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.

"As a practical matter, the commissioner was compelling Jenkins to jeopardize his defense in court. While this may not actually violate any principles of constitutional or criminal law, it offends the moral values of our society on which the legal privilege against self-incrimination is based," Goetz wrote.

He said players should not be required to prove their innocence because "this approach would stand the requirement of just cause for discipline on its head."

In the Biogenesis case, an arbitrator would have to rule whether refusing to answer questions while no criminal charges are pending may be penalized under the "just cause" provision of the drug agreement.

Horowitz, a veteran of baseball and NHL salary arbitration cases, was appointed baseball's arbitrator in June last year. Shyam Das, who had served since 1999, was fired in May 2012, three months after overturning a 50-game suspension imposed on Braun. Das ruled the urine sample of the Milwaukee star was not handled by the drug collector in the manner specified by baseball's drug agreement.

  • get related content delivered to your inbox

  • manage my email subscriptions
Final123456789RHE
Cleveland «0020320007140
Minnesota010010000272
@Ballpark Replay
Preview | Matchup | Lineup | Log | Wrap | Box
W:C.Kluber(17-9) L:A.Swarzak(3-2)
HR: CLE- None MIN- None

ADVERTISEMENT

Toronto - LP: D. Hutchison 2 FINAL
NY Yankees - WP: M. Tanaka 5
Washington - WP: S. Strasburg 2 FINAL
Miami - LP: N. Eovaldi 1
NY Mets - WP: J. deGrom 10 FINAL
Atlanta - LP: E. Santana 2
Boston - WP: J. Kelly 3 FINAL
Baltimore - LP: M. Gonzalez 2
Milwaukee - LP: W. Peralta 0 FINAL
Pittsburgh - WP: V. Worley 1
Chicago WSox - WP: J. Danks 10 FINAL
Tampa Bay - LP: N. Karns 5
Cleveland - WP: C. Kluber 7 FINAL
Minnesota - LP: A. Swarzak 2
Detroit - LP: R. Porcello 2 FINAL
Kansas City - WP: J. Guthrie 5
Seattle - LP: H. Iwakuma 3 FINAL
Houston - WP: C. McHugh 8
Los Angeles - WP: C. Perez 8 FINAL
Chicago Cubs - LP: J. Turner 5
Texas - WP: S. Tolleson 2 FINAL
LA Angels - LP: H. Street 1
Philadelphia - LP: M. Gonzalez 6 FINAL
Oakland - WP: S. Doolittle 8
San Francisco - LP: R. Vogelsong 2 FINAL
San Diego - WP: I. Kennedy 8
Arizona - LP: W. Miley 3 FINAL
Colorado - WP: C. Bergman 8
Cincinnati - WP: A. Simon 7 FINAL
St. Louis - LP: L. Lynn 2
San Diego 22 FINAL
Buffalo 10
Dallas 34 FINAL
St. Louis 31
Washington 34 FINAL
Philadelphia 37
Houston 17 FINAL
NY Giants 30
Minnesota 9 FINAL
New Orleans 20
Tennessee 7 FINAL
Cincinnati 33
Baltimore 23 FINAL
Cleveland 21
Green Bay 7 FINAL
Detroit 19
Indianapolis 44 FINAL
Jacksonville 17
Oakland 9 FINAL
New England 16
San Francisco 14 FINAL
Arizona 23
Denver 20 FINAL
Seattle 26
Kansas City 34 FINAL
Miami 15
Pittsburgh 37 FINAL
Carolina 19
Chicago 7:30 PM
NY Jets
NY Giants 9/25/14 7:25 PM
Washington
Columbus 4 FINAL
Carolina 3
Buffalo 0 FINAL
Washington 1
St. Louis 3 FINAL
Columbus 4
Calgary 1 FINAL
Edmonton 3
Edmonton 0 FINAL
Calgary 1
Old Dominion 45 FINAL
Rice 42
Troy 0 FINAL
(12) Georgia 66
Georgia Tech 27 FINAL
Virginia Tech 24
Eastern Mich 14 FINAL
(9) Michigan State 73
Iowa 24 FINAL
Pittsburgh 20
Bowling Green 17 FINAL
(19) Wisconsin 68
Maryland 34 FINAL
Syracuse 20
Tulane 13 FINAL
Duke 47
Hawaii 12 FINAL
Colorado 21
Marshall 48 FINAL
Akron 17
North Carolina 41 FINAL
(23) East Carolina 70
Army 21 FINAL
Wake Forest 24
Virginia 33 FINAL
(20) BYU 41
(6) Texas A&M 58 FINAL
SMU 6
Rutgers 31 FINAL
Navy 24
Central Mich 10 FINAL
Kansas 24
Utah 26 FINAL
Michigan 10
Florida 21 FINAL
(3) Alabama 42
Louisville 34 FINAL
FIU 3
Fla Atlantic 19 FINAL
Wyoming 20
Indiana 31 FINAL
Missouri 27
San Jose St 7 FINAL
Minnesota 24
Texas State 35 FINAL
Illinois 42
Massachusetts 7 FINAL
Penn State 48
Georgia State 14 FINAL
Washington 45
Appalachian St 20 FINAL
Southern Miss 21
(14) Miss State 34 FINAL
(17) LSU 29
Northern Ill 14 FINAL
Arkansas 52
Middle Tennessee 17 FINAL
Memphis 36
Utah State 14 FINAL
Arkansas State 21
Miami-Ohio 24 FINAL
Cincinnati 31
Idaho 24 FINAL
Ohio U 36
Ball State 23 FINAL
Toledo 34
(13) So Carolina 48 FINAL
Vanderbilt 34
(4) Oklahoma 45 FINAL
West Virginia 33
Ga Southern 28 FINAL
South Alabama 6
UNLV 14 FINAL
Houston 47
Miami-Florida 31 FINAL
(21) Nebraska 41
New Mexico 38 FINAL
New Mexico St 35
Clemson 17 FINAL
(1) Florida State 23
California 45 FINAL
Arizona 49
San Diego St 7 FINAL
Oregon State 28
(2) Oregon 38 FINAL
Washington St 31
Louisiana 9 FINAL
Boise State 34
Texas Tech 9/25/14 6:30 PM
(24) Oklahoma State
Appalachian St 9/25/14 6:30 PM
Ga Southern
(11) UCLA 9/25/14 9:00 PM
(15) Arizona State
Middle Tennessee 9/26/14 7:00 PM
Old Dominion
Fresno State 9/26/14 7:00 PM
New Mexico
Texas-El Paso 9/27/14 11:00 AM
(25) Kansas State
Tennessee 9/27/14 11:00 AM
(12) Georgia
Vanderbilt 9/27/14 11:00 AM
Kentucky
Wyoming 9/27/14 11:00 AM
(9) Michigan State
Northwestern 9/27/14 11:00 AM
Penn State
TCU 9/27/14 11:00 AM
SMU
Iowa 9/27/14 11:00 AM
Purdue
Tulane 9/27/14 11:00 AM
Rutgers
So Florida 9/27/14 11:00 AM
(19) Wisconsin
Colorado State 9/27/14 11:30 AM
Boston College
Western Mich 9/27/14 11:30 AM
Virginia Tech
Maryland 9/27/14 12:30 PM
Indiana
Akron 9/27/14 12:30 PM
Pittsburgh
Bowling Green 9/27/14 2:00 PM
Massachusetts
Arkansas 9/27/14 2:30 PM
(6) Texas A&M
Kent State 9/27/14 2:30 PM
Virginia
Western Ky 9/27/14 2:30 PM
Navy
Minnesota 9/27/14 2:30 PM
Michigan
Wake Forest 9/27/14 2:30 PM
Louisville
FIU 9/27/14 2:30 PM
UAB
(1) Florida State 9/27/14 2:30 PM
NC State
Miami-Ohio 9/27/14 2:30 PM
Buffalo
Colorado 9/27/14 3:00 PM
California
Louisiana Tech 9/27/14 3:00 PM
(5) Auburn
Texas 9/27/14 3:00 PM
Kansas
Temple 9/27/14 3:00 PM
Connecticut
(16) Stanford 9/27/14 3:15 PM
Washington
TX-San Antonio 9/27/14 4:00 PM
Fla Atlantic
South Alabama 9/27/14 4:00 PM
Idaho
Cincinnati 9/27/14 5:00 PM
(22) Ohio State
Rice 9/27/14 6:00 PM
Southern Miss
Missouri 9/27/14 6:00 PM
(13) So Carolina
Boise State 9/27/14 6:00 PM
Air Force
North Carolina 9/27/14 6:00 PM
Clemson
Central Mich 9/27/14 6:00 PM
Toledo
Troy 9/27/14 6:00 PM
ULM
New Mexico St 9/27/14 6:30 PM
(17) LSU
Memphis 9/27/14 6:30 PM
(10) Ole Miss
Duke 9/27/14 6:30 PM
Miami-Florida
Texas State 9/27/14 7:00 PM
Tulsa
Washington St 9/27/14 7:00 PM
Utah
(8) Notre Dame 9/27/14 7:00 PM
Syracuse
(7) Baylor 9/27/14 7:00 PM
Iowa State
UNLV 9/27/14 7:00 PM
San Diego St
Illinois 9/27/14 8:00 PM
(21) Nebraska
Oregon State 9/27/14 9:30 PM
(18) USC
Nevada 9/27/14 9:30 PM
San Jose St
Chivas USA 0 FINAL
Toronto FC 3
Toronto 40 FINAL
Brt Columbia 23
Edmonton 23 FINAL
Hamilton 25
Calgary 15 FINAL
Montreal 31
Ottawa 32 FINAL
Saskatchewan 35
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