Experts don't back Branch

Receiver Deion Branch has filed two grievances against the Patriots, but three experts believe he'll need a Hail Mary to emerge victorious.

``The Pats win this going away," said Boston-based sports attorney Harry Manion, via e-mail from Europe. ``[Branch] will say they entered an oral contract to accept fair and reasonable compensation. There are a multitude of legal and [collective bargaining agreement] reasons why this is a dead solid loser.

"He is under a written agreement governed by the CBA which was the product of intense negotiations between sophisticated negotiators. To now say it was abrogted or terminated by a vague oral understanding is a stretch, although often the last resort of someone trying to escape from a written obligation he does not like."

Manion's opinion was shared yesterday by Roger I. Abrams, a Richardson Professor of Law at Northeastern University's School of Law, and Paul Haagen, a professor of law at the Duke University Law School.

``It's going to be a tough road for him through arbitration," said Abrams, who also has served as a baseball arbiter at times over the last 20 years. ``As I understand it, his complaint is that the Patriots weren't treating him fairly after they made this offer that he could shop himself to other teams. That could be true, but it's hard to see where he has a contract right that has been violated. If anyone, he is the one violating his obligation to fulfill his contract."

Added Haagen: ``Without knowing a little more about the actual terms of that agreement to permit him to go out and seek other offers, and whether it was in any way bound by anything, I would think the Patriots have very broad authority to determine what is an appropriate offer. My inclination is that the Patriots are certainly well within their rights. I would think they would win."

Branch's arbitration hearing will be held Saturday at the latest, and he will be represented by NFL Players Association general counsel Richard Berthelsen, outside counsel Jeffrey Kessler, and Branch's personal attrorney, Peter Ginsberg.

Abrams said it's a ``heavy-hitting" group that will attempt to show the Patriots received appropriate compensation for Branch -- a second-round draft choice -- after giving Branch permission to negotiate with other clubs.

The Patriots likely will counter by saying they have the right to determine the value of the player, and they believe Branch is worth more. Haagen believes the Patriots have the upper hand.

``How many comparables are there? He's a Super Bowl MVP," he said. ``That's one of the significant uncertainties, because all of these guys are unique."

The second grievance filed by Branch then would claim the Patriots didn't bargain in good faith. While noting that he doesn't have all details, Abrams doesn't see that being upheld.

``If the offer came back as three first-round draft choices and a trillion dollars, and they said it was not enough, that would be bad faith," he said.

However, there could be a wrinkle in the good-faith argument that Branch's camp might be able to stress, according to Haagen.

``If in fact, despite saying they would do something and taking on the duty to negotiate in good faith they then refused to meet with him, refused to discuss it, and wouldn't [negotiate] with another team, that could make a difference," Haagen said.

Haagen also added that while it appears Branch is facing long odds, anything can happen in the arbitration process.

``Any time you go in to any decisional process, whether it's court, arbitration, or anything, there is a level of risk," he said.

Abrams said he would be surprised if the arbitration went to a decision before the sides reached a resolution.

``When you go to arbitration, it sets up another line of communication," he said. ``I've had cases where halfway through the hearing the sides ask for an hour to talk about a settlement, then 3-4 hours later they settle it. That would be my prediction as to what would happen."

The Patriots claimed wide receiver Jonathan Smith off waivers from the Bills and released Bam Childress. The 5-foot-10-inch, 194-pound Smith, who has eight career receptions for 77 yards and one touchdown, also has experience as a punt and kickoff returner. Childress could be re-signed to the practice squad . . . The Patriots signed offensive linemen Billy Yates and Dan Stevenson, wide receiver Kelvin Kight, inside linebacker Corey Mays, defensive end Santonio Thomas, and cornerback Antwain Spann to the practice squad . . . Defensive lineman Dan Klecko was claimed by the Colts, and safety Guss Scott was claimed by the Texans. Both were waived by the Patriots Saturday.