Because that incident happened before Hernandez signed his mega contract extension later in '12, it goes against language in his contract regarding "existing circumstances". That's according to CBSSports.com's Joel Corry, a former NFL agent who detailed the cap situation with Hernandez and the Patriots in January.

It would give the New England organization grounds to recoup what they owed Hernandez, including a $3.25 million singing bonus that was deferred and paid only in March of this year. That matches the minimal extra salary-cap relief the Patriots would get, too.