In reaching these conclusions, we have relied on, among other things, the following:
* The text messages between McNally and Jastremski discussing:
* The inflation level of Patriots footballs and McNally‟s impact on
the inflation level of the balls (“im going make that next ball a
fakkin balloon”; “Make sure you blow up the ball to look like a
rugby ball so tom can get used to it before Sunday”; “16 is
nothing...wait till next sunday”);
* Jastremski‟s plan to provide McNally with a “needle” for use by
McNally (“Can‟t wait to give you your needle this week

”; “fakk
tom....make sure the pump is attached to the needle.....fakkin
watermelons coming”);
* McNally‟s request that the “needle” be surrounded by cash and
new sneakers and other items of value to be received by McNally
(“Better be surrounded by cash and newkicks....or its a rugby
sunday”; “Maybe u will have some nice size 11s in ur locker”;
“Remember to put a couple sweet pig skins ready for tom to sign”;
“U got it kid...big autograph day for you”; “Nice throw some kicks
in and make it real special”);
* McNally‟s references to Brady as the catalyst for Jastremski‟s
offers of sneakers and clothing (“Tom must really be working your
balls hard this week”; “Tom must really be on you”); and
* That game balls for a Sunday game would not be deflated because
of anger at Brady (“The only thing deflating sun..is his passing
rating”).
* Text messages most plausibly read as describing a conversation between
Jastremski and Brady during which Brady mentioned McNally and said
that McNally must have “a lot of stress” trying to get the footballs “done”
(“Talked to him last night. He actually brought you up and said you must
have a lot of stress trying to get them done...”).
* Text messages from McNally referring to himself as the “deflator” and
stating that he was “not going to espn……..yet” (“jimmy needs some
kicks....lets make a deal.....come on help the deflator”; “Chill buddy im
just fakkin with you ....im not going to espn........yet”).
* McNally‟s knowledge that Brady prefers footballs inflated at the low end
of the permissible range and his express request that the referee set the
balls at a 12.5 psi level.
* Referee Walt Anderson‟s inability to locate the game balls at the start of
the game (for the first time in nineteen years) and the breach in standard
pre-game procedure when McNally removed the game balls from the
Officials Locker Room without the permission of the referee or other
game officials.
* The crowded state of the Officials Locker Room on the day of the AFC
Championship Game, limiting the opportunity for McNally to be alone
with the game balls in the Officials Locker Room while the game officials
were on the field for pre-game warm-ups.
* McNally bringing the game balls into the bathroom during his walk from
the Officials Locker Room to the field, locking the door and remaining
inside the bathroom with the game balls for approximately one minute and
forty seconds, an amount of time sufficient to deflate thirteen footballs
using a needle.
* McNally‟s failure to mention taking the balls into the bathroom in his
initial interview with NFL Security and his subsequent varying
explanations for the bathroom stop and decision not to utilize readily
available bathroom facilities in the Officials Locker Room and the
adjacent Chain Gang Room.
* McNally‟s receipt on January 10, 2015, in the Patriots equipment room
with both Brady and Jastremski present, of two footballs autographed by
Brady and Brady‟s autograph on a game-worn jersey, and Jastremski‟s
receipt earlier in the season of a particularly valuable autograph from
Brady.
* The timing and frequency of the telephone communications between
Jastremski and McNally, as well as Jastremski and Brady immediately
after suspicions of ball tampering were raised by NFL Security and in
media reports.
is significantly influenced by the substantial number of communications and events consistent with such a finding, including that the same person (McNally) referred to himself as the “deflator” and stated that he was “not going to espn……..yet,” was involved in a series of communications about his impact on the inflation-level of Patriots game balls and using a “needle” surrounded by cash and sneakers (when his legitimate responsibilities as a locker room attendant did not involve the preparation, inflation or deflation of footballs), violated standard pre-game procedure by removing the game balls from the Officials Locker Room without permission of the game officials, brought the game balls into a bathroom before the game (for a period long enough to deflate them), and
.
Similarly, the evidence establishes that John Jastremski knew that McNally had referred to himself as the “deflator” and stated that he was “not going to espn……..yet,” was involved personally in a series of communications with McNally about the inflation and deflation of footballs using a “needle” and providing McNally with a “needle,” was involved in providing McNally with items of value, and had himself received a particularly valuable autograph from Brady earlier in the season. In addition, Jastremski spoke with McNally almost immediately when suspicions first arose (speaking by telephone three times in the hours after the game for a total of 37 minutes and 11 seconds) and communicated with Brady by telephone or text message with significantly increased frequency in the following days, as described below.
Indeed, in our view, a contrary conclusion requires the acceptance of an implausible number of communications and events as benign coincidences. Although we believe that a number of the communications between Jastremski and McNally were attempts at humor, based on the evidence and the communications in their entirety, we believe that McNally and Jastremski were joking about events in which they were actually participating that involved the deflation of footballs in violation of the Playing Rules