BRAUN WINS APPEAL!!

BK METS
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BRAUN WINS APPEAL!!

Post by BK METS » Thu Feb 23, 2012 4:42 pm

IS he now the new #1 or #2 pick? What a bargain for those that drafted him in the 2nd round!!

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Re: BRAUN WINS APPEAL!!

Post by whipsaw » Thu Feb 23, 2012 4:43 pm

http://www.jsonline.com/blogs/sports/140213003.html

for those that want to read an article.

Big bet by those that took him late 2nd / early 3rd.

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Tom Kessenich
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Re: BRAUN WINS APPEAL!!

Post by Tom Kessenich » Thu Feb 23, 2012 4:44 pm

I told Greg to take him 4th during his Experts League draft in Vegas cuz Braun was going to beat this.

Should've listened to me. :D
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Captain Hook
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Re: BRAUN WINS APPEAL!!

Post by Captain Hook » Thu Feb 23, 2012 4:46 pm

Ryan Braun wins appeal of positive drug test
e-mail print By Tom Haudricourt of the Journal Sentinel
Updated: 4:10 p.m. |(4) Comments

Phoenix - Milwaukee Brewers leftfielder Ryan Braun became the first major-league player to have a positive drug test overturned when he was informed Thursday that an arbitration panel ruled in his favor on appeal and decided against a 50-game suspension for the reigning National League most valuable player.

There has been no official announcement of the verdict but the Journal Sentinel has confirmed that Braun won his appeal.

Someone familiar with the decision said the appeal went Braun's way not so much on contesting the result of the test but the testing process itself, some kind of technicality. And it was arbitrator Shyam Das who decided to rule in favor on that technicality, making it a 2-1 decision by the three-man panel.

Whatever the reason, the ruling was a tremendous boost for both Braun, whose reputation was at stake, and the Brewers, already missing free agent Prince Fielder from their 2011 NL Central championship club. Instead of having to figure out a way to replace Braun for the first 50 games of the season, the team can move forward with its original plans.

Braun is expected to report to the Brewers' camp Friday on schedule, and now will not have the cloud of a suspension hanging over his head. It had become a point of noticeable nervousness and anxiety among other players and staff as well as they awaited what many feared would be a negative outcome.

Braun appealed the positive test that took place in early October, at the outset of the playoffs. His hearing before a three-man arbitration panel was held in New York on Jan. 19-20, when noted attorney David Cornwell presented his case against the test result and suspension.

The three-man panel included Major League Baseball Players Association executive director Michael Weiner, MLB vice president for labor relations Rob Manfred and independent arbitrator Shyam Das. The history of such hearings suggested Weiner would back the player and Manfred would support the testing procedure, leaving Das to cast the decisive vote.

The MLB drug policy calls for a maximum of 25 days for the panel to render its verdict but that is considered more of a guideline than a rigid deadline. Accordingly, the panel took much longer to announce its decision. Thursday marked five weeks since the appeal hearing began.

There had been speculation that the delay was because Braun already had been told he won the case and his side hadn't announced it. The commissioner's office wouldn't announce the player had won the appeal because the process is supposed to be confidential. But a source familiar with the decision said Braun was not informed until Thursday.

An MLB source familiar with the history of game’s drug testing said none of the previous 12 major leaguers who appealed a positive result were able to overturn a suspension. Thus, even though successful appeals are not announced because of confidentiality, someone familiar with the process said Braun was the first major-leaguer to win an appeal.

Originally, players were suspended for 10 days but that penalty was stiffened to 50 games in 2006, with pay forfeited.

The burden of proof rests squarely on the player in such hearings because he must prove the banned substance was not in his system by his fault or through negligence. The MLB drug policy has a “strict liability” provision in which players are not exonerated merely because they ingested a banned substance unknowingly.

Braun’s positive test reportedly included “insanely high levels” of testosterone, by far the most ever detected in a player. He requested an independent drug test a few weeks after testing positive, which was clean, but it was not authorized nor recognized as exculpatory by MLB.

After ESPN reported Braun’s positive test, he immediately proclaimed his innocence, sending this test message to the Journal Sentinel: “I am completely innocent. This is B.S.”

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Re: BRAUN WINS APPEAL!!

Post by Hells Satans » Thu Feb 23, 2012 4:49 pm

BK METS wrote:IS he now the new #1 or #2 pick?
Do you think he was juicing? If he was, he certainly isn't now. That question alone probably would preclude me from drafting him 1/2.

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Tom Kessenich
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Re: BRAUN WINS APPEAL!!

Post by Tom Kessenich » Thu Feb 23, 2012 4:53 pm

Braun had been tested countless times in the past without any hint of wrongdoing. The numbers he put up last season were not significantly different than what he had done in the past when he was passing every test. The test results were so bizarre and so far outside the norm that all along it strongly appeared the process was messed up in some fashion and Braun was innocent. I see no reason to view Braun's potential production with any concern.
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NorCalAtlFan
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Re: BRAUN WINS APPEAL!!

Post by NorCalAtlFan » Thu Feb 23, 2012 5:03 pm

Tom Kessenich wrote: I see no reason to view Braun's potential production with any concern.
except for no Fielder. SD Overall could very well be won by someone who took the chance on him in the 2nd/3rd.

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Re: BRAUN WINS APPEAL!!

Post by Tom Kessenich » Thu Feb 23, 2012 5:04 pm

NorCalAtlFan wrote:
Tom Kessenich wrote: I see no reason to view Braun's potential production with any concern.
except for no Fielder.
Right. I was referring to any concerns his production may have been drug-enhanced. I see no reason to believe it was. No Fielder, though, is a huge concern.
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Gekko
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Re: BRAUN WINS APPEAL!!

Post by Gekko » Thu Feb 23, 2012 5:20 pm

let's put it this way...if u were fortunate enough to land braun in the 3rd or 4th round AND YOU DON'T WIN YOUR LEAGUE, you may want to consider hanging up the fantasy cleats :lol:

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Greg Ambrosius
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Re: BRAUN WINS APPEAL!!

Post by Greg Ambrosius » Thu Feb 23, 2012 5:31 pm

NFBC Slow Draft #37 just started at the top of the hour. Let's see where Braun goes in that league. Could be the starting point of his new First Round status.

1. Miggy
2. Pujols
3.
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Re: BRAUN WINS APPEAL!!

Post by Hells Satans » Thu Feb 23, 2012 5:35 pm

Would be shocked if he makes it past 5. My guess is 4/5 is his likely landing spot in most drafts with some 3s thrown in

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Re: BRAUN WINS APPEAL!!

Post by BK METS » Thu Feb 23, 2012 5:35 pm

Greg Ambrosius wrote:NFBC Slow Draft #37 just started at the top of the hour. Let's see where Braun goes in that league. Could be the starting point of his new First Round status.

1. Miggy
2. Pujols
3.
Would love to be 3 or 4 in that draft!

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Re: BRAUN WINS APPEAL!!

Post by Lunatic » Thu Feb 23, 2012 5:45 pm

Gekko wrote:let's put it this way...if u were fortunate enough to land braun in the 3rd or 4th round AND YOU DON'T WIN YOUR LEAGUE, you may want to consider hanging up the fantasy cleats :lol:
Yes, it is definitely a sure thing if you did, yeah right! but my Kemp/Braun in the 2/12 fast/slow draft could go 75/75 :mrgreen:
Your actions speak so loud, I can't hear a word you're saying...Ralph Waldo Emerson

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Greg Ambrosius
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Re: BRAUN WINS APPEAL!!

Post by Greg Ambrosius » Thu Feb 23, 2012 5:48 pm

Lunatic wrote:
Gekko wrote:let's put it this way...if u were fortunate enough to land braun in the 3rd or 4th round AND YOU DON'T WIN YOUR LEAGUE, you may want to consider hanging up the fantasy cleats :lol:
Yes, it is definitely a sure thing if you did, yeah right! but my Kemp/Braun in the 2/12 fast/slow draft could go 75/75 :mrgreen:
In every league to date, everyone processed the information we all had on every player and made calculated decisions. We all picked our draft preferences. To think this one decision is deciding an entire league is crazy. Still lots of work to do, including pitching categories and other positions. But yeah, it's a good start now that the verdict is in. But we all could have "gambled" on this decision and made our decisions as we saw fit. Time to live with those decisions and play all of these leagues out.
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Re: BRAUN WINS APPEAL!!

Post by mattjb » Thu Feb 23, 2012 5:50 pm

Off on a technicality and a split decision.

Bad day for baseball.

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Greg Ambrosius
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Re: BRAUN WINS APPEAL!!

Post by Greg Ambrosius » Thu Feb 23, 2012 5:56 pm

mattjb wrote:Off on a technicality and a split decision.

Bad day for baseball.
It's insane that people keep referring to this as a "split decision." Guys, one vote went to the MLBPA and one went to the owners. It was ALWAYS going to be a 2-1 split decision. Everyone KNEW the arbitrator was going to have the deciding vote.

As for the rest, MLB can blame the lab. Results were highest ever. Something wasn't right and now we know that and we also know why they were so high. MLB never should have leaked the suspension and they look bad for that.
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Gekko
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Re: BRAUN WINS APPEAL!!

Post by Gekko » Thu Feb 23, 2012 5:57 pm

Greg Ambrosius wrote:
Lunatic wrote:
Gekko wrote:let's put it this way...if u were fortunate enough to land braun in the 3rd or 4th round AND YOU DON'T WIN YOUR LEAGUE, you may want to consider hanging up the fantasy cleats :lol:
Yes, it is definitely a sure thing if you did, yeah right! but my Kemp/Braun in the 2/12 fast/slow draft could go 75/75 :mrgreen:
In every league to date, everyone processed the information we all had on every player and made calculated decisions. We all picked our draft preferences. To think this one decision is deciding an entire league is crazy. Still lots of work to do, including pitching categories and other positions. But yeah, it's a good start now that the verdict is in. But we all could have "gambled" on this decision and made our decisions as we saw fit. Time to live with those decisions and play all of these leagues out.
of course we all had the same info and the leagues have to play out. i'm just saying getting a top 3 pick at pick 40 or later is a major accomplishment. he single-handedly gives his owners a good margin for error. nice feeling, and yes, i think of the 40 slow draft leagues already in the books with braun going at a major discount, that one of those 40 braun teams stand a very good chance at winning the slow draft overall.

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Re: BRAUN WINS APPEAL!!

Post by DOUGHBOYS » Thu Feb 23, 2012 6:02 pm

mattjb wrote:Off on a technicality and a split decision.

Bad day for baseball.
I don't think it's a bad day for baseball at all.
Common sense prevailed. Something was wrong with that test.
Some are forever going to believe machine over man. My laptop screws up all the time.
Machines are not always correct no matter how many times we watch CSI.
I am glad the third party made a judgment. A judgment that probably doesn't set well with Major League Baseball.
But, in my eyes a good common sense judgment.
On my tombstone-
Wait! I never had the perfect draft!

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Re: BRAUN WINS APPEAL!!

Post by Greg Ambrosius » Thu Feb 23, 2012 6:08 pm

DOUGHBOYS wrote:
mattjb wrote:Off on a technicality and a split decision.

Bad day for baseball.
I don't think it's a bad day for baseball at all.
Common sense prevailed. Something was wrong with that test.
Some are forever going to believe machine over man. My laptop screws up all the time.
Machines are not always correct no matter how many times we watch CSI.
I am glad the third party made a judgment. A judgment that probably doesn't set well with Major League Baseball.
But, in my eyes a good common sense judgment.
Agreed totally. The lab has already said what they did wrong. Braun tested negative a few weeks later. He tested negative every test before this one. Time to move on.
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Re: BRAUN WINS APPEAL!!

Post by Hells Satans » Thu Feb 23, 2012 6:10 pm

Tom Kessenich wrote:
NorCalAtlFan wrote:
Tom Kessenich wrote: I see no reason to view Braun's potential production with any concern.
except for no Fielder.
Right. I was referring to any concerns his production may have been drug-enhanced. I see no reason to believe it was.

Except for the fact that, you know, he had an insane levels of testosterone indicative of juicing? Maybe he was. Maybe he wasn't. But he won his PED suspension because a courier did not take his urine sample immediately to FedEx because he thought it was closed on Saturday nights. That's not quite the same thing as saying he wasn't juicing.

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Re: BRAUN WINS APPEAL!!

Post by Hells Satans » Thu Feb 23, 2012 6:13 pm

Also, to be clear, I'm not saying he should be suspended. If the lab didn't follow protocol, then the suspension should be lifted. But that doesn't mean I'm convinced he's clean.

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Re: BRAUN WINS APPEAL!!

Post by Cobb » Thu Feb 23, 2012 6:48 pm

Greg Ambrosius wrote:
mattjb wrote:Off on a technicality and a split decision.

Bad day for baseball.
It's insane that people keep referring to this as a "split decision." Guys, one vote went to the MLBPA and one went to the owners. It was ALWAYS going to be a 2-1 split decision. Everyone KNEW the arbitrator was going to have the deciding vote.

As for the rest, MLB can blame the lab. Results were highest ever. Something wasn't right and now we know that and we also know why they were so high. MLB never should have leaked the suspension and they look bad for that.
Spoken like a true homer :mrgreen: How do we know why they were so high? Because the courier put them in his own fridge instead of the lab's fridge? Take it from someone in the pharm field, that meant absolutely nothing. Braun didn't argue that the sample was wrong, just that the protocol wasn't followed. He's right and the ruling is probably fair in that respect. But to assume that there was something wrong with the test probably isn't right. This is more like can't prove it in court because of some knucklehead screwed up the evidence collection, ala OJ Simpson.

He got it overturned, he's not suspended, great for the Brew Crew, great for Braun,let's move on.........but he still tested positive...and OJ did it too!
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Re: BRAUN WINS APPEAL!!

Post by Glenneration X » Thu Feb 23, 2012 7:02 pm

I've got to admit I'm a happy camper right now. I've done two slow drafts and was lucky enough to land Braun in the 3rd round of both.

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Re: BRAUN WINS APPEAL!!

Post by Cobb » Thu Feb 23, 2012 7:09 pm

Glenneration X wrote:I've got to admit I'm a happy camper right now. I've done two slow drafts and was lucky enough to land Braun in the 3rd round of both.
You are sitting real pretty in the $1000 Slow...although it pains me to admit it! jk :D Good job man!
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Re: BRAUN WINS APPEAL!!

Post by Quahogs » Thu Feb 23, 2012 7:12 pm

Cobb wrote:
Greg Ambrosius wrote:
mattjb wrote:Off on a technicality and a split decision.

Bad day for baseball.
It's insane that people keep referring to this as a "split decision." Guys, one vote went to the MLBPA and one went to the owners. It was ALWAYS going to be a 2-1 split decision. Everyone KNEW the arbitrator was going to have the deciding vote.

As for the rest, MLB can blame the lab. Results were highest ever. Something wasn't right and now we know that and we also know why they were so high. MLB never should have leaked the suspension and they look bad for that.
Spoken like a true homer :mrgreen: How do we know why they were so high? Because the courier put them in his own fridge instead of the lab's fridge? Take it from someone in the pharm field, that meant absolutely nothing. Braun didn't argue that the sample was wrong, just that the protocol wasn't followed. He's right and the ruling is probably fair in that respect. But to assume that there was something wrong with the test probably isn't right. This is more like can't prove it in court because of some knucklehead screwed up the evidence collection, ala OJ Simpson.

He got it overturned, he's not suspended, great for the Brew Crew, great for Braun,let's move on.........but he still tested positive...and OJ did it too!
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