The American Spectator : The Spectacle Blog : Braun's Suspension Overturned

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Milwaukee Brewers outfielder Ryan Braun won his appeal and will not have to serve a 50-game suspension that was handed down after the reigning National League MVP tested positive for a banned substance back in December.

What isn't exactly clear is why the ruling was overturned. It might have been that either the chain of custody was compromised or the test results itself was unreliable. MLB has noted its disagreement with the decision.

Whatever the case, Braun will report to Brewers spring training camp tomorrow in Arizona.

UPDATE: Braun held a press conference today at the Brewers' spring training facility in Phoenix where he elaborated on what went wrong with his test. He stated:

We're a part of a process where you're 100% guilty until proven innocent. It's opposite of the American judicial system. This not an innocent until proven guilty situation. So, if we're held to that standard, it's only fair that everyone else is held to that exact same standard.

Braun then cited MLB/MLBPA Joint Drug Prevention & Treatment Program which requires all samples to be taken to FedEx on the day they are collected "absent unusual circumstances." Forty-four hours elapsed between the time Braun's sample was taken and when it arrived at the FedEx facility.

Braun also noted that when a sample is taken the only two people who know which player gave the sample are the player and the person who collected the sample. Once FedEx receives the sample, it is assigned a number and the lab that does the testing in Montreal does not know the identity of the player to prevent bias. In Braun's case, the collector's son was also aware that it was he who gave the sample. Under the circumstances, the arbritrator had no choice but to overrule Braun's suspension.

It also illustrates why I am so skeptical about the case against Roger Clemens. It relies heavily on evidence from Clemens' former trainer Brian McNamee who kept Clemens' samples in his home for more than six years. If a sample can be contaminated in the space of less than 48 hours then imagine what could happen over the course of six years?

View all comments (18) | Leave a comment

Bob| 2.24.12 @ 12:23AM

This is a disappointing development. Baseball has made numerous strides to make baseball a clean sport, but when one of their star players who won the MVP gets caught, they sweep it under the rug. So come on MLB, why exactly was the ruling overturned?

Aaron Goldstein| 2.24.12 @ 12:30AM

Except they didn't sweep it under the rug. In fact, Braun's results were leaked (mostly likely by MLB) and MLB has voiced its disagreement with the ruling.

Bob K.| 2.24.12 @ 12:53AM

And so early in his career! And an obvious potential Hall of Famer too! I wonder if that was a consideration?

Do you think this will improve Raphael Palmiero's chances of being voted into the Hall of Fame now? After all he was suspended for only 10 days and it looks like he won't get in despite having over 500 home runs and 3000 hits.

Maybe they will take another look at Mark McGuire now? What do you think of that?

And how about Barry Bonds? He could have walked into Cooperstown without having taken a steroid and everybody know that!

Of course none of these guys are good looking west coast surfer boys.

RJ| 2.24.12 @ 1:36AM

Well, Mark McGuire is as West Coast as you can get and lives in "Surf City" (Huntington Beach). As as far as Barry Bonds, when do you think he started taking steroids? Unfortunately, major league baseball is more entertainment than sports these days, but to the extent sportsmanship remains, anyone with a significant violation on banned substances should not be admitted to the Hall of Fame and their records should be stricken from the record book. The home run records belong to Hank Aaron and Roger Maris. Some guys did it short-term to recover from an injury, but others went crazy with it. It gave them a huge advantage.

Aaron Goldstein| 2.24.12 @ 8:32AM

I don't think Braun winning his appeal will be of any help to either Palmeiro or McGwire. Both remain significantly damaged by their testimony on Capitol Hill a few years back.

As for Barry Bonds, he will appear on the Hall of Fame ballot for the first time next year as will Roger Clemens. I think neither get in during the first year on the ballot. The BBWAA will do to them what they did to Roberto Alomar in his first year on the ballot with respect to the spitting incident with John Hirshbeck. However, since both Bonds and Clemens had Cooperstown numbers before they were considered suspect I think they both get in during their second year of eligibility on the 2014 ballot.

Bob K.| 2.24.12 @ 9:42AM

Nevertheless what we have here is a potential double standard based on the finding of one baseball arbitrator.

But it does make it easier for you baseball writers when voting time comes around. You can always justify your vote by saying that some arbitrator named Shyam (or was that Baba Ram?) Das cleared him.

Questions linger:

http://www.nytimes.com/2012/02.....inger.html

Aaron Goldstein| 2.24.12 @ 10:14AM

Hall of Fame discussion for Braun is a bit premature. To start with, one must play a minimum of ten seasons to even be eligible for consideration. There's no guarantee Braun will sustain his offensive production. It's difficult to know how the BBWAA will approach Braun in, say, 2026.

As for a double standard, there is an appeals process where it concerns suspensions for MLB's drug policy. Braun exercised his right to appeal and the arbitrator agreed with him. Given that no one has previously successfully appealed a suspension it can reasonably concluded that MLB dropped the ball somewhere along the line with regard to Braun's test.

bagittagit| 2.24.12 @ 8:41AM

Braun plays for Commissioner Bud Selig's Brewers. Nuf said!

Aaron Goldstein| 2.24.12 @ 8:47AM

Selig hasn't owned the Brewers in years. Believe me when I tell you that Selig is livid that Braun's suspension was overturned.

Sparky| 2.24.12 @ 10:49AM

I always found Braun's test result to be strange. Braun has never looked like he was 'roided up, and his physique didn't change last year. He is in the middle of a long-term contract, so he had no big financial incentive to 'roid up. His power numbers last year were not unusual; in his five-year career, last year was only his third best year for homers and his fourth best for doubles. As the Brewers' chairman just said, "Since joining our organization in 2005, Ryan Braun has been a model citizen and a person of character and integrity." I, for one, suspect that this test got it wrong. For the record, I'm a Detroit Tigers fan, not a Brewers fan.

Bob K.| 2.24.12 @ 10:56AM

Neither did Palmiero look like he was 'roided up.

Sparky| 2.24.12 @ 11:06AM

Palmeiro became bigger (although not as extreme as Barry Bonds) and he suddenly went from being primarily a singles and doubles hitter to a big-time home run hitter.

Bob K.| 2.24.12 @ 6:05PM

Sparky,
I would argue that you cannot do anything suddenly and hit 500 home runs. That takes time. A lot of it. Do the math.

Aaron Goldstein| 2.24.12 @ 7:20PM

Palmeiro made his MLB debut in 1986 with the Cubs. His first full season was in 1988 when he hit 8 homeruns. He began to hit homeruns in earnest while with the Rangers in 1991 when he slammed 26. Between 1993 and 2003, Palmeiro hit at least 30 homeruns and drove in 100 runs every season except for the strike shortened season of 1994. From 1995 through 2003, Palmeiro hit no fewer than 38 homeruns a season and had four seasons of 40 or more homeruns. His first 40 homerun season came at the age of 33.

Bob K.| 2.24.12 @ 8:41PM

He was 6' tall and weighed 180. Hardly steroid bloated. He was an outstanding athlete and was in the big leagues when he was 22 years old.

He had 15 very productive years between the ages of 23 and 38. At age 31 he became more disciplined and selective at the plate and began to get many more walks and home runs as a result. He was a damned good hitter and there is no way you can get around it. We don't even have to talk about the fact that everybody was hitting more home runs at that time. His stats explain why he hit more.

Do you know what I think his problem was? I think he did not defer enough to the sports writers. It's the same problem that politicians have with them. Journalists think they are an aristocracy in our democracy. And there is no more democratic a game than baseball.

You write about how the BBWAA will keep Bonds and Clemens out of the Hall until their 2nd year of eligibility because of their action. And apparently you have decided that Palmiero will never get in.

Where did you and your journalistic colleagues get the right to "punish" baseball players like this?

Aaron Goldstein| 2.24.12 @ 9:52PM

First, I never said Palmeiro wasn't a good player. In fact, he was one of my favorites.

You asked if I thought if Braun's appeal would help Palmeiro get into the Hall of Fame. I indicated it wouldn't because of his testimony before Congress that he had never taken steroids only to test positive months later.

I'm not a member of the BBWAA but have a good sense of how they think. Sometimes they get it right and sometimes they don't. It's why I write about the players I think they've overlooked. To be fair, the Veterans Committee is a far tougher crowd than the BBWAA.

Stan| 2.24.12 @ 2:46PM

I'm a Mets fan but also a fan of the Hebrew Hammer. Good to see him vindicated.

albert constantine jr.| 2.24.12 @ 11:49PM

I'm not sure that having a punishment overturned on a sample handling technicality is vindicated. I think it is more accurately stated that he won't be punished for what can't be legitimately proven, which is a different standard than vindicated.