Braun tests postitive for PEDs

[G&T]

From reading the procedures posted earlier (link), here are the sections that were probably at issue:

 

The Collector shall check the “FedEx” box in the section entitled “Specimen Bottles(s) Released to:” Absent unusual circumstances, the specimens should be sent by FedEx to the Laboratory on the same day they are collected.

(page 37)

 

If shipping on Friday, the Collector must check Saturday delivery under “Special Handling”.

(page 38) This was on Saturday I think.

 

If the specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage.

1. The Collector must keep the chain of custody intact.

2. The Collector must store the samples in a cool and secure location.

(page 39)

 

I suspect that the collector assumed that the last section covered him. But I think there are places at each park to store samples which would not break COC. He took them home.

[PorkChopExpress]

I understand what the rules of the procedure are and why they exist...and I repeat, MLB can't suspend him if they didn't follow their own rules.

 

All I'm trying to say is that there's every reason for an outside observer to judge him as a juicer.

 

No there's not. What reasons are you aware of? That the sample tested positive for PED's? Due to improper handling, those test results may have been wrong. Braun has said as much this entire time. According to the legal analyst on Mike and Mike this morning, Braun offered to do a DNA test to prove that the sample wasn't even his, but MLB refused. There's no reason for an outside observer to make any kind of judgment except for an uneducated one, which leads to the lynching-type result I'm seeing in this thread. So many people have already determined he is a juicer based on nothing but speculation and the fact that he performed well in his sport. I would think he has a huge libel/slander claim against whoever leaked the test results.

[clyons]

Sorry, but an independent arbitrator found him not guilty.

 

Technically, "Guilty" or "Not Guilty" are criminal law concepts determined by a "reasonable doubt" standard that have NOTHING to do with what was determined by baseball's labor relations arb panel.

 

Legal semantics aside, getting off on a procedural technality (like improper chain of custody) is a far cry from the exhoneration he will spin it to be.

 

Edit: The technicality also makes it unfair to condemn him as a definite juicer.

Edited February 24, 2012 by PlaySumFnJurny

[ptatc]

No there's not. What reasons are you aware of? That the sample tested positive for PED's? Due to improper handling, those test results may have been wrong. Braun has said as much this entire time. According to the legal analyst on Mike and Mike this morning, Braun offered to do a DNA test to prove that the sample wasn't even his, but MLB refused. There's no reason for an outside observer to make any kind of judgment except for an uneducated one, which leads to the lynching-type result I'm seeing in this thread. So many people have already determined he is a juicer based on nothing but speculation and the fact that he performed well in his sport. I would think he has a huge libel/slander claim against whoever leaked the test results.

Jack Burton here is wrong on so many levels. The "may have been wrong" is the key. The T/E levels that were found in the urine could not have been made by someone who wasn't taking PEDs. The only way practical way to taint this is to have someone else take PEDs and substitute the sample. Braun's lawyers knows this and this is wwhy they came up with the "I'll take a DNA test" idea. They also know that if MLB called their bluff that the union would step in and prevent this and a massive legeal battle would start. Which neither side wants. It would also start a precedent for every player to use the "DNA" defense. MLB will just need to suck it up on this one because their agent screwed up the procedure. I'm sure they are hoping that Braun got scared enough and he'll clean himself up.

Edited February 24, 2012 by ptatc

[Harry Chappas]

The first thing I thought of was I heard this was that an over the top cub fan tainted the sample.

[ptatc]

Yup. Innocent until proven guilty. Welcome to the greatest county in the world.

Yes but he lost alot in the civil trial that only required a preponderence of evidence. So much so that he had to break into a persons hotel room and kidnap them to get memorabilia back to raise money. This evetually landed him in jail like he deserved.

 

Hopefully, Braun learned from this experience and doesn't try them for the playoffs again.

[southsider2k5]

Victor Conte ‏ @VictorConte

The test collector watched Braun pee in the container and it was sealed. Both A & B tested positive for testosterone plus CIR confirmation.

[PorkChopExpress]

Jack Burton here is wrong on so many levels. The "may have been wrong" is the key. The T/E levels that were found in the urine could not have been made by someone who wasn't taking PEDs. The only way practical way to taint this is to have someone else take PEDs and substitute the sample. Braun's lawyers knows this and this is wwhy they came up with the "I'll take a DNA test" idea. They also know that if MLB called their bluff that the union would step in and prevent this and a massive legeal battle would start. Which neither side wants. It would also start a precedent for every player to use the "DNA" defense. MLB will just need to suck it up on this one because their agent screwed up the procedure. I'm sure they are hoping that Braun got scared enough and he'll clean himself up.

 

So there's at least one way to taint it. And there's an unexplained 44 hour gap that the sample was held by someone who could taint it despite his having the opportunity to ship the sample at anytime after having taken it. In Braun's press conference, he just said that they consulted scientists who said a determined person could easily taint the sample. Despite some sources saying that his elevated testosterone ratio was not unusual, the fact that his test results showed his testosterone-to-epitestosterone ratio was three times higher than any result in the history of baseball's program certainly raises suspicion. Add that to the fact that Braun showed no physical side effects of use, i.e., enhanced performance, based on records kept by the Brewers apart from this situation, and that he has been consistently good his whole career while not ever testing positive the other 25 times he's been tested, and I certainly cannot make the judgment that he is obviously a juicer.

[iamshack]

So there's at least one way to taint it. And there's an unexplained 44 hour gap that the sample was held by someone who could taint it despite his having the opportunity to ship the sample at anytime after having taken it. In Braun's press conference, he just said that they consulted scientists who said a determined person could easily taint the sample. Despite some sources saying that his elevated testosterone ratio was not unusual, the fact that his test results showed his testosterone-to-epitestosterone ratio was three times higher than any result in the history of baseball's program certainly raises suspicion. Add that to the fact that Braun showed no physical side effects of use, i.e., enhanced performance, based on records kept by the Brewers apart from this situation, and that he has been consistently good his whole career while not ever testing positive the other 25 times he's been tested, and I certainly cannot make the judgment that he is obviously a juicer.

He just doesn't fit the profile whatsoever.

 

It just does not pass the smell test that he would do this...

 

Again, call me naive.

[Balta1701]

Victor Conte ‏ @VictorConte

The test collector watched Braun pee in the container and it was sealed. Both A & B tested positive for testosterone plus CIR confirmation.

This will of course be ignored by his defenders.

[Balta1701]

He just doesn't fit the profile whatsoever.

How so?

[flavum]

If he's lying, he's a good liar. He seemed pretty convincing today.

 

It sounds like he's throwing the "pee guy" under the bus and blaming him for taking it home for 44 hours.

 

Look, he may have cheated, but if there was a breach in the process, then he shouldn't be suspended.

 

I'll wipe the slate clean with Braun, but it's another reminder to players:

 

- don't cheat

- clear everything you put in your body with the team

- don't gain 15 pounds of muscle in an offseason

- don't hit 45+ homers every year.

- don't have your best years in your mid-30's

- don't be great after age 37

- and most important...don't get caught!

[GoSox05]

@TJQuinnESPN

 

Braun claim his 20-1 t/e ratio was 3X highest ever recorded: according to experts, have recorded as high as 70-1, and 20-1 not unusual.

 

[Balta1701]

If he's lying, he's a good liar. He seemed pretty convincing today.

[southsider2k5]

He just doesn't fit the profile whatsoever.

 

It just does not pass the smell test that he would do this...

 

Again, call me naive.

 

What a coincidence, because he didn't pass the piss test either.

[Steve9347]

Game, set, match, and f*** baseball. They continue to handle everything in the worst possible way.

 

Listen, the events got screwed up and rendered the suspension null. This does not exonerate Braun from guilt of using and testing positive, and anyone with a brain should see that.

 

MLB should have said "the case went to an arbiter as we collectively bargained, and the arbiter declared Braun eligible to play. This does not mean he did not fail a drug test, but we stand by the decision based on the agreement set forth".

 

None of this being furious bulls*** and threatening to appeal the decision in Federal Court. MLB seems incapable of letting stories go away.

[ptatc]

So there's at least one way to taint it. And there's an unexplained 44 hour gap that the sample was held by someone who could taint it despite his having the opportunity to ship the sample at anytime after having taken it. In Braun's press conference, he just said that they consulted scientists who said a determined person could easily taint the sample. Despite some sources saying that his elevated testosterone ratio was not unusual, the fact that his test results showed his testosterone-to-epitestosterone ratio was three times higher than any result in the history of baseball's program certainly raises suspicion. Add that to the fact that Braun showed no physical side effects of use, i.e., enhanced performance, based on records kept by the Brewers apart from this situation, and that he has been consistently good his whole career while not ever testing positive the other 25 times he's been tested, and I certainly cannot make the judgment that he is obviously a juicer.

Of course it's possible. It's always possible. You could make this argruement for every single drug test ever done. Braun could have paid of the sample collector and they used someone else's urine. Maybe Braun's agent stopped the collector after the sample and paid the guy to keep it at home overnight so there would be this technicality and the guy still did his job. I've had reporters offer me lots of things to get info from training rooms so don't think that these things don't happen when there is this much money involved.

 

You can always find a way to make excuses. The facts are that the sample tested positive. The procedure was followed except the collector kept the sample in his house, which he felt was secure over the weekend. Very few postive tests are ever over turned regardless of the sport. If the decision is overturned it's always on a procedural technicality. You can draw your on conclusion if you think that was his sample.

[Balta1701]

What a coincidence, because he didn't pass the piss test either.

Hi-O! (/rimshot)

[ptatc]

Game, set, match, and f*** baseball. They continue to handle everything in the worst possible way.

 

Listen, the events got screwed up and rendered the suspension null. This does not exonerate Braun from guilt of using and testing positive, and anyone with a brain should see that.

 

MLB should have said "the case went to an arbiter as we collectively bargained, and the arbiter declared Braun eligible to play. This does not mean he did not fail a drug test, but we stand by the decision based on the agreement set forth".

 

None of this being furious bulls*** and threatening to appeal the decision in Federal Court. MLB seems incapable of letting stories go away.

The reason they won't let it go away is that most sports use a seaparate company to handle everything. MLB though they could create their own porcedures and could do it just as well. They don't want to admit that their procedures were declared the reason that Braun is getting off the hook.

[Steve9347]

He just doesn't fit the profile whatsoever.

 

It just does not pass the smell test that he would do this...

 

Again, call me naive.

Hi, Naive.

 

I'm reality.

 

http://sports.espn.go.com/mlb/news/story?id=3153646

 

There is no "profile" of a PED abuser. They come in all shapes, sizes, and colors.

[Wanne]

ok...I havent' followed this story very closely. Was it just because of a high testosterone count or was there a substance that was identified in his system?

[Soxbadger]

None of this matters. The procedure wasnt followed, the test results are moot. We can all speculate as to whether there was actual tampering or not, but it really doesnt matter.

 

If you believe that he is guilty, I doubt any of this will change your mind.

[Balta1701]

None of this matters. The procedure wasnt followed, the test results are moot. We can all speculate as to whether there was actual tampering or not, but it really doesnt matter.

 

If you believe that he is guilty, I doubt any of this will change your mind.

Of course not, because there's no obvious reason to believe tampering happened.

[Soxbadger]

Because Braun didnt need to prove tampering.

 

He only needed to prove that MLB screwed up and therefore the test was invalid. No reason to go beyond when its unnecessary.

 

That's why its entirely speculation. If this was a case where not only did Braun have to show "improper protocol" but he also had to show that he was "likely to prevail on the merits" it would be an entirely different scenario. But its like the "fruit of the poisonous tree" in criminal law, once it was improperly handled, all of the evidence is no longer reliable.

 

There are ways to prevent this, but MLB just does not have a policy to protect against errors. (IE MLB could require every stadium to have a facility to store specimens indefinitely, that way there would have been another sample that had not been improperly handled to test against.)

 

Simply put, MLB's own laziness lack of control caused this problem. If they are mad, they should be mad at themselves.

[ptatc]

None of this matters. The procedure wasnt followed, the test results are moot. We can all speculate as to whether there was actual tampering or not, but it really doesnt matter.

 

If you believe that he is guilty, I doubt any of this will change your mind.

It only matters if you think baseball needs to be cleaned up and PEDs hurt the game. If a player tests postitive but is allowed to play because of a procedural problem, it doesn't help the game. This instance of a player being able to play of a technicality needs to be examined and used as a learning tool to either improve the procedure so it doesn't happen again. If it is proven that he didn't take PEDs then the system worked and he was rightfully cleared of all wrong doing.

I don't disagree with the decision. He should be allowed to play given the situation. However, I also think the protocol needs to change so it doesn't happen again because test need to occur throughout the week to catch the athletes that use the less potent but still PED that leave your system within 48 hours.