Jul 28, 2015 5 min read

NEW YORK – The commissioner pointed to concealed evidence. The team described it as a folly. And the agent added sham to the lexicon of “Deflategate.”

Then the players’ union said it would take it all to court.

Tom Brady’s four-game suspension for his role in using underinflated footballs during the AFC championship game was upheld Tuesday by NFL Commissioner Roger Goodell.

Goodell said the New England quarterback told an assistant to destroy Brady’s cellphone on or just before March 6. Brady met with independent investigator Ted Wells on that day.

“He did so even though he was aware that the investigators had requested access to text messages and other electronic information that had been stored on that phone,” Goodell said in his decision.

“During the four months that the cellphone was in use, Brady had exchanged nearly 10,000 text messages, none of which can now be retrieved from that device.”

Calling the appeal process “a sham,” Brady’s agent, Don Yee, said Goodell “failed to ensure a fair process” in upholding the quarterback’s four-game suspension.

The Patriots used the words “folly” and “incomprehensible” in their statement, then said they “unequivocally believe in and support Tom Brady.”

Brady acknowledged in his testimony he was aware of investigators’ request for information from the cellphone before he had it destroyed, the appeal decision said.

After releasing the report in May, Wells said he had told Brady and Yee he did not need to see his phone and would have accepted a list of communications.

Wells’ investigation had no subpoena power and Brady was under no legal obligation to cooperate.

The NFL had some messages from Brady sent to an equipment manager’s phone, but investigators wanted to see if Brady’s cellphone had other messages related to footballs.

The four-time Super Bowl-winning quarterback was suspended by NFL executive Troy Vincent in May following the Wells report. The Patriots were fined $1 million and docked a pair of draft picks. The team didn’t appeal its penalty, but Brady appealed.

The NFL Players Association said in a statement on Tuesday that it would appeal in court.

“The NFL resorted to a nebulous standard of ‘general awareness’ to predicate a legally unjustified punishment,” the union said, adding, “the NFL violated the plain meaning of the collective bargaining agreement.”

Moments after announcing Goodell’s decision, the league filed action in U.S. District Court in New York against the union, saying the NFL commissioner has the right under the labor agreement to hand out such discipline “for conduct that he determines is detrimental to the integrity of, or public confidence in, the game of professional football.”

Goodell mentioned exactly that in the conclusion of his appeal decision.

“Especially in light of the new evidence introduced at the hearing – evidence demonstrating that he arranged for the destruction of potentially relevant evidence that had been specifically requested by the investigators – my findings and conclusions have not changed in a manner that would benefit Mr. Brady,” Goodell said.

Poe out after back surgery: Chiefs defensive tackle Dontari Poe will miss all of training camp and could miss part of the season after the Pro Bowl run-stuffer had surgery last week on his ailing back.

Poe first hurt his back during offseason workouts, but coach Andy Reid said Tuesday that he aggravated the injury training at home. Poe was diagnosed with a herniated disc and had surgery July 15, and trainer Rick Burkholder said he will be out indefinitely.

Poe is coming off his second straight Pro Bowl.

Wilkerson will report: A person familiar with Muhammad Wilkerson’s plans says the defensive end will report for training camp today with the New York Jets despite being unhappy with his contract.

The person spoke to the Associated Press on condition of anonymity Tuesday because neither Wilkerson nor the Jets announced the decision.

Wilkerson reported for mandatory minicamp last month, but was non-committal about showing for training camp. He stayed away from the team’s facility during voluntary workouts and practices earlier in the offseason while looking for a long-term deal.

Wilkerson, one of the key parts of new coach Todd Bowles’ defense, is in the last year of his rookie contract and is due to make $6.97 million this season.

Clowney heads to PUP: The Houston Texans have placed outside linebacker Jadeveon Clowney on the physically unable to perform list.

The move means the No. 1 overall pick in last year’s draft will not be ready for the start of training camp this weekend. But Clowney will be able to return to practice whenever he is ready.

Clowney played just four games as a rookie last season before having season-ending microfracture surgery in December. Monday’s move isn’t a surprise. The Texans have said they weren’t sure if he would be ready for the start of training camp, but they still hope that he will be healthy in time for the season opener.

Saints release Bunkley: The New Orleans Saints have released veteran defensive tackle Brodrick Bunkley, citing a failed physical.

The Saints, in moves made Tuesday, also have placed receiver Marques Colston, safety Jairus Byrd and defensive lineman Glenn Foster on the physically unable to perform list. Those three players remain on the active roster and could return to the field at any time during the preseason.

The 6-foot-2, 306-pound Bunkley has spent three seasons in New Orleans, starting all but two of 38 games in which he played. He hasn’t had a sack since 2012, but was often effective holding his position at the line of scrimmage and occupying blockers.

Kevin Williams and John Jenkins could fill the starting job vacated by Bunkley.