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Baseball Primer Newsblog — The Best News Links from the Baseball Newsstand Sunday, December 11, 2011Source says Braun’s test not for PED
Thanks to Ed. Repoz
Posted: December 11, 2011 at 08:35 PM | 47 comment(s)
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1. Esoteric Posted: December 11, 2011 at 08:49 PM (#4013512)Riiiiiiiiiiiiiiiiiiiiiiiiiiiiiight.
That's not all that hard to believe, is it? We're constantly told that the dopers are a step ahead of the detection schemes, and it's certainly not impossible that Braun is on some sort of new regimen. That would also explain why he would be "dumb enough" to dope, if he was led to believe that whatever he was going was new and undetectable.
I mean, I'm not saying that's what happened, because obviously I don't know. But it doesn't seem all that far-fetched.
Braun told the Milwaukee Journal Sentinel on Saturday that he's "completely innocent" of the PED charge, claiming the test results were a false positive. Yahoo! Sports' Jeff Passan spoke to an expert that said false positives results are almost impossible using MLB's carbon-isotope-ratio test. Thompson's source, however, said Braun's case involves "highly unusual circumstances." Braun will probably enlist doctors and health experts in appealing his 50-game suspension, but players are 0-for-13 against Major League Baseball in PED test appeals. While his test results are highly unusual, enough so to potentially call into question the test results, Braun has very little chance of winning the appeal. Source: New York Daily News Dec. 11 - 5:32 pm et
Shouldn't that have been 'once you eliminate the possible'?
Is this known to be true?
Assuming that the source for Ms. Thompson's piece is a doctor and leaking results or information, are they in violation of federal HIPAA laws (or state laws which can be different)? Should they be allowed to keep their license and/or work with MLB? if the tests were done by the WADA labs in Montreal. does that change the legal background?
Or is this matter all high-test BS?
A more accurate version of the famous quote would be "Once you eliminate the impossible, whatever remains contains somewhere among it the truth."
Ryan Braun's new intro song.
I don't know why, but now I have Billy Gunn's theme song stuck in my head.
It's a strict liability standard. If MLB proves that the test was positive for a prohibited drug that's the whole case. There's no intent requirement. So, if a player can prove he took an adulterated sample of an over-the-counter GNC product and he can provide the bottle which can be cross checked, it doesn't matter. There are no affirmative defenses available. Positive test=penalty. There is no mitigation of penalty. It is a mandatory minimum and mandatory maximum.
There are very few criminal offenses that are strict liability. Almost all require a mental state (mens rea) in addition to the conduct (actus reus). The most common across all jurisdictions is statutory rape. If you have sexual intercourse with someone younger than the age of consent it doesn't matter if you made a mistake of fact and thought she was older or that she consented. There is no requirement for you to have desired to break the law or known about the law. Just breaking it is enough.
That's what I thought when I read that.
However, I find it hard to believe that the Player's Union agreed to that with not provision for justification. After all, as has been mentioned before, here and elsewhere, steroids play, and will continue to play increasingly, a greater role in medicine. I could see where the burden would shift to player to show that he has a defense--but no defense or justification exception at all? Wow.
If they are using banned substances for medical reasons, they are to notify the league at the time.
They're banned because they are potentially masking agents.
There's also one hockey player who tested positive for enhancing his hair growth. Propecia -- also banned as a masking agent.
Yeah, true, but you know doctors do a lot of things and are often not specific about what it is they do or what's in the stuff you are to take--and that's not even considering that he often delegates all that to his assistants, staff, and technicians. Generally, when it comes to medicine, #### happens. A lot of what patients take are cocktails. Too, it's hard enough getting providers to even check to see if your insurance covers something--but, yeah, I guess you're right..
Yeah, I can see things can get really hairy.
Pressure from the sponsors drove this.
I guess this explains Dustin Pedroia's hair.
For a guy like Braun who knows he is tested randomly and that knows there is a lengthy list of banned substances why would you take anything without first clearing it with the league office, whether prescribed or from GNC. And, if it's prescribed why not have your doctor coordinate with the league's medical office.
Wouldn't be the first male athlete.
I'm not any kind of libertarian and I understand safety issues, and this still sounds like life in hell.
Well, with steroids you lose a little juice and you gain a few eggs. Looks like a wash to me.
In practice, it sounds like telling your supervisor if you're taking any drugs.
Honestly, if I were working in a machine shop, say, I'd prefer the bright line standard. Lack of ambiguity reduces the number of ways you can be pressured to work impaired.
Good news for Braun, the players are due.
While that's mainly true, it is my understanding that it isn't entirely accurate. If the player can show that the test was the result of taking something he had no rational reason to believe could've caused the positive, he's not liable.
Thus, taking a supplement that contains an unlisted ingredient that results in a positive test is *not* an excuse (because it isn't completely irrational to think that a supplement could contain something). OTOH, if it comes from something like an apple that was tainted, that could be a defense.
Quien es mas macho?
Fernando Lamas finally topped.
Braun or schoolbus?
Are the people running the tests necessarily medical doctors? Plenty of people with various non-MD science degrees do testing lab work.
Further, the samples are tested at the WADA lab in Montreal. So, if the leak did come from the lab, US law doesn't apply. The leak could have come from a MLB doctor here in the US though.
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