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
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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
lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 10:55 am
This comment has been removed.

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Since: Aug 18, 2006
Posted on: February 24, 2012 10:53 am
 

Braun wins appeal, won't be suspended

Guilty or not one thing is for sure.
If he ever comes up positive again there's not an arbitrator out there who is going to let him off the hook for anything less than some technician coming out and saying "I tainted his sample".



Since: Aug 24, 2006
Posted on: February 24, 2012 10:52 am
 

Braun wins appeal, won't be suspended

Uh...he was proven guilty. Hence the positive drug test.




Since: Aug 14, 2009
Posted on: February 24, 2012 10:49 am
 

Braun wins appeal, won't be suspended

In America, you are innocent until proven guilty. Because of the breach of contract (same day delivery of specimen), it leaves reasonable doubt as to the 100% certainity of his guilt.  Case closed.  Everything else is only speculation.



Since: Jun 25, 2010
Posted on: February 24, 2012 10:45 am
 

Braun wins appeal, won't be suspended

Nicely played lilonstitch1, clearly the Rookie with the Amateur Reputation has outdueled the overrated laserrocket1 with the questionable Superstar Reputation. Braun had his day in court and prevailed. That does not prove that he didn't use, but he has passed many tests previously and the test was mishandled by a moron that did not follow the rules and chose to take home the urine sample for the weekend, which to me, was incredibly bad judgment. MLB needs to keep its game as clean as it can and it needs tough testing - maybe even tougher than is currently in place. For those of us that love the game, we need to be able to believe that the players are playin' it clean.


lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 10:44 am
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Since: Aug 24, 2006
Posted on: February 24, 2012 10:43 am
 

Braun wins appeal, won't be suspended

He still tested positive. Lucky for him he had an incompetent collector. Cheaters being voted MVP and Bud Selig is why MLB is rated so far behind other professional sports.



lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 10:31 am
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Since: Oct 22, 2007
Posted on: February 24, 2012 10:29 am
 

Braun wins appeal, won't be suspended

The bottom line is he passed 25 tests and the one test he fails there is proof that it was tainted.



That's an interesting argument for yuou to make after bringing up David Ortiz's name. How many tests has he failed? The fact is, his name ended up on a list and no one knows what he tested positive for, nor how many times. We just know he tested positive for a banned substance. For all we know, it could have been weed. Probably not, but it could have been. At least I'm willing to accept that the team I root for was not an oasis of fair-play and clean players in an era when steroid use was rampant throughout MLB.

Oh, and there is NO PROOF the test itself was tainted. The sample was mishandled and I do agree that if it was mishandled and MLB didn't follow their own rules, then you can't ban a guy for 50 games based on that. However, you are wrong to say there is proof the test itself was tainted.


lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 10:28 am
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Post Deleted by Administrator



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