The confluence of communications and events considered included:
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
****in 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
”; “****
tom....make sure the pump is attached to the needle.....****in
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
15
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
suggesting that he might contact the media (“jimmy needs some
kicks....lets make a deal.....come on help the deflator”; “Chill buddy im
just ****in 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.
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.
