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Branch a long shot to return: Grievance may be heard before opener

By John Tomase

Boston Herald Sports Writer

Sunday, September 3, 2006 - Updated: 11:06 AM EST

The odds of Deion Branch opening the season in a Patriots uniform became even more remote yesterday with the news that his grievance against the team will likely be heard Saturday, one day before the opener against Buffalo.

Attorney Jeffrey Kessler said yesterday that if Branch loses, he’ll file a second grievance alleging the Pats violated a provision in the collective bargaining agreement to negotiate in good faith.

Branch is taking his battle to court to force a trade to the Jets, who offered him a six-year, $39 million deal with a $13 million signing bonus. That contract would begin immediately and replace the $1.05 million he’s due in the fifth and final year of his rookie contract.

The Jets have offered the Patriots a second-round pick in return. Branch’s first grievance contends the team reneged on a verbal agreement to trade him if it received adequate compensation.

“The team did not have to make this deal with Deion,” Kessler said. “Having made this deal, we want the team to live up to it. That’s all.”

Branch’s side plans to highlight a number of players traded in the past year for second-round picks or lower, such as Dolphins quarterback Daunte Culpepper (second), Broncos receiver Javon Walker (second) and Eagles wideout Donte’ Stallworth (conditional third or fourth, plus backup linebacker Mark Simoneau). Players Association attorney Richard Berthelsen also noted that Branch was selected at the end of the second round with the 65th overall pick in 2002.

The goal, Kessler said, is to force the Patriots to accept the second-round pick and send Branch to the Jets. Only if Branch’s side loses that hearing will it proceed with the second grievance.

“The team hasn’t negotiated in good faith, as evidenced by the fact that it made an agreement to trade him, but never intended to go through with it,” Kessler said.

As proof of the oral agreement, Kessler cited the Aug. 25 press release in which the Patriots announced their intentions to let Branch seek a trade. The release read, “The New England Patriots have given Deion Branch permission to seek a trade and negotiate a contract with other clubs. This permission will extend until Sept. 1, 2006.”

Said Kessler: “The Patriots agreed with the player and his agent that if he could find a team where he could work out his player contract, and that team was willing to provide the Patriots with the type of draft-choice compensation that other teams have received in the past for comparable players, they would make the trade.”

Barring an unforeseen reconciliation between now and next weekend, Branch will be sidelined when the season begins. What once seemed inconceivable - that he’s played his final game for the Patriots - now appears increasingly likely.

The Patriots had hoped to show Branch he wasn’t worth as much as he thought on the market, but the last week disproved that. The Seahawks offered Branch the same deal as the Jets, but the Jets made their offer first.

The Patriots’ most recent offer to the Super Bowl MVP was a three-year extension worth $18.75 million that included an $8 million signing bonus spread over two years. Branch would still have played this year for $1.05 million and earned $15 million in the next three years, vs. $23 million in the same time frame from New York or Seattle.

The Seahawks, incidentally, remain interested in resuscitating talks and may part with a first-round pick.

Kessler has experience arguing grievances involving the Pats, including wrangling Bill Belichick out of his Jets contract.

“Ironically enough, I have represented him,” Kessler said. “I have a perfectly good relationship with the coach.”

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LOL. This is great. Go get-em Deion!

http://www.boston.com/sports/football/patriots/articles/2006/09/04/experts_dont_back_branch/

While these lawyers are not deciding Branch's complaints, they do not think he will win.

``It's going to be a tough road for him through arbitration," said Abrams, who also has served as a baseball arbiter at times over the last 20 years. ``As I understand it, his complaint is that the Patriots weren't treating him fairly after they made this offer that he could shop himself to other teams. That could be true, but it's hard to see where he has a contract right that has been violated. If anyone, he is the one violating his obligation to fulfill his contract."

Exactly.

Deoin do yourself a favor. Fire that moron of an agent. Get a new one and play out this year.

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Bottom Line is: The Patriots went back on their word.

The Jets offered Deion a contract that he accepted and we offered the Pats very fair compensation. Why should Deion go for more than Culpepper, Walker, or Owens? Those guys are perrenial pro-bowlers.

I could really see Branch winning this case. If the Pats didn't want Deion to go to an AFC East team then they should've laid that down as a ground rule when they gave him permission to seek a trade.

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Bottom Line is: The Patriots went back on their word.

The Jets offered Deion a contract that he accepted and we offered the Pats very fair compensation. Why should Deion go for more than Culpepper, Walker, or Owens? Those guys are perrenial pro-bowlers.

I could really see Branch winning this case. If the Pats didn't want Deion to go to an AFC East team then they should've laid that down as a ground rule when they gave him permission to seek a trade.

These things are hard to predict. However, I suspect that the SB MVP could work AGAINST Deion in this instance. Last time I checked, Culpepper, Walker, Stallworth and Owens don't have one of those.;)

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These things are hard to predict. However, I suspect that the SB MVP could work AGAINST Deion in this instance. Last time I checked, Culpepper, Walker, Stallworth and Owens don't have one of those.;)

True

But he doesn't have trips to the pro-bowl like Culpepper, Walker, and Owens either.

He's also never caught 80 balls in a season, has never reached the 1,000 yard mark, and has never scored more than 5 TD's in a season.

So I really don't see how he's worth more than a 2nd round pick.

I really don't see why Belichick is so reluctant to make this trade to be quite honest. He'd be trading a disgruntled receiver and receiving what will likely be a high 2nd round pick in the process. Who cares if it'll be a rival team he's trading him to.

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welcome back jetlag. it seems things aren't working out for the pats front office very well at the moment. but anything can happen. I'm not even gonna venture a guess as to the outcome but it appears to have backfired for belly & pioli......shame really ain't it;)

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somebody,somewhere mad a great point-the Jets don't really have such a great history with this master ruler-recall if you will one Chad Morton-the guy said "sure,I OWN season tickets for the Redskins and I'd like to see a kickoff returned for a TD" and then last spring;the Edwards fiasco-a HC under contract can be wooed away and only give us a 4th rounder-when others (INCLUDING us) had to pay a much higher comp.I don't put too much faith in this guy or process...

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Bottom Line is: The Patriots went back on their word.

The Jets offered Deion a contract that he accepted and we offered the Pats very fair compensation. Why should Deion go for more than Culpepper, Walker, or Owens? Those guys are perrenial pro-bowlers.

I could really see Branch winning this case. If the Pats didn't want Deion to go to an AFC East team then they should've laid that down as a ground rule when they gave him permission to seek a trade.

Other than:

``The New England Patriots have given Deion Branch permission to seek a trade and negotiate a contract with other clubs. This permission will extend until Sept. 1, 2006."

Plus, who says a draft pick in the late second round is fair?

He was a late 2nd round pick, I believe, and after four years his worth is only 10-15 places ahead of where he was drafted?

Plus, a 6 year-36-39 million dollar contract suggests he should be worth more. That is top receiver money. Or close to it.

The bottomline is no one knows what was agreed upon. What the stipulations were. You said the Patriots went back on their word. How? Only his agent and the team know.

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Other than:

Plus, who says a draft pick in the late second round is fair?

He was a late 2nd round pick, I believe, and after four years his worth is only 10-15 places ahead of where he was drafted?

Plus, a 6 year-36-39 million dollar contract suggests he should be worth more. That is top receiver money. Or close to it.

The bottomline is no one knows what was agreed upon. What the stipulations were. You said the Patriots went back on their word. How? Only his agent and the team know.

And who was the last top WR to be traded for a number one pick? I believe it was Peerless Price. But more recently Walker and TO were traded for 2nd's. I'm not saying Branch will win this but he is making it ugly to the point were he is prolly hoping the Pats will not want him near the team again.

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Welcome back! I saw sirlancemehlot lurking yesterday, too! I wish he'd start posting again! Where the heck is Sperm "60 seconds in a minute... that can't be right" Edwards?

:) :) :)

i'm sure sperm is floating around somewhere..... that didn't sound right did it?

sirlance was pretty funny..... we need savage back as well. why don't you go in & get him jetmoses;)

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:) :) :)

i'm sure sperm is floating around somewhere..... that didn't sound right did it?

sirlance was pretty funny..... we need savage back as well. why don't you go in & get him jetmoses;)

I agree about savage JW and I'll PM him from JI and tell him he's missed

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These things are hard to predict. However, I suspect that the SB MVP could work AGAINST Deion in this instance. Last time I checked, Culpepper, Walker, Stallworth and Owens don't have one of those.;)

Garb, That's completely meaningless. The SB MVP has been won by numerous JAGS in the past. It's a nice notch to have in your belt, but it certainly does not suddenly make you a good player. When you take his regular season stats into consideration it is clear to see he is worth nothing more than a second round pick. Considering he has never had 1000 yards, never had more than 5 TD's, and never caught 80 passes in a season, your lucky to even think he is worth a 2nd. I'd prefer giving a 3rd with an escalator to 2nd if he performs well.

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Garb, That's completely meaningless. The SB MVP has been won by numerous JAGS in the past. It's a nice notch to have in your belt, but it certainly does not suddenly make you a good player. When you take his regular season stats into consideration it is clear to see he is worth nothing more than a second round pick. Considering he has never had 1000 yards, never had more than 5 TD's, and never caught 80 passes in a season, your lucky to even think he is worth a 2nd. I'd prefer giving a 3rd with an escalator to 2nd if he performs well.

Super Bowl MVPs

Game Date Most Valuable Player

XL Feb. 5, 2006 Hines Ward

XXXIX Feb. 6, 2005 Deion Branch

XXXVIII Feb. 1, 2004 Tom Brady

XXXVII Jan. 26, 2003 Dexter Jackson

XXXVI Feb. 3, 2002 Tom Brady

XXXV Jan. 28, 2001 Ray Lewis

XXXIV Jan. 30, 2000 Kurt Warner

XXXIII Jan. 31, 1999 John Elway

XXXII Jan. 25, 1998 Terrell Davis

XXXI Jan. 26, 1997 Desmond Howard

XXX Jan. 28, 1996 Larry Brown

XXIX Jan. 29, 1995 Steve Young

XXVIII Jan. 30, 1994 Emmitt Smith

XXVII Jan. 31, 1993 Troy Aikman

XXVI Jan. 26, 1992 Mark Rypien

XXV Jan. 27, 1991 Ottis Anderson

XXIV Jan. 28, 1990 Joe Montana

XXIII Jan. 22, 1989 Jerry Rice

XXII Jan. 31, 1988 Doug Williams

XXI Jan. 25, 1987 Phil Simms

XX Jan. 26, 1986 Richard Dent

XIX Jan. 20, 1985 Joe Montana

XVIII Jan. 22, 1984 Marcus Allen

XVII Jan. 30, 1983 John Riggins

XVI Jan. 24, 1982 Joe Montana

XV Jan. 25, 1981 Jim Plunkett

XIV Jan. 20, 1980 Terry Bradshaw

XIII Jan. 21, 1979 Terry Bradshaw

XII Jan. 15, 1978 Randy White, Harvey Martin

XI Jan. 9, 1977 Fred Biletnikoff

X Jan. 18, 1976 Lynn Swann

IX Jan. 12, 1975 Franco Harris

VIII Jan. 13, 1974 Larry Csonka

VII Jan. 14, 1973 Jake Scott

VI Jan. 16, 1972 Roger Staubach

V Jan. 17, 1971 Chuck Howley

IV Jan. 11, 1970 Len Dawson

III Jan. 12, 1969 Joe Namath

II Jan. 14, 1968 Bart Starr

I Jan. 15, 1967 Bart Starr

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not sure I can agree with the greedy idiot part tx. he is way underpaid for a #1 reciever and even with belly's most recent offer, a couple teams in the bidding hunt have proven he's still getting less than market value.

though I could eek by on 4 mil a year , the lifespan of an nfl wide reciever is short & I can't blame him too hard for looking elsewhere.

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Other than:

Plus, who says a draft pick in the late second round is fair?

He was a late 2nd round pick, I believe, and after four years his worth is only 10-15 places ahead of where he was drafted?

Plus, a 6 year-36-39 million dollar contract suggests he should be worth more. That is top receiver money. Or close to it.

The bottomline is no one knows what was agreed upon. What the stipulations were. You said the Patriots went back on their word. How? Only his agent and the team know.

So by that logic, Culpepper should have been traded for much more than a 2nd round pick as he was a top 10 pick himself and has since shown himself to be a top NFL QB. There is no way Deion Branch is worth a 1st round pick, and what would be a very high one at that. The reasons the Patriots went back on their word have been presented quite clearly.

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I have to agree, they never had any intention of trading him...for what reason I'll never know, cause as it's been said before why the hell would you want to keep someone who doesn't want to play for you, the vikings didn't, the Packers didn't, the broncos didn't, the jets didn't....it make no sense.

You trade away the guy who is a problem and get value for him and move the heck on. Why drag this out your not going to get a first rounder for him, not even the Seahawks would do it unless they could guarantee they would make it to the NFC championship. It serves no purpose to drag this out, all it's doing is causing locker room tension.

So to all you Pats fans out there, explain it to me and use words a lowly Jet fan could understand....why the hell would the Pats front office want to force him into playing or sitting out instead of getting value for him right here and now?

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Gotta love it when Michael Irvin of all people calls out NE multiple times on MN Countdown to "step up and show some class".

Yea, I'd rather have a team that shows class than one that contends for the Super Bowl every year.

Michael Irvin needs to shut his fly trap and go do some more blow.

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This is complete BS.

The Pats "went back on their word"?

What obligation do the Patriots have to work with this greedy idiot?

He is still under WRITTEN contract with the Pats.

Why wouldn;t he want to renegotiate

Lil Bill and The Tomato Ketchup man set precedence by reworking Seymores contract

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Yea, I'd rather have a team that shows class than one that contends for the Super Bowl every year.

Michael Irvin needs to shut his fly trap and go do some more blow.

Yeah, Michael Irvin knows nothing about being a superbowl contender:yawn:

And please don't include the Pats in that sentence....they're as far out of contention as the Jets

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Where the heck is Sperm "60 seconds in a minute... that can't be right" Edwards?

I'm around. I just got slammed with a lot of work. Also, I wanted to see who won the #1 Jets website before claiming undying loyalty to any particular one. I am working on another chat after the season opener from behind the scenes.

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These things are hard to predict. However, I suspect that the SB MVP could work AGAINST Deion in this instance. Last time I checked, Culpepper, Walker, Stallworth and Owens don't have one of those.;)

hold on! let me get this straight.:banned: you actually think that deion is a better receiver than "TO". deion won sb mvp because of tom brady. because tom brady got him to the sb.

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Lil Bill and The Tomato Ketchup man set precedence by reworking Seymores contract

So you are saying Deoin is the best wideout in the game today?

That is why Seymour got a new deal before his contract was up. The same for Brady. They are arguably the best players in the league at their respective positions.

He may feel he is. The Jets/Seahawks may want to pay him like he is. However, it is tough to make an argument he is the best wideout in the AFC East much less the NFL.

rsherry

I understand your point about the going rate. I am just using what I think the Patriots argument is. The Jets/Seahawks agreed to a 6yr-39 million w/a 13 million signing bonus. The 6.5 million average would put Deoin at #2 in average cap value for wideouts (acording to the USA Today salary database) behind Issac Bruce for 2005 values. That means the Jets/Seahawks look at him and are willing to pay him as if he is one of the best at his position. Yet, they are only willing to give the Patriots compensation that is marginally better then where he was drafted. They get a polished receiver in the prime of his career and the Patriots get a player that is not first round material because of some flaw in their character/game/etc. I am not saying Deoin is worth a first and mid-round or whatever the reported value the Patriots are looking for. In the end, using what other teams settled for, is not a valid argument. Deoin wants the Patriots to trade him for the value he feels he is worth, but wants them to accept less then what they feel he value is.

81

You do not think the Culpepper trade was a little lopsided? The Phins essentially traded Culpepper for Clemens. Are you saying a QB, that as you said, has demonstrated to be one of the better QBs in the NFL is worth the same as Clemens? Actually more seeing the Phins will probably draft lower then 17th. Again, unless you were in on the negotiations for the permission to seek a trade, you do not know. Even making the assumption the Patriots were at fault, the teams are willing to pay him top dollar, but wan't 50 cents on the dollar in return.

Spud

He is under contract. They renegotiated Brady's because he was obviously better then the spot he was drafed at. They renegotiated Seymour's because he was obviously one of the best at his position. Not saying Deoin has not been instrumental in their success. He has. However, if you let a player that is still under contract force his way out you set a bad precedent. IMHO the Patriots would accept a second, a first is tough to justify, but would want a player or multiple picks which have conditional stipulations.

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