Newest PED scandal: Braun named in Biogenesis clinic records (Reply #365: Additional mention found)

[Ennder]

Here is the series of events.

 

Braun takes drug test.

Drug test is not handled properly and chain of custody is not kept properly. This is the 1st failure.

Drug test gets to lab past the time it should have and is still tested... at this point it should have just been tossed out as tainted. This is the 2nd failure.

Results of drug test are leaked to media. This is the 3rd failure.

Media attacks Braun mercilessly without even a tiny bit of benefit of the doubt. The 4th failure

Braun appeals and wins with the arbiter saying he can't give the details.

Media attacks Braun some more saying it is nothing bet a technicality without knowing the details. The 5th failure.

MLB fires the arbiter. The 6th failure.

Balco south story comes out with the media releasing it only releasing names they could corroborate somehow.

Main stream media gets a hold of info and instantly leaks it without any corroboration. The 7th failure.

Braun gives his statement and the media says it is silly without doing any research or anything. The 8th failure.

 

MLB and ESPN look awful given this series of events. Regardless of whether Braun is guilty or not guilty MLB and the media have totally screwed this all up and lost any sense of credibility they had with me. The system failed at almost every single step in the process because they wanted the ratings and they wanted to try to make an example out of Braun.

[JimH5]

No doubt there have been mishandlings by the media and MLB as it relates to the Braun case. But if it turns out the he was/is a PED user, and if he is outed and punished, then they got the most important thing right.

 

I think that an innocent man would do more to defend his good name. He has suffered real damages, being linked to PEDs. Where is the lawsuit back at MLB or ESPN to recover those damages?

[Nottso]

No doubt there have been mishandlings by the media and MLB as it relates to the Braun case. But if it turns out the he was/is a PED user, and if he is outed and punished, then they got the most important thing right.

 

I think that an innocent man would do more to defend his good name. He has suffered real damages, being linked to PEDs. Where is the lawsuit back at MLB or ESPN to recover those damages?

 

If I've read things correctly, almost any action taken by Braun could, and likely would (at least by MLB), be construed as a violation of the binding arbitration from his appeal. This would render the arbitration null and void and the suspension would go back in place. Braun could of course appeal it, but after the firing of Shyam Das I can't picture a second arbitrator ruling in Braun's favor.

 

Again, that's if I've read things correctly. Perhaps someone else can shed further light on the subject.

[KCBrewerfan34]

I think a $150 million dollar player suing for defamation makes him look really bad, Braun took the high road, he just wants to play baseball and win a World Series.

 

 

Without PED's how did the guy hit 40+ HR's, LUCK?

[Outlander]

If it is ever confirmed that he took PEDs I think it will be more to recover from injuries than being able to hit home runs.

[logan82]

Without PED's how did the guy hit 40+ HR's, LUCK?

There is no guarantee he wasn't using something in the past and there is no guarantee he isn't using something now.

[Ennder]

Without PED's how did the guy hit 40+ HR's, LUCK?

There is no guarantee he wasn't using something in the past and there is no guarantee he isn't using something now.

 

And there is no guarantee that if he was using that it had much to do with how he played anyway. They have really struggled to show proof that these lower grade PED even help much.

[JimH5]

I think a $150 million dollar player suing for defamation makes him look really bad, Braun took the high road, he just wants to play baseball and win a World Series.

 

So he's completely innocent, but he's got to foot the bill for his defense team? And he's on the hook for any losses he has to future income, endorsements, appearance & signing fees related to his undeserved dirty reputation? And he thinks it would look bad to try to recoup that money from multi-billion dollar ESPN and multi-billion dollar MLB?

 

And the union of Marvin Miller and Donald Fehr has nothing to say on the unfairness of how an innocent player can sustain these damages?

 

I don't think I'm flexible enough to bend in a way that let's me believe all that is true.

[dlk9s]

While I've said I wouldn't give a rat's ass about anybody else and would do whatever it took to defend my reputation, we really don't know what Braun has done non-publicly to defend himself. It seems like he went through a hell of a lot to win his appeal and aside from that, it's really not fair to make judgments on what we think he's done/not done when we have no idea.

[JimH5]

Sure, but a significant part of the damage done to him is based on what the general public thinks of him. I can't believe that his attorneys and union would settle for anything that leaves this hazy reputation on him.

[endaround]

No doubt there have been mishandlings by the media and MLB as it relates to the Braun case. But if it turns out the he was/is a PED user, and if he is outed and punished, then they got the most important thing right.

 

I think that an innocent man would do more to defend his good name. He has suffered real damages, being linked to PEDs. Where is the lawsuit back at MLB or ESPN to recover those damages?

 

 

What is he going to sue about? The leak? It doesn't appear that someone directly tied to MLB is the one responsible. ESPN over the story? The story that the failed a drug test is true. Various talking heads? He's a public figure and unless he can show they are knowingly lying about what their saying he has no case and even then its a weak one because public figures have less rights in this area.

[Baldkin]

Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth. For example, Ariel Sharon sued Time Magazine over allegations of his conduct relating to the massacres at the Sabra and Shatila refugee camps. Although the jury concluded that the Time story included false allegations, they found that Time had not acted with "actual malice" and did not award any damages.

 

http://www.expertlaw.com/library/personal_injury/defamation.html#3

So, Braun can't sue unless ESPN acted with actual malice, and I don't think you can prove that they did.

[JimH5]

Thanks very much for the legal info.

 

And I would like to believe that he's always been clean.

 

But he has made such a low-effort, "trust me on this" defense that I just think something is there.

 

If it were me, I'd have daily urine and blood samples going to Rosenthal and Verducci and Heyman. I would have an open invite to any media member to watch me workout, and to talk to my trainers...whatever.

 

He just seems disinterested in trying to clear his name among the fans and media.

[TooLiveBrew]

He just seems disinterested in trying to clear his name among the fans and media.

He (& every player) was tested multiple times last season, & clearly Braun didn't fail a test. He doesn't need to send results to the press -- they'd have the news (as they obviously did last time) if he didn't pass.

[JimH5]

He may not need to, but in failing to make a more visible and impassioned response, he allows the public and the media to speculate. That hurts the Ryan Braun brand.

 

You can tell me he's a clean player. You can tell me he's been wronged by MLB and ESPN. But you can't tell me that he's unconcerned with his public image.

 

Braun is the most public player the Brewers have ever had, with restaurants and endorsements and national exposure. He's totally comfortable in the public eye, and outside of Milwaukee, he's thought of as a cheater who got away with it.

 

That doesn't fit with a guy who likes the spotlight.

[TooLiveBrew]

I think it's been fleshed out pretty well already why he wouldn't/couldn't do more, so I won't try to repeat that.

[Ennder]

Yeah at this point it seems like people are just sticking their fingers in their ears and trying to ignore the facts. Braun is not allowed to give the info you want to hear, it just is not an option. You will have to deal with the fact that he can't give you what you want even if it is the truth which we obviously don't know at this point.

[JimH5]

I don't think my fingers are in my ears.

 

My problem with Braun isn't that he is unwilling or unable to give me what I want. It's that this very PR-conscious guy hasn't said anything at all about his cleanliness except for his initial statement regarding the consultation fee.

 

Braun hasn't met a camera he hasn't liked. So why is he not doing more to get in front of this story?

 

It's not just the haters who have doubts about him. And he seems to be shrugging his shoulders to that.

[dlk9s]

Braun hasn't met a camera he hasn't liked.

Explain. He actually comes off as a fairly private person to me.

[logan82]

Without PED's how did the guy hit 40+ HR's, LUCK?

There is no guarantee he wasn't using something in the past and there is no guarantee he isn't using something now.

 

And there is no guarantee that if he was using that it had much to do with how he played anyway. They have really struggled to show proof that these lower grade PED even help much.

It may not help a player hit a ball better or further but it will help them stay on the field more if they have nagging injuries.

[JimH5]

Braun hasn't met a camera he hasn't liked.

Explain. He actually comes off as a fairly private person to me.

 

If he is private, I was thrown off by the product endorsements and the line of t-shirts and the supermodel fiance and the restaurants named after him.

 

He's not LeRoy Butler, but I get the idea that he's fine with being a celebrity.

[dlk9s]

There's a difference between making money and being a camera whore. Maybe it's different up in Wisconsin, but down here in Georgia, the only times I can ever remember seeing Braun on TV outside of baseball season is in Dick's Sporting Goods commercials. And those barely ever air. If it's not some MLB-related thing (like an interview or the video game cover contest), I have to search for him if I want to see what he's up to (well, aside from the now annual PED fun).

[Ennder]

Thanks very much for the legal info.

 

And I would like to believe that he's always been clean.

 

But he has made such a low-effort, "trust me on this" defense that I just think something is there.

 

If it were me, I'd have daily urine and blood samples going to Rosenthal and Verducci and Heyman. I would have an open invite to any media member to watch me workout, and to talk to my trainers...whatever.

 

He just seems disinterested in trying to clear his name among the fans and media.

 

We have very different opinions on this. If he were out there churning away talking about his innocence every chance he got, I'd assume he was guilty. We don't know what happened, we aren't going to know what happened until maybe after he retires. He is not allowed to give more info and the arbiter is not allowed to give more info and MLB either can't talk about it or isn't giving more info. We have nothing but shady statements on BOTH sides about what happened. We have next to no info on how any of this went down from any source. So you are basically going to be left to your own devices on whether you are going to believe him, not believe him or take what I think is the most reasonable stance and that is... I don't know what happened.

[JimH5]

 

We have very different opinions on this. If he were out there churning away talking about his innocence every chance he got, I'd assume he was guilty. We don't know what happened, we aren't going to know what happened until maybe after he retires. He is not allowed to give more info and the arbiter is not allowed to give more info and MLB either can't talk about it or isn't giving more info. We have nothing but shady statements on BOTH sides about what happened. We have next to no info on how any of this went down from any source. So you are basically going to be left to your own devices on whether you are going to believe him, not believe him or take what I think is the most reasonable stance and that is... I don't know what happened.

 

 

Fair enough.

 

He can't talk about the case from last year.

 

But he isn't prevented from talking at all--or from clearing up doubts that exist about who he is right now.

 

An innocent person wouldn't let his public image erode without making a more impassioned plea.

 

Instead, we get a single statement telling us all is well and to trust our guy.

 

I just need more.

 

Though I get it that others don't--and that I'm not likely to get more.

[Nottso]

 

But he isn't prevented from talking at all--or from clearing up doubts that exist about who he is right now.

 

If this latest deal is tied to last year's suspension he most likely is indeed prevented from talking about it. I would think that the binding arbitration agreement that Braun legally entered into was, and is, extremely thorough in muzzling him and everyone around him. Forever.

 

I want more information as badly as you do, Jim, but I just don't think that that lack of information says anything one way or another. I hope that some day we get the whole story.