Another opening for Elliott? Doctor refutes NFL metadata, photo evidence

Recent testimony in Ezekiel Elliott’s fight against his NFL suspension could shed some light on his accuser’s claims.

The NFL reportedly based its case to suspend the Dallas Cowboys running back for six games for violating the personal conduct policy on metadata and photographic evidence retrieved from Elliott’s former girlfriend’s phone.

Per the NFL, the metadata from Tiffany Thompson’s phone showed the dates of her domestic violence claims involving Elliott based on photos she sent to friends and family members.

The photos reportedly were viewed by doctors who said the bruising occurred during the same time she was with Elliott, proving no one else could have done it, the NFL said.

That evidence and analysis were challenged during Elliott’s appeal hearing last week in New York by a doctor who said there was no scientific way to determine the age of bruising from a review of photographs.

This gives Elliott’s defense team the hope of a reduction or perhaps complete dismissal of Elliott’s suspension by arbitrator Harold Henderson when he makes his decision, possibly Tuesday.

It’s also an area that Elliott’s defense will exploit in a lawsuit that he filed in federal court last Thursday. A hearing is set for 5 p.m. Tuesday in Sherman, Texas, regarding a temporary restraining order to block Elliott’s suspension until the case is decided in court.

Until then, it’s business as usual with the Cowboys getting Elliott ready to play in Sunday’s season opener against the New York Giants. Coach Jason Garrett said Elliott went through meetings and the walk-through on Saturday and he will be with the team when they begin preparations in earnest on Tuesday.

If arbitrator and former NFL executive Harold Henderson doesn’t issue a ruling by Tuesday at 3 p.m., there is a chance Elliott will be available for the opener against the Giants at least. For competitive reasons, the NFL doesn't like to suspend players after Tuesday of game week.

“I mean we’re just going to prepare for the Giants and Zeke will practice until someone tells him not to,” Garrett said. And the other guys will get ready to play. He is just focused on getting back to work. I think Zeke has done an excellent job focusing on what he needs to do to get himself ready to play. I think our team has done that. Our preparation for the Giants has begun.”

The Cowboys and Elliott have renewed hope of his availability via a vacated suspension or temporary restraining order because of a litany of procedural errors made by the league, starting with lead investigator Kia Roberts being shut out of the process despite being the only one to interview Elliott and recommending no suspension.

The other huger revelation from the appeals hearing was a doctor debunking the metadata and photo evidence.

Per transcripts from the appeals hearing, Dr. Michael Graham, who was introduced by Elliott’s defense team, was asked:

“Do you believe within a reasonable degree of medical certainty that it is reliable to age bruising based on photographs that were provided to you in this case?”

Graham responded: “No.”

Asked: “There’s no way that you or any other qualified expert can look at these photographs and age these bruises with any reasonable degree of medical certainty as to, A, when they occurred, whether it was weeks or days or an hour, and if they even occurred on the same time, things of that nature, would that be a fair statement?”

Graham responded: “Yes.”

Dr. Lorraine Giordano, who was one of two medical experts whom the NFL relied on to prove its case, was shown multiple studies she hadn’t seen before producing her report. Giordano has admitted that she “had no reason to disagree” with the conclusion that it is unreliable to determine the age of a bruise based on a photograph.

More damning for the NFL is the prospect that the other doctor hired by the league, Lone Thanning, lied about being unable to testify at last week’s hearing.

Per the transcript, the Elliott’s lawyers were told that Thanning could make because he had a medical condition and was in the hospital.

“We have reason to believe that that is false,” Elliott’s lawyer Jeffrey Kessler told Henderson. “So I’m going to submit to you the declaration of a private investigator, Mr. Scott Whitlock. Mr. Whitlock will, as you’ll see in this declaration, testify that, in fact, Dr. Thanning was in her residence all day yesterday . . . and he went to her door and she answered and that he stayed there all day, really into the night, and she never left the residence.”

So the case seems to return to an issue of credibility, one based on “he said, she said.”

The NFL ultimately took the side of Thompson, despite Roberts, the league’s lead investigator and the only person from the league office to talk to Elliott’s girlfriend, finding her not to be credible and recommending no suspension.

Thompson’s motives have come into question. She reportedly threatened to ruin his career, saying she would be believed because she’s “white and he’s a black athlete,” according to sources and documents obtained by the Star-Telegram.

She also discussed blackmailing him over alleged sex tapes, and she tried to harass him by having a relationship with one of Elliott’s former Cowboys teammates, Lucky Whitehead, the sources and documents said.

Elliott’s credibility also is in question.

And while his actions my not have always been upstanding from a moral point of view, he seemingly gave truthful testimony, even when it made him look bad.

During the hearing, Elliott admitted to using recreational drugs in college during testimony. And he admitted during testimony to having sex with the woman whose top he pulled down at the St. Patrick’s Day Parade, as well asking Thompson to have an abortion.

This story was originally published September 4, 2017 at 1:51 PM with the headline "Another opening for Elliott? Doctor refutes NFL metadata, photo evidence."