Now that his legal battle with the NFL has reached a happy conclusion, Travis Henry can admit there were days when he lived in fear of consequences.
He had two strikes against him, and the league’s contention that he had tested positive for marijuana in late August would have meant strike three — he’s out.
The Broncos running back would have been suspended for at least a year. And if a 29-year-old running back misses a year, who knows if it would lead to a lifetime?
“I kept trying to convince myself I could be Superman through this whole thing, but I am human,” Henry said Tuesday.
“I just kept the faith and kept praying about it. As long as coach (Mike) Shanahan, my teammates and my family and the circle believed in me, I didn’t care what all you guys wrote about me or what other people said about me.”
Henry and the Broncos learned Tuesday he will not be suspended. The league’s case against Henry was 21 nanograms of THC from a urine sample taken Aug. 27. The NFL counts any reading above 15 nanograms as a positive test. THC is the primary chemical in marijuana.
Henry vehemently denied the charge and hired attorneys to block the NFL from testing a second sample without the presence of a specialist chosen by Henry. His attorneys filed a motion on Oct. 24 that argued the NFL knowingly violated a temporary restraining order blocking the second test.
As the court filings remained in legal limbo, Henry’s case made its way through the NFL appeals process, with Denver attorney Harvey Steinberg representing Henry at his league hearing Nov. 16 in Phoenix.
Key to winning the appeal were procedural mistakes the league made along the way.
The case was made that the league misstated that Henry had tested clean on Aug. 10 — 17 days before he allegedly tested positive — when in fact Henry tested clean on Aug. 23 and again on Aug. 31.
Around this error, an argument was made against the league’s testing procedures and oversight of the Henry case.
NFL commissioner Roger Goodell deliberated longer than usual before finally declaring Henry innocent of the most recent charge for marijuana. Steinberg said players had won their NFL appeals before, but this was the first time he had won an appeal when a player was facing his third strike.
At last for the Broncos: some good news in this trying season. Henry, who returned last week after missing three previous games with a knee injury, will bring his team-leading 629 rushing yards to the practice field today and start Sunday against the Kansas City Chiefs.
While technicalities may have helped Henry win his appeal, he also maintains his innocence.
“I never smoked,” Henry said. “I don’t know how it came out the way it did. I don’t know if they did something wrong with the testing or what. I don’t know, but I’m grateful.
“I’m overwhelmed. It’s been a long process. But I kept the faith. I give all the thanks to God because I stayed on my knees and people in my circle stayed on their knees, too. I’m happy it’s all over with. I’m ready to get back this week and finish up strong and prove to the Broncos they have something good.”
The Broncos issued a statement saying they were pleased Henry was absolved. The ruling also reinforced Shanahan’s decision to publicly champion Henry’s case.
Shanahan pointed out Henry’s clean urine sample four days before the alleged dirty sample. He also said that Henry had passed a polygraph and a hair-follicle test.
Shanahan later said his intention was not to sway the hearing but to tell fans and players he kept Henry because he believed in his innocence.
The NFL’s statement said: “Travis Henry will remain in the substance-abuse program, must continue to adhere to all aspects of it, but will not be suspended following his appeal,” the league statement said. “The defense of hair samples and lie detector tests was irrelevant and unconvincing, but our substance-abuse program is based on meeting the highest standards and respecting player rights in all phases of its administration.”
Steinberg called the statement inflammatory.
“They need to read the NFL drug policy about statements made by NFL officials,” Steinberg said. “Their statement is in violation of the rules. And the reason they lost this hearing is because they didn’t follow the rules.”
How did the statement violate the league’s drug policy?
“They’re not supposed to talk about these things,” Steinberg said. “The only statement that should have come out from the NFL is the player would not be suspended.”
As for Steinberg’s client, the matter is finished. Henry is humbled by the NFL’s decision. He knows his cause hovered over the Broncos for the better part of their 5-7 season.
“I did feel bad because it was a distraction,” Henry said. “But if I had smoked or did something I wasn’t supposed to, I wouldn’t have done all those things I did to prove my innocence. I thank him. I thank Harvey. I wish I would have brought him in earlier. Maybe, this wouldn’t have dragged on as long as it did. But I’m grateful. It’s a blessing.”
Case timeline
The NFL announced on Tuesday that Broncos running back Travis Henry will not be suspended for violating the league’s substance abuse program, the outcome of his appeal of a positive test for marijuana. Here is a chronology of the affair, constructed from a court filing by attorney Steve Zissou to Judge Leonard D. Wexler in United States District Court.
Aug. 27: Henry provides a urine sample as mandated by the NFL substance-abuse program.
On or about Sept. 4: Henry is notified by letter that his sample tested positive for 21 nanograms of marijuana. The league threshold is 15 nanograms. Henry demands that his “B” sample provided on Aug. 27 be tested with his own specialist, Dr. William J. Closson, present during the procedure. Testing of the “B” sample is scheduled for Sept. 21, but the NFL advises Henry that Closson would not be permitted to be present.
Sept. 20: Henry obtains a temporary restraining order from the Supreme Court of the state of New York that prohibits the NFL from testing the “B” sample until a hearing is held.
Sept. 21: Just before noon, analysis of Henry’s “B” sample proceeds without Closson being present. At approximately 2:30 p.m. the NFL moves to vacate the restraining order and the appellate division judge who heard the argument grants the motion to vacate at 3:45 p.m.
Oct. 1: The NFL files a petition to have the case transferred to the Eastern District of New York, contending it falls under federal law because the case is covered under the collective bargaining agreement between the league and the players’ union.
Oct. 24: Zissou, Henry’s attorney in the court case, files a motion to have the case remanded to New York State Supreme Court so that the court whose order was violated can determine sanctions against the NFL.
Nov. 16: As the court case remains in limbo, the NFL hears Henry’s league appeal in Phoenix.
Dec. 4: The NFL announces Henry will not be suspended, but will remain in the substance-abuse program.
Mike Klis: 303-954-1055 or mklis@denverpost.com
