Josh Gordon hired attorney Maurice Suh on Tuesday to help him appeal his one year suspension from the NFL. Suh is the same attorney who successfully won an appeal of a contested positive test for Seattle Seahawks cornerback Richard Sherman.
Suh along with NFLPA attorney Heather McPhee will argue that Gordon's disputed test results were a result of secondhand smoke.
At the time of collection a specimen is divided into two samples-sample "A" and sample "B". The NFL regulations consider anything above 15 nanograms per milliliter is considered positive. If the A sample reveals a substance amount higher than the threshold then the B sample is tested. The B sample doesn't need to register above the threshold it just needs to show a detectable amount of the substance found in sample A.
Gordon's "A" sample tested at 16 nanograms per milliliter, just one nanogram per milliliter above the regulated threshold, while Gordon's "B" sample tested at 13.63 ng/ml. Considering that both samples were from the same collection, both samples should have the same result.
Other testing bodies including those for the Olympics and MLB would consider Gordon's results negative. Gordon has had over 70 drug tests and only one other test came back positive, another test with disputed results.
Gordon's attorneys will also introduce witnesses who will testify that Gordon's test results are consistent with a person breathing in secondhand smoke. The league does not suspend players for breathing secondhand smoke.
Gordon's DWI arrest in July will not play a factor in the suspension since it is an unrelated case.
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