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Blog Entry

Braun wins appeal, won't be suspended

Posted on: February 23, 2012 5:12 pm
Edited on: February 23, 2012 9:44 pm
 


By Matt Snyder


Brewers outfielder Ryan Braun has won his appeal and will not serve a suspension for a positive drug test late last season, CBSSports.com's Jon Heyman has confirmed. The news was first reported by the Milwaukee Journal-Sentinel. This means arbitrator Shyam Das ruled Braun was not guilty in his failed test -- which showed elevated testosterone levels.

The appeal was held in front of Major League Baseball, the MLB Players Association and Das, a third-party arbitrator. The chain of custody of the sample is where Braun won the appeal. His side argued it was improperly handled and there must have been enough evidence to convince Das.

The sample in question 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."

Major League Baseball, for one, is not happy. Here's the statement released by MLB executive vice president for labor relations Rob Manfred:

Braun wins appeal
“Major League Baseball considers the obligations of the Joint Drug Prevention and Treatment Program essential to the integrity of our game, our Clubs and all of the players who take the field. 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.

“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.”

Travis Tygart, chief executive officer of the U.S. Anti-Doping Agency, called the decision "a real gut-kick to clean athletes."

Das has been baseball's independent arbitrator since 2000 and this is the first successful drug test-related appeal.

Positive tests for performance-enhancing drugs have been relatively rare under the major league testing program, with just two others in 2011: Tampa Bay outfielder Manny Ramirez and Colorado Rockies catcher Eliezer Alfonzo. Ramirez at first retired rather than face a 100-game suspension for a second positive test. Now that he wants to play again and since he missed most of last year, he will only need to serve a 50-game penalty.

Braun has maintained his innocence since word of his positive test leaked after the Winter Meetings. Sources told CBSSports.com's Danny Knobler that when Braun found out he had tested positive for a banned substance he requested a second test, which came up negative. Braun then appealed the first failed test, and the results were supposed to stay confidential, but an ESPN report outed Braun's test on December 10 and the story has been lingering since then.

Braun, 28, won the NL MVP in 2011 when he hit .332/.397/.597 with 33 homers, 111 RBI and 109 runs for the NL Central-winning Brewers. He will join his teammates in Brewers camp Friday, as scheduled.

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Comments

Since: Oct 17, 2010
Posted on: February 24, 2012 1:26 pm
 

Braun wins appeal, won't be suspended

One thing that seems to me to be lost in all of these conversations is that PEDS whether HGH or steroids are not some sort of magic bean stalk beans. You dont just get a shot or pop a pill and presto you are transformed instantly into a bigger stronger you. Second a better definition of what PEDs are needs to be found. You say a guy takes HGH and works out harder changes his diet to a better one is cheating  but the guy who cant walk off the mound goes to the dug out and gets a shot all of a sudden comes running out of the dug out to the mound and you say his performance was not enhanced. Third this has been going on a long time from a pitcher in the late 1800's being injected with monkey testosterone to players in the 50's , 60's & 70's popping amphetimines in order to get up for games. Now I am not saying he did but how many drug tests did Hank AAron ever pass. Maybe he was a little tired and needed a pick up between double headers. Would he have been able to play without it or qwas he better because he was not as tired. The bottom line is in baseball players do not come into contact with each other so often that one person being bigger than another creating an advantage for one over the other. Last you could put KING KONG at the plate if he cant hit the curve ball he cant hit a homerun.




Since: Aug 23, 2007
Posted on: February 24, 2012 1:17 pm
 

Braun wins appeal, won't be suspended

@lionstitch:  The facts don't matter to the internet lynch mob.

Fact is, this arbitrator has been MLBs sole judge for 12 years and this is the first time an outcome has been reversed.

The brain-addled message board fanboys will never accept this ruling so it's futile to argue.



Since: Oct 22, 2007
Posted on: February 24, 2012 1:05 pm
 

Braun wins appeal, won't be suspended

Wrong Pettite admitted using HGH 



HGH, particularly in this context, is a PED. Just like with some steroids, it does have legitimate medical uses and, as a prescription drug, it is used to treat growth disorders in children and growth hormone deficiency in adults. However, it is an anabolic agent that has been used and abused by competitors in sports since the 1970s to gain a competitive advantage. Thus, it is a performance enhancing drug.

So, it is absolutely accurate and true to say Pettitte used PEDs as a Yankee. Case closed.



Since: Aug 13, 2007
Posted on: February 24, 2012 12:26 pm
 

Braun wins appeal, won't be suspended

Wrong Pettite admitted using HGH 
Oh, OK.  Undecided


lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 12:15 pm
This comment has been removed.

Post Deleted by Administrator




Since: Nov 27, 2007
Posted on: February 24, 2012 12:14 pm
 

Braun wins appeal, won't be suspended

I AM CONFUSED.  The way I see (read) it is that either Braun was not using a banned substance and the person who collected the evidence either "planted" it in the specimen or those who tested it are "lying".  If that is the case, he deserves to be exhonorated, BUT this shouldn't be over.  Someone was wrong and needs to take credit for that.  <OR>  He did use the substance which supposedly came up positive in his specimen. Despite that, he is getting off on a technicality???  Hmmm???  Can someone shed some light on the issue???


comeonabbie
Since: Feb 24, 2012
Posted on: February 24, 2012 12:14 pm
This comment has been removed.

Post Deleted by Administrator



lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 12:07 pm
This comment has been removed.

Post Deleted by Administrator




Since: Jan 9, 2012
Posted on: February 24, 2012 12:02 pm
 

Braun wins appeal, won't be suspended

Just let all pro athletes 'juice up' and they will all be on the same playing field.  After all, it's nothing more than entertainment - and quite frankly I am entertained when I see guys hitting a baseball into the fifth deck at Skydome (like Canseco did in early 2000's).  Ban enhancers for college athletes, Olympics, high school, etc...but once an athlete makes it to the "show" then let them be entertainers.  It's a new era, so quit comparing present-day athletes with past athletes.  LEGALIZE PED's!!!!!! 



Since: Oct 3, 2006
Posted on: February 24, 2012 11:54 am
 

Braun wins appeal, won't be suspended

Many normal everyday supplements can boost Testosterone. So can working out or watching an action movie. But if the test reveals extremely high levels there may be some other drug such as HGH or steroid type drug.

I don't believe these types of supplements should be illegal but the league and the union does and since these are not allowed their should be a penalty.

Further the chain of evidence appears secure and it just seams a little ridiculous that this was ruled the way it was. It must be something like the guy sent them on Saturdays with FedEx before but not this time or something. If he never sent them on Saturdays it would be his normal routine and should have been accepted.


The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com