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
lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 10:03 am
This comment has been removed.

Post Deleted by Administrator




Since: Nov 8, 2011
Posted on: February 24, 2012 10:02 am
 

Braun wins appeal, won't be suspended

Thank you Bud Selig .... FROM ALL .... Of Brewer Nation !!!!



Since: Aug 25, 2006
Posted on: February 24, 2012 10:02 am
 

Braun wins appeal, won't be suspended

lilonstich is a troll

he just signed up YESTERDAY



Since: Mar 2, 2008
Posted on: February 24, 2012 10:01 am
 

Braun wins appeal, won't be suspended

I do have to agree about the technicality being valid, you cannot have testers lazying about with these things when the program makes them literally obligated to get it their for testing/security within a day.  That is the agreed upon protocols set, allowing doubt through pure negligence simply ruins the situation.  This is just beautiful fail.  If people don't follow the set guidlines for these tests, then you can just outright stop testing players.  Protocols are followed when it comes to living fluids for accuracy of the data.


lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 10:01 am
This comment has been removed.

Post Deleted by Administrator




Since: Aug 25, 2006
Posted on: February 24, 2012 9:59 am
 

Braun wins appeal, won't be suspended

ilionstictch

why do you call everyone idiot?

cant we have an opinion  different than yours without being called names?



Since: Aug 25, 2006
Posted on: February 24, 2012 9:58 am
 

Braun wins appeal, won't be suspended

POP-EYED

i like that...

i always called him PIN EYED..like PINNED OPEN UNNATURALLY

glad im not the only one who noticed this about the cheater


lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 9:58 am
This comment has been removed.

Post Deleted by Administrator




Since: Aug 17, 2006
Posted on: February 24, 2012 9:57 am
 

Braun wins appeal, won't be suspended

Shame to the leaker who leaked the results of this test.    Shame on ESPN for reporting it.    Egg is on your face.

Having said  that there are still questions.  how long between the Oct 1 test and the 2nd test?     Was the problem really the chain of custody only?   That sounds like a loop hole especially when the time to clean PED's out of the system is a month or two. 


Last the Orioles had more PED users caught than any other team and have not had a winning season since 1998.   Either PED's are not that effective of the Orioles are just dumb enough to have players that are dumb enough to get caught more.     



Since: Oct 22, 2007
Posted on: February 24, 2012 9:56 am
 

Braun wins appeal, won't be suspended

lilonstitch, keep on believing whatever makes you feel better. If you want to believe your Yankees have been clean all along, as absurd of a belief as it is, it's your prerogative and doesn't affect me any. Still, no matter how fervently and passionately you believe that, it doesn't make it true.


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