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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: Aug 25, 2006
Posted on: February 24, 2012 9:37 am
 

Braun wins appeal, won't be suspended

drug use, more like amphetamine (sp) use, will show up in a person eyes, yes



Since: Jun 8, 2009
Posted on: February 24, 2012 9:34 am
 

Braun wins appeal, won't be suspended

As a wisconin native,  this is a huge win.  I was pretty disappointed when i first heard the news.  My first comment was "when I thought there was still a good guy left,  this crap happens". 

The only thing worse than coming back positive on a PED test would be that the world knows you have a bumpy pickle.  LMAO.  I'm sure Braun is not too proud of the fact that the world knows he's got the gift that keeps on giving....the herp

Good for him,  glad to see him back in the lineup,  the Crew's got a chance now to make the playoffs.



Since: Oct 22, 2007
Posted on: February 24, 2012 9:33 am
 

Braun wins appeal, won't be suspended

Clemens did not juice as a member of the Yankees



Really....  Undecided



Since: Aug 29, 2006
Posted on: February 24, 2012 9:30 am
 

Braun wins appeal, won't be suspended

This article shows you how to beat the test with DNA and gene therapy. If he was juicing he found a way to get out.
The fact he offered a DNA test means nothing. What I think happened was he was caught off guard with the original test. He came up positive. He had more gene therapy injections done and a system flush and says I APPEAL CHECK MY DNA. Read the article in link. MLB needs a new test. Testosterone gene injections create this hormone and does sub-hormones that increase performance and do not show up in DNA testing. Of course he offered his DNA. 


lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 9:29 am
This comment has been removed.

Post Deleted by Administrator



lilonstitch1
Since: Feb 23, 2012
Posted on: February 24, 2012 9:25 am
This comment has been removed.

Post Deleted by Administrator




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

Braun wins appeal, won't be suspended

ever look at brauns EYES last year?

they were PINNED OPEN, a very unnatural, drug induced look...

i said at the all star break to my buddy " this guy is on asomething, look at HIs EYES!



Since: Sep 5, 2008
Posted on: February 24, 2012 9:15 am
 

Braun wins appeal, won't be suspended

So the first sample was collected on 1 Oct, you say upon hearing of the results he immediately took another test.  My question is how long was it between the two tests?  And secondly, if he did take something to create this positive result, how long does it stay in your system?  I think the players association put that clause in the contract as a way out, just in case.... and here it came in handy.  I'm sure the sample was sealed, signed, dated, and there was no evidence of tampering, but because of a technicality, he gets off.  And I'm a Braun fan, always have liked him, but fair is fair.  And this crap about Mannywood, he tests positive TWICE, gets caught TWICE, and because he decided to retire last year his penalty is cut in half, hey Bud ARE YOu KIDDING ME?  He didn't decide to retire last year, with all the crap he brings with him, and his stupid contract, NO BODY WANTED HIM.  He should be banned from baseball, and at the very least he should have to serve the entire 100 game suspension.  HE GOT CAUGHT TWICE.  He's a bum and a cheater!




Since: Dec 1, 2008
Posted on: February 24, 2012 9:13 am
 

Braun wins appeal, won't be suspended

The fact that he offered to retake the test doesn't show me much.  Some of the steroids players use can be flushed out of there system within a few days.



Since: Dec 1, 2008
Posted on: February 24, 2012 9:12 am
 

Braun wins appeal, won't be suspended

After reading a couple of articles on line last night, I came on here and said that Braun was clearly using, but got off on a technicality.  After listening to ESPN Radio this morning, I might be changing my mind.  There legal analyst, Lester Munson, said that Braun offered to give a DNA test to prove if that was his urine or not, and MLB refused his offer.  Why would they do that?  Because they were afraid of there system being proven to be inaccurate and they would have to rightfully drop the suspension.  Braun offering to give a DNA sample shows me that he was not afraid of the urine he gave, he was afraid it wasn't his.  That makes me believe that he didn't use.  Of course, I would like to see this fact come out on another source to verify it is true though before I make up my mind.


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