Ryan Braun Wins Appeal

[dwaderoy2004]

No.  You're wrong.  The CBA clearly 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."

Mlb is not making it up.

[Hards Alumni]

What you misunderstand is the word appropriate.  That is the word of contention.  The appropriate thing to do was to drop the sample off at any of the Fedex locations he passed on his way home.

[NavinRJohnson]

No.  You're wrong.  The CBA clearly 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

And what evidence or documentation is ther that any of that was done? There is none, besides the guy's word, which you and MLB seem to all too willing to accept, while Braun has to provide 100% indisputable evidence that he didn't do something. do you realize how absurd that is, particularly when there is legitimate question about where that sample was for 2 days.

The article clearly states that is the opinion of MLB officials.

This (for the second time)!

[ZiggysFryBoy]

Just like O.J.'s trial. When ya got the facts on your side, argue da facts. When ya got the law on your side, argue the law. When you got neither, muddy the waters. That, my friends, is Law 101.

A good lawyer knows the law, a great lawyer knows the judge (or arbitrator).

[Benny B]

A good lawyer knows the law, a great lawyer knows the judge (or arbitrator).

And a bad lawyer gets a job as baseball commissioner.

[4everwarriors]

And a bad lawyer gets a job as baseball commissioner.

What does a bad car dealer get?

[Spotcheck Billy]

No.  You're wrong.  The CBA clearly 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."

Mlb is not making it up.

it sounds like it WAS "prepared for shipment" just he didn't ship it until Monday

I wouldn't call sitting on his desk in the basement "appropriately safeguarded during temporary storage"

his son helped him collect it, who knows, he might have invited friends over to see "Braun's pee sitting on my dad's desk"

[TallTitan34]

http://www.nytimes.com/2012/02/29/sports/baseball/drug-test-collector-in-braun-case-says-he-followed-protocol.html?_r=2&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+nyt/rss/Sports+(NYT+%3E+Sports)&seid=auto&smid=tw-nytimessports

The collector followed the rules by refrigerating the sample since it couldn't be delivered right away.

Outside of Milwaukee fans, no one will believe Braun after this.

[TallTitan34]

Here is the collector's full statement:

http://www.espnmilwaukee.com/common/more.php?m=49&post_id=7037

"On February 24th, Ryan Braun stated during his press conference that "there were a lot of things that we learned about the collector, about the collection process, about the way that the entire thing worked that made us very concerned and very suspicious about what could have actually happened." Shortly thereafter, someone who had intimate knowledge of the facts of this case released my name to the media. I am issuing this statement to set the record straight.

"I am a 1983 graduate of the University of Wisconsin and have received Master Degrees from the University of North Carolina and Loyola University of Chicago. My full-time job is the director of rehabilitation services at a health care facility. In the past, I have worked as a teacher and an athletic trainer, including performing volunteer work with Olympic athletes.

"I am a member of both the National Athletic Trainers' Association and the Wisconsin Athletic Trainers' Association.

"I have been a drug collector for Comprehensive Drug Testing since 2005 and have been performing collections for Major League Baseball's Joint Drug Prevention and Treatment Program since that time. I have performed over 600 collections for MLB and also have performed collections for other professional sports leagues. I have performed post-season collections for MLB in four separate seasons involving five different clubs.

"On October 1, 2011, I collected samples from Mr. Braun and two other players. The CDT collection team for that day, in addition to me, included three chaperones and a CDT coordinator. One of the chaperones was my son, Anthony. Chaperones do not have any role in the actual collection process, but rather escort the player to the collection area.

"I followed the same procedure in collecting Mr. Braun's sample as I did in the hundreds of other samples I collected under the Program. I sealed the bottles containing Mr. Braun's A and B samples with specially-numbered, tamper-resistant seals, and Mr. Braun signed a form signifying, among other things, that the specimens were capped and sealed in his presence and that the specimen identification numbers on the top of the form matched those on the seals.

"I placed the two bottles containing Mr. Braun's samples in a plastic bag and sealed the bag. I then placed the sealed bag in a standard cardboard Specimen Box which I also sealed with a tamper-resistant, correspondingly-numbered seal placed over the box opening. I then placed Mr. Braun's Specimen Box, and the Specimen Boxes containing the samples of the two other players, in a Federal Express Clinic Pack.

"None of the sealed Specimen Boxes identified the players. I completed my collections at Miller Park at approximately 5:00 p.m. Given the lateness of the hour that I completed my collections, there was no FedEx office located within 50 miles of Miller Park that would ship packages that day or Sunday.

"Therefore, the earliest that the specimens could be shipped was Monday, October 3. In that circumstance, CDT has instructed collectors since I began in 2005 that they should safeguard the samples in their homes until FedEx is able to immediately ship the sample to the laboratory, rather than having the samples sit for one day or more at a local FedEx office. The protocol has been in place since 2005 when I started with CDT and there have been other occasions when I have had to store samples in my home for at least one day, all without incident.

"The FedEx Clinic Pack containing Mr. Braun's samples never left my custody. Consistent with CDT's instructions, I brought the FedEx Clinic Pack containing the samples to my home.

"Immediately upon arriving home, I placed the FedEx Clinic Pack in a Rubbermaid container in my office which is located in my basement. My basement office is sufficiently cool to store urine samples.

"No one other than my wife was in my home during the period in which the samples were stored. The sealed Specimen Boxes were not removed from the FedEx Clinic Pack during the entire period in which they were in my home.

"On Monday, October 3, I delivered the FedEx Clinic Pack containing Mr. Braun's Specimen Box to a FedEx office for delivery to the laboratory on Tuesday, October 4. At no point did I tamper in any way with the samples. It is my understanding that the samples were received at the laboratory with all tamper-resistant seals intact.

"This situation has caused great emotional distress for me and my family. I have worked hard my entire life, have performed my job duties with integrity and professionalism, and have done so with respect to this matter and all other collections in which I have participated.

"Neither I nor members of my family will make any further public comments on this matter. I request that members of the media, and baseball fans, whatever their views on this matter, respect our privacy. And I would like to sincerely thank my family and friends for their overwhelming support through this difficult time. Any future inquiries should be directed to my attorney Boyd Johnson of Wilmer Cutler Pickering Hale and Dorr LLP."

[TallTitan34]

The samples were in a sealed cup, then sealed in a bag, then placed in a sealed box.

The chain of custody was never broken.

[GGGG]

it sounds like it WAS "prepared for shipment" just he didn't ship it until Monday

I wouldn't call sitting on his desk in the basement "appropriately safeguarded during temporary storage"

his son helped him collect it, who knows, he might have invited friends over to see "Braun's pee sitting on my dad's desk"

Look, I'm a Brewer fan, but cmon...  It's amazing to me the mental hoops that people will jump through, no matter how much of a reach it is, to justify their fandom.  He did it.  He wasn't set up.

[wadesworld]

http://www.nytimes.com/2012/02/29/sports/baseball/drug-test-collector-in-braun-case-says-he-followed-protocol.html?_r=2&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+nyt/rss/Sports+(NYT+%3E+Sports)&seid=auto&smid=tw-nytimessports

The collector followed the rules by refrigerating the sample since it couldn't be delivered right away.

Outside of Milwaukee fans, no one will believe Braun after this.

So we should take the collector at his word but not Braun at his word?  We know that the collector is telling the truth, but we don't know that Braun is (or even know he is lying)?  OK, fair enough.  Seems like a double standard to me, though.

The samples were in a sealed cup, then sealed in a bag, then placed in a sealed box.

The chain of custody was never broken.

Based on the fact that there has NEVER been an appeal overturned in the history of MLB drug testing before, I'm guessing he did NOT, in fact, follow the rules.  I don't think the independent arbitrator would have ruled in favor of Braun if everything was correctly carried out.  If the chain of custody was never broken, then everyone's lying and they really overturned it based on the science, which Braun's camp never argued (because there's no way to prove that).  But maybe there's just a conspiracy because Braun plays for the Brewers and Bud used to own the Brewers, yet Bud and the MLB "vehemently disagree" with the decision.

[reinko]

The samples were in a sealed cup, then sealed in a bag, then placed in a sealed box.

The chain of custody was never broken.

You have cracked the case Gumshoe!  For your next task...you will need to locate

[TallTitan34]

So we should take the collector at his word but not Braun at his word?  We know that the collector is telling the truth, but we don't know that Braun is (or even know he is lying)?  OK, fair enough.  Seems like a double standard to me, though.

The collector also has the evidence of a sample with THREE unbroken seals.

[MerrittsMustache]

Outside of Milwaukee fans, no one will believe Braun after this.

Outside of Milwaukee fans, no one believes Braun as it is.

[Spotcheck Billy]

Here is the collector's full statement:

"I completed my collections at Miller Park at approximately 5:00 p.m. Given the lateness of the hour that I completed my collections, there was no FedEx office located within 50 miles of Miller Park that would ship packages that day or Sunday.

nm, my mistake

[copious1218]

I think he doesn't know crap about FedEx or he's lying to cover his lazy butt. I work in logistics and know FedEx could have delivered that the next day (Saturday). It wouldn't have sat unless he just dropped it into a drop box instead of going to FedEx or at a FedEx office location(formerly called Kinko's).

you can just go to FedEx.com and get transit times to Canada using a Friday date for shipping, with FedEx International Priority service it would have been there Saturday.

Except that the test was collected at 5pm on SATURDAY, Oct. 1. Not Friday.

[dwaderoy2004]

The sample was collected on a Saturday.  So unless the collector has a time machine, the ability to ship it on a friday is irrelevant.  Good to know if I ever need to ship anything overnight to Canada though, so thanks.

[wadesworld]

Except that the test was collected at 5pm on SATURDAY, Oct. 1. Not Friday.

That is correct.  My biggest question is this.  The sample was taken before Game 1 of the NLDS.  Game 1 began at 2:00 PM.  Meaning he had to have taken the sample well before 2:00 PM, as I'm guessing they weren't taking the sample during the National Anthem.  He states that Braun signed to say that he saw the collector seal everything.  Which means the collection process had to have been done well before 2:00 PM.  Why is he claiming the collection process was completed at approximately 5:00 PM?

[TallTitan34]

How do you know they didnt take it after the game?  In the NCAA tournament, players take drug tests after the game.

[wadesworld]

How do you know they didnt take it after the game?  In the NCAA tournament, players take drug tests after the game.

Thought I read that somewhere.  Maybe I'm misremembering it.  But what, so the game is scheduled to start at 2:00 PM.  If I remember correctly (I was at the game), first pitch was at 2:07 PM.  So they got an MLB Playoff game in, with all of the postgame interviews, etc. etc., and then had time to get a drug test collected within 3 hours?  Sounds fishy to me...

[Lennys Tap]

So we should take the collector at his word but not Braun at his word?  We know that the collector is telling the truth, but we don't know that Braun is (or even know he is lying)?  OK, fair enough.  Seems like a double standard to me, though.

Well, yes. The collector (or an eyewitness, lab technican, arresting officer, etc) has no horse in the race. What's their motivation to lie? To be exposed as such and have their lives ruined? Braun, on the other hand, has nothing to lose and everything to gain by maintaining his innocence. Vigorous denial is the one thing everyone testing positive for PEDs seems to have in common.

[wadesworld]

Well, yes. The collector (or an eyewitness, lab technican, arresting officer, etc) has no horse in the race. What's their motivation to lie? To be exposed as such and have their lives ruined? Braun, on the other hand, has nothing to lose and everything to gain by maintaining his innocence. Vigorous denial is the one thing everyone testing positive for PEDs seems to have in common.

He didn't lie before any of this came out.  The statement was released after it was known that the chain of custody was broken.  So he definitely has motivation to lie to save face.  What, should he come out and say "Yes, I tampered with the specimen?"

[copious1218]

Thought I read that somewhere.  Maybe I'm misremembering it.  But what, so the game is scheduled to start at 2:00 PM.  If I remember correctly (I was at the game), first pitch was at 2:07 PM.  So they got an MLB Playoff game in, with all of the postgame interviews, etc. etc., and then had time to get a drug test collected within 3 hours?  Sounds fishy to me...

His release says he "completed his collections around 5pm".

[wadesworld]

His release says he "completed his collections around 5pm".

Yes.  So the game started at 2:07 PM.  The game lasted 2 hours and 44 minutes.  The last out was recorded at 4:51 PM.  You don't think the team was on the field and in the dugout for 9 minutes?  The players would have to do all of their post game interviews, celebrate with their teammates (a 4-1 Game 1 victory), pack up all of their things in the dugout, walk to the clubhouse, 3 players would have had to go pee in 2 cups, watch the collector seal everything up correctly, sign that everything was done correctly, etc. on 3 separate occasions (the 1 collector collected the samples from all 3 players himself) in 9 minutes.  It just doesn't add up.

http://espn.go.com/mlb/boxscore?gameId=311001108