Prosecutors still may win the war, but today they lost the battle.
Evidence introduced at the hearing included testimony that Brent has failed on 22 occasions to log data to his SCRAM device, which monitors alcohol levels. However, there was no evidence that Brent used alcohol or that he tampered with the device.
Brent faces a September trial for intoxication manslaughter charges. He allegedly was under the influence of alcohol during a crash that claimed the life of Cowboys linebacker Jerry Brown.
Brent is not expected to play for the Cowboys in 2013, but he reportedly has been present at the team’s facility during the offseason. The NFL undoubtedly will suspend Brent, at least for a year, if he pleads guilty to or is convicted of manslaughter.