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

[Raw Biz]

He failed a test. If you can show me how he failed but was clean, I'll take a look. If not, there is no getting around a failed test. I was willing to accept his excuse before, pretty much because I'm a homer. But I just can't do it now.

 

People have failed a test before and were clean. If it happened in this situation, we'll probably never know but it was definitely possible.

 

 

"Modahl engaged lawyers to show that the laboratory in Lisbon had stored her urine sample on a table in a room heated at 35 degrees for three days, which caused bacterial degradation. She has always professed her innocence and was later cleared. She said: "I have declared my innocence, I have never taken any banned substance"

 

http://en.wikipedia.org/wiki/Diane_Modahl

http://news.bbc.co.uk/onthisday/hi/dates/stories/december/15/newsid_2559000/2559981.stm

[dlk9s]

Elaine Benes once tested positive for drugs when she was, in fact, clean.

[thebruce44]

If not, there is no getting around a failed test.

 

Well, except he did. So there's that.

[ilikewisco]

He failed a test. If you can show me how he failed but was clean, I'll take a look. If not, there is no getting around a failed test. I was willing to accept his excuse before, pretty much because I'm a homer. But I just can't do it now.

 

People have failed a test before and were clean. If it happened in this situation, we'll probably never know but it was definitely possible.

 

 

"Modahl engaged lawyers to show that the laboratory in Lisbon had stored her urine sample on a table in a room heated at 35 degrees for three days, which caused bacterial degradation. She has always professed her innocence and was later cleared. She said: "I have declared my innocence, I have never taken any banned substance"

 

http://en.wikipedia.org/wiki/Diane_Modahl

http://news.bbc.co.uk/onthisday/hi/dates/stories/december/15/newsid_2559000/2559981.stm

 

I did not know that, thank you very much. I don't think it changes my opinion until I were to hear more about Braun's test, but I can see everyone's point now. I was having a hard time seeing how they could get a false positive. I guess its possible.

[Raw Biz]

I did not know that, thank you very much. I don't think it changes my opinion until I were to hear more about Braun's test, but I can see everyone's point now. I was having a hard time seeing how they could get a false positive. I guess its possible.

 

That's why I get pissed when people say Braun got off on a technicality. I don't think enough people are aware of the Modahl case and how that "technicality" of not properly storing/treating Braun's sample could have a HUGE effect on the results. So yeah Braun technically got off because of a chain of custody thing. But that chain of custody thing could have directly caused the end result.

[Outlander]

Ok, I think this thread has run its course. Lock her up.

It is one of the few threads around here with actual discussion, why would you lock it?

[Nottso]

This is where I put a lot of blame on MLB. When Braun's appeal was over, they easily could have come out and admitted that improper handling/storage of a sample has been proven to cause false positives in the past (reference Modahl) and that they would change handling/storage criteria to________________ in the future.

 

Instead, they admitted it by changing the criteria but never admitted it in public, fired Das and left Braun swinging in the breeze.

[Patrick425]

Every thing Braun has stated from day one has indicated that there is more to the story. His first statement that he released after he won his appeal stated this in the first two sentences:

 

"I am very pleased and relieved by today’s decision.

 

It is the first step in restoring my good name and reputation."

 

Sorry Ryan, it's now about a year later and we are still waiting for the steps 2, 3, 4, and 5 in restoring your good name and reputation. So far, you seem content in just letting the media drag it through the mud.

 

Braun's press conference: "I want to take a moment to especially thank the fans, all the fans who have supported me as well as the fans who withheld judgment as I respected the confidentiality of this case.... I’ve tried to respect this process, even though the confidentiality of the process was breached early on."

 

and then at the end:

"I’ll try to answer all of your questions, but please respect the fact that I can’t get into many details of the process because it’s supposed to be confidential, and because of potential ongoing litigations and the fact that I am considering all my legal options. There may be some questions I can’t answer."

 

There is a difference between saying you are respecting the confidentiality of the case and making a statement that telling my side of the story would violate MLB confidentiality policies. MLB's statement after the appeal decision basically threw him under the bus and sure made it sound like they did not believe a word of his defense case. This statement by MLB did anything but show respect for the decision and for Braun.

 

Ok, so he was holding back things because of potential ongoing litigation. This was a year ago. If he still believes that there is potential for ongoing litigation, then yes, I think he should have reiterated that in his most recent statement. What if 2, 3, 4 years go by and still no legal issues arise from this?...will he release more of his story then? Will he then make some attempt to "restore his reputation" as he mentioned in his initial statement?

 

Ryan, if you are innocent, it's a real shame what you are letting them do to you. You are not acting like a person that is interested in "restoring your good name and reputation". If you're guilty, I wish you would have just admitted it right away.

[Ennder]

Will Carroll also said there was more to the story and that Braun's side could reproduce the results of why the test failed. But ESPN and MLB blasted Braun so much that they don't want to report anything positive about him.

 

http://www.chadmoriyama.com/2012/02/ryan-braun-what-you-dont-know-about-his-case-is-important/

[Nottso]

The fact that it's been a year and we haven't heard anything about any litigation, pending or otherwise, is no surprise. I've been involved in litigious situations twice. Both were "slam dunk" cases, both were settled, and even those took between 2 and 3 years each.

 

My lawyer told me right up front: "There will be long periods of time where it will seem like we're not doing anything. This will be because we're not doing anything. We make a move and then we wait; then we make our next move and then we wait some more. This is how it works. The wheels turn at the speed the wheels turn and there's nothing that I or anybody else can do about it." I appreciated his honesty.

[dlk9s]

Ok, I think this thread has run its course. Lock her up.

It is one of the few threads around here with actual discussion, why would you lock it?

 

Because there isn't any real discussion anymore. It's degenerated into "Braun should tell his story to the public" versus "Braun can't tell his story to the public."

[JimH5]

Perhaps..

 

But he'll be in camp soon, and he'll face questions, so this issue is basically in a holding pattern until Braun talks.

 

I thought thread-locking was for when people were disrespectful toward each other, or when things became frayed into several side topics, etc.

 

People disagree on Braun's believability at this point, but we're generally playing nice.

 

Close it, leave it open-- whatever.

 

People are going to raise the subject either in this thread or a new one.

[dlk9s]

I was only half serious about locking the thread, by the way (or half joking, depending on your perspective).

[brwrsfan]

Well so much for him saying anything at camp. He basically stated that he made his statement last week, that he stands behind that and will fully cooperate with any investigation but that he won't be answering any other questions about it.

[owbc]

ESPN has a new story on Braun...he's on a second list that shows him owing $1,500.

 

The list is not definitive proof that Braun either received or used PEDs -- either would be a suspendable offense under Major League Baseball policy -- but may draw him more squarely into the spotlight as the league investigates the scandal and tries to draw the interest of law enforcement.

 

But a source familiar with the documents obtained by "Outside the Lines" said the list with Braun's name, which also includes New York Yankees Alex Rodriguez and Francisco Cervelli and Toronto's Melky Cabrera, was a list of players who received PEDs, and that there is "no other reason to be on that paper."

[hawing]

I was just going to post that here, but OWBC was a little faster. I suppose it neither proves nor disproves anything (so far), but sigh.

[owbc]

All opinions aside, I guess the main conclusion is that there doesn't appear to be any evidence that would warrant a suspension.

[Schlitz001]

I agree that this still isn't enough to suspend Braun, but I wouldn't doubt it if MLB took a "fool me once" approach with Braun at this point. There is a lot of evidence to suggest that he was using PEDs, MLB just needs to tie it all together. I really wouldn't doubt it if Braun ends up suspended to start the year. Clearly new information is still coming out.

[Fear The Chorizo]

Whether people believe Braun's story or not, the more his name shows up in Bosch's paperwork the harder it is not to be skeptical. Having what appears to be a dollar amount in line with other players on these lists that were more directly linked to PEDs in the initial report is a big red flag, at least to me. I find it interesting that the same ESPN article mentions one of Braun's attorneys that weren't part of his appeal threatening legal action on ESPN if this report aired. For them to go ahead and air it more or less tells him to put his money where his mouth is. If Braun isn't telling the truth, things are going to start unraveling for him as media keep digging.

 

I hope MLB does its due diligence and issues suspensions as they deem appropriate. Would any suspensions levied by MLB from this story be subject to the same appeals process (under assumed confidentiality) as per their testing policy? It's been eerily quiet regarding some of the players more directly linked to PEDs in this story - wouldn't surprise me if there has already been a round of suspensions issued with appeals looming. Based on how this story has unfolded, I don't see Braun getting suspended. Had his name been part of the initial story that apparently included players with direct PED links in Bosch's records, I think he would be facing another suspension.

 

He may not plan on answering any questions about this investigation, but he's not going to be able to avoid being asked those questions - refusing to address them directly will just make things worse publicly.

[brwrsfan]

It will be interesting to see if he really sues them, as his lawyer threatened. I hadn't seen any statements from that lawyer, where was that hidden this whole time? I really hope Braun is telling the truth, because if he's not and this all comes out, he's painted himself into a corner and is really going to look like a total douche. And for ESPN, they very well could get in trouble for basically saying "there is no other reason for him to be on that list". How do they know that? That's pure speculation, and they sort of state that, but that article is pretty damning towards Braun.

 

I don't see a suspension from this, Bosch claims it's all [expletive deleted by mod], so he's not giving any statements and what we've seen so far is handwritten papers. Just because he's on the list doesn't mean he had PED's, the theory that "he's on this list, no other reason for that other than PED use" is pure speculation. Sure, it could be true and maybe it is, but it could be for just about anything too. The more stuff they find though, they may try to pin it on him if possible. What we've seen so far doesn't do it though.

[Crew2323]

There are a few items in this whole "new" info that need to be discussed. First is this mention at the very end of the "Worldwide Leaders" article, which may be more important than anything written before it:

 

Sources familiar with MLB's investigation said officials have tried to spark an investigation by the U.S. Drug Enforcement Administration. So far, the DEA and FBI have not initiated investigations, several sources told "Outside the Lines." Nor have state authorities hinted at an interest, with a Florida Department of Law Enforcement saying, "FDLE is not investigating Biogenesis of America, and we have not received any complaints.''

If Biogenesis were this huge doping facility, wouldn't these agencies be on it like glue? They aren't going near it and don't appear to have any reason to. As James L (crewcrazy) said in his Disciples of Uecker post, "if Biogenesis was actually dealing banned substances, the appropriate authorities would likely be bearing down on them by now. And they’re not." You can read that post here: http://disciplesofuecker.com/espn-says-braun-is-on-another-biogenesis-document/7981

 

Second, this line from a deadspin article posted today is interesting:

 

All the documents released so far are different, meaning there's one question: are there multiple disgruntled former employees of Tony Bosch running around, or just one judiciously doling out the clinic's balance sheets like pieces of the True Cross?

http://deadspin.com/5984639/biogenesis-ped-records-just-being-given-out-in-boxes-of-cereal-now?tag=scary%2C-scary-drugs

 

At this point I'm more inclined to believe deadspin reporting based on their Teo story and their latest story involving the Toledo cross country coach. If you haven't read it, I encourage you to do so.

 

Third, when this story first broke the names of A-Rod, Cabrera, Colon etc., were the first names to be reported. The "Worldwide Leader" is now saying Braun's name is on documents with those names that were first reported. My question is this: why is Braun's name now all of the sudden listed with alleged PED users? Why wasn't it first reported when this story originally broke? And if you missed it in the "Worldwide Leader" story, Braun's attorney threated legal action if they published this story. No other player connected to this story has threatened that. Only Braun has. Why is that?

 

If, as this new story states, the DEA, FBI, and FDLE aren't investigating Biogenesis, and seem to have no interest in doing so, why is the "Worldwide Leader" making this the story that it is? They withhold information on the Teo story because there wasn't enough evidence, yet they publish this Biogenesis story with the names of players because of what it implies, not because of what it says. Is it a witch hunt, not just toward Braun, but MLB in general? Could Deadspin be onto something with what they're saying in their story?

[brwrsfan]

My guess is because ESPN wants so very badly to wipe the egg of of their faces after last year. Releasing that info on Bruan, writing articles ripping him for cheating, only to win his appeal. ESPN wants to prove themselves as right IMO, hence why they are pushing it so hard with very little.

 

The newspaper itself had all the documents correct? They had this list with Braun on it and didn't release it...why? Because it doesn't show anything, there are no peds attached to his name, the list isn't labeled "people that owe me for PED's" it's just a list.

[burnzy24]

That article also contained an interesting comment from Braun's attorney:

 

Martin Singer, a well-known Los Angeles attorney for celebrities, responded to questions posed to Braun's publicist by saying, "My client confirmed last week that there was an alleged claim for money owed to Mr. Bosch because he had been used as a consultant by my client's attorneys in his successful appeal with MLB last year. Several witnesses can corroborate how Mr. Bosch requested over thousands of dollars for his consulting with my client's attorneys last year. My client has no relationship with Tony Bosch, and the only relationship Mr. Bosch had was with my client's attorneys as a consultant."

 

Singer said that if Braun's name appears in the documents, it is only because Bosch was trying to get whatever money he could from Braun from the consulting arrangement. "It is clear that this is all false," Singer said. He threatened legal action against ESPN if it aired or published this report. The two attorneys who represented Braun's appeal last year, David Cornwell and Chris Lyons, declined comment.

[brewmann04]

This need to end soon before the season starts either clear him or Suspend him.

Time for braunie to come clean one way or other

[TooLiveBrew]

My guess is because ESPN wants so very badly to wipe the egg of of their faces after last year. Releasing that info on Bruan, writing articles ripping him for cheating, only to win his appeal. ESPN wants to prove themselves as right IMO, hence why they are pushing it so hard with very little.

 

The newspaper itself had all the documents correct? They had this list with Braun on it and didn't release it...why? Because it doesn't show anything, there are no peds attached to his name, the list isn't labeled "people that owe me for PED's" it's just a list.

Have there been pieces recently like this from ESPN? The article that published Braun's name this go-round was from Yahoo! Sports.

 

 

EDIT: My apologies, I see you were referring to an ESPN piece that leaked the $1500 number.