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Don't believe Braun now? Sorry, can't help you

Posted on: February 23, 2012 6:31 pm
 
So you still don't believe Ryan Braun?

Sorry, I can't help you.

So you're now claiming that the process is rigged, or that baseball didn't really want Braun suspended?

Sorry, can't help you.

Go ahead and tell me that it's "corrupt," as one Twitter follower wrote after Thursday's decision was announced in Braun's favor. Go ahead and call him a "coward," as another tweeter said.

Sorry, can't help you, because in that case you're not interested in justice.

And as for the idea that one not-guilty verdict taints other positive tests, seriously? When one criminal trial ends with not-guilty, do we empty the jails because every other conviction must be wrong, too?

If baseball or any other sport is going to have a drug-testing system, there needs to be a way for a player to appeal a positive test. If there's going to be an appeal process, it needs to be fair enough that if the player makes a legitimate case that the test was flawed, he gets off.

Ryan Braun's people made that case, and an independent arbitrator agreed with them, with his vote swinging a 2-to-1 decision on a three-man panel that also included a representative from the commissioner's office and one from the players' union.

That's an independent arbitrator, independent enough that MLB quickly issued a statement saying it "vehemently disagrees" with the decision.

Braun's people made the case that the chain of custody was a problem, that the sample wasn't sent for 48 hours after Braun took the test. They made the case with the help, no doubt, from an abnormally-spiked testosterone level in the test in question, and in a clean test that Braun took after the first result came back positive.

It's a tough case to prove, and that's why when the news of Braun's failed test first surfaced in December, the strong assumption was that his appeal had little chance of success. No one had ever successfully overturned a suspension before.

But if there never was going to be a first one to succeed, why have the appeal process at all? And if you're not going to have an appeal process, well, you explain to me how that's fair.

What's unfair right now is that news of the Braun positive test got out in the first place, and that it unfairly taints his reputation. You see now why the players insisted on confidentiality, with a suspension only announced after the appeal process was complete.

In all cases before this one, the news never did get out before the appeal.

So how should we look at Ryan Braun now?

With sympathy, I'd say. A flawed test is useless as proof of anything, so unless he fails a test where there is no question about the method or the chain of custody, he's as innocent as any other player in the game today.

Does this mean that MLB is clean? No. Does it mean that MLB won't take on its biggest stars? Definitely not.

Does it mean that Ryan Braun is absolutely clean? There's absolutely no way to know that, just as there's no way to know it with certainty about any player.

But with this verdict, he gets as much the benefit of the doubt as anyone else.

So what does this mean, then?

It means that the system works.

If you can't accept an independent arbitrator ruling in Braun's favor, then what exactly would you accept?

If the answer is nothing, then I go back to the start.

Sorry, can't help you.

Category: MLB
Comments

Since: Jan 29, 2007
Posted on: February 24, 2012 12:43 pm
 

Don't believe Braun now? Sorry, can't help you

Just happy to know that the trolls are alive and well here on CBS.  It doesn't matter who the player was, if this happened to anyone, the majority of the sports geniuses on the boards would have been sure of his guilt.  Congrats to Brauny on his win in the appeal and here's hoping for another great season.  Baseball is better off for it.
Not many trolls, but a lot of people expressing their opinions. Question for you; do you think Braun is innocent of the charge??



Since: Dec 1, 2009
Posted on: February 24, 2012 12:41 pm
 

Don't believe Braun now? Sorry, can't help you

kmplam, alas, I'm certain that your disappointment is not only real, but deeply felt. No witches are to be burned today?! Why, you and the other Salemites might as well not even have gotten out of bed this morning.



Since: May 31, 2010
Posted on: February 24, 2012 12:38 pm
 

Don't believe Braun now? Sorry, can't help you

I can accept the ruling but Knobler needs to back off the suggestion that the independent arbitrator is infallible.  I might add that this ruling has nothing to do with whether Braun is "innocent" as Knobler also suggests, just that the independent arbitrator determined that the test procedure was flawed, so he cannot be suspended as a result.  I have no idea whether Braun broke any rules here, but Knobler is out of line to tell us that we can't say there was no justice here because the arbitrator ruled.  Plenty of unjust rulings occur every day.  




Since: Dec 1, 2009
Posted on: February 24, 2012 12:37 pm
 

Don't believe Braun now? Sorry, can't help you

BlueDevil22, the failure to establish chain-of-custody is anything but a mere technicality. Tell me, would you except into evidence testimony from a so-called witness which was presented in the form of an anonymous tape recording? (God help you if you would, because I won't be saying any prayers for you.) The reason that such so-called evidence is inadmissable in court is that a person is entitled to confront his accusers. (It's in the Constitution.) Else, we might just as well dispense with a trial and accept whatever claims that the State makes on their face. Well, sir, c-of-c issues present the same damn problem; there's no one who can swear that the so-called evidence wasn't contaminated or even substituted. Therefore, it's entirely unreasonable to accept it as evidence. They might as well have found it in the middle of Times Square after a New Year's Eve celebration.



Since: Jan 6, 2008
Posted on: February 24, 2012 12:35 pm
 

Don't believe Braun now? Sorry, can't help you

It seems that Braun's people didn't contest the positive test, what they contested was that the procedure for getting the sample from the ballpark to the lab, which they are calling "incorrect"- and the arbitrator agrreed with them on that. Now- what we are being told, is that the courrier did follow procedure. FedEx was closed that day and the sample was stored, as has been policy in the past, with the courrier. After the sample was receieved at the lab, the sample still had the seal on it, and it had 5x the amount of testosterone a "normal" male has, which was the positive test.

Braun's people won the arbitration on a technicality about procedure, a "loop-hole" if you will; but what seems to be at the truth of the matter, is that Braun tested positive for elevated levels of testosterone. It is the same thing as someone committing a crime, but not getting prosecuted because they were not read their Miranda rights; even though they were read their Miranda rights, this is according to MLB policy, so we are being told.

It is ugly and a shame. If that is MLB's policy, all samples, posive and negetive- that were held over the weekend, like this, should be thrown out or up held. Where does it end?


I wasn't too impressed with the article here, disappointed is pretty much how I felt after reading it.  



Since: Apr 26, 2007
Posted on: February 24, 2012 12:33 pm
 

Don't believe Braun now? Sorry, can't help you

Just happy to know that the trolls are alive and well here on CBS.  It doesn't matter who the player was, if this happened to anyone, the majority of the sports geniuses on the boards would have been sure of his guilt.  Congrats to Brauny on his win in the appeal and here's hoping for another great season.  Baseball is better off for it.



Since: Mar 5, 2010
Posted on: February 24, 2012 12:31 pm
 

Don't believe Braun now? Sorry, can't help you

J-E-T-S 5. You also are not using the correct wording. Not being convicted or an order upheld in a court or by arbitrators makes you "not guilty". Being "not guilty" isn't the same as being "innocent". This has been often distinguished by officers of the court.

Innocence means that you didn't do the act.

Not guilty means you weren't found guilty in a court, hearing, or appeal.



Since: Jan 29, 2007
Posted on: February 24, 2012 12:30 pm
 

Don't believe Braun now? Sorry, can't help you

Thank God that you people that crucify a man that went through the system and proved his innocence are not real Judges in a court of law.  we would have no citizens left because you would incarerate evryone that is charged with anthing before due process.  WOW!
This does NOT prove him innocent. WOW!!



Since: May 6, 2011
Posted on: February 24, 2012 12:29 pm
 

Don't believe Braun now? Sorry, can't help you

Form everything I heard he got off on a technicality not because he passed the test. He failed the first test and the subsequent sample sat around too long and because of that the arbitrator had to agree with Braun. You are a fool if you think that he did not have elevated Testosterone in his system but that does not necessarily indicate he was taking steroids. Maybe he had a prescription to boost his tester one for having a low libido, oh wait it was synthetic testerone. Synthetic Testosterone is only used for one thing. But I agree wit the American way and he was exonerated. l He failed the test but there are rules and regulations to follow and MLB dropped the ball so Ryan gets a free pass. But people are right, don’t taint him just yet, but don’t defend him either. Only time will tell because I guarantee if he was putting anything in his body that enhanced his abilities then he will not be doing it anymore because I’m sure MLB will be testing him every two weeks now like a crusade. So if his power numbers drop dramatically this season then we will know he is a cheater and a liar. If his numbers stay relevantly the same and he passes any subsequent drug tests then everyone should apologize leave him alone. Time will tell, so I am going to reserve judgment until after the season.   





Since: Mar 5, 2010
Posted on: February 24, 2012 12:29 pm
 

Don't believe Braun now? Sorry, can't help you

J-E-T-S 5. Learn your history and do some research. All of the people that I mentioned, at the time that everyone knew that they committed their acts, they were not if ever convicted of what everyone knew they did.

Al Capone was never convicted of his activities as a crime boss. He was convicted of tax evasion.

Ted Bundy was convicted of only a few murders even though everyone knew he did many many many more.

Tricky Dicky wasn't convicted or impeached like many make the mistake of thinking.

OJ, well you got that one right.


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