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Judge yet to make decision in Tom Brady settlement hearing

Darren Ornitz / Reuters

The judge overseeing Tom Brady's suspension appeal didn't make a decision in the settlement hearing Wednesday, questioning the NFL over evidence linking the New England Patriots quarterback to deflating footballs.

Judge Richard M. Berman noted Brady's statistics were better in the second half of the AFC Championship Game, in which the Patriots routed the Indianapolis Colts 45-7. Brady is alleged to have knowingly used underinflated footballs during the first half of the contest.

"Turns out, Mr. Brady did better with higher inflated balls than underinflated balls," Berman said, according to ESPN. "You might say he got no competitive advantage."

Neither Brady nor NFL commissioner Roger Goodell spoke during the hearing.

Berman asked Brady's attorney, Jeffrey Kessler, why the quarterback destroyed his cell phone during the league's investigation.

"You're right, it could have been done a different way,'' Kessler conceded.

Berman previously implored the parties to come with up a settlement ahead of the hearing, asking both sides to negotiate in good faith.

Representatives from the NFL, NFLPA, along with Brady, and his attorney are due back in court next week, tentatively scheduled for Wednesday.

If a settlement can't be reached by then, the NFL and NFLPA asked Berman to come up with a decision before Sept. 4, six days before the Patriots' season opener against the Pittsburgh Steelers.

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