3 Robert F. Young design of a gauge is the primary determinant of its accuracy, rather than gauge -to-gauge manufacturing variability. Thus if one logo gauge over-reads by 3%, others likely do also. Proof that the above analogy accurately depicts Exponent’s assumption:

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Exponent tested 9 Toyotas and just the one Honda (the ref’s): See last paragraph of Exponent’s page 20), and

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Proof that this was the crux of logic (if there was any logic other than a presumption of guilt): If interpreted charitably to Exponent and Wells integrity, the last paragraph of page 44 of the Exponent report indicates that the inaccuracy of the one logo gauge, vs consistent accuracy of non-logo gauges, is what convinces Exponent that the teams must have used accurate gauges instead. We know from the pre-game data that the Colts and Patriots both drove cars whose odometers worked similarly that day, worki ng the same as whichever car the ref dove that day. Therefore, once you accept the bogus assumption, it becomes logical to doubt the r ef’s recollection of which of his cars he drove that day. It seems likely that the one true reason Wells and Exponent insist the non-logo gauge was used is simply that the other (logo) gauge o ver-reads. That is what the las t paragraph on page 44 says :

It has been shown that the Logo Gauge consistently reads higher than all other gauges analyzed in this investigation. As a result, it is very unlikely that the L ogo Gauge would have read similarly to the gauges used by each team

What motivates them is evidently not really accuracy but rather in which direction the inaccuracy occurs. Or put another way, because t he Patriots only look guilty if we assume everyone dove Toyotas, we assume the ref was wrong in recalling that he drove his Honda that day. The NFL hid the notes from the ir questioning of the ref, claiming client-attorney privacy, while t he ref allowed under cross-examination that is

possible

that his recollection was wrong about what gauge he used. How likely could that be considering that:

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He always brings the same two gauges.

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One gauge has a noticeably longer needle, thus making them different enough in use that he’s likely to have a habit for which one he tends to use.

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If you had a Camry and an Ac cord, wouldn’t you likely develop a habit for which one you use, and likely thus recall correctly which one you most likely drove.

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There is a great leap required to get from the ref simply admitting under cross examination that his recollection is not infallible to the conclusion that his recollection m eans little.