2. Several hours before the AFC Championship Game, Jim McNally, the Patriots
employee responsible for delivering the Patriots game balls to the game officials
for pre-game inspection, brought the balls into the Officials Locker Room at
Gillette Stadium. At or around that time, McNally told the referee, Walt
Anderson, that Tom Brady, the Patriots quarterback, wanted the game balls
inflated at 12.5 psi. McNally has been employed by the Patriots as a seasonal or
part-time employee for the past 32 years. His work for the Patriots during the
2014-15 NFL season took place only on a part-time/hourly basis on days on
which the Patriots had home games. His legitimate job responsibilities as
Officials Locker Room attendant did not involve the preparation, inflation or
deflation of Patriots game balls.
3. During the pre-game inspection, Anderson determined that all but two of the
Patriots game balls delivered by McNally were properly inflated. Most of them
measured 12.5 psi. Two tested below 12.5 psi and Anderson directed another
game official to further inflate those two game balls, which Anderson then
adjusted to 12.5 psi using a pressure gauge. Most of the Colts game balls tested
by Anderson prior to the game measured 13.0 or 13.1 psi. Although one or two
footballs may have registered 12.8 or 12.9 psi, it was evident to Anderson that the
Colts‟ inflation target for the game balls was 13.0 psi. No air was added to or
released from the Colts game balls pre-game because they were all within the permissible range.
4. When Anderson and other members of the officiating crew were preparing to
leave the Officials Locker Room to head to the field for the start of the game, the
game balls could not be located. It was the first time in Anderson‟s nineteen
years as an NFL official that he could not locate the game balls at the start of a
game. Unknown to Anderson, and without Anderson‟s permission or the
permission of any other member of the officiating crew, McNally had taken the
balls from the Officials Locker Room towards the playing field. According to
Anderson and other members of the officiating crew for the AFC Championship
Game, the removal of the game balls from the Officials Locker Room by McNally
without the permission of the referee or another game official was a breach of
standard operating pre-game procedure. According to Anderson, other members
of the officiating crew for the AFC Championship Game and other game officials
with recent experience at Gillette Stadium, McNally had not previously removed
game balls from the Officials Locker Room and taken them to the field without
either receiving permission from the game officials or being accompanied by one
or more officials.
5. Based on videotape evidence and witness interviews, it has been determined that
McNally removed the game balls from the Officials Locker Room at
approximately 6:30 p.m. After leaving the Officials Locker Room carrying two
large bags of game balls (Patriots balls and Colts balls), McNally turned left and
then turned left again to walk down a corridor referred to by Patriots personnel as
the center tunnel heading to the playing field. At the end of the center tunnel on
the left-hand side, approximately three feet from the doors that lead to the playing
field, is a bathroom. McNally entered that bathroom with the game balls, locked
the door, and remained in the bathroom with the game balls for approximately one
minute and forty seconds. He then left the bathroom and took the bags of game
balls to the field.