Results tagged ‘ appeal ’
Players are not happy with the Ryan braun result.
At least the ones Buster Olney has spoken to. He reports that he has spoken with dozens and dozens of ballplayers off the record in the past week, and that as many as 80-90% of them are upset at the Braun decision. They don’t like that he challenged procedure as opposed to substance, and they think it’s bad for the testing program overall, which they sincerely want to work.
I understand that. And I think it’s a good thing for drug testing in baseball overall that there are people who are upset at it. Like I said yesterday, systems are improved over time when blips and inefficiencies occur. The Braun decision may seem unjust on some level, but its lasting legacy will not be about what it means for Braun, it will be about how, when faced with a problem in the system, the league and the union can work together to address it. Which I am certain they will here, either by clarifying the collection procedures to their people in the field or by changing the Joint Drug Agreement to conform to the practices those in the field have employed and to apply them going forward.
All of that said, complaints that the Braun decision somehow puts testing at risk is silly. Braun walking on this charge is no more of a threat to the drug testing system than a guy getting off on a burglary charge because the cops didn’t get a proper search warrant is a threat to the criminal justice system. You may hate the result, but the remedy is easy: get it right next time or change the rules to make what happened in that instance acceptable. It is not something that puts the entire regime in peril.
Finally, I’ll observe that these complaints all seem a little self-righteous to me. No one who ever wins on a procedural argument themselves ever seems to have a problem with it. And I suspect that the 80-90% of the players Olney spoke with here were under the gun themselves, they would not hesitate to make the same arguments Braun did if they or their legal advisors thought to do so.
I really hope this is true., but from my own experience on the matter I see that 80-90% number as a pipe dream. I happened to be on Twitter when news of the appeal being upheld broke and every single comment I saw from dozens of MLBers was along the lines of “he’s vindicated”, “his name is cleared” or “#suckonthatdoubters”.
Every last one.
I even got into an exchange, a civil one mind you, with Gaby Sanchez of the Miami Marlins on the merits of getting off “on a technicality” in such a case. Let’s just say we “agreed to disagree” in the end.
But like I said. I really hope the players do get it. The dude’s a cheat. He was juiced up twice as much as Floyd Landis was when he had his Tour de France titled stripped away and dodged a bullet on a very, very questionable technicality.
We all know where I stand on this whole fiasco. Braun got away with one and has done nothing but cry a river about how he was a “victim” and the system was “fatally flawed” ever since his suspension was tossed out.
By all accounts, the seal on the sample was intact and the delay did not change the sample one iota. But it apparently was the game-breaker, and Braun, with his tone in his news conference, not only threw the sample custodian under the bus, but drove over him four or five times. Remember, this was somebody approved by Braun’s own union.
Well now the man who collected his samples has spoken out. And once again, Braun looks worse than he did the day before.
From Hardball Talk’s Aaron Gleeman:
On February 24th, Ryan Braun stated during his press conference that “there were a lot of things that we learned about the collector, about the collection process, about the way that the entire thing worked that made us very concerned and very suspicious about what could have actually happened.” Shortly thereafter, someone who had intimate knowledge of the facts of this case released my name to the media. I am issuing this statement to set the record straight.
I am a 1983 graduate of the University of Wisconsin and have received Master Degrees from the University of North Carolina and Loyola University of Chicago. My full-time job is the director of rehabilitation services at a health care facility. In the past, I have worked as a teacher and an athletic trainer, including performing volunteer work with Olympic athletes. I am a member of both the National Athletic Trainers’ Association and the Wisconsin Athletic Trainers’ Association.
I have been a drug collector for Comprehensive Drug Testing since 2005 and have been performing collections for Major League Baseball’s Joint Drug Prevention and Treatment Program since that time. I have performed over 600 collections for MLB and also have performed collections for other professional sports leagues. I have performed post-season collections for MLB in four separate seasons involving five different clubs.
On October 1, 2011, I collected samples from Mr. Braun and two other players. The CDT collection team for that day, in addition to me, included three chaperones and a CDT coordinator. One of the chaperones was my son, Anthony. Chaperones do not have any role in the actual collection process, but rather escort the player to the collection area.
I followed the same procedure in collecting Mr. Braun’s sample as I did in the hundreds of other samples I collected under the Program. I sealed the bottles containing Mr. Braun’s A and B samples with specially-numbered, tamper-resistant seals, and Mr. Braun signed a form certifying, among other things, that the specimens were capped and sealed in his presence and that the specimen identification numbers on the top of the form matched those on the seals.
I placed the two bottles containing Mr. Braun’s samples in a plastic bag and sealed the bag. I then placed the sealed bag in a standard cardboard Specimen Box which I also sealed with a tamper-resistant, correspondingly-numbered seal placed over the box opening. I then placed Mr. Braun’s Specimen Box, and the Specimen Boxes containing the samples of the two other players, in a Federal Express Clinic Pack. None of the sealed Specimen Boxes identified the players. I completed my collections at Miller Park at approximately 5:00 p.m. Given the lateness of the hour that I completed my collections, there was no FedEx office located within 50 miles of Miller Park that would ship packages that day or Sunday.
Therefore, the earliest that the specimens could be shipped was Monday, October 3. In that circumstance, CDT has instructed collectors since I began in 2005 that they should safeguard the samples in their homes until FedEx is able to immediately ship the sample to the laboratory, rather than having the samples sit for one day or more at a local FedEx office. The protocol has been in place since 2005 when I started with CDT and there have been other occasions when I have had to store samples in my home for at least one day, all without incident.
The FedEx Clinic Pack containing Mr. Braun’s samples never left my custody. Consistent with CDT’s instructions, I brought the FedEx Clinic Pack containing the samples to my home. Immediately upon arriving home, I placed the FedEx Clinic Pack in a Rubbermaid container in my office which is located in my basement. My basement office is sufficiently cool to store urine samples. No one other than my wife was in my home during the period in which the samples were stored. The sealed Specimen Boxes were not removed from the FedEx Clinic Pack during the entire period in which they were in my home. On Monday, October 3, I delivered the FedEx Clinic Pack containing Mr. Braun’s Specimen Box to a FedEx office for delivery to the laboratory on Tuesday, October 4. At no point did I tamper in any way with the samples. It is my understanding that the samples were received at the laboratory with all tamper-resistant seals intact.
This situation has caused great emotional distress for me and my family. I have worked hard my entire life, have performed my job duties with integrity and professionalism, and have done so with respect to this matter and all other collections in which I have participated. Neither I nor members of my family will make any further public comments on this matter. I request that members of the media, and baseball fans, whatever their views on this matter, respect our privacy. And I would like to sincerely thank my family and friends for their overwhelming support through this difficult time. Any future inquiries should be directed to my attorney Boyd Johnson of Wilmer Cutler Pickering Hale and Dorr LLP.
And just for good measure, Jeff Passan of Yahoo! Sports phoned the FedEx shipping center in question and, drum roll please…the sample would have just sat there until Monday morning anyway!