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Ryan Braun Suspension Overturned: Brewers Star Wins Appeal After Failed Drug Test

Ryan Braun

RONALD BLUM   02/23/12 10:37 PM ET  AP

NEW YORK — National League MVP Ryan Braun's 50-game suspension was overturned Thursday by baseball arbitrator Shyam Das, the first time a baseball player successfully challenged a drug-related penalty in a grievance.

The decision was announced Thursday by the Major League Baseball Players Association, one day before the 28-year-old outfielder was due to report to spring training with the Milwaukee Brewers.

Braun's urine tested positive in October for elevated testosterone, and ESPN revealed the positive test in December.

Braun has insisted that he did not violate baseball's drug agreement.

"I am very pleased and relieved by today's decision," he said in a statement. "It is the first step in restoring my good name and reputation. We were able to get through this because I am innocent and the truth is on our side."

MLB executive vice president Rob Manfred said management "vehemently disagrees" with Das' decision.

Travis Tygart, chief executive officer of the U.S. Anti-Doping Agency, called the decision "a real gut-kick to clean athletes."

During the hearing, Braun's side challenged the chain of custody from the time the urine sample was collected by Comprehensive Drug Testing Inc. to when it was sent, nearly 48 hours later, to a World Anti-Doping Agency-certified laboratory in Montreal, two people familiar with the case said. They spoke on condition of anonymity because what took place in the hearing is supposed to be confidential.

The sample was collected on Oct. 1, a Saturday and the day the Brewers opened the NL playoffs. The collector did not send the sample to the laboratory until Monday, thinking it would be more secure at home than at a Federal Express office during the weekend.

Baseball's drug agreement states that "absent unusual circumstances, the specimens should be sent by FedEx to the laboratory on the same day they are collected."

"To have this sort of technicality of all technicalities let a player off ... it's just a sad day for all the clean players and those that abide by the rules within professional baseball," Tygart said.

Das, who has been baseball's independent arbitrator since 2000, informed the sides of his decision, but did not give them a written opinion. He has 30 days to do so.

"Today the arbitration panel announced its decision, by a 2-1 vote, to sustain Ryan Braun's grievance challenging his 50-game suspension by the commissioner's office," a statement from the players' association said.

Manfred and union head Michael Weiner are part of the arbitration panel, and management and the union almost always split their votes, leaving Das, the independent panel member, to make the decision.

"MLB and cable sports tried to sully the reputation of an innocent man," Green Bay Packers quarterback Aaron Rodgers said on Twitter. "Picked the wrong guy to mess with. Truth will set u free"

Brewers owner Mark Attanasio was pleased his best player was vindicated.

"Since joining our organization in 2005, Ryan Braun has been a model citizen and a person of character and integrity. Knowing Ryan as I do, I always believed he would succeed in his appeal," Attanasio said in a statement. "It is unfortunate that the confidentiality of the program was compromised, and we thank our fans and everyone who supported Ryan and did not rush to judgment."

Brewers closer John Axford added on Twitter: "All I can say is that Braun has exemplary character is continuing to handle this in an unbelievable manner."

An evidentiary hearing on Braun's appeal was held Jan. 19-20 in New York, ending the day before the player accepted the NL MVP award at a black-tie dinner.

"We provided complete cooperation throughout, despite the highly unusual circumstances. I have been an open book, willing to share details from every aspect of my life as part of this investigation, because I have nothing to hide," Braun said in his statement. "I have passed over 25 drug tests in my career, including at least three in the past year."

A person familiar with the situation told The Associated Press that, after being informed of the positive result, Braun asked to have another urine test taken, and that the second test was within normal range.

Positive tests for performance-enhancing drugs have been relatively rare under the major league testing program, with just two others in 2011: Tampa Bay outfielder Manny Ramirez and Colorado Rockies catcher Eliezer Alfonzo. Ramirez at first retired rather than face a 100-game suspension for a second positive test. Now that he wants to play again and since he missed most of last year, he will only need to serve a 50-game penalty.

"It has always been Major League Baseball's position that no matter who tests positive, we will exhaust all avenues in pursuit of the appropriate discipline. We have been true to that position in every instance, because baseball fans deserve nothing less," Manfred said. "As a part of our drug testing program, the commissioner's office and the players' association agreed to a neutral third-party review for instances that are under dispute. While we have always respected that process, Major League Baseball vehemently disagrees with the decision rendered today by arbitrator Shyam Das."

Braun hit .332 with 33 homers and 111 RBIs last year and led Milwaukee to the NL championship series, where the Brewers lost to the eventual World Series champion St. Louis Cardinals. The Brewers are counting on his offense following the departure of Prince Fielder, who became a free agent and signed with the Detroit Tigers.

"I just did a few shirtless cartwheels to show my excitement," Brewers teammate Corey Hart said in a text message.

Braun already was signed through 2015, but the Brewers gave him a new deal running through 2020 that added $105 million and guaranteed him a total of $145.5 million over a decade.

___

AP Baseball Writer Janie McCauley and AP Sports Writer Howie Rumberg contributed to this report.

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NEW YORK — National League MVP Ryan Braun's 50-game suspension was overturned Thursday by baseball arbitrator Shyam Das, the first time a baseball player successfully challenged a drug-related p...
NEW YORK — National League MVP Ryan Braun's 50-game suspension was overturned Thursday by baseball arbitrator Shyam Das, the first time a baseball player successfully challenged a drug-related p...
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12:12 PM on 03/03/2012
"Ummmm....my sample sat at this dudes house for two days. So, it can't be counted right?" Your telling me that something changed the substance of that sample because it was not in a fed ex office? Give me a break! Braun is a user plain and simple. He could not do on his own what he could with PED's. And thank you to Aaron Rogers for making things so clear for all of us with his most genius comment of "Truth will set u free." Awesome and inspiring there Aaron. Truth = a procedure that did nothing to change the substance of his urine was not followed.
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NevadaLib
weapons not food, not homes, not shoes, not need,
01:00 PM on 02/29/2012
He never tried to prove his innocence. I think science doesn't lie in terms of these tests but rules are rules. He has rights, and this proves the system works. I think he did it, but that doesn't matter and shouldn't. A tainted process from the beginning. I also don't care if athletes use. the BBWAA are hall of fame hypocrites. PEDs have been around in one capacity or another in baseball for almost a century, and the media went out of its way to crucify something that ironically saved baseball.
06:20 PM on 02/28/2012
Someone really had it in for Ryan Braun! With these kinds of "controls" on such important rules, an athlete has to question everything until MLB gets it right.
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HUFFPOST SUPER USER
Bob Blinick
03:38 PM on 02/24/2012
We're looking at this with limited information. What does "elevated levels of testosterone" mean? Within normal ranges? How far above? How does it reconcile with 25 non-positive results? When were they taken? How long does it take for performance enhancing drugs to exit the system? I think we all want to see baseball clean (so others don't think they have to take PED in order to compete), but I think we all want to be sure that clean players aren't wrongfully accused or, in this case, convicted by the press/public.
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11:11 AM on 02/24/2012
After finding out Ryan Braun's suspension was overturned by MLB, ......Barry Bonds immediately threw his BMW at a tree......
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FirstGame72
The Sleep of Reason Produces Monsters
08:19 AM on 02/24/2012
Let's face it, Braun was caught red handed and he's a big time user.
But he's smart and he did what everyone connected to MLB and the sports media encourages athletes to do when they are caught using PED's - he denied it straight down the line to the bitter end.
The sports media punishes those athletes who admit guilt and try to clear their conscience when they're caught and as we see with Braun, rewards athlete's who lie on top of cheating to keep the lid on a extremely pervasive system of PED's in MLB (easily 80% of MLB players dope and many know it).
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10:47 AM on 02/24/2012
And the facts to support your contention that Braun is a "big time user" are what? That he failed one test and passed another?
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myhomeo
My micro-bio is empty
10:48 AM on 02/24/2012
How do you he lied? Have you seen the arbitrator's report? Nobody. Else has. Isn't there a chance that he actually was innocent? Your post makes some bold statements - "he's a big time user" - as if you have an inside source or actually witnessed him taking the drugs himself. Keep in mind the fact that the arbitrator has never ruled in favor of a player in one of these cases and maybe it's best not to come to conclusions yet.
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CPAwADD
My super power is sarcasm!
08:18 AM on 02/24/2012
When the news was leaked that Braun had failed a test for performing enhancing drugs. I said at the time that they shouldn't let that be known before the appeal process. I think that view has been vindicated. Did he use? I don't know but there is a reason why we have processes.
08:17 AM on 02/24/2012
Looks like the "Hebrew Hammer" has some "friends" in high places.
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Jazmo
Cause they're hip to the bull and hip to the lies.
07:00 AM on 02/24/2012
Now that MLB is putting out there that Braun won because of the courier issue, I think Braun is going to have to respond publicly.
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10:51 AM on 02/24/2012
I'd like to see him respond publicly with another monster year. That will be vindication aplenty for all the doubters. Exploring a lawsuit against MLB for the release of private information (including protected health information) without due process would be another way to respond, but I doubt he will bother.
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Jazmo
Cause they're hip to the bull and hip to the lies.
12:00 PM on 02/24/2012
I would imagine he'd like the issue to die off and for his play to speak for itself. A lawsuit would just perpetuate everything and keep the issue in the public's mind. I think it was pretty lousy of MLB to leak that this was reversed on a technicality, though.
06:42 AM on 02/24/2012
There is a serious LEAK PROBLEM in MLB. Does anyone remember the "List" of about 100 players who supposedly failed a survey, which was also leaked out by someone, when the list wasn't even supposed to exist? MLB has a problem, the UNION has a BIG PROBLEM, and the players aren't being represented well by the League or their Union. This Gross Negligence should lead to MANY LAWSUITS, and MLB should do their best to expose who the leaks were, before this problem gets worse. I'm sure David Ortiz never forgot how the Media & fans treated him in Boston when that crap came out...
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FirstGame72
The Sleep of Reason Produces Monsters
08:08 AM on 02/24/2012
Let's all face it, big time American sports are extremely corrupt and easily 80% of all players are using some kind of PED.
06:31 AM on 02/24/2012
Roger Clemons should be thrilled!
05:43 AM on 02/24/2012
If this guy can beat the system im sure will be hearing from others soon.
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DandaPanda
I am not a republican
06:50 AM on 02/24/2012
The system beat itself. There is an established protocal..it was not followed.
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rltballer
why is equality difficult for some to understand?
05:41 AM on 02/24/2012
Hey baseball. Since you are allowing this.cheat back I don't believe I will attend any more games unless you find a way to get this ruling overturned. No thanks to this brand of player. We want hard workers and not the quick fix.
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10:43 AM on 02/24/2012
It's clear why fans of many teams would have resentment against Braun given their own high profile cases and tainted histories (and the Brewers certainly aren't clear in that regard either), but isn't it great that someone in MLB leaked this story so that he could be tried in the court of public opinion and you could draw the conclusion that he is a "cheat."

Braun probably won't bother, but the union could have a case against MLB related to the release of testing results before Braun was allowed to go through due process, not to mention the release of protected health information.
12:15 PM on 02/28/2012
The "leak" said he tested positive for PED and was 100% correct and still is. There is no dispute on that. In most areas of news gathering, a leak is simply a source and I'm glad we have them or we may not know the truth on many subjects. And since when do we have to wait until all apppeals are exhausted to hear news? so we can't hear the verdict of a court case before the appeals run out? come on..Until Braun can come up with an answer as to why he tested positive he will be held gulity by most fair-minded people.
04:29 AM on 02/24/2012
Baseball players make too much money. There ought to be a mandatory tax for the less fortunate in the country .... ill children who are born into the world, not gifted physically or mentally, should have assistance. If that were to transpire then I would become a fan again of players and sports organizations. In my view, we do not give back to society enough ....
PatrioticUSGlory
Lawyer, Market Analyst, Economist
04:28 AM on 02/24/2012
So Rick Braun wins on a legal technicality.
06:34 AM on 02/24/2012
Wow! Thanks for clearing that up for us.
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10:12 AM on 02/24/2012
LMFAO!!