December 20, 2011
Braun Possibility

One possibility I heard from a very credible source today was that there’s a new possibility for Ryan Braun. Forget all the talk about “false positives” and “medications”; I’ve gone over why those defenses probably aren’t winners before. This new possibility is focused on the second test. Remember, Braun had an independent testing agency test him according to MLB procedures soon after he was informed of his positive result. There’s issues with this due to the time gap between the “positive” and the “negative.” 

The other issue is that in the MLB test, Braun is said to have shown exogenous testosterone in his system. If his people are arguing that the ratio in his A sample* was faulty, then they have to then argue that the B sample should never have been tested and is therefore “fruit of the poisonous tree.” I’m not sure that’s a winner.

* Let’s be clear here: There are THREE tests we’re talking about:

A Sample: First MLB test, T/E ratio showing exceptionally high ratio

B Sample: Second MLB test, GC-IRMS test showing exogenous testosterone

(Both the A and B sample were collected at same time, from same “donation.”)

Second Test: Independent test, T/E ratio below 4:1

The new possibility is that Braun and MLB could agree to set aside the adverse analytical finding due to question about the testing procedure in return for Braun being placed in the accelerated testing program. That program allows for significantly more random tests, both in and out of competition. In at least one case, MLB has done something similar, though the previous case was challenged on chain of custody, not accuracy of testing. Assuming Braun remains negative for a period of time (likely a full year), the adverse result would be set aside. Think of it as drug testing probation.

On one hand, MLB would be setting itself up with a bad precedent. Anyone could challenge testing, hoping to get leniency. It could be seen as a weakening of penalties (though there’s been remarkably little outcry over Manny Ramirez’s reduction). On the other hand, it could be a chance to shine a little light on the program. If Braun truly wants public exoneration, he should make public the dates of his tests. He could simply tell the beat writers each time the tester shows up. “Peed in a cup today!” he could tell Tom Haudricourt. Seeing the process more clearly would help Braun and MLB get past this.

I’m torn on my response to this and I’m sure MLB would be as well. If they do pursue this type of agreement, they need to increase transparency as to not set back the gains of the drug testing program.

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