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Wow...Ryan Braun wins his appeal for testing positive for PED's

J

jeremyrbrown

Junior
Sep 4, 2008
1,546
213
63
twitters

first PED appeal ever won.

***************************

and MLB is not happy
http://www.twitlonger.com/show/g35n17

Full statement from MLB on Ryan Braun:

Major League Baseball Executive Vice President for Labor Relations Rob Manfred issued the following statement today:
“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.”
 
J

jeremyrbrown

Junior
Sep 4, 2008
1,546
213
63
twitters

first PED appeal ever won.

***************************

and MLB is not happy
http://www.twitlonger.com/show/g35n17

Full statement from MLB on Ryan Braun:

Major League Baseball Executive Vice President for Labor Relations Rob Manfred issued the following statement today:
“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.”
 
U

UpTheMiddlex3Punt

All-Conference
May 28, 2007
17,943
3,905
113
But this isn't like a guilty as sin murderer getting away with murder despite overwhelming evidence but the label on the blood sample was written in pencil instead of pen. In this case, the urine sample was everything and it wasn't handled properly. Those rules are in place to (1) prevent any kind of tampering with a sample and (2) to lend legitimacy to the process on the part of MLB. I'm not saying the guy is did not use performance enhancing drugs, but the MLB should have done their part to maintain the chain of custody (And maybe if they did the samples would have been negative) and to maintain confidentiality.
 
M

MStateFan22

Redshirt
Aug 30, 2010
664
0
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Yahoo's source says it was bagged, sealed, and boxed with Braun's signature on it with no evidence of tampering.
 
War Machine Dawg

War Machine Dawg

Redshirt
Oct 14, 2007
2,832
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Violating the chain of custody is a huge deal. So is the fact that the sample was improperly stored during the missing time period. If the facts are accurate, it was kept at room temp when it was supposed to be refrigerated. Also worth noting is that it was a neutral 3rd party who overturned the suspension.

Baseball Tonight had a good segment about it, too. Braun had all the records of his previous drug tests that he'd passed over the years. He also provided detailed info on his first-to-third times through the years and over the course of each individual season, his weight through the years and how it hadn't varied more than a few pounds, and how there had been no change in his body size. All in all, I believe him when he says he's clean. Maybe I'm naive, but all the relevant facts seem to be in his favor.
 
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MStateFan22

Redshirt
Aug 30, 2010
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MLB sounds like they want to challenge the appeal, possibly through court. We'll probably still be hearing about it midway through the season.
 
P

PineGroveBully

Redshirt
Nov 13, 2007
8,508
0
0
I'm not a Braun fan, but it's ridiculous how much racket they are making screaming about his guilt. Did he maybe get away with cheating? Maybe, but their system is so flawed that they couldn't prove it. In doing so they have taken one of the games brightest young stars, one who seemed to be a model citizen, and permantly stained him with a scarlet letter that will haunt him the rest of his career and associate him with the likes of Bonds, Sosa, McGwire, Palmerio, Brady Anderson, etc.. Fedex stores don't decide they are going to be open 4-5 hours one day, 8 the next, then may or may not be open the third. Before you take a sample KNOW that you have an avenue to get it into the proper peoples possession while keeping it uncompromised, or unmolested as Dr. Jack would put it. Now MLB will pay for it at the next labor negotiations. This case and issue will be in bold writing at the top of the page, and the union will get a major concession that they never had the leverage to bargain for before. MLB will rue the day that a piss sample was put in a fridge between the mayo and baking soda.
 
T

Todd4State

Redshirt
Mar 3, 2008
17,411
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0
I think it's about MLB proving how flawed drug tests are.

I mean, it just so happens that the NL MVP fails a drug test days after he wins the award, and then right before spring training starts it just so happens that he is cleared. It also just so happens to be a player on a team that Bud Selig used to own.

MLB raked him across the coals to prove how strict they are and how "serious" they are about PEDS- and also to bring attention to my first point.

If these new and improved drug tests are flawed, wouldn't it make sense to you that the old and outdated tests would be even less accurate?

To me, this has little to do with Ryan Braun and more to do with players in the past and their legacy. Because now everybody that hasn't admitted to using steroids now has an avenue to clear their name.

And I will say this- it's BS that baseball gets ripped by the media for their players using PEDS and other sports like football don't. If the media thinks that these players are going to stop using PEDS, well, then they need to wake up. It's probably as bad as it ever has been- and I don't think it's going away. Players are going to make sure that they take things to mask it from the test.
 
lazlow

lazlow

Junior
Jul 9, 2009
1,076
381
83
said to ML Reps .....let's do the DNA pepsi challenge...right here right now.<div>
</div><div>
</div>
 
jakldawg

jakldawg

Redshirt
May 1, 2006
4,374
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36
"If that piss ain't chilled, Braun's gonna take the field."<div>
</div><div>He seems pretty adamant about his innocence, but then again, so are all the cyclists who are apparently juiced to the limits of modern chemistry.</div>
 
W

Woof Man Jack

Redshirt
Apr 20, 2006
946
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Dont forget, RB also showed how he hasnt gained any weight, gotten faster or stronger...absolutely nothing. If he did cheat with PEDs....it was a ****** effort.
 
A

AssEndDawg

Freshman
Aug 1, 2007
3,183
54
48
How in the hell do you know that improperly handling the sample doesn't change what a test will show? The problem with people like you is that you think there is some sort of Star Trek type wand that magically tells you the exact amount of testosterone in the sample. It's not that cut and dry. The testing consists of certain chemicals that react to other chemicals in the urine. These test can, and will, result in false positives if the sample is mishandled. Sunlight, air, temperature, etc. can all affect the chemical composition of a substance. (Just as an FYI, I work in a hospital system and part of my job is working with the testing machines in the lab)

There is zero chance that MLB takes this to the courts. First, they agreed to binding arbitration, that is a legal agreement that any court will uphold. Second, that opens the door for the players to take arbitration results to court whenever they want to and MLB certainly doesn't want that. They will bluster a bit because they are embarrassed but in the end they will realize this is just one guy and they will lick their wounds and move on.
 
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MStateFan22

Redshirt
Aug 30, 2010
664
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FYI I work home health and we constantly handle urine samples. I know exactly how it works. Urine sample sitting out for more than 4 hours or so is considered invalid at our local hospital. But that's not the case here since it was going to be shipped by FedEx. How many hours or days would it have taken to ship it to the lab for the lab work? So it would have been old piss anyways. But Braun and lawyers claimed that it could have been tampered with since it wasn't shipped right away. According the reports, they didn't argue the test results. Only the handling

And according to ESPN Braun failed a low tech initial drug test. The urine sample that was handled incorrectly was supposedly his 2nd piss test. So yea. MLB might try to challenge it in court.
 
A

AssEndDawg

Freshman
Aug 1, 2007
3,183
54
48
What his lawyer is arguing is immaterial. He's arguing the thing that would get his client off, and he was right. He didn't argue against the results because it would not have done him any good. Arguing the one thing that will win you the case does not in any way mean you are conceding the rest of the case, it's just smart strategy. And sorry that I diminished your home health experience. Correct me if I'm wrong, but you take the piss, put it in a cup, and send it to the lab right? You don't know ANYTHING about how the test is run, the equipment it is run on, or how the results are compiled. So maybe for a standard Urinalysis you need to get the urine in within four hours, that has nothing at all to do with a drug test. They were supposed to keep it refrigerated! That requirement wasn't put in place for ***** and giggles, it's there for a purpose.

As for the legal stuff you really have no clue. Think about what I said, if MLB ignores it's own BINDING arbitration rules and takes this one case to court then they essentially blow away the arbitration deal with the players union. They open themselves up to a number of costly lawsuits running through the courts. They are NOT going to do that because one guy got out of a piss test regardless of the circumstances. And even if they did take it to court they would lose! It's called BINDING arbitration for a reason...

I could care less if he actually took the drugs or not because it doesn't matter. His lawyer did an excellent job and he won. MLB will not pursue this further because it's not worth it. They lost, game over.
 
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MStateFan22

Redshirt
Aug 30, 2010
664
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MLB Drug prevention policy says nothing about keeping it refrigerated. Specifically says if the collector is unable to ship it immediately then he is to store it in a cool and secure location. Thats exactly what happened. He kept it in his "cool basement" and nobody was inside his home but him and his wife.
 
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