Only Smith and Fujita have played this season. Vilma has been recovering from offseason knee surgery and hopes to return in two weeks when the Saints play at Tampa Bay. Goodell's new ruling did make a financial concession to the Saints linebacker, saying he can be paid for the six weeks he is spending on the Saints' physically unable to perform list.
In a written statement, Smith said he remained frustrated "with the continued unilateral rulings by this commissioner as he continues to disregard the facts and assault my character."
"I never participated in a 'pay-to-injure program,' never took the field with intent to injure another player, and never contributed any money to hurt other players," Smith said. "It was my hope that those investigating would put their arrogance and agenda aside in order to comprehend the difference between a 'pay-for-performance program' and a 'pay-to-injure program,' but until that day, I will continue to pursue my appeal options through the NFLPA, and attempt to return to work for my family, teammates, fans and the city of New Orleans."
The players declined to meet with Goodell before he made his initial disciplinary rulings in early May or during the first appeal process.
Goodell began to reconsider his disciplinary actions after the Sept. 7 appeal panel ruling and this time all four players agreed to meet with him. During those meetings the NFL produced sworn declarations by Williams and another former defensive assistant, Mike Cerullo, in which they stated that they observed Vilma offering what they believed were $10,000 rewards for knocking then-Arizona quarterback Kurt Warner and then-Minnesota quarterback Brett Favre out of 2009-10 playoff games.
Ginsberg, however, said Cerullo's and Williams' sworn statements are not credible because they conflict with one another on various points. Ginsberg also said the commissioner ignored the sworn testimony in federal court of several current and former teammates who denied the league's accusations against Vilma.
"Commissioner Goodell has further damaged Jonathan's reputation, compromised his career, and cast an unfair cloud over a fine and decent man," Ginsberg said. "It is unfortunate that the process exhibited by the NFL has had no decency."
Vilma has indicated previously that he would be inclined to continue fighting his suspension before U.S. District Judge Ginger Berrigan. The judge has stated that she found the NFL's disciplinary process unfair and that she would be inclined to grant Vilma at least a temporary restraining order if she believed she had jurisdiction on the matter.
However, Berrigan also has stated that she is hesitant to rule until she is certain the players have exhausted all possible remedies available to them through the NFL's collective bargaining agreement.
The other three players have been represented by the NFLPA, which stated it will carefully review Goodell's latest decision and "protect our players' rights with vigilance."
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