Skip to comments.Ryan Braun's 50-Game Suspension Overturned
Posted on 02/24/2012 1:44:59 AM PST by jellybean
National League MVP Ryan Braun's 50-game suspension was overturned Thursday by baseball arbitrator Shyam Das, the first time a baseball player successfully challenged a drug-related penalty in a grievance.
The decision was announced Thursday by the Major League Baseball Players Association, one day before the 28-year-old outfielder was due to report to spring training with the Milwaukee Brewers.
During the hearing, Braun's side challenged the chain of custody from the time the urine sample was collected by Comprehensive Drug Testing Inc. to when it was sent, nearly 48 hours later, to a World Anti-Doping Agency-certified laboratory in Montreal, two people familiar with the case said. They spoke on condition of anonymity because what took place in the hearing is supposed to be confidential.
The sample was collected on Oct. 1, a Saturday and the day the Brewers opened the NL playoffs. The collector did not send the sample to the laboratory until Monday, thinking it would be more secure at home than at a Federal Express office during the weekend.
Baseball's drug agreement states that "absent unusual circumstances, the specimens should be sent by FedEx to the laboratory on the same day they are collected."
(Excerpt) Read more at abcnews.go.com ...
Good news that a guy gets away with cheating?
Is that we are in this country now?
....in the glove fits, hide it in bulls***!
Sorry not buying it....chain of custody in drug testing has very firm and hard rules...which the tester should know or he's incomptent or lazy (both)?
When they started discussing the security aspects of this, and how it “sat around” before being handed to FEDEX....it brought back a Air Force episode from the mid-1980s.
We had a weather operations NCO on base who was identified for drug usage by the random tests. No one believed that she was a drug user, but the AF rule was....you get kicked out if identified by their test. She hires a lawyer and a private detective.
The private detective arrives at the base and makes his first stop at 7AM to the clinic on base....where Airman Snuffy was the only lab guy at 7AM on duty. The lab was the folks responsible for picking up the samples at the meeting point, and shipping them back to the Air Force drug testing lab.
It was a funny thing....the private detective noticed Airman Snuffy had red eyeballs and all the physical signs of smoking some weed. The private detective waited till the officer arrived....asked some questions, and then asked who could have handled the drug cups....and of course, Airman Snuffy was a person who would have the responsibility of putting these into the box to ship.
There was a short meeting then....where the NCO’s lawyer met with the Air Force Commander there, and identified the clinic airman and the circumstances identified. This would have turned into a three-ring circus because across the whole Air Force....they were all doing the same thing....so there was this agreement made up. The NCO accused in this case....had the charges dropped and all the fees incurred in the hiring of the private detective and lawyer....were paid by the Air Force. Weeks later, the clinic was relieved of all responsibility of handling the specimen cups. Everything had to be delivered by a team of at least two witnesses, to a overnight shipping point, and immediately released that day.
The blunt truth is that if allow the cups to sit around, there is always the potential for some idiot to add something to the cup or swap it with another cup. Course, I will say this....if Braun’s home-run pace drops by 50 percent this season....most everyone will say that he quit using something.
Any connection between selig and Milwaukee? Do you really think those numbers braun put up were legit?
Selig is destroying baseball and needs to go.
From the Milwuakee Journal Sentinel
Brauns positive test reportedly included insanely high levels of testosterone, by far the most ever detected in a player. He requested an independent drug test a few weeks after testing positive, which was clean, but it was not authorized nor recognized as exculpatory by MLB.
A source familiar with MLBs drug policy indicated there were only a few ways to overturn a positive test, such as proving a chain-of-custody issue, a flaw in the collection process or providing proof that the players team signed off on the substance. Otherwise, the strict liability aspect of the policy makes it extremely difficult to exonerate a player.
Apparently you didn't read the article. This is a statement from MLB executive vice president Rob Manfred:
"It has always been Major League Baseball's position that no matter who tests positive, we will exhaust all avenues in pursuit of the appropriate discipline. We have been true to that position in every instance, because baseball fans deserve nothing less," Manfred said. "As a part of our drug testing program, the commissioner's office and the players' association agreed to a neutral third-party review for instances that are under dispute. While we have always respected that process, Major League Baseball vehemently disagrees with the decision rendered today by arbitrator Shyam Das."His stats for 2011 aren't much different than any previous year.
And yes I think it’s great that an innocent man’s reputation wasn’t destroyed by some goofball mishandling a urine sample!
Really? What base? What year? Do you remember her name? I was in AF weather for 20 years and it's a very small AFSC...maybe I knew her.
Thanks for the anecdote. Everyone is ready to proclaim him guilty even though the sample was mishandled. Perhaps the reason he puts up such high numbers is because he’s an outstanding player.
If anyone needs drugs it is the fans who watch this boring sport, not the players. ;-)
I agree I just don't know which drug would work.
If it was a drug with speed in it I wouldn't hang around and watch it. I would go to the local mall and watch eye candy.
If it had downers it would put me to sleep faster than just watching the stupid game without drugs or beer.
Good News? Are you brain dead!?!
The bum gets off on a technicality! Ahh, the unions...ain't they great?
The ‘mid-80s’...are you kidding me. Ya thinks things maybe a ‘little’ more advanced 30 years later?
He’s maintained his innocence the whole time and he doesnt look like someone who has been juicing. So if he really didnt, then it is good news.
This is the right decision. There are millions of dollars and a man’s livelihood on the line, here. Having a proper handling procedure and chain-of-custody is not too much to ask.
If I were a player, I would want to see that sample taken, labeled, duplicated, blinded, packaged and in the mail. The fact that this tester actally took the sample home for 48 hours is outrageous.
Without proper handling and chain-of-custody, there is no sample. MLB should just walk away from this one, and hope they don’t get taken to the cleaners in a lawsuit.
The math on Ryan Braun is simple -
Testing positive + Getting off on a technicality = Fraud
Are you sure he cheated?
Do you want somebody to be able to come to your house, take a sample from you, leave it sitting around, unsecured in his home refrigerator for two days, and then use that compromised sample to take away everything you have?
Then you should be happy that Ryan Braun got off on this “technicality”.
I guess nobody thinks there’s a reason he has those bug-eyes.
There’s exactly ZERO evidence that the sample was tampered with, and it’s only a “technicality” in the eyes of the arbitrator inclined to find a “problem” where none exists.
It amounts to a fraud on the public and MLB is exactly correct to be totally outraged by a ridiculous decision.
Oh right, because of the conspiracy among thoroughly-vetted MLB officials to get Ryan Braun. Just like the conspiracy among the LAPD and lab officials to frame OJ.
BTW, care to explain how Ryan Braun’s test results were 5X the normal ratio?
Duh . . . logic fail. Maybe he was juicing EVERY year.
Once the sport of legends, stories, and great names and personalities, it's now a vulgar game of corporate athletes separated from the fans. In the old days you could meet your heroes because of the proximity of dugouts to the field. And our heroes were Aaron, Ernie Banks, Willie Mays..and scads of greats before that. These were wondrous fellows who made the games matter, even if your team was in the second division. Today their records lay in ruins beaten by cheaters. Baseball has very links to its past and it shows.
I loved the game more than I can tell you. Listening to Scully, Enberg, Bob Prince, Ernie Harwell, Bill King, Harry Caray.... Now the broadcasts largely consist of ex-jocks who describe nothing but what is in front of them. The poetry is gone. At the stadium prices are exorbitant, the food is terrible, the memorabilia is worthless and priced in the stratosphere, and the environment has all the flavor of a chain drugstore. Baseball has fallen in quality more than any other sport.
And don't talk to me about coming out to spring training to “sit in the sun.” The teams don't bring most of their players, wear the same color uniforms when competing, and charge hideous prices. I'll sit in my back yard and save a ton of money.
It’s not good news. It’s a tecnicality. The collector kept the sample in his fridge over the weekend and was unable to account with 100% certainty to its’ safekeeping. He broke the chain of custody and the sample became inadmissable in the eyes of the arbitrator.
Had the collector done his job and delivered the sample to FedEx Braun would be sitting for 50 games.
Drunk or sober? Tears in his beer? Loyalty was his honor.
That's what a homer says.
Lets see what Braun has to say today. I’m a huge Braun fan and he’s never shown anything throughout his career that screams PED user. This “technicality” meme is ESPN/MLB getting ready to cover its ass over what I hope would be a defamation lawsuit by Ryan Braun.
Will Carroll (well versed in PED world) on SI has been tweeting since last night (he’s in Cancun on vacation) that this is not just a broken chain but other serious questions about how easily the Braun side was able to repeat the out of wack P/E under normal conditions. As he put it its not just chain of evidence, but science. He said he has an article that will run soon so I’m waiting to hear on that also.
One other note. Braun asked/offered to give a DNA sample to compare against the urine sample and MLB refused.
So he got caught in 2011.
Strike the DNA thing its been retracted.
I guess we’re the homers :)
Dan Patrick show is bringing up some new info I guess:
Following this guy on twitter at moment:
@TSH255: On @dpshow: brought the collector in to the hearing. said it took the guy 37 seconds to state his name. Couldnt look at #Braun
@Mason3K More notes: Urine collector is a Cubs fan. Bypassed 2 open Fed Ex locations that were open. 3rd one was closed. (More)
@Mason3K He was asked to identify Braun, and couldn’t look at him.
Good lord could you imagine if this was just a disgruntled Cubs fan...? LOL
I too enjoyed baseball at one time. I lived in Atlanta and went to the Braves games when they were so bad only about 200 of us showed up for a game. It was neat to have a run of the stadium and sit anywhere you wanted to.
They acquired Bob Horner and then I lost interest in the game. Why? Horner would not play if he had a hang nail much less anything worse. He was sent to the minors when he started having some trouble hitting. He refused to go. They let him stay. That is when I quit paying my money for cry babies like him.
This is precisely why there are strict chain of custody rules. If they become compromised, the test is invalid.
I don’t want to lose my job on a compromised urine test. I don’t want to be found guilty on an 11-1 jury vote. We have systems in place to protect the individual. At least, for now.
Per Dan Patrick - Braun also took lie detector and passed.
I’m really hoping for fireworks at the PC today. I think that Braun needs to come out guns blazing as to why he’s stood beside the BS since the start.
Noon Milwaukee time being streamed on MLB.com and of course by probably every radio station here in WI :)
It’s baseball. They never wanted steroids to be against the rules in the first place.
A 50 game suspension is not taking away everything he has.
Good example... For me!
If the LAPD had used proper sample handling and Chain of Custody on OJ's blood sample, they may have convicted him. Instead, Detective Van Atter put the samples in his pocket and visited the crime scene. Later, when OJ's blood was found on the gate, the defense could point to VanAtter's actions, and suggest an alternate theory of how the blood got there.
If that sample had been handled properly, OJ's lawyers would have no plausible explanation of how the blood got there.
Given this and other stupid errors by the LAPD, the jury got it right and acquitted OJ.
It puts him in a one-strike-and-you're-out position, which would take away everything he has.
No, it would kick him out of the league, maybe, pending appeal, but he’d still get to keep everything he has.
I’ll admit I learned a lot from this thread - although getting those details from Jellybean was certainly like pulling teeth. Would have been much more useful if his initial post was more reporter and less cheerleader. But regardless, I’m now on the side that believes evidence points towards Braun being not guilty. However - what do you mean by one-strike-and-your-out? If he got hit with a 50 game ‘vacation,’ and then got caught sinning again, wouldn’t the next step be a 100-game suspension? Isn’t that what happened to Manny? And teams were still willing to take a chance on Manny, even with his diminished stats and increased mental retardation. Why would Braun be “out”?
I think there are a bunch of disgruntled Cubs fans posting on this thread!
He's been tested multiple times throughout the years. There has never been a trace of PED. You're the one whose logic has failed.
Is that we are in this country now?
No, we live in a country where a part-time sample collector can violate drug testing protocol and store urine in his unsecure, personal fridge.
It is alleged that the sample purported to be Braun's contained 3x the highest level of artifical testosterone ever recorded in the history of the MLB testing program. A second Braun urine test administered a week later under proper protocol was 100% clean.
Braun exhibited no other symptoms (physical or emotional) of an individual that had consumed enough artificial testosterone to kill small farm animals. Braun claims that he did not take the testosterone and offered to submit a DNA sample to prove that either the initial urine sample was not his or that his DNA sample - which should still have had some trace of the testosterone - was in fact clean. It should be noted that all 3 player urine samples the collector obtained that day and stored at his personal residence contained traces of the artifical testosterone.
Given this set of facts, it is just as likely that a part-time collector screwed up his attempt to tamper with Braun's sample and sell a leaked story of an MVP's failed drug test to the media.
Most of the details were in the original article from ABC -which is an AP source and can only be briefly excerpted. Per JR: All material from the Associated Press must be excerpted regardless of source (very brief excerpts).. Is it pulling teeth for you to click on the link at the top of the thread? I assumed (falsely it seems) anyone interested in the topic would have at least a passing familiarity with the controversy.
Why would Braun be out?
Braun is on pace to be in the Hall of Fame. Until he's completely exonerated, his nomination is in doubt.
I am a Braun cheerleader, btw.