Ryan Braun Wins Appeal

[wadesworld]

The thing with the herpes rumors or whatever other rumors are out there, Braun said over and over since the suspension was leaked that he did not knowingly or unkowingly take any illegal substances.  He also said that he literally had not gained a single pound, did not get any stronger or faster, had not gained any additional power or arm strength as the Brewers record all of these things once or twice a week and there was documentation of this that they provided to the MLBPA.  If he was taking PEDs, his performance on these things would have increased.

[Benny B]

Whenever an athlete says that he never "knowingly" took (fill in the illegal substance), it raises red flags. For all we know, Barry Bonds never knowingly took PEDs. He just took what his trainers gave him and didn't ask questions because he didn't want to know. Therefore, when asked, he could honestly tell a jury that he never knowingly took PEDs.

Let's play hypothetical.... you take a drug test and test positive for ________.  You know for a fact that you have never taken it, but the results clearly state that you have.  The sample has your name on it, the results show that the substance was in the sample, but you have never taken the substance.

How would any of you explain why you failed the drug test?  
How would you know that someone didn't slip something into your Coke when no one was looking?  
How would you know if that chocolate milk truly wasn't taken from cows treated excessively with growth hormones?  
How would you know that your sample was tainted?
How would you know if the test was actually negative, and someone maliciously changed the results?
How would you know if the scientist didn't screw up the test?
How would you know if someone didn't make a data entry error?

Bonds didn't "knowingly" take something... he "negligently" took something.  I'm starting to get the distinct impression that Braun didn't do either, but absent some sort of scientific explanation, he still has to recognize the fact that something might have been in his system through no act or fault of his own.

With the right motivation, I could get any one of you to fail a drug test, and you would have no idea it was me (except that I just tipped you off.... so watch your drinks at the bar this weekend... Benny's out to get you.)

[Hoopaloop]

The thing with the herpes rumors or whatever other rumors are out there, Braun said over and over since the suspension was leaked that he did not knowingly or unkowingly take any illegal substances.  He also said that he literally had not gained a single pound, did not get any stronger or faster, had not gained any additional power or arm strength as the Brewers record all of these things once or twice a week and there was documentation of this that they provided to the MLBPA.  If he was taking PEDs, his performance on these things would have increased.

Then the pressure is on him to repeat his performance of 2011 into 2012.  At least that is what many a baseball fan will judge him on.

[MerrittsMustache]

The thing with the herpes rumors or whatever other rumors are out there, Braun said over and over since the suspension was leaked that he did not knowingly or unkowingly take any illegal substances.  He also said that he literally had not gained a single pound, did not get any stronger or faster, had not gained any additional power or arm strength as the Brewers record all of these things once or twice a week and there was documentation of this that they provided to the MLBPA.  If he was taking PEDs, his performance on these things would have increased.

What's the timeframe of these measurements? Hasn't gained a pound or increased his strength since...?

If he had been using PEDs for a number of years and those measurements were only from last season, they don't really mean anything.

[MUMac]

Just to clarify....the "arbitrator" was actually a 3 person panel and the suspension was thrown out on 2-1 vote of the panel and I am not a cub fan.

The arbitration process is almost always 2-1.  1 chosen by MLB, 1 by the Union and 1 independent (selected by both MLB and the Union).  I read somewhere, can't recall where and verify 100%, but that the independent is the critical one.

[Bocephys]

The arbitration process is almost always 2-1.  1 chosen by MLB, 1 by the Union and 1 independent (selected by both MLB and the Union).  I read somewhere, can't recall where and verify 100%, but that the independent is the critical one.

It's actually always 2-1.  The MLB guy has never voted for the player and the Union guy has never voted against the player.  so you are correct, it was basically a one person ruling.

[wadesworld]

What's the timeframe of these measurements? Hasn't gained a pound or increased his strength since...?

If he had been using PEDs for a number of years and those measurements were only from last season, they don't really mean anything.

Can't say I have the answer to that, but I would imagine they have kept those numbers from the minor leagues all the way through last season and could provide those numbers if they were asked for them.  I'm sure there were increases throughout, but my guess is there was never any sudden jump out of nowhere.  I can say that he was an all star in high school, an all star in college, an all star in the minor leagues,  and an all star from day 1 in the major leagues.  It's not like he blew up out of nowhere or his production suddenly spiked.  He has been an all star at every level.

[LON]

I'm more convinced Pujols has cheated on his birth certificate rather than using PEDs.

[MerrittsMustache]

I'm more convinced Pujols has cheated on his birth certificate rather than using PEDs.

Pujols was born in 1977 but the courier kept the birth certificate on his desk for 3 years before sending it to the courthouse. Therefore, Pujols is only 32.

[Spotcheck Billy]

I think it would be an improvement if future appeals are heard by a panel made up completely of third party arbitrators instead of Das being under pressure to decide every case on his own.

[MarsupialMadness]

Braun also explained how players are weighed several times each week, record times running the bases regularly and he has never gained 1 pound or been 0.1 second faster, what benefit of PEDs is he displaying then if he's been dirty?

Sustained performance through a long season?  Not feeling the affects of fatigue? 

Just guesses.  But the point isn't what benefits it gave him, if any, because no matter what statistics you want to look at, it can almost always arguably go back to PEDs in one mind or the other.

[dwaderoy2004]

http://espn.go.com/espn/otl/story/_/page/OTL-Ryan-Braun/ryan-braun-defense-raises-more-questions-doping-experts

Still don't know how braun pulled it off...

[Hards Alumni]

A question I have is why wasn't the sample split in two and two separate people courier to two different testing facilities.  Cycling does this... why not MLB?

[Brecht]

Obviously most of the people on this blog have never been wrongly accused of charged of something.  The stark reality is people still draw their conclusions, and believe they are experts on the matter because they read something on the matter, viewed or heard "details".  Fact is you have no clue what went on.  Just 'cause Buster Onley of the most reliable news network ever(of course i'm being sarcastic) reported it doesn't make it so.  All journalism, especially today, is absolutely not nonbiased!

[NavinRJohnson]

Still don't know how braun pulled it off...

A documented, undisputed breech in protocol in collecting/handling the samples...whether they could prove the sample was tainted, tampered with or not, frankly I don't know what took so long.

As Braun accurately said, the requirement on the players is 100% compliance, and guilt until proven innocent. Personally, I think it is beyond reasonable, and absolutely necessary to expect everyone else involved in the process to be held to the same standard of 100% compliance to their responsibilities. If they aren't, how can the validity of the testing proces or results be trusted? They can't.

[dwaderoy2004]

Thanks brecht. Your words really cut deep.

[dwaderoy2004]

Actually the breach in protocol is very much disputed.  Mlb policy says that the collector is responsible for protecting the samples and may store them temporarily to do so.  Read the article.  So what, exactly, did mlb do wrong?

[NavinRJohnson]

Actually the breach in protocol is very much disputed.  Read the article. 

You meathead article you linked that says this...

This much is not in dispute: Braun gave a urine sample after the Brewers' Saturday, Oct. 1 playoff game against the Arizona Diamondbacks. The sample collector did not take the sample directly to a FedEx/Kinko's location as proscribed by MLB's policy. [/u]

Nobody disputes that, and the protocol was clearly breeched, even if we take the collector at his word and he had good intentions. Worst case, that sample,  know to be that of Ryan Braun went completely untracked/undocumented for 2 days. The protocol is there for a reason. If it isn't followed it the entire process is undermined and wide open to question.

[🏀]

I'm fine that Braun got off. Actually happy for him and hope he's clean.

- Cubs fan.

[dwaderoy2004]

Usually helpful to read the whole article, chief:

Addendum A, Section V, Subsection 7 of the collective bargaining agreement states that "Absent unusual circumstances, the specimens should be sent by FedEx to the Laboratory on the same day they are collected." As well, language in the CBA states, "If the specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage." It also directs the collector to keep the "chain of custody intact" and to "store the samples in a cool and secure location."

According to sources with knowledge of Braun's case, the collector believed the FedEx/Kinko's pickup time for shipments had passed and the samples would sit at FedEx until Monday, the next business day. Because of that, he took the samples, already secured and sealed for shipping, and placed them in the basement of his home. MLB believed that decision fit with the language in the contract and should not have been grounds to toss the result."

[NavinRJohnson]

Usually helpful to read the whole article, chief:

Addendum A, Section V, Subsection 7 of the collective bargaining agreement states that "Absent unusual circumstances, the specimens should be sent by FedEx to the Laboratory on the same day they are collected." As well, language in the CBA states, "If the specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage." It also directs the collector to keep the "chain of custody intact" and to "store the samples in a cool and secure location."

According to sources with knowledge of Braun's case, the collector believed the FedEx/Kinko's pickup time for shipments had passed and the samples would sit at FedEx until Monday, the next business day. Because of that, he took the samples, already secured and sealed for shipping, and placed them in the basement of his home. MLB believed that decision fit with the language in the contract and should not have been grounds to toss the result."

"The collector believed..." "MLB believed..." I read the whole article. What I cited are the facts of what happened. What you cited is some of the CBA language, and comments  "according to sources with knowledge of Braun's case."

Did the guy sit on the samples for two days, or not? Yes he did. Again, even if he had The best of intentions, he didn't follow proceedures, nor can he prove where those samples were for two days (that's kind of why it's important that he take them immediately to FedEx where they are anonymous and tracked every step of the way.), Cheif.

Do you know those samples were in the guy's refrigerator for two days? No you don't. Nor do I, or anyone else. One person does. If it was your career, I wonder if you would be so quick to decide we should just take the guy's word for it.

[dwaderoy2004]

You said it wasn't disputed.  Mlb disputes that point and says the collector did nothing wrong.  And if this guy is so untrustworthy, why is he even trusted to take samples in the first place?

[dwaderoy2004]

The article clearly states he's allowed to take the samples home and store them.

[MUMac]

You said it wasn't disputed.  Mlb disputes that point and says the collector did nothing wrong.  And if this guy is so untrustworthy, why is he even trusted to take samples in the first place?

Apparently two FedEx locations close by were open.  That was his mistake.  Keeping it in "his basement" or a "refrigerator" is a questionable secure location.

[Hards Alumni]

The article clearly states he's allowed to take the samples home and store them.

The article clearly states that is the opinion of MLB officials.  Clearly, the independent arbitrator disagreed with the opinion of MLBs interpretation of the rule they wrote.

You are misinterpreting what the article is saying, and who is saying it.

It is extremely important to do be able to read stuff like this as a lawyer.