UPDATE #2 -- ESPN's Len Pasquarelli has weighed in on the matter, and has even gotten ahold of the NFL regarding Henry's pending litigation against the League.
According to League Vice President of Public Relations Greg Aiello, the NFL is involved in the court action with Henry and that the league hopes to have his motion dismissed. Citing confidentiality policies that are a part of the substance abuse program, Aiello declined to address the results of any tests involving Henry.
Aiello said the NFL is attempting to have the case moved to a federal court in Brooklyn, because the collective bargaining agreement and the interpretation of the accord between the league and the NFL Players Association is a matter for federal purview. The league filed those papers on Monday, he said.
The issue being challenged by Henry is that the NFL would not allow his expert to observe the testing of the "B-sample." Although the collective bargaining agreement permits a player to have an expert present for the testing, Aiello said that expert cannot be affiliated with any laboratory. The expert presented by Henry did have such an affiliation.
The league provided Henry with the names of 10 independent experts as reference for his potential use.
If Henry is suspended, it might also prompt the Broncos to attempt to recover a portion of any bonus money paid him. As part of his contract, Henry reportedly was guaranteed about $12 million.
UPDATE #1 -- This story is getting better by the minute. Henry reportedly is suing the NFL as a result of the positive test and its disclosure. This process supposedly began on September 20th, with Henry attempting to get a restraining order in Suffolk County Supreme Court to block the NFL from using a urine specimen against him and to stop the league from disclosing the test results.
Court papers filed in the state court action couldn't be reviewed late Thursday, and Henry's attorney Robert Dapelo of Patchogue declined comment. But papers filed by the NFL on Monday in federal court suggested that Henry may have failed the test because the documents stated that Henry was trying to stop the league from testing his specimen and "suspending from his employment with the NFL."
While the Suffolk court granted the temporary restraining order against the NFL, the league got an appellate court to vacate that order, court papers disclosed.
The NFL is seeking to have the litigation transferred to Brooklyn federal court because the issue involves interpretation of the league's collective bargaining agreement, which generally is covered by federal labor laws. Henry claims that the NFL violated league substance abuse policy by not allowing his experts to be present for testing of his urine specimen, court papers stated.
More To Come.....
Travis Henry has reportedly tested positive for marijuana, and if accurate could lead to the running back being suspended for 1-year.
Below is an excerpt from MYFoxColorado.com --
Henry, 28, previously served a four-game suspension from the National Football League for violating the leagues substance abuse policy in September 2005 as a member of the Tennessee Titans.
Henry can appeal the latest violation. However, if the appeal is denied, he will begin serving a one-year suspension immediately.
Henry can file for reinstatement 60 days prior to the end of the suspension.
The Denver Broncos had no official comment, instead, deferring to the NFL.
The Broncos signed Travis Henry in the off-season to a five-year, $22.5 million contract with $12 million in guarantees.
The news of Henry's marijuana bust comes as lawyers try to collect back child support for the NFL star's nine illegitimate children.
A document filed in Denver Country court shows that, despite his football contract, Henry failed to pay child support in the amount of $6,400 for a daughter living in North Carolina.
This comes after a FOX 31 investigation revealed that a Georgia judge made the unprecedented move of ordering Henry to establish a trust, in the amount of $250,000 to support a different child living near Atlanta.
He was more than six months behind in support payments for that child.
Repeated calls to Mr. Henry's agent and attorneys throughout our investigations have never been returned
I know Henry's time in the NFL's Substance Abuse Program was about to clear, though the timing of Henry's positive test have yet to be released. If this turns out to be true, and by the looks of it, it is, the Broncos' gamble on Henry would have failed miserably.
Henry Is In A World Of Trouble
Earlier this year I reported on the Henry's status in the NFL's substance abuse program. Here is a snippet from that entry from March 7, 2007 --
Henry will rotate out of the NFL's substance abuse program after the third game of the 2007 season if he doesn't have any drug violations. If he does have a violation before then, Henry would be suspended for the entire season.
Players rotate out of the program after two seasons if they don't have any further violations.
Henry was suspended four games in 2005, his first season with the Tennessee Titans, after testing positive for marijuana.
Henry, 28, was signed by Denver on Monday and will be the team's primary tailback. Henry is Denver's most experienced and most expensive tailback since Terrell Davis. Henry signed a five-year contract worth $22.5 million, with $12 million in guarantees.
"I'm just focused on being a good Bronco and helping the team win," he said Monday.
As Jules Winfield would say, "Well Shiiiite, Bill Williamson, that's all you had to say!".
If Henry can get through Week 3 clean he's back to square one, and Broncos fans will exhale in relief.
Only one word comes to mind...STUPID!
H.T. to WABronco & BroncoDude793 for breaking this