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Blog Entry

Braun will press multiple issues and test itself

Posted on: January 7, 2012 1:20 pm
Edited on: January 24, 2012 8:49 pm
 

Ryan Braun will be coming to the Baseball Writers dinner Jan. 21 to pick up his National League MVP award. At least that’s what we hear. His position is that he did nothing wrong, and thus, has nothing to hide.

We hope that’s right. And maybe it is. Everyone should be presumed innocent. And in this case, we’re talking about a player who has been seen for a while as one of the brightest lights in the game, both on and off the field. Additionally, it shouldn’t even be known yet that he failed a test for a banned substance.

The Brewers star is the first major league player to have his confidentiality breached. So maybe he becomes the first to win a hearing and save himself the 50 games suspension (although, that part won’t be easy).

Braun certainly has expressed a lot of belief in his own innocence in the brief comments he’s made publicly, including one in which he said, “It’s BS.’’ It’s too bad that’s about all we’ve heard from Braun, as he is one of the most articulate players in the game. We will assume that he’s probably saving his best material for the hearing.

But what will he say then? Word around the game is that he will press “multiple issues,’’ including the testing process itself. That’s good. Because to win the case, he has to point out a flaw in the system.

One thing he is expected to point to is the test claim of a bizarrely high spike in testosterone, which was apparently something like three times what’s been seen before; it will likely to be argued that it must therefore be caused by testing error. Braun obviously passed all the tests before this one, and he passed a subsequent test he ordered upon learning about the failed one a couple weeks after taking the original sometime in early October when his Brewers team was just embarking on the playoffs.

No one has done it at the major league level yet, but one minor leaguer won enough benefit of doubt in a hearing to win his case. (We don’t know who that is because his confidentiality wasn’t breached.) Braun will try to become the first at a hearing that ix expected to be just after that BBWAA dinner, Jan. 23 or 24, according to Lance Allen of WTMJ-4 in Milwaukee.

It sounds like Braun may try a number of avenues here, including the possibility that a medication to combat a private medical issue is to blame, as TMZ initially reported. But while that argument could win some points with the public, that isn’t going to win the day, or the hearing.

Baseball deserves credit for giving players a chance at a hearing (unlike the NFL). But it’s still considered a “strict liability’’ situation, which means it’s up to Braun to prove he’s been somehow wronged. He’s enlisted top people (both for p.r. and legal help), and that’s a good thing because everyone deserves their day in court. Braun should get his.    

 




Category: MLB
Comments

Since: Aug 19, 2006
Posted on: January 7, 2012 2:53 pm
 

Braun will press multiple issues and test itself

Anyone who has worked in a lab would know when amounts in this quantity almost mean a lab error when its that far from the deviation.
It could be a lab error, it could be something else....I just dont think that this has been handled in the proper manner...



Since: Aug 19, 2006
Posted on: January 7, 2012 2:52 pm
 

Braun will press multiple issues and test itself

What I want to know is how they remain confidential? We're going to suspend a guy for 50 games. We never say a word to anyone
No, the confidentiality must be maintained to allow the player a chance to appeal / defend himself from allegations resulting from a test.....if the appeal is denied THEN the results can be released along with the details of the players suspension to the media.

The key here is AFTER the player is allowed to appeal and/or defend himself....Brauns name was leaked BEFORE he had the chance to appeal / defend himself from the accusation....

Seems to me MLB breached their end of the contract



Since: Aug 19, 2006
Posted on: January 7, 2012 2:48 pm
 

Braun will press multiple issues and test itself

The star is the first major league player to have his confidentiality breached
What about when Aroids name was conviently leaked from the Mitchell Report?  Or the other guys who were outed because of a lack of security with results?  Seems to me that MLB has a problem with keeping secrets....confidentiality is a joke it seems......

Isnt the drug testing part of the labor agreement....therefore arent the confidentiality provisions also part of this agreement?  If MLB breaches the labor contract by failing to fulfill their side of the bargain isnt the contract breached?? 

If that element of the contract is breached then why are the punitive parts seemingly still in place?

I am not a lawyer, but it seems that up to this point Brauns rights under the agreement have been violated....the story gets fed to the shock-headline sports media, and what if Braun is right / telling the truth and he DIDNT do anyting outside the rules...he has been unfairly thrown to the wolves without being given the proper confidentiality in the process.

I dont know what he did or didnt take, all I am saying is that it seems it is ok for MLB to break contractual procedure without penalty but a player is being pre-emptively hammered in the media.....

I do have experience in substance abuse testing, and there are very specific protocols that must be followed in order for test results to be valid.  Chain of custody, sample handling/testing, and confidentiality are all essential elements. If any of these elements are not to specs the test results and their validity are in question....







Since: Aug 22, 2006
Posted on: January 7, 2012 2:48 pm
 

Braun will press multiple issues and test itself

something is fishy here. Anyone who has worked in a lab would know when amounts in this quantity almost mean a lab error when its that far from the deviation. Im not saying he didnt take something but this lab result should definitely be thrown out



Since: Jan 15, 2008
Posted on: January 7, 2012 2:45 pm
 

Braun will press multiple issues and test itself

One a day Valtrex is now a banded substance?



Since: May 27, 2009
Posted on: January 7, 2012 2:28 pm
 

Braun will press multiple issues and test itself

I heard he was playing "Clap For The Wolfman".



Since: Jan 6, 2012
Posted on: January 7, 2012 2:22 pm
 

Braun will press multiple issues and test itself

I can't see how this will be any different than all of the other cases so far. At this point, players should be aware of what they are taking. If in fact it was a medical situation, it should have been cleared through MLB before taking such medication. Braun wanted to live up to his name (Brawn over Brain).



Since: Aug 30, 2006
Posted on: January 7, 2012 2:16 pm
 

Braun will press multiple issues and test itself

Anyone find Braun yet on the Derek Jeter Herpes Tree?



Since: May 6, 2007
Posted on: January 7, 2012 2:10 pm
 

Braun will press multiple issues and test itself

They mean confidential until after a hearing, which is only right to prevent the dreaded court of public opinion weighing without the facts. 



Since: Jan 1, 2007
Posted on: January 7, 2012 2:00 pm
 

Braun will press multiple issues and test itself

What I want to know is how they remain confidential? We're going to suspend a guy for 50 games. We never say a word to anyone, but people are supposed to expect to believe that he missed 50 games for no apparent reason what-so-ever? Suspended players can't be placed on the DL so you can't exactly cover it all up with an injury.


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