HENRY WINS APPEAL, AVOIDS SUSPENSION

0 Comments | Gazette, The (Colorado Springs), Dec 5, 2007 | by FRANK SCHWAB

Denver Broncos running back Travis Henry won his appeal to the NFL, avoiding a one-year suspension.

The league, which according to court records informed Henry of a positive test for marijuana on Sept. 4, announced Tuesday that Henry will not be suspended.

"We are pleased with this outcome and happy that Travis has been absolved of any wrongdoing with respect to this matter," the Broncos said in a statement.

NFL spokesman Greg Aiello said Henry will remain in the substance abuse program. Henry was to be released from the program about two months ago. Players are cycled out of the program after two years of clean tests. Henry served a fourgame suspension in 2005 for a violation of the drug policy. If Henry tests positive again, he could be subject to a one-year suspension.

Aiello said negative hair samples and polygraph tests submitted by Henry didn't factor in the decision. Henry filed a lawsuit against the NFL, trying to prevent the league from using the positive test to sus- pend him. According to court records Henry said the league didn't allow his expert to test a second urine sample, a right afforded to players in the collective-bargaining agreement, and that might have helped his case.

"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," Aiello said in an e-mail.

Henry's lawyer Harvey Steinberg said Henry tested clean for the NFL a couple of days before the positive test, which he cited as a key to Henry's case. He said the NFL didn't divulge that information to Henry's legal team immediately.

"We're thrilled, absolutely thrilled," Steinberg said. "I think the situation was they got caught and they admitted it."

Henry was unavailable on the players' day off.

Henry started the season well, gaining more than 100 yards in three of his first four games as a Bronco. News of his positive test broke the week before Denver's fifth game. He hasn't had a 100-yard game since.

Henry, who missed one game with a rib injury and three more with a knee injury, said after Sunday's game that the pending suspension and his appeal had not affected his performance. Against Oakland, Henry fumbled once. He and quarterback Jay Cutler botched a handoff that led to another fumble.

The Broncos supported Henry from the time his suspension became public. Receiver Javon Walker said Henry would win his case when all the facts came out. Broncos coach Mike Shanahan defended Henry on Nov. 12, four days before his appeal, saying he believed Henry would get a fair shake from NFL commissioner Roger Goodell and would win the appeal.

"The Broncos look forward to Travis Henry's continued participation on the playing field," the team said in its statement.

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