [1] - 39:24 timing [130] - 34:1, 126:23, 131:16, 132:14, 134:9, 159:1, 169:7, 169:21, 172:6, 179:18, 179:19, 189:17, 197:24, 198:10, 198:15, 198:17, 198:22, 199:8, 201:8, 201:18, 201:19, 202:1, 202:11, 202:16, 202:18, 203:9, 203:22, 204:1, 204:14, 204:18, 204:21, 205:2, 205:13, 205:24, 206:3, 206:9, 206:22, 207:1, 207:5, 207:11, 210:13, 210:14, 210:17, 210:18, 210:21, 210:22, 211:3, 211:4, 211:14, 211:20, 212:9, 212:25, 213:1, 213:2, 213:12, 213:18, 223:9, 223:23, 233:6, 290:18, 328:16, 328:19, 328:24, 342:19, 357:9, 357:10, 357:13, 357:25, 359:19, 360:1, 360:8, 360:9, 360:16, 360:18, 360:23, 361:1, 373:21, 380:8, 380:11, 380:16, 380:18, 380:19, 380:25, 381:2, 381:4, 381:5, 381:6, Page 50 to 50 of 54 381:9, 381:16, 399:23, 414:19, 415:5, 415:13, 415:14, 416:22, 417:7, 418:8, 418:15, 418:17, 420:9, 422:2, 422:8, 427:22, 428:6, 428:9, 429:8, 429:9, 429:14, 430:8, 430:13, 430:16, 430:21, 431:1, 431:9, 431:14, 431:25, 438:7, 438:13, 438:15, 439:5, 439:8, 445:19, 445:22, 449:8, 449:12, 449:17, 450:7, 450:20 tiny [6] - 404:21, 404:23, 404:25, 408:24, 447:10, 447:14 tipped [1] - 276:20 tips [1] - 276:19 title [3] - 98:13, 345:15, 440:2 today [36] - 8:2, 8:10, 10:22, 15:2, 25:1, 28:23, 30:2, 30:5, 30:9, 31:4, 33:8, 35:6, 38:5, 39:15, 42:6, 96:8, 149:13, 157:19, 196:25, 272:17, 272:21, 272:23, 272:24, 279:15, 279:20, 286:19, 290:17, 321:8, 344:7, 355:19, 364:7, 369:18, 417:13, 455:20, 456:17 together [9] - 8:17, 61:4, 156:5, 263:14, 264:10, 276:18, 276:19, 317:12, 389:19 Tom [28] - 6:12, 6:13, 7:19, 10:23, 10:24, 11:9, 11:11, 13:23, 14:4, 14:6, 14:16, 42:10, 47:3, 52:23, 60:14, 61:6, 63:2, 94:10, 111:20, 128:1, 148:6, 152:4, 273:13, 275:6, 275:17, 275:22, 314:2, 332:1 TOM [4] - 3:4, 3:21, Page 50 4:3, 5:15 Tom's [4] - 13:24, 92:12, 119:13, 332:3 ton [3] - 329:15, 342:5 tongue [1] - 164:18 took [46] - 53:22, 69:24, 70:2, 71:25, 114:18, 156:24, 173:25, 211:20, 212:15, 214:10, 214:15, 214:18, 215:1, 215:13, 246:11, 246:14, 248:4, 251:13, 260:1, 276:5, 292:23, 307:13, 314:22, 320:17, 330:17, 349:18, 351:5, 351:12, 351:20, 352:10, 352:11, 372:17, 380:24, 381:25, 382:8, 396:21, 397:15, 397:22, 406:2, 406:6, 411:11, 412:9, 442:5, 442:16, 454:23 tool [1] - 371:12 tools [1] - 371:7 top [15] - 34:23, 99:1, 99:3, 99:5, 127:2, 132:18, 152:18, 162:13, 169:9, 171:20, 172:19, 174:14, 258:23, 299:8, 353:13 topic [2] - 144:3, 447:18 topics [3] - 100:19, 112:25, 113:6 torrential [1] - 55:1 total [3] - 125:5, 125:6, 131:11 totalities [1] - 392:22 totality [5] - 41:24, 316:19, 316:20, 317:9, 393:3 totally [7] - 264:11, 286:24, 296:24, 303:24, 317:5, 341:5, 359:24 touch [3] - 12:1, 88:16, 246:4 touchdown [2] 73:18, 166:1 touched [1] - 337:21 tough [1] - 147:10 toward [4] - 105:17, 111:9, 111:23, 168 of 172 sheets 115:21 towards [2] - 366:21, 367:7 track [3] - 128:22, 190:5, 226:15 tracked [1] - 190:3 traction [1] - 53:12 traditional [1] - 281:24 traffic [2] - 52:8, 251:20 trained [3] - 192:1, 269:9, 269:10 training [3] - 55:12, 75:16, 122:15 transcribed [1] 161:18 transcript [4] - 340:24, 344:6, 344:10, 344:17 transcription [1] 457:9 transient [53] 172:20, 197:12, 198:6, 198:9, 198:10, 199:3, 204:16, 204:17, 204:20, 205:1, 205:22, 205:23, 206:8, 206:16, 206:21, 215:12, 220:24, 224:15, 225:4, 225:10, 328:17, 328:18, 352:6, 352:7, 352:16, 353:6, 353:11, 353:23, 357:1, 357:2, 358:6, 358:19, 358:22, 366:19, 370:12, 372:4, 382:24, 383:15, 403:3, 403:5, 403:17, 403:18, 404:6, 404:19, 405:11, 405:20, 409:20, 417:19, 438:11, 443:3, 443:8, 444:1, 445:4 transients [1] - 383:1 transition [3] - 171:24, 174:14, 175:6 translated [1] - 375:1 translation [2] - 375:5, 375:9 transparency [1] 344:12 transparent [2] 302:20, 418:21 treated [2] - 249:19, 435:16 169 of 172 sheets treatment [4] - 26:25, 27:4, 249:12, 396:23 trend [1] - 415:17 Trent [1] - 64:11 trial [5] - 31:10, 31:11, 434:7, 434:8, 434:9 trials [1] - 325:4 triangle [3] - 403:10, 404:21, 408:24 tried [20] - 12:24, 107:20, 120:22, 174:5, 178:10, 199:7, 323:21, 329:13, 353:3, 358:16, 384:14, 385:6, 393:10, 393:14, 394:21, 410:23, 410:25, 432:6, 437:13 triple [1] - 193:6 trouble [2] - 445:7, 446:2 TROY [2] - 4:10, 5:17 Troy [1] - 228:3 true [22] - 183:19, 215:24, 218:23, 220:19, 223:2, 234:14, 237:1, 284:22, 296:15, 301:4, 301:5, 342:7, 386:19, 386:20, 386:21, 388:17, 388:22, 432:22, 436:2, 436:4, 436:6, 436:20 truly [1] - 30:18 trust [1] - 14:3 Trustees [1] - 322:16 truth [1] - 30:24 truthful [3] - 268:21, 278:13, 341:8 truthfully [2] - 11:16, 278:11 try [39] - 6:9, 28:17, 49:10, 53:7, 53:16, 54:8, 63:25, 81:6, 94:5, 148:20, 189:6, 248:20, 263:6, 295:16, 295:21, 302:20, 328:19, 352:19, 352:20, 371:1, 384:15, 388:1, 391:8, 396:18, 397:5, 406:18, 407:4, 422:22, 427:16, 431:7, 431:8, 445:6, 448:14, 448:15, 448:17, 450:5, 450:10, 450:21 trying [42] - 26:8, 56:20, 85:18, 88:20, 92:17, 94:21, 95:6, 134:18, 134:21, 144:11, 144:12, 144:25, 147:11, 173:23, 176:9, 178:4, 205:12, 205:13, 206:14, 208:4, 213:20, 229:5, 250:3, 267:11, 268:11, 277:12, 278:12, 278:16, 292:16, 292:17, 292:23, 328:9, 329:16, 338:10, 346:16, 353:4, 355:6, 374:10, 428:8, 436:19, 441:21, 455:5 tubing [1] - 353:16 Tuesday [3] - 1:10, 6:2, 133:14 TULUMELLO [1] 3:22 turn [27] - 8:8, 52:5, 57:4, 66:21, 84:18, 85:9, 85:10, 86:9, 90:10, 98:16, 109:9, 124:22, 125:24, 126:15, 127:1, 129:4, 129:21, 131:8, 132:17, 159:18, 169:2, 205:19, 253:12, 309:13, 311:13, 333:5, 422:19 turned [6] - 83:16, 85:2, 94:1, 230:11, 334:18, 336:5 turning [2] - 155:2, 336:22 turns [5] - 12:25, 17:5, 55:5, 186:8, 443:13 TV [1] - 406:21 twelve [1] - 391:11 twice [5] - 125:19, 125:21, 130:21, 131:10, 411:2 Two [3] - 102:5, 111:20, 111:21 two [129] - 14:22, 27:19, 29:2, 33:11, 54:3, 59:15, 61:3, 67:20, 67:21, 68:19, 76:3, 76:9, 77:20, 79:20, 102:23, 125:5, 126:16, 128:14, 130:12, Page 51 to 51 of 54 130:23, 133:13, 133:19, 134:13, 134:15, 134:23, 135:15, 138:5, 142:12, 143:11, 149:16, 149:22, 151:25, 152:21, 159:8, 160:4, 161:2, 161:19, 163:11, 176:18, 176:20, 178:13, 180:8, 184:20, 186:4, 186:5, 187:25, 189:10, 191:7, 220:7, 223:5, 225:25, 226:9, 226:14, 227:10, 227:15, 232:4, 232:6, 232:8, 233:24, 240:16, 240:24, 251:24, 252:2, 252:4, 252:5, 258:17, 274:7, 276:20, 281:18, 293:15, 293:25, 294:19, 300:25, 306:8, 309:13, 320:1, 327:15, 327:20, 332:16, 333:3, 349:5, 349:8, 352:5, 362:2, 363:8, 369:7, 369:13, 369:15, 369:24, 374:25, 377:20, 378:20, 388:11, 388:20, 389:3, 389:14, 389:17, 389:23, 390:4, 390:13, 390:16, 390:17, 390:18, 391:20, 401:16, 402:4, 402:5, 404:21, 405:7, 405:23, 406:11, 406:12, 408:11, 408:18, 408:25, 409:9, 415:24, 415:25, 416:9, 418:22, 419:1, 419:8, 420:6, 424:14, 437:12, 437:15, 438:10, 456:23 two-hours' [1] - 226:9 two-month [1] - 68:19 two-sample [1] 419:8 two-sigma [1] 408:25 two-week [3] - 77:20, Page 51 79:20, 142:12 Tygon [1] - 353:16 type [9] - 9:6, 15:18, 45:12, 151:17, 151:18, 151:19, 262:9, 267:25, 438:6 types [5] - 231:25, 232:6, 232:8, 305:16, 346:7 typically [7] - 49:13, 55:14, 133:8, 234:4, 234:6, 437:16 U U.S [1] - 152:3 Ugh...Tom [1] - 62:21 ultimate [2] - 32:7, 301:10 ultimately [13] - 12:22, 34:19, 51:25, 64:15, 65:11, 116:1, 120:12, 148:2, 283:1, 301:6, 302:15, 316:17, 423:10 unable [1] - 371:3 unaccompanied [1] 307:21 unanimous [1] 324:11 unapproved [2] 24:10, 250:4 unaware [1] - 113:21 uncertain [6] - 289:6, 289:20, 291:18, 315:7, 343:11, 392:12 uncertainties [5] 187:23, 219:11, 445:2, 445:9, 451:19 uncertainty [28] 160:11, 176:18, 176:19, 176:20, 176:21, 183:20, 187:20, 187:21, 214:12, 290:3, 290:5, 290:7, 290:8, 290:9, 290:10, 291:14, 300:25, 301:16, 301:18, 302:10, 302:12, 302:17, 303:4, 419:25, 437:17, 451:20, 451:21, 451:22 under [64] - 9:7, 9:14, 11:11, 22:22, 25:4, 26:10, 26:14, 26:23, 27:10, 27:11, 27:12, 06/25/2015 03:43:11 PM 28:3, 28:5, 28:9, 28:18, 29:1, 29:8, 30:21, 31:1, 31:7, 31:12, 31:21, 32:3, 32:6, 36:11, 40:23, 45:17, 126:16, 129:11, 149:13, 152:19, 174:19, 175:23, 177:23, 179:22, 186:4, 205:10, 214:16, 221:20, 221:21, 238:3, 238:10, 250:9, 255:20, 266:13, 271:19, 271:21, 295:1, 311:12, 311:21, 311:25, 318:24, 323:12, 325:13, 357:17, 365:10, 379:20, 379:25, 385:15, 400:11, 404:25, 417:17, 420:5, 429:3 undergraduate [1] 412:9 underinflated [2] 218:7, 378:13 underlying [2] - 31:16, 344:9 undermine [1] - 331:2 underneath [4] 126:3, 131:23, 134:2, 407:8 underscores [1] 193:20 understood [13] 205:1, 220:20, 220:21, 281:4, 305:12, 305:13, 358:1, 359:6, 377:23, 401:23, 413:8, 424:17, 439:5 undertaken [2] 323:19, 427:12 unequivocal [1] 34:15 unexamined [2] 222:21, 223:9 unexplained [4] 175:21, 177:17, 179:12, 179:21 unfair [1] - 135:20 unfortunately [2] 28:1, 350:23 unfounded [6] 359:24, 361:19, 361:20, 364:1, 364:2, 368:22 unidentified [2] 06/25/2015 03:43:11 PM 222:21, 223:8 Uniform [2] - 26:3, 26:6 uniform [2] - 228:14, 393:17 uniforms [1] - 25:14 unimportant [1] 211:3 Union [6] - 245:17, 305:6, 335:2, 335:4, 335:9, 344:6 unit [1] - 243:18 United [3] - 324:22, 325:4, 347:17 University [15] 47:15, 150:23, 151:1, 151:3, 151:4, 155:12, 280:9, 322:15, 346:24, 347:15, 347:20, 412:11, 412:15, 440:1, 440:9 unknown [3] - 17:19, 17:20, 315:6 unknowns [8] - 16:10, 17:6, 17:15, 17:21, 287:25, 315:10, 315:17, 315:20 unless [8] - 7:11, 21:19, 166:1, 266:14, 275:1, 275:8, 298:6, 393:21 unlike [1] - 377:10 unlikely [6] - 167:9, 208:24, 208:25, 210:15, 243:3, 377:11 unprecedented [2] 130:17, 132:24 unquestioned [1] 29:21 unrealistic [6] - 94:22, 95:7, 95:12, 95:23, 95:25, 145:1 unreliable [2] - 286:5, 317:22 unreported [3] 211:21, 212:5, 212:7 unscientifically [1] 193:5 unusual [5] - 13:8, 72:15, 87:21, 88:3, 142:23 unweighted [1] 423:19 up [93] - 6:9, 16:25, 19:4, 19:5, 19:6, 28:25, 31:5, 36:19, 41:9, 43:24, 44:5, 44:6, 45:2, 50:3, 50:17, 54:10, 54:23, 57:14, 64:3, 69:7, 69:11, 70:6, 70:7, 80:13, 81:15, 91:1, 92:16, 93:5, 93:6, 93:10, 94:23, 95:8, 103:20, 104:1, 115:5, 116:16, 126:18, 129:1, 140:13, 142:23, 153:10, 154:25, 156:2, 156:18, 164:10, 169:15, 171:17, 171:24, 172:14, 173:2, 178:3, 190:25, 205:13, 221:1, 223:11, 223:19, 227:14, 231:14, 238:8, 247:14, 259:17, 284:23, 291:7, 350:3, 352:22, 353:11, 356:16, 360:2, 360:4, 361:22, 364:11, 364:23, 366:25, 370:5, 372:19, 384:21, 384:22, 390:9, 395:7, 397:24, 400:17, 400:23, 400:24, 401:14, 402:3, 405:25, 421:17, 443:18, 447:17, 453:16, 455:19, 456:24 upcoming [1] - 331:25 updated [1] - 99:6 upfront [1] - 75:18 upside [1] - 173:16 uptick [1] - 302:24 urge [2] - 13:16, 149:8 usage [6] - 114:1, 114:4, 349:10, 350:7, 356:3, 388:6 useful [1] - 456:19 uses [2] - 262:19, 433:16 utilized [2] - 230:22, 232:22 V valid [1] - 438:8 validate [2] - 358:19, 421:14 valuable [1] - 42:15 value [24] - 166:6, 166:23, 168:13, 177:12, 177:14, Page 52 to 52 of 54 177:23, 177:24, 179:9, 179:11, 181:10, 181:11, 187:8, 187:13, 216:4, 216:22, 222:5, 222:7, 418:2, 418:20, 419:20, 420:4, 420:15, 424:23, 425:23 value's [2] - 166:13, 420:12 values [16] - 149:14, 163:5, 163:6, 163:9, 166:19, 174:24, 186:1, 186:15, 186:16, 381:24, 403:20, 417:15, 418:23, 418:24, 419:13, 432:14 variability [45] 180:24, 181:15, 182:10, 222:15, 222:16, 222:23, 223:14, 224:1, 224:13, 225:7, 361:3, 361:14, 361:15, 361:23, 362:6, 362:18, 362:23, 363:1, 383:25, 387:9, 417:1, 419:15, 419:24, 419:25, 420:2, 429:23, 432:10, 434:24, 437:18, 437:19, 437:22, 438:22, 438:23, 446:5, 446:7, 446:22, 449:16, 449:19, 451:3, 451:25, 454:11, 454:22, 455:6, 455:13 variable [28] - 173:14, 201:13, 206:25, 213:20, 213:21, 215:4, 362:5, 365:1, 380:11, 380:16, 380:19, 380:20, 380:25, 419:19, 429:8, 429:9, 429:25, 430:8, 430:16, 430:21, 431:2, 431:3, 431:10, 431:16, 438:7, 439:1, 450:7 variables [4] - 173:12, 198:16, 202:14, 210:19 variance [9] - 181:8, 182:14, 182:21, Page 52 182:25, 183:6, 224:7, 224:10, 419:17, 451:23 variances [2] - 159:6, 420:15 variants [1] - 181:3 variation [12] - 159:3, 205:24, 205:25, 206:22, 212:19, 213:6, 213:24, 222:9, 361:24, 362:19, 368:6, 421:7 variations [2] 169:15, 362:1 variety [3] - 17:13, 345:22, 346:15 various [13] - 27:6, 41:19, 52:7, 76:4, 82:11, 206:5, 298:15, 306:12, 351:21, 352:10, 352:12, 358:1 vary [3] - 17:18, 17:19, 428:2 veering [1] - 355:20 verbally [1] - 265:18 verdict [1] - 324:9 verifying [1] - 358:22 version [5] - 88:11, 88:19, 197:20, 376:21, 430:9 versus [13] - 19:21, 73:10, 217:8, 240:23, 241:1, 319:15, 323:25, 364:4, 365:18, 368:17, 382:21, 422:9, 447:7 VI [1] - 124:24 Vice [10] - 2:6, 2:7, 24:12, 24:22, 25:1, 25:6, 228:6, 228:9, 249:24, 263:15 vice [4] - 246:7, 345:16, 345:17, 347:14 victory [1] - 424:24 videotape [1] - 352:19 view [21] - 19:9, 19:15, 95:19, 154:5, 188:2, 191:19, 201:19, 210:2, 249:8, 273:12, 284:2, 322:23, 378:13, 416:12, 443:20, 443:25, 444:4, 444:22, 444:25, 454:25, 455:6 viewed [4] - 24:15, 271:11, 276:12, 170 of 172 sheets 304:20 viewing [1] - 348:16 views [9] - 190:15, 287:19, 361:6, 363:15, 366:11, 371:16, 373:4, 447:23, 448:7 vigorously [1] 396:12 Vikings [9] - 23:10, 23:12, 246:14, 253:10, 253:17, 253:21, 254:2, 259:17, 260:13 Vikings' [1] - 36:18 VINCENT [2] - 4:10, 5:17 Vincent [19] - 8:17, 14:14, 19:18, 20:1, 25:2, 27:25, 28:7, 28:8, 226:4, 227:13, 228:1, 228:3, 228:4, 229:10, 241:9, 249:18, 251:9, 310:10, 310:14 Vincent's [1] - 27:16 violate [1] - 248:20 violated [2] - 20:25, 252:16 violating [1] - 86:12 violation [8] - 32:19, 33:16, 35:11, 36:16, 218:7, 234:1, 234:5, 245:15 violations [7] - 24:25, 45:12, 228:14, 245:10, 269:19 Violations [1] - 26:7 violence [1] - 46:3 Virginia [1] - 151:3 virtually [2] - 152:9, 153:21 vitamins [1] - 153:21 void [1] - 425:24 W wait [1] - 135:25 waive [1] - 265:13 waiver [1] - 270:2 waives [1] - 267:6 waiving [4] - 8:6, 267:12, 269:13, 270:21 walk [7] - 83:19, 128:8, 146:11, 158:19, 163:1, 169:23, 307:20 walked [3] - 305:10, 308:10, 309:8 171 of 172 sheets Walt [18] - 34:14, 183:18, 291:23, 293:16, 293:22, 293:23, 294:1, 294:6, 295:3, 296:21, 297:21, 301:13, 302:21, 303:7, 359:2, 369:3, 369:9, 455:10 wants [3] - 9:18, 266:14, 268:10 Warm [2] - 257:1, 257:2 warm [16] - 19:3, 169:1, 171:17, 221:1, 221:7, 234:16, 245:24, 246:3, 246:12, 256:25, 257:10, 260:1, 290:25, 370:5, 443:11, 447:17 WARM [1] - 257:2 warmed [7] - 36:19, 172:14, 173:1, 246:18, 256:24, 257:16, 259:21 warmer [8] - 23:22, 168:19, 169:10, 169:12, 178:17, 220:18, 257:25, 291:6 warming [4] - 254:2, 255:15, 256:18, 428:5 warms [1] - 171:23 warmth [2] - 178:19, 178:22 warmup [1] - 72:9 warned [6] - 256:6, 256:8, 256:10, 256:24, 258:7, 260:4 warning [1] - 23:15 warranted [2] 210:16, 355:1 Washington [3] 2:21, 3:4, 3:22 washy [2] - 324:20, 324:21 waste [1] - 242:15 wasting [1] - 442:20 watch [4] - 283:6, 283:16, 379:1, 406:17 watching [1] - 128:17 water [4] - 55:17, 55:19, 407:24 waterlogged [1] 407:22 wave [1] - 82:23 ways [3] - 82:11, 419:1, 438:10 weather [7] - 16:18, 55:6, 55:9, 68:21, 69:17, 70:5 Wednesday [1] 133:14 week [8] - 49:14, 77:20, 79:20, 123:11, 133:4, 142:12, 330:20, 441:25 weeks [11] - 54:3, 54:4, 55:13, 69:10, 76:2, 76:3, 76:9, 117:12, 134:23 weigh [2] - 40:17, 42:7 weight [1] - 14:2 weighted [1] - 423:18 weird [1] - 393:16 Weiss [35] - 100:16, 100:22, 109:4, 110:2, 113:1, 113:6, 123:18, 138:11, 261:14, 262:14, 263:13, 263:14, 264:17, 264:23, 267:5, 268:7, 270:16, 271:9, 278:21, 280:11, 280:20, 284:19, 285:8, 300:24, 315:6, 327:5, 347:6, 348:8, 348:23, 357:25, 384:9, 406:6, 407:4, 408:9, 408:17 WEISS [1] - 3:15 welcome [2] - 6:6, 439:14 well-calibrated [2] 184:25, 426:21 well-known [1] - 48:11 Wells [118] - 8:19, 8:25, 10:3, 10:7, 11:4, 11:5, 15:4, 16:5, 16:8, 17:6, 20:2, 20:9, 22:21, 25:21, 26:16, 29:20, 30:17, 30:18, 31:25, 32:7, 32:14, 32:21, 33:11, 33:14, 33:19, 38:19, 39:9, 40:5, 40:25, 41:10, 41:18, 41:22, 42:9, 42:21, 43:4, 44:7, 48:16, 52:9, 61:19, 62:2, 62:4, 64:4, 66:6, 66:8, 66:14, 78:5, 79:18, 81:22, 83:4, Page 53 to 53 of 54 83:15, 84:10, 86:2, 89:17, 91:11, 91:20, 91:24, 91:25, 94:9, 94:13, 107:8, 107:11, 108:25, 110:5, 111:14, 117:20, 136:9, 136:19, 136:20, 140:12, 140:16, 149:21, 176:16, 177:10, 243:7, 243:13, 243:20, 243:24, 244:3, 244:7, 244:13, 244:21, 245:4, 250:19, 252:22, 260:22, 261:9, 261:15, 263:3, 266:7, 266:10, 266:14, 268:6, 268:14, 269:22, 271:2, 271:15, 278:21, 284:18, 287:24, 291:13, 294:13, 295:13, 314:10, 318:6, 322:2, 324:11, 333:18, 337:15, 340:21, 348:7, 348:10, 348:24, 406:5, 413:11 wells [19] - 10:12, 11:8, 14:25, 15:9, 20:4, 76:1, 87:24, 92:5, 100:12, 110:1, 118:2, 141:4, 227:13, 261:1, 261:11, 263:12, 264:18, 264:24, 347:25 WELLS [2] - 4:10, 5:18 Wells' [2] - 11:9, 62:16 wells' [2] - 8:23, 117:12 Wells's [1] - 265:24 wells's [1] - 337:13 wet [25] - 55:6, 171:8, 178:20, 179:4, 190:3, 190:4, 233:2, 233:3, 235:21, 235:23, 235:24, 237:8, 289:9, 367:4, 383:3, 383:15, 384:21, 386:18, 386:22, 386:23, 387:3, 387:6, 422:9 wetness [16] - 237:14, 238:16, 290:10, 329:11, 360:22, Page 53 362:25, 367:4, 381:11, 382:21, 383:6, 383:25, 386:15, 387:8, 387:9, 406:15, 407:18 wetted [2] - 383:16, 383:18 wetter [7] - 178:16, 236:23, 384:25, 385:15, 387:13, 387:18, 407:19 whack [1] - 295:9 WHARTON [1] - 3:15 Wharton [1] - 263:13 what-if [2] - 180:20, 180:22 whereas [3] - 181:20, 335:5, 370:2 white [1] - 420:21 whole [19] - 17:13, 43:3, 51:4, 51:5, 89:10, 220:20, 233:16, 233:17, 237:2, 284:21, 288:12, 298:9, 298:15, 317:20, 329:24, 336:11, 350:5, 396:23, 420:10 wholly [1] - 10:6 wide [4] - 152:10, 153:16, 345:22, 346:14 wife [1] - 43:16 wildly [1] - 393:16 willing [6] - 11:7, 99:19, 225:12, 225:15, 226:18, 290:3 Wilson [4] - 296:13, 299:11, 376:21, 377:3 win [2] - 48:6, 74:2 winded [1] - 284:16 window [9] - 392:17, 404:12, 404:23, 404:25, 405:19, 405:21, 405:23, 408:12, 409:10 winner [3] - 152:16, 188:21, 330:15 WINSTON [1] - 3:8 wishy [2] - 324:20, 324:21 wishy-washy [2] 324:20, 324:21 withdrawn [1] 138:10 withheld [2] - 14:23, 06/25/2015 03:43:11 PM 15:5 WITNESS [104] 49:17, 53:1, 54:14, 54:17, 54:22, 56:2, 56:11, 59:15, 59:18, 60:17, 60:20, 60:23, 61:1, 61:14, 61:17, 66:1, 66:3, 67:2, 68:17, 69:15, 69:18, 69:23, 70:6, 70:21, 70:25, 71:3, 71:10, 71:13, 72:10, 74:23, 80:13, 80:17, 88:11, 88:22, 88:25, 89:4, 89:16, 99:23, 105:15, 109:23, 117:5, 117:8, 117:10, 117:15, 117:18, 117:24, 118:3, 122:21, 124:17, 125:23, 127:25, 128:4, 133:12, 133:18, 136:10, 137:13, 137:15, 137:18, 146:3, 146:6, 146:9, 146:13, 146:15, 146:17, 146:21, 146:24, 147:4, 147:9, 147:14, 147:18, 148:1, 155:20, 155:25, 156:6, 168:10, 168:17, 168:25, 170:11, 170:16, 170:19, 170:24, 177:9, 178:3, 180:4, 180:12, 180:15, 180:18, 180:22, 189:22, 225:21, 230:5, 252:4, 265:22, 271:25, 298:9, 318:5, 397:12, 398:5, 398:8, 403:25, 409:13, 409:19, 439:12, 449:14 witness [32] - 29:15, 47:2, 47:5, 100:2, 136:8, 139:7, 148:22, 150:7, 150:8, 153:6, 198:23, 226:4, 227:20, 239:6, 260:23, 260:25, 261:2, 261:3, 267:7, 279:20, 292:9, 292:10, 341:16, 341:18, 342:17, 345:4, 411:16, 411:18, 439:13, 06/25/2015 03:43:11 PM 439:15, 454:5, 454:18 Witness [2] - 5:14, 5:21 witnesses [21] - 8:22, 20:12, 20:14, 20:15, 29:22, 30:10, 38:2, 226:24, 227:7, 227:10, 227:16, 289:13, 289:18, 292:11, 293:15, 297:19, 302:21, 314:18, 325:18, 325:22, 326:9 WITNESSES [4] - 4:8, 4:13, 5:13, 5:20 won [1] - 48:8 word [12] - 42:17, 44:22, 263:4, 274:8, 274:20, 308:19, 312:21, 312:22, 328:16, 339:9, 452:16, 452:17 words [18] - 17:21, 43:10, 61:9, 66:9, 72:14, 87:23, 96:20, 208:22, 262:19, 274:10, 285:17, 303:8, 324:19, 343:10, 380:23, 398:24, 399:5, 447:19 wordsmithing [1] 269:12 wore [1] - 400:13 works [6] - 12:8, 195:21, 195:24, 302:1, 302:2, 345:22 world [9] - 15:25, 43:14, 201:18, 282:25, 284:7, 330:8, 411:8, 428:16, 433:23 worn [1] - 400:14 worried [1] - 85:16 worries [2] - 94:24, 95:9 worse [1] - 43:12 worth [5] - 349:23, 395:21, 415:9, 425:21, 426:7 wow [1] - 192:23 write [10] - 94:24, 231:19, 312:15, 313:23, 313:24, 318:8, 335:19, 340:8, 391:4, 411:10 writes [7] - 62:20, 78:20, 79:11, 92:11, 92:15, 299:24, 330:6 writing [6] - 161:20, 232:18, 265:19, 269:2, 277:18, 329:9 written [15] - 92:11, 239:10, 241:22, 247:23, 247:24, 252:14, 263:4, 263:6, 268:17, 268:20, 289:15, 293:18, 299:8, 313:18, 336:6 wrote [34] - 18:21, 18:22, 66:8, 78:25, 79:5, 85:21, 94:18, 95:8, 95:12, 191:14, 242:4, 263:22, 273:20, 278:4, 278:5, 289:3, 289:19, 290:6, 291:14, 299:21, 300:8, 300:10, 302:9, 306:15, 306:17, 306:25, 307:1, 325:6, 330:8, 374:1, 374:5, 392:12, 408:6, 408:7 X XI [2] - 350:15 Y Yale [6] - 15:23, 150:18, 150:20, 150:21, 150:22, 196:23 year [12] - 22:14, 23:10, 47:16, 54:25, 71:16, 129:6, 129:8, 152:15, 152:25, 153:9, 261:17, 378:20 years [32] - 24:2, 43:18, 49:19, 69:15, 70:20, 75:12, 75:13, 75:19, 82:14, 116:13, 121:1, 129:1, 142:18, 150:22, 150:23, 153:8, 154:1, 156:7, 196:5, 196:12, 196:14, 236:11, 304:17, 378:20, 378:21, 378:25, 380:6, 412:6, 412:14, 412:16, 440:6 years' [1] - 379:2 Yee [10] - 105:11, 111:6, 139:8, Page 54 to 54 of 54 312:21, 313:24, 333:9, 333:16, 336:18, 337:6, 338:9 YEE [2] - 4:3, 4:5 Yee's [1] - 108:21 yesterday [2] - 27:24, 275:19 yield [2] - 220:15, 222:4 yields [1] - 403:12 York [30] - 1:16, 2:4, 2:11, 2:12, 2:16, 3:10, 3:16, 6:1, 24:3, 47:7, 61:13, 150:10, 227:22, 261:5, 280:19, 280:24, 330:6, 330:19, 345:5, 411:20, 439:17, 457:8 YORK [1] - 1:24 young [1] - 284:25 yourself [11] - 8:4, 27:6, 27:8, 94:22, 95:13, 95:24, 96:1, 145:1, 245:1, 311:11, 324:2 yourselves [1] - 8:22 Page 54 Z zealously [3] - 271:20, 323:6, 323:9 zero [8] - 58:19, 58:21, 170:14, 170:17, 173:1, 389:22, 397:23, 399:3 172 of 172 sheets