Thorny Major League Baseball drug probe means we might never know accusations

  • Article by: RONALD BLUM , AP Sports Writer
  • Updated: July 10, 2013 - 6:13 PM

NEW YORK — We may never know exactly what Alex Rodriguez and Ryan Braun are being accused of in Major League Baseball's Biogenesis investigation — if they beat the rap.

That's because details likely will be caught in a tangle of legal gymnastics involving MLB, the players' union and probably an arbitrator, who could rule no discipline is warranted.

Lengthy proceedings make it nearly a certainty most, if not all, suspensions would be served in 2014.

Among the early legal issues: Does the commissioner's office have the right to announce any suspensions before grievances are decided by an arbitrator? Can a player not previously disciplined under the drug agreement be suspended for more than 50 games because of multiple violations?

Three people familiar with the investigation said if management and the union can't agree on the process, arbitrator Fredric Horowitz likely would be asked to decide. The people spoke on condition of anonymity because no public statements were authorized.

MLB has spent most of the year investigating about 20 players for their links to Biogenesis of America, including A-Rod and Braun, both former MVPs. Miami New Times reported in January that the closed Florida anti-aging clinic had distributed banned performance-enhancing drugs to major leaguers.

Lawyers for the commissioner's office have been interviewing players and many, including Braun, have refused to answer questions about their dealings with Biogenesis, the three people said. Braun was interviewed in late June, and Rodriguez is scheduled to be interviewed Friday.

Braun and Rodriguez have said they didn't do anything that merits discipline.

The players' refusal to respond to MLB's questions were first reported by ESPN and the New York Daily News.

MLB hopes to complete the player interviews in mid-July but is not sure whether it will meet that schedule. Management then will have to decide what discipline it intends to impose.

Baseball's joint drug agreement calls for a 50-game suspension for a first offense, 100 games for a second and a lifetime ban for a third. Among the players linked to Biogenesis, Toronto's Melky Cabrera, Oakland's Bartolo Colon and San Diego's Yasmani Grandal have served 50-game penalties following positive testosterone tests.

The drug agreement specifies that if a suspension for a first PED offense is challenged by the union, the violation is not made public unless the penalty is sustained in arbitration. However, discipline for second and third offenses are announced and served while the grievance is litigated.

There also is a provision stating "the commissioner's office may publicly announce the discipline of a player if the allegations relating to a player's violation of the program previously had been made public through a source other than the commissioner's office or a club" or their employees. The sides or the arbitrator will have to decide whether the media accounts of Biogenesis are covered by that clause.

Each player's case probably will be handled in a separate arbitration, which could slow down the process while the sides secure dates before Horowitz or agree to retain other arbitrators.

The three players who already have served suspensions also may claim they can't be penalized under a provision prohibiting multiple disciplines for the same use. In addition, they can't be penalized for conduct that took place before they were given notice of their positive drug test.

It may be difficult to discipline players for refusing to answer questions

Commissioner Bowie Kuhn suspended Ferguson Jenkins in September 1980 after the Texas pitcher was arrested in Toronto and charged with possession of cocaine, hashish and marijuana. Kuhn wrote to Jenkins saying he imposed the penalty because the pitcher "declined to cooperate with this office's investigation."

Following a grievance hearing, arbitrator Raymond Goetz lifted suspension two weeks later.

  • get related content delivered to your inbox

  • manage my email subscriptions
8:10 PM ET123456789RHE
MinnesotaT. Milone (0-1)000
Kansas CityJ. Guthrie (10-10)000
@theBallpark
Preview | Matchup | Lineup | Log | Wrap | Box

ADVERTISEMENT

Chicago Cubs - J. Arrieta 11:35 AM
Cincinnati - D. Axelrod
NY Yankees - H. Kuroda 12:08 PM
Detroit - K. Lobstein
Colorado - J. Lyles 2:45 PM
San Francisco - Y. Petit
Tampa Bay - J. Hellickson 6:05 PM
Baltimore - B. Norris
Atlanta - M. Minor 6:10 PM
NY Mets - J. Niese
Cleveland - C. Carrasco 7:10 PM
Chicago WSox - J. Danks
Minnesota - T. Milone 7:10 PM
Kansas City - J. Guthrie
Texas - N. Tepesch 7:10 PM
Houston - C. McHugh
Oakland - S. Gray 9:05 PM
LA Angels - C. Wilson
Atlanta 5:00 PM
Jacksonville
Detroit 6:00 PM
Buffalo
Indianapolis 6:00 PM
Cincinnati
Kansas City 6:00 PM
Green Bay
NY Jets 6:00 PM
Philadelphia
St. Louis 6:00 PM
Miami
Carolina 6:30 PM
Pittsburgh
New England 6:30 PM
NY Giants
Washington 6:30 PM
Tampa Bay
Baltimore 7:00 PM
New Orleans
Chicago 7:00 PM
Cleveland
Denver 7:00 PM
Dallas
Minnesota 7:00 PM
Tennessee
San Francisco 7:00 PM
Houston
Arizona 9:00 PM
San Diego
Seattle 9:00 PM
Oakland
(21) Texas A&M 5:00 PM
(9) So Carolina
Wake Forest 6:02 PM
ULM
Boise State 7:00 PM
(18) Ole Miss
Tulane 7:00 PM
Tulsa
Temple 8:15 PM
Vanderbilt
Rutgers 9:00 PM
Washington St
Weber State 9:30 PM
(19) Arizona State
BYU 8/29/14 6:00 PM
Connecticut
(6) Jacksonville St 8/29/14 6:30 PM
(8) Michigan State
Bowling Green 8/29/14 6:30 PM
Western Ky
TX-San Antonio 8/29/14 8:00 PM
Houston
Colorado State 8/29/14 8:00 PM
Colorado
UNLV 8/29/14 9:30 PM
Arizona
Penn State 8/30/14 7:30 AM
UCF
Troy 8/30/14 11:00 AM
UAB
(7) UCLA 8/30/14 11:00 AM
Virginia
Western Mich 8/30/14 11:00 AM
Purdue
(5) Ohio State 8/30/14 11:00 AM
Navy
Appalachian St 8/30/14 11:00 AM
Michigan
Ga Southern 8/30/14 11:30 AM
NC State
Boston College 8/30/14 2:00 PM
Massachusetts
West Virginia 8/30/14 2:30 PM
(2) Alabama
Rice 8/30/14 2:30 PM
(17) Notre Dame
(10) South Dakota St 8/30/14 2:30 PM
(24) Missouri
Fla Atlantic 8/30/14 2:30 PM
(22) Nebraska
California 8/30/14 2:30 PM
Northwestern
Marshall 8/30/14 2:30 PM
Miami-Ohio
UC Davis 8/30/14 3:00 PM
(11) Stanford
Arkansas 8/30/14 3:00 PM
(6) Auburn
(16) Clemson 8/30/14 4:30 PM
(12) Georgia
Liberty 8/30/14 5:00 PM
(23) North Carolina
Ohio U 8/30/14 5:00 PM
Kent State
Louisiana Tech 8/30/14 6:00 PM
(4) Oklahoma
Idaho 8/30/14 6:00 PM
Florida
Stephen F Austin 8/30/14 6:10 PM
(20) Kansas State
Fresno State 8/30/14 6:30 PM
(15) USC
Southern Miss 8/30/14 6:30 PM
Miss State
Texas-El Paso 8/30/14 7:00 PM
New Mexico
North Texas 8/30/14 7:00 PM
Texas
(1) Florida State 8/30/14 7:00 PM
Oklahoma State
(14) Wisconsin 8/30/14 8:00 PM
(13) LSU
South Dakota 8/30/14 9:30 PM
(3) Oregon
(25) Washington 8/30/14 9:30 PM
Hawaii
Utah State 8/31/14 6:00 PM
Tennessee
SMU 8/31/14 6:30 PM
(10) Baylor
Miami-Florida 9/1/14 7:00 PM
Louisville
Ottawa 8/29/14 6:30 PM
Montreal
Winnipeg 8/31/14 3:00 PM
Saskatchewan
Toronto 9/1/14 12:00 PM
Hamilton
Edmonton 9/1/14 3:30 PM
Calgary
Brt Columbia 9/5/14 6:30 PM
Ottawa
Calgary 9/6/14 6:00 PM
Edmonton
Connect with twitterConnect with facebookConnect with Google+Connect with PinterestConnect with PinterestConnect with RssfeedConnect with email newsletters

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

question of the day

Poll: How sure are you that the Twins are on the road to improving?

Weekly Question

ADVERTISEMENT

ADVERTISEMENT

 
Close