Josh Gordon defense plan outlined
Updated: July 29, 2014
By Adam Schefter | ESPN
Gordon Blames Secondhand Smoke
Adam Schefter, Marty Hurney and Louis Riddick react to the news that the legal team for Browns WR Josh Gordon will argue that its client has disputed test results that he says were caused from secondhand marijuana smoke.
The legal team for Cleveland Browns wide receiver Josh Gordon will argue in a hearing Friday that its client has disputed test results that were caused from secondhand marijuana smoke, according to sources.
Gordon is appealing the NFL's imposition of a yearlong suspension for a positive test for marijuana.
Josh Gordon may not know what to expect regarding a suspension, but he's practiced at times like he expects to lose his appeal, Pat McManamon writes. Story
Gordon's legal team will argue that the positive tests are so marginal that they show uncertainty as to whether the test results were truly positive, and even if so, were the result of exposure to secondhand smoke, according to sources familiar with the case.
Gordon's "A" sample tested at 16 nanograms per milliliter, a bare one nanogram per milliliter above the 15-nanogram-per-milliliter threshold, while Gordon's "B" sample -- which should theoretically be consistent with the "A" sample, as it comes from the exact same specimen -- tested at 13.63 ng/ml, lower than the threshold.
With both samples coming from the same specimen test, the results should be consistent. Gordon's attorneys do not believe their client should be suspended for a year for differing disputed test results, especially when only one was barely higher than the threshold, sources said.
Gordon's attorneys also plan to introduce witnesses who will testify that Gordon's scores indicate he was the victim of breathing in secondhand smoke, according to sources. The league has maintained that it does not intend to suspend players for secondhand smoke.
Josh Gordon's legal team plans to point out inconsistencies between his two test samples that could be due to secondhand smoke, sources say.
Scientific studies have shown that secondhand smoke exposure can result in the kind of test results similar to those of Gordon. Because of this, Gordon's test results would have been negative for marijuana if considered under other professional sports testing regimens -- including the strict Olympic standard and Major League Baseball -- the federal workplace testing standards and various state testing standards, including California and Nevada, which govern boxing and MMA.
And lastly, Gordon's attorneys also will point out that with their client being subject to over 70 drug tests, there was only one time since his rookie year that a test came back positive for marijuana, and even then, the "A" and "B" samples did not match.
Gordon's arrest in early July in North Carolina was a DWI charge, which is unrelated to the proceedings surrounding his positive marijuana test. It cannot and will not be factored into any discipline that is doled out to Gordon over this violation.
Gordon is facing the indefinite one-year ban for violating the league's substance-abuse policy for at least the third time. If he loses, he'll have to wait a year to apply for reinstatement. Last season, Gordon was suspended two games and docked four game checks for testing positive for what he said was codeine in his prescribed cough medicine.
Gordon is a A S S Clown. I really hope he wins his appeal...and says I told you all so. Then in about a month, the next time he is out driving under the Influence, either weed or Alcohol...I cannot WAIT til he gets into an accident, and he ends up Dead!
Cause on THAT day...I will definitely be having a nice cold drink! ( Diet Coke )
Black N' Gold Til' I'm Dead N' Cold...
We don't have any cheerleaders but we do have a few of these \m/...
Maybe you shouldn't...if it bothers you. But to me...DUI's are the biggest threat of pure terrorism that exsists in our nation. 100 of thousands of Innocent lives are lost each year due to be people driving while Intoxicated. And anyone with even a 1/4 of a Brain can see that Gordon is clearly trying to manipulate the system to avoid receiving a punishment that IS more then fair. And a actual punishment that will allow him to HOPEFULLY use that time to get the help he so dearly needs.
But, by even putting out such a Brazen explanation..( Second hand smoke..C'mon )..and trying to cercumvent the leauges well established RULES is only Gordon's way of saying " Screw You people " And if he wins his appeal, it will be the same thing as saying to him...Oh, it;s okay Gordon, you go right on ahead and keep shooting that fully Auto Uzi 9mm out in public in the form of an automobile while drunk, or High.
And when he foes all " Donte' Stallworth or Leonard Little " on someone....maybe then Hawaiian you will understand why I said what I said. Cause I sure as HELL would rather he Die...then say...your Daughter innocently returning one night from the store, or the Park with your Grand children....and have them be killed.
If he hadn't been picked up the second time I think his suspension would have been reduced to less than 8 games. The backlash from the Ray Rice suspension would have forced Rog's hand.
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I think irsays situation will factor more than rice
A lot of players are watching how Fidel is going to handle an owner. Hammering Gordon and slapping irsay on the wrist won't go over well. I bet both get off light
Eddie, one has nothing to do with the other. The leagues drug/alcohol policy is for players only. It does not include league owners. Owners are not randomly drug tested...although maybe they should be. Even though I would bet my D!ck that Irsay has driven Intoxicated many times before....this is his first time caught. As where with Gordon, one has to fail several times before there is even a first time suspension. So this is Gordon's like 8th or more times he has failed a test