Braun/Cano/Granderson/ARod failed PED test? Topic

If arbitrators and judges can believe Bosch, MLB will succeed in its suspensions of as many as 20 players. MLB must prepare Bosch to testify in the appeals that will inevitably follow any suspensions. They must rehearse and anticipate vigorous cross-examination. The challenge for the attorneys representing the players and their union will be to find ways to destroy Bosch's credibility. They need look no further than the masterly work of Rusty Hardin, the great trial lawyer from Houston, who destroyed the credibility of Brian McNamee, the trainer who turned against Roger Clemens. Despite documentary evidence to support McNamee's claims, Hardin convinced jurors in Washington in the summer of 2012 that they should reject McNamee's claims. Quickly and unanimously, the jurors found Clemens not guilty.
6/7/2013 12:28 PM
Posted by sergei91 on 6/7/2013 12:12:00 PM (view original):
since cheez keeps bringing up the possession as if it's cut and dried, i'll defer to people who should know more about this that me and paste what they're saying (via espn.com articles):

Even with all we think we know about the case so far, it is not going to be easy for MLB to prove the things it needs to prove to nail A-Rod and Ryan Braun and the alleged 18 others in its crosshairs.

 

 

As far as we know, they have no positive drug samples on any of these players, just some handwritten records from a man whose word is in serious question -- we know that he tried to pass himself off as a doctor -- and who, if the latest reports are to be believed, is desperate for money and willing to sell his story for the best possible deal.

 

 

That automatically casts doubt on anything Bosch tells anyone about anything, the same way Brian McNamee's story about Roger Clemens was forever tainted by a shady past and a clear resentment of the man he was testifying against.

 

 

Maybe Rodriguez is banking on that -- that Bosch is too disreputable a character to bring him down -- and that MLB's case will never convince an arbitrator, the same way a federal prosecutor could not convince a jury that Clemens should go down for perjury.

Possession IS cut and dried per the policy - possession of PEDs is a violation- the question is whether they can prove possession based on what Bosch will give them.  And if they can't and just try to suspend based on them being associated with the clinic, that's a different story entirely.

I didn't  and haven't said that they have enough to suspend them, just that it's possible My primary point is that all of this is a lot of speculation based on what we THINK this guy may or may not have, which is kind of silly since we'll find out soon enough.
6/7/2013 12:41 PM
I actually like the point about MLB having to admit their testing policy failed if they ring these guys up. It's basically acknowledging that they found some really good ways to beat a flawed system.
6/7/2013 2:10 PM
Well, that's pretty silly.  Anyone who is paying attention knows that the cheaters are always ahead of those trying to catch them in this arena.  If testing was supposed to be the end all, be all, why even make possession a violation in the first place.
6/7/2013 2:23 PM

All that being said, I'm not sure why I'm even arguing this, since I wouldn't care if PEDs were legal.

6/7/2013 2:27 PM
ditto
6/7/2013 2:50 PM
Nice excerpt from an interview with the attorney of one of the defendants in MLB's civil suit, accusing MLB of bullying his client and other defendants.

"I understand that they're saying they can't fight a fair fight with the people they are saying violated the contract [the players who are represented by the players' association]," Beguiristain said. "They have to be bullies and go bully the little people. Every named defendant has been bullied by Major League Baseball. Investigators showing up at their houses, what is wrong with these people? Go to the guy's job. Why are you coming and banging on the guy's door? Who do they think they are?"

"Then they're turning around and if what is said in the news is true -- they're basically claiming, 'Well, we'll put in a good word with the government.' What are they saying, 'Work with us and you won't get indicted?' That is arrogant."

Beguiristain wonders whether baseball itself has the juice to limit Bosch's criminal liability. Further, he wonders whether Bosch has the credibility to stand up to scrutiny.

"They say they have everything they need," he said, referencing Major League Baseball. "Bosch's credibility, I don't know. If it's true he is collecting money. If it is true he has bodyguards. If it is true he is running around spending money all over the place. If it is true they are taking care of him. If it is true they are putting in a good word with the feds. Yeah, I think his credibility isn't great. It is worthless.

"And if what they are saying is true and Anthony Bosch is going to say he did this, that and the other, then Anthony Bosch is going to be opening himself up to all kinds of criminal liability. Let's see if Anthony Bosch gets charged. If he doesn't, then Major League Baseball does have all that."

6/7/2013 10:32 PM
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Braun/Cano/Granderson/ARod failed PED test? Topic

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