What If Henry Wins? - The Orange Mane

Drek · 10-05-2007, 09:30 AM

I think we all know what happens if he loses his court case, he'll be suspended for a year and the character clauses in his contract will result in us cutting him and seeking return of his full signing bonus.

It might sting this year but we've got a pair of pretty solid looking backups in Young and Hall as well as Mike Bell still on the roster. Its no worse than the countless injuries sustained by Davis, Gary, and Anderson which never slowed down our running attack. From a cap perspective it'd leave us sitting amazingly well going into next season.

The problem I see is if he wins his case against the NFL. For those that don't know he's arguing that the test is inadmissible because his own experts weren't allowed to be present at the time of the test, which supposedly is stipulated within the NFL's drug testing policy. One lower level NYC court has already found in favor of Henry, FYI, and the NFL is now trying to get it jumped to a federal circuit court.

If he should win, which seems like a possibility, he'll not only have this one test dropped, he would now be at a point where he's no longer part of the league's substance abuse policy and therefore subject to much less testing and having a "strike" as it where before seeing any suspension. Great for us keeping him on the field.

On the flip side though the whole organization as well as all the fans would be fully aware that we have a three time drug policy violator who escaped his punishment through nothing but legal means as our highly paid star running back. It hurts the organization's image but at the same time we'd be unable to take action without a significant cap hit.

To me thats the real dilemma. If we wins his case we can't just cut bait, but everyone in the football world will know what really went on. Not to mention it'd probably make our roster a target for many more "random" screenings during Henry's entire tenure here. Most notably the effect it'd have on Marcus Thomas and Jarvis Moss, who both had collegiate issues. Increasing the rate at which they're tested while at the same time having them on the same team with a veteran "leader" who is also a three time offender that got a walk is probably the worst situation we could put them in.

Either way the ruling breaks on Henry's situation it looks to be problematic for us, but him loosing and simply being released might be the simplest and easiest to deal with.

55CrushEm · 10-05-2007, 09:37 AM

Henry won't win......

"Henry reportedly is claiming the NFL violated its own substance-abuse policy by not allowing his experts to be on hand when the urine sample was tested. The NFL, sources said, is contending the rules are clear players can have their own expert present for testing, but the expert cannot be affiliated with a lab or testing service and Henry's expert was affiliated with a lab. "

http://www.rockymountainnews.com/drm...714844,00.html

TheReverend · 10-05-2007, 09:47 AM

If he wins, everyone gets over it when he rushes for +1600 yards.

bronco militia · 10-05-2007, 09:50 AM

Henry has already lost his appeal.

from Adam Schefter and PFT.com

POSTED 9:19 a.m. EDT; UPDATED 9:41 a.m. EDT, October 5, 2007

IF SUSPENDED, HENRY CAN EARN BACK BONUS MONEY

We've got some more details on the stunning news that Broncos running back Travis Henry has tested positive for marijuana and faces a one-year suspension.

First, Adam Schefter of NFL Network reports that the lawsuit Henry filed in New York state court was intended to block the league from testing the "B" sample, which is used to confirm the positive result. ESPN.com's Len Pasquarelli reports that Henry wanted to have his own expert present to monitor the testing of the "B" sample.

Per Schefter, a temporary restraining order was granted at the trial court level, but the order was overturned on appeal. The NFL filed a federal action against Henry based on the notion that any gripes or disputes are superseded by the Collective Bargaining Agreement.

It was, in our view, a last gasp effort by Henry to avoid the inevitable. He'll be suspended for a year if the "B" sample confirms the preliminary positive result.

Second, the 2006 CBA contains a specific procedure for the forfeiture of signing bonus money. Per published reports, Henry received a $1 million signing bonus from the Broncos in March as part of a five-year deal. If he misses a year, he will forfeit $200,000. Also, his contract will be tolled.

But Henry can earn the money back, if he later performs in the year that was tolled. In other words, his deal currently runs through 2011. It will now be pushed until 2012. If he plays for the team in 2012, he'll be entitled to recover the $200,000 that he'll soon forfeit.

In Henry's case, however, it's unlikely that he will still be with the Broncos in 2012, at which time he'd be turning 34.

Henry's forfeiture amount will increase if he isn't promptly reinstated next year at this time. And since reinstatement is by all appearances a decision that falls within the discretion of the powers-that-be on Park Avenue, it probably wasn't too wise for Henry to antagonize the league by filing suit against it. If/when Henry's application for reinstatement gets the Onterrio Smith and/or Ricky Williams treatment, it really shouldn't be all that surprising to anyone.

Meanwhile, several readers have re-raised with us the issue of why the NFL even cares about players smoking marijuana. Sure, it's illegal to do so. But it's not a performance-enhancing drug. If anything, it potentially undermines performance by putting a chronic user in a constant state of mild impairment.

In the end, the motivations don't matter. The rules are collectively bargained between the union and the NFL. The players need to follow the rules, or face the consequences. For Henry, the stakes were incredibly high -- if the "B" sample comes back positive, he only has one person to blame.

Drek · 10-05-2007, 09:51 AM

Quote:

Originally Posted by 55CrushEm

Henry won't win......

"Henry reportedly is claiming the NFL violated its own substance-abuse policy by not allowing his experts to be on hand when the urine sample was tested. The NFL, sources said, is contending the rules are clear players can have their own expert present for testing, but the expert cannot be affiliated with a lab or testing service and Henry's expert was affiliated with a lab. "

http://www.rockymountainnews.com/drm...714844,00.html

That's what the NFL is putting forth. One judge has already found in Henry's favor though. I think he's got a lot stronger case than some here believe.

To be honest I don't think he'll win. The NFL wants it bumped to the federal level where they have a lot of judges basically on the payroll in regards to player v. league disputes. They'll almost definitely find a way to get Henry, but there's a legitimate chance they don't.

Quote:

It was, in our view, a last gasp effort by Henry to avoid the inevitable. He'll be suspended for a year if the "B" sample confirms the preliminary positive result.

Let me know when Schefter is a practicing attorney. Its a report from a guy who works for the NFL. Of course they're going to push out as much propaganda as possible.

fontaine · 10-05-2007, 10:08 AM

Travis who?

Our starting RB is Selvin Young backed by Mike Bell.

Northman · 10-05-2007, 10:14 AM

If he was dumb enough to smoke the **** than he should be suspended. He is no exception.

KCbroncos · 10-05-2007, 10:22 AM

Just like Dale Carter and Mo Clarett, he will not be missed. Don't care if it's bad for the W/L category, keep this crap off the team.

Florida_Bronco · 10-05-2007, 10:35 AM

Quote:

Originally Posted by TheReverend

If he wins, everyone gets over it when he rushes for +1600 yards.

Exactly.

Drek · 10-05-2007, 11:40 AM

Quote:

Originally Posted by TheReverend

If he wins, everyone gets over it when he rushes for +1600 yards.

And then it all comes back around again when he gets popped twice again and he's suspended for 4 games in either '08 or '09.

Think about it, this is a guy who was literally a month of not smoking reefer away from a clean slate. If he'd just laid off the icky sticky from training camp to present he'd have tested clean, be out of the program, and would have a strike to burn before he's facing any lost time. He was too dumb to do that.

If his lawyers somehow finagle him out of this personal fiasco I don't see how he doesn't make the same stupid mistakes in the near future again.

I don't think they will, but the point of this thread is that we should consider the possibilities if he does. With the emergence of Young (and to a lesser degree Hall) it would be beneficial cap wise and in the long term if we get this mess out of the way now while our defense is still coming together. Having the question mark that Henry obviously poses on the team, as well as the drug testing spotlight he'd get focused on the organization, is a much bigger hit than giving Young, Hall, and Bell a trial by fire this year.

texpat · 10-05-2007, 11:50 AM

He's Still Scum!!!!!!!!!!!!!!!!

Hogan11 · 10-05-2007, 11:59 AM

Quote:

Originally Posted by fontaine

Travis who?

Our starting RB is Selvin Young backed by Mike Bell.

That's pretty much it.....if the NFL doesn't get Henry, then the team will.

Drek · 10-05-2007, 12:02 PM

Quote:

Originally Posted by Hogan11

That's pretty much it.....if the NFL doesn't get Henry, then the team will.

No they won't. If they did that we'd be on the hook for his $6M signing bonus at minimum, maybe more.

If he escapes the suspension there isn't anything the Broncos can do without a big cap hit. Thats my whole point. If the NFL doesn't "get Henry" the organization will just look the other way. But you can be damn sure the league's drug testers will be "randomly" stopping by Denver a whole lot more.

CBF1 · 10-05-2007, 12:52 PM

The NFL will get him. The NFL is alot bigger than any single pot head.

JCMElway · 10-05-2007, 12:55 PM

I honestly don't get the Selvin Young fever here. I guess qwe need some unproven talent to overhype now that Hixon is off the team. Young was not even the starter at Texas, and he was a guy that fumbled a lot. He may end up being quite a back, but if he is forced into the starting RB position now, Denver has a huge downgrade at the position.

Selvin Young > Travis Henry? I have to disagree. If Henry's appeal fails, this season just got a whole lot tougher.

55CrushEm · 10-05-2007, 12:57 PM

I guess you could say our season is now "up in smoke" ?

CBF1 · 10-05-2007, 12:59 PM

Quote:

Originally Posted by 55CrushEm

I guess you could say our season is now "up in smoke" ?

best quote of the week

defenseman · 10-05-2007, 01:01 PM

Quote:

Originally Posted by 55CrushEm

I guess you could say our season is now "up in smoke" ?

There certianly is a chance of that. We'll see how they do if they are forced to rebound from this. I'm guessing though, the odds in Vegas just got alot bigger for the broncos even winning the division, let alone a playoff contender. He has been a solid RB so far through this season, it'll be a loss for sure...but, under the circumstances, better to see him hit the bricks from where I sit......dman

That One Guy · 10-05-2007, 01:02 PM

If anyone thinks the Broncos will discipline Henry for this if he wins... just look at how he's been disciplined since Sep 20. That's when he sued back so apparently he knew the results by then at the latest. The team happily ran him all over the field in the Indy game until he got hurt. If he wins then he'll be the star, anyone that thinks otherwise is crazy. That being said, Henry can't stay healthy enough to keep Selvin from starting all year long. Selvin will start at least a game by the time we've made it through 16, I'd put money on that.

broncosteven · 10-05-2007, 01:04 PM

If he wins I would not activate him. I like Selvin Young anyway and Hall looked good in TC. I think the Henry signing was done in Frustration and was not necessary.

defenseman · 10-05-2007, 01:08 PM

Quote:

Originally Posted by cah412

If anyone thinks the Broncos will discipline Henry for this if he wins... just look at how he's been disciplined since Sep 20. That's when he sued back so apparently he knew the results by then at the latest. The team happily ran him all over the field in the Indy game until he got hurt. If he wins then he'll be the star, anyone that thinks otherwise is crazy. That being said, Henry can't stay healthy enough to keep Selvin from starting all year long. Selvin will start at least a game by the time we've made it through 16, I'd put money on that.

I'd say your bet is a winner. Selvin, most likely, will start the rest of the games very shortly, so, no need to bet anymore..dman

defenseman · 10-05-2007, 01:10 PM

Quote:

Originally Posted by broncosteven

If he wins I would not activate him. I like Selvin Young anyway and Hall looked good in TC. I think the Henry signing was done in Frustration and was not necessary.

If he wins, rest assured, he'll be activated. For the record, I feel the same way, however, the broncos don't spend our money, it's theirs, they'll get their money out of him........dman

FloridaResident · 10-05-2007, 01:19 PM

time to draft McFadden

WolfpackGuy · 10-05-2007, 01:23 PM

Trav, you got too many younguns and babymamas to be messin with that Kush!

Beantown Bronco · 10-05-2007, 01:27 PM

Quote:

Originally Posted by defenseman

If he wins, rest assured, he'll be activated. ........dman

sure, but probably not this week. People keep forgetting one key item. He hasn't practiced all week and is still limping around like a mini-freakin' version of Sam Adams. He may not be ready to play anyway regardless of what the court decides.

10-05-2007, 09:30 AM	#1
Drek Ring of Famer Join Date: Mar 2004 Posts: 12,359	What If Henry Wins? I think we all know what happens if he loses his court case, he'll be suspended for a year and the character clauses in his contract will result in us cutting him and seeking return of his full signing bonus. It might sting this year but we've got a pair of pretty solid looking backups in Young and Hall as well as Mike Bell still on the roster. Its no worse than the countless injuries sustained by Davis, Gary, and Anderson which never slowed down our running attack. From a cap perspective it'd leave us sitting amazingly well going into next season. The problem I see is if he wins his case against the NFL. For those that don't know he's arguing that the test is inadmissible because his own experts weren't allowed to be present at the time of the test, which supposedly is stipulated within the NFL's drug testing policy. One lower level NYC court has already found in favor of Henry, FYI, and the NFL is now trying to get it jumped to a federal circuit court. If he should win, which seems like a possibility, he'll not only have this one test dropped, he would now be at a point where he's no longer part of the league's substance abuse policy and therefore subject to much less testing and having a "strike" as it where before seeing any suspension. Great for us keeping him on the field. On the flip side though the whole organization as well as all the fans would be fully aware that we have a three time drug policy violator who escaped his punishment through nothing but legal means as our highly paid star running back. It hurts the organization's image but at the same time we'd be unable to take action without a significant cap hit. To me thats the real dilemma. If we wins his case we can't just cut bait, but everyone in the football world will know what really went on. Not to mention it'd probably make our roster a target for many more "random" screenings during Henry's entire tenure here. Most notably the effect it'd have on Marcus Thomas and Jarvis Moss, who both had collegiate issues. Increasing the rate at which they're tested while at the same time having them on the same team with a veteran "leader" who is also a three time offender that got a walk is probably the worst situation we could put them in. Either way the ruling breaks on Henry's situation it looks to be problematic for us, but him loosing and simply being released might be the simplest and easiest to deal with.

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10-05-2007, 09:37 AM	#2
55CrushEm Dynamic Duo Join Date: Oct 2005 Location: North of Boston, MA Posts: 5,650 Adopt-a-Bronco: Quanterus Smith	Henry won't win...... "Henry reportedly is claiming the NFL violated its own substance-abuse policy by not allowing his experts to be on hand when the urine sample was tested. The NFL, sources said, is contending the rules are clear players can have their own expert present for testing, but the expert cannot be affiliated with a lab or testing service and Henry's expert was affiliated with a lab. " http://www.rockymountainnews.com/drm...714844,00.html

10-05-2007, 09:47 AM	#3
TheReverend www.PatrickTurley.org ^ "not an athlete" Join Date: Apr 2005 Location: Jacksonville, FL Posts: 33,348 Adopt-a-Bronco: Mike Shanahan	If he wins, everyone gets over it when he rushes for +1600 yards.

10-05-2007, 09:50 AM	#4
bronco militia Ring of Famer THE GREATEST Join Date: Apr 2001 Location: colorado springs, co Posts: 22,706	Henry has already lost his appeal. from Adam Schefter and PFT.com POSTED 9:19 a.m. EDT; UPDATED 9:41 a.m. EDT, October 5, 2007 IF SUSPENDED, HENRY CAN EARN BACK BONUS MONEY We've got some more details on the stunning news that Broncos running back Travis Henry has tested positive for marijuana and faces a one-year suspension. First, Adam Schefter of NFL Network reports that the lawsuit Henry filed in New York state court was intended to block the league from testing the "B" sample, which is used to confirm the positive result. ESPN.com's Len Pasquarelli reports that Henry wanted to have his own expert present to monitor the testing of the "B" sample. Per Schefter, a temporary restraining order was granted at the trial court level, but the order was overturned on appeal. The NFL filed a federal action against Henry based on the notion that any gripes or disputes are superseded by the Collective Bargaining Agreement. It was, in our view, a last gasp effort by Henry to avoid the inevitable. He'll be suspended for a year if the "B" sample confirms the preliminary positive result. Second, the 2006 CBA contains a specific procedure for the forfeiture of signing bonus money. Per published reports, Henry received a $1 million signing bonus from the Broncos in March as part of a five-year deal. If he misses a year, he will forfeit $200,000. Also, his contract will be tolled. But Henry can earn the money back, if he later performs in the year that was tolled. In other words, his deal currently runs through 2011. It will now be pushed until 2012. If he plays for the team in 2012, he'll be entitled to recover the $200,000 that he'll soon forfeit. In Henry's case, however, it's unlikely that he will still be with the Broncos in 2012, at which time he'd be turning 34. Henry's forfeiture amount will increase if he isn't promptly reinstated next year at this time. And since reinstatement is by all appearances a decision that falls within the discretion of the powers-that-be on Park Avenue, it probably wasn't too wise for Henry to antagonize the league by filing suit against it. If/when Henry's application for reinstatement gets the Onterrio Smith and/or Ricky Williams treatment, it really shouldn't be all that surprising to anyone. Meanwhile, several readers have re-raised with us the issue of why the NFL even cares about players smoking marijuana. Sure, it's illegal to do so. But it's not a performance-enhancing drug. If anything, it potentially undermines performance by putting a chronic user in a constant state of mild impairment. In the end, the motivations don't matter. The rules are collectively bargained between the union and the NFL. The players need to follow the rules, or face the consequences. For Henry, the stakes were incredibly high -- if the "B" sample comes back positive, he only has one person to blame.

10-05-2007, 10:08 AM	#6
fontaine Ring of Famer Go John Manning! Join Date: Jul 2002 Posts: 12,435	Travis who? Our starting RB is Selvin Young backed by Mike Bell.

10-05-2007, 10:14 AM	#7
Northman The Enigma Prognosis Join Date: Aug 2003 Location: Maryland Posts: 17,925 Adopt-a-Bronco: Bryci	If he was dumb enough to smoke the **** than he should be suspended. He is no exception.

10-05-2007, 10:22 AM	#8
KCbroncos Solid Starter Join Date: Apr 2004 Location: Shawnee, KS (Burb of Marienthal, KS) Posts: 154	Just like Dale Carter and Mo Clarett, he will not be missed. Don't care if it's bad for the W/L category, keep this crap off the team.

10-05-2007, 11:50 AM	#11
texpat Solid Starter Join Date: Jan 2006 Posts: 156	He's Still Scum!!!!!!!!!!!!!!!!

10-05-2007, 12:52 PM	#14
CBF1 Ring of Famer No avatar is the new avatar Join Date: Apr 2004 Location: SoCal Posts: 14,943 Adopt-a-Bronco: Jack Del rio	The NFL will get him. The NFL is alot bigger than any single pot head.

10-05-2007, 12:55 PM	#15
JCMElway Moderate-erator Dominate! Join Date: Dec 2002 Location: Grand Rapids, MI Posts: 6,893 Adopt-a-Bronco: Oleg	I honestly don't get the Selvin Young fever here. I guess qwe need some unproven talent to overhype now that Hixon is off the team. Young was not even the starter at Texas, and he was a guy that fumbled a lot. He may end up being quite a back, but if he is forced into the starting RB position now, Denver has a huge downgrade at the position. Selvin Young > Travis Henry? I have to disagree. If Henry's appeal fails, this season just got a whole lot tougher.

10-05-2007, 12:57 PM	#16
55CrushEm Dynamic Duo Join Date: Oct 2005 Location: North of Boston, MA Posts: 5,650 Adopt-a-Bronco: Quanterus Smith	I guess you could say our season is now "up in smoke" ?

10-05-2007, 01:02 PM	#19
That One Guy Producer of Nonsense Join Date: Aug 2006 Location: Sun and Beachville Posts: 14,042 Adopt-a-Bronco: None	If anyone thinks the Broncos will discipline Henry for this if he wins... just look at how he's been disciplined since Sep 20. That's when he sued back so apparently he knew the results by then at the latest. The team happily ran him all over the field in the Indy game until he got hurt. If he wins then he'll be the star, anyone that thinks otherwise is crazy. That being said, Henry can't stay healthy enough to keep Selvin from starting all year long. Selvin will start at least a game by the time we've made it through 16, I'd put money on that.

10-05-2007, 01:04 PM	#20
broncosteven The Kranz Dictum MWA: Flight Director Join Date: Jun 2005 Location: Tranquility Base Posts: 29,314 Adopt-a-Bronco: MONEYBALL #38	If he wins I would not activate him. I like Selvin Young anyway and Hall looked good in TC. I think the Henry signing was done in Frustration and was not necessary.

10-05-2007, 01:19 PM	#23
FloridaResident Solid Starter New to the Forum Join Date: Jul 2006 Posts: 210 Adopt-a-Bronco: None	time to draft McFadden

10-05-2007, 01:23 PM	#24
WolfpackGuy Call me, "Maybe" Join Date: Jan 2006 Location: Delaware Posts: 5,694	Trav, you got too many younguns and babymamas to be messin with that Kush!