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Ryan Braun got off on a “technicality?” Bull!

Feb 23, 2012, 6:59 PM EDT

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In almost all cases, the people who say that someone “got off on a technicality” or took advantage of a “loophole” really mean “I think the SOB was guilty and because of that I don’t care if the proper safeguards and protocols were followed!”  It’s a ridiculous stance.

Ridiculous because procedures such as chain of custody and the proper handling of samples — which were not followed in Braun’s case — exist for a reason. That reason is not, contrary to popular grunting, to make it harder for decent prosecutors or authorities to do their jobs. It’s to ensure the integrity of the system. And, in this case, the integrity of the sample. Every detail that is not adhered to presents another opportunity for a sample to be tainted, lost or otherwise compromised. When that happens the test itself is, by definition, unreliable and any reference to what it may or may not have shown is utterly beside the point.

And while that, in this case, may work to Braun’s benefit, in the long run adherence to those procedures is critical to the integrity and efficacy of the drug testing process. And that’s far more important than whatever this means for one man’s drug test.

The response I expect to that is “well, just because procedures weren’t followed doesn’t mean that Braun didn’t take something!”  My response: you’re right.  We don’t know that. And we can’t know that, because the testing program is not nor can it reasonably be expected to be one that decides absolute guilt or absolute innocence.  In this it’s just like the criminal justice system which never determines actual innocence. It determines the lack of guilt. It does this because the burden is on the accuser and not the accused, same as with the drug testing procedure.

Except in the drug testing world the burden is way, way lower than “beyond a reasonable doubt.”  All MLB has to do is take a sample and test it properly, while adhering to a relatively simple set of procedures.  If MLB, in this case, could not be bothered to do even that, then neither it nor anyone else has cause to label Ryan Braun a drug user.

Ryan Braun got off on a technicality?  Bull.  Major League Baseball half-assed it and failed to adhere to the standards it set up for itself.  In that case I have no problem considering Braun to be the less culpable party.  Anyone who says otherwise is more interested in assumptions and the casting of aspersions than they are in a rigorous and legitimate drug testing regime.

114 Comments (Feed for Comments)
  1. Pierre Cruzatte - Feb 23, 2012 at 7:04 PM

    To reiterate: it’s disingenuous to ascribe no significance to whether he got his good result on substantive grounds or whether he got it on a procedural point that doesn’t touch the merits of MLB’s “he took PEDs” position.

  2. dondada10 - Feb 23, 2012 at 7:05 PM

    Karl Ravech of ESPN said the courier didn’t know FedEx was open on Saturday and the sample sat in the fridge for two days, breaching policy of chain of command.

    My question is, though, why would somebody tamper with the sample that came up dirty? I think that’s what the “he got off on a technicality” crowd is arguing.

    It’s not that settled urine spawns additional testosterone.

    • xsturmin8 - Feb 23, 2012 at 7:20 PM

      The issue isn’t that the courier tampered with it (he probably didn’t). The issue is that because the protocol wasn’t followed, we can’t know what happened to that sample over the two days. The onus is on the league and the testers to positively demonstrate that a sample is pure and properly tested, and they can’t positively demonstrate that when the procedures for ensuring it are violated.

      Ryan Braun may very well have taken steroids, but now we’ll never know for sure. You can’t drag a player’s name and legacy through the dirt, punish him and his team by taking him out for a third of the season, and tarnish the MVP without a guarantee that nothing about the sample changed from the processional violation.

      • ptfu - Feb 23, 2012 at 7:26 PM

        Right. MLB dropped the ball in not following its protocol, and in prematurely/unnecessarily messing up Braun’s name and legacy. Does Braun now have a case against MLB? Can he somehow show his besmirched legacy has resulted in material damages or loss of income, and then sue baseball?

      • The Baseball Idiot - Feb 23, 2012 at 7:33 PM

        I doubt that MLB actually does their own testing. I’m pretty sure they hire and outside company for that.

        And issues like that will be written into the contract, because everyone knows it can happen.

    • bigleagues - Feb 23, 2012 at 7:52 PM

      You seem to suggest that the courier/tester knew the sample was dirty before testing it. I haven’t read that at all, and really that doesn’t make any sense.

      The things is the tester/courier could have been a cuckoo Cards fan with a grudge. Or he could have had a party and thought it to be funny to proclaim “Ryan Braun’s at my party!” while holding up his urine sample. Only to have his body builder buddy (also a cuckoo Cards fan) drop some of his syn-T pee in it in an effort to better his chances in a playoff bet.

      We don’t know WHAT happened to the sample (but perhaps MLB and/or the MLBPA does).

      But what’s craziest about all of this is FedEx Office Centers are, in fact, OPEN 24/7. I was just in the local one last night – after 10 PM and observed the neon “OPEN 24 HOURS” sign in the window – and the look of two over-caffeinated sleep deprived workers behind the counter.

      And I have to say, FedEx finally updated all the equipment and color copies r way cheaper now (as long u use the self-help machines). In any event, it sounds as if the courier f’ed up royally.

      • cur68 - Feb 23, 2012 at 8:18 PM

        And there’s the problem, right there. Even someone as naive as I know FedEx is open 24/7: I’ve had to ship bound manuscripts urgently, at 0’darkthirty. Thank DOG they’re open all hours, too. I’d imagine if it was my JOB to ship stuff (stuff I wouldn’t even have outside a toilet in my house, let alone in my own, personal refrigerator [still shuddering over “a little part of Vicente Padilla home with you”]) I’d damn well know that FedEx was 24/7. That “took it home for 2 days” stuff is more suspect than Ryan Braun’s fresh urine.

      • protius - Feb 23, 2012 at 8:46 PM

        Naïve is not the word I’d use to describe a person who knows that FedEx is open 24/7, and is thankful to God that it’s open all hours too.

        Must be another Fordham graduate wrestling with a conundrum.

      • smoothaswilkes - Feb 23, 2012 at 9:55 PM

        If your job is to get a urine sample to FedEx but you didn’t think it was open, why don’t you, I don’t know, look it up, right? No access to the Internet? Try 411 on that cell phone in your pocket. No cell phone? Try that phone in the office where the sample sat for two days….

      • cur68 - Feb 23, 2012 at 10:34 PM

        @protius: More to the point, if you weren’t so concerned with trying to score snobbery points off of me, you’d notice that last bit, rather than that I was handling some bound copy (my wife’s PhD thesis [which had to go to Australia, and be there by a certain date] has no reflection on me beyond that of an appropriately concerned husband doing a chore for their wife). For a retired archaeologist, such as yourself, who took such great pains to let all and sundry know your former occupation (*massive eye roll*), I’d think you’d be immune to another’s academic standing….since you’re all learned up and accredited yourself, y’see.

        PS. Ironically, I do believe Gator went to Fordham. You should be sure and talk to him about it. Mind you, if you persist in your attempts to denigrate others, rather than add anything to these discussions, I dare say it’ll be a case of “prove it” if it comes down to competing degrees. I’m confident he can for his. You I’m not so sure of.

      • protius - Feb 23, 2012 at 11:10 PM

        @protius blah blah blah, score snobbery points, blah blah blah. I was handling my……., blah blah blah, had to go to Australia, blah blah blah concerned husband blah blah blah. Retired archaeologist blah blah blah, learned up blah blah blah. Gator went to Fordham ha ha ha, denigrate others blah blah blah, prove it blah blah blah, not so sure.

        Dear Urkel yada yada yada, many many words, yada yada yada you still don’t get the point yada yada yada, you can’t take a joke yada yada yada, I went to Columbia, yada yada yada, a real institute of higher learning, yada yada yada. Fordham yada yada yada, that’s a real joke.

      • Gamera the Brave - Feb 24, 2012 at 12:09 AM

        Boy, you sure showed cur68!

      • protius - Feb 24, 2012 at 3:40 AM

        Gamera the Brave, is that a Dungeons and Dragons name? So, what powers do you have? Can you conquer Utley the Humdinger?

      • cur68 - Feb 24, 2012 at 4:17 AM

        Ah, never mind that idiot protius, Gamera. He’s some sort of insignificant dolt with a persecution complex. Probably best to just ignore him from here out.

      • protius - Feb 24, 2012 at 4:36 AM

        OK, if you say so.

      • protius - Feb 24, 2012 at 4:44 AM

        This is too easy, are you still going on about your FedEx comment? Listen, I didn’t write it, you wrote it. I just teased you a little because it sounds so dorky. What’s the matter with you, can’t you take a little good natured kidding?

        The bottom line is: You wrote it chump, so wear it like a man and stop whining like a little girl.

        And what’s with the ad hominem attack? Are you getting frustrated? Gee, things must be tough at Walmart these days, even the cashiers are getting testy.

      • Gamera the Brave - Feb 24, 2012 at 12:28 PM

        my rather randomly selected handle refers to a 250-foot-tall, flying, saber-toothed, fire-breathing turtle, made famous by a Japanese movie studio NOT called Toho. Who kicks ass and can do gymnastics.

      • Gamera the Brave - Feb 24, 2012 at 12:31 PM

        Oh, and never had the pleasure of playing Dungeons and Dragons – although I was certainly aware of it in my youth, as the bookstore I worked at during my college years had a LOT of D&D books. I just never saw the appeal of role-playing games…

      • protius - Feb 24, 2012 at 9:14 PM

        I played D&D for 2 months or so while at university. It is a lot of fun, but it took up a lot of my time and unfortunately, time was something I had little to spare in those days.

        We played once a week, and I think I was Gimli (or not), a character from Lord of the Rings. We played it as a board game. We used dice to determine moves, and hits and degree of power etc. I think there were also cards used to determine other things that I just don’t remember any more. But I do remember it lasted long into the night, and beer and pizza were involved.

      • protius - Feb 25, 2012 at 5:36 AM

        Don’t mind me, I’m just practicing a few things.


      • protius - Feb 25, 2012 at 5:38 AM


      • protius - Feb 25, 2012 at 5:40 AM


    • larryboodry - Feb 23, 2012 at 8:18 PM

      How would the courier know whether the sample was clean or dirty? And if he knew the result either way, his potential tampering could be based on any number of factors, such as personal like (or dislike) for Braun, or which NL Central team he roots for. Not saying this is what happened, but it does raise doubt about the integrity of the test…And regardless of the original result, he had to know that taking the sample home with him was a severe breach of protocol.

      • bigleagues - Feb 23, 2012 at 11:26 PM

        Yeah, this is a, we need – no demand – further info kind of story. I have been on the Braun-will-be-cleared bandwagon since the beginning of this.

        However, I still want to know how and why.

        And now I will tell the following tale . . . phlebotomists are just as likely to be fine upstanding citizens as they are to have a screw loose. Now phlebotomists are not likely to be the one who is collecting and transporting a urine sample – but it is does happen on occasion. I know of this because one of my friends was a medtech in the SEALS. He finishes his duty, comes home and immediately dives into, shall we say, an alternative lifestyle. I heard a few stories that would change your political outlook for good. But basically he’s so traumatized he can’t sleep at night. So he used his own sleep aid.

        Anyway, by day my friend is known as the best phlebotomist in the County – constantly being called to area hospitals to get veins that other staff phlebs failed to get. By night, he’d inject HIMSELF with sodium pentothal (that’s an anesthesia often used for surgeries) – you don’t get high from sodium pentothal – you go straight to passed out.

        Anyway, come to find out, a large number of the people that worked for the lab he worked at (MAJOR national lab testing company, btw) are either drug addicts or borderline nutjobs.

        Incidentally, ‘Ryan’ eventually shook off a lot of the nightmares, but it took years. He is happily married with kids and does something totally legal and far away from the medical field.

        All this is to say that this story about Braun’s sample being mishandled does not surprise me.

        And this just dawned on me . . . here is where MLB is probably VERY nervous . . . the next time an MLB star gets caught legitimately – whats to stop that player from hiring an intermediary to track down the courier and negotiate a very handsome reward for raising doubt about ‘chain of custody’? Because afterall, isn’t investing $100,000, or even $250,000 in sabotaging the testing worth avoiding a suspension and the embarrassment?

        Manny? Ya taking notes?

  3. okwhitefalcon - Feb 23, 2012 at 7:07 PM

    I’m looking forward to “Chain of Evidence Fed Ex Bobble Head Night”, should be a hoot.

    • bigleagues - Feb 23, 2012 at 7:55 PM

      Free Urinalysis Testing Night, Sponsored by Quest DiagnosticsYour Corporate Employee Oppression Partner.

  4. xsturmin8 - Feb 23, 2012 at 7:08 PM

    Amen brother! Due Process is there for a reason.

  5. Justin - Feb 23, 2012 at 7:09 PM

    How many times ya think this dude is getting tested next year?

    • The Baseball Idiot - Feb 23, 2012 at 7:34 PM

      Well, since it’s random and he’s never tested positive, the same amount of times as any other player.

      • hammyofdoom - Feb 23, 2012 at 7:51 PM

        I highly doubt that its truly random, remember how Jose Bautista came out and said he got tested a ridiculous amount of times over the past 2 years? Kind of like how airport personnel would “randomly” check people… many of whom happen to have names that sounded middle eastern.

      • schuch10 - Feb 23, 2012 at 8:10 PM

        HAHAHAHAHA. Yeah, it is so random, Jose Bautista was magicly tested more times in his breakout season that he had been in the rest of his baseball career.

    • bigleagues - Feb 23, 2012 at 7:57 PM

      The random part is more in reference to when they come, than who they come for.

  6. garlicfriesandbaseball - Feb 23, 2012 at 7:10 PM

    What I don’t get is why everyone’s so ticked off about this? Is it because MLB, like the government, can do no wrong and if the charge is brought he must be guilty of something? Or is it because this now opens up the entire concept of PED’s being suspect? Kudos to Ryan Braun for challenging this and putting forth his case. He stated his case and they could not prove it beyond a reasonable doubt. Case Closed. Get over it.

  7. greej1938l - Feb 23, 2012 at 7:10 PM

    Hes not guilty bro…quit being a hater and deal with it!!

  8. jlove42 - Feb 23, 2012 at 7:11 PM

    Perfectly put. Even better if you end with “The defense rests”

  9. eaglebobby - Feb 23, 2012 at 7:11 PM

    Actually, I have a problem with how the arbitration board is set up. You should have 3 independent lawyers or judges, or whomever sits on these boards with a rep from MLB and MLBPA allowed to sit in and hear the evidence. To have one arbitrator from each of MLB and MLBPA is ridiculous, because every case is going to be split down so called party lines and it will always be up to the neutral party to cast the deciding vote. Why can’t all three be neutral parties?

    • djpostl - Feb 23, 2012 at 7:49 PM

      Yeah, I deal with arbitration cases all the time and the first thing that jumped out at me was the odd set up they use. Each side should argue it’s case, but not be given a vote.

    • danrizzle - Feb 23, 2012 at 7:52 PM

      On this, the CBA’s arbitration clause for steiroid grievances probably says that each side shall appoint one arbitrator, who shall be responsible for working together to appoint the third. The three lawyers or three judges thing is great in theory, but who picks them? It’s probably hard enough for the sides to agree on the third arbitrator, much less to find an entire panel that everyone can agree upon. Dispute resolution techniques like arbitration are meant to encourage the speedy disposition of matters, which is more valued than getting an absolutely perfect result (due to concerns like spring training is starting and the proposed punishment is a 50 game suspension so we need to resolve this NOW). So what you get is one arbitrator deciding the case, for better or worse.

  10. Chris Fiorentino - Feb 23, 2012 at 7:13 PM

    His sample was tainted. Period. If you think he didn’t get off on a technicality, then you are essentially saying someone tampered with his sample. It is what it is. He cheated and got lucky Craig. He should thank his lucky stars. This is one instance I will agree with the BBWAA when they label him a cheater for all time. Sorry Brewers fans. Your MVP was dirty and got caught.

  11. Walk - Feb 23, 2012 at 7:13 PM

    What happened to all those b samples people kept telling me were taken when i explained how the collection processed worked for the military units i worked for? How about when it was explained that no matter how this turned out people would still consider braun a cheater? I remember the rebuttal there too. I was told that it would mean the testing process worked and that would be all it meant. My point was a number of people would consider him a cheat no matter any verdict rendered. So in summary Ha HA. People are going to be people no matter what, some will always rush to judge and no matter the actual outcome they will not change thir opinion though their stance may change from he is guilty to he is just not innocent.

  12. gator2006 - Feb 23, 2012 at 7:15 PM

    dude definitely took it home and “taint”ed it if you know what I mean

  13. chogg13 - Feb 23, 2012 at 7:16 PM

    This may sound crazy, but I reported that the test was mishandled last week after hearing from a source with knowledge of the situation. I’m 100% serious about this too! Check it out here:

    • bigleagues - Feb 23, 2012 at 8:01 PM

      I don’t know why Curt is getting the thumbs down . . . read his blog . . . posted on Valentines Day.

      Dude pretty much nailed the story – doesn’t matter that they were anonymous sources because the info was almost entirely consistent with the reports out today.

      Nice work Curt!

      • chogg13 - Feb 23, 2012 at 8:03 PM

        Thanks man!

      • csanboysmith - Feb 23, 2012 at 8:23 PM

        No kidding….Dude had the SCOOP on Ryan Braun 9 days ago! He should be celebrated as the “Jeremy Lin of Media” for coming out of nowhere with this story…doesn’t matter, ESPN broke this news today we all know that, right? smh

  14. garlicfriesandbaseball - Feb 23, 2012 at 7:17 PM

    What I don’t get is why everyone’s so ticked off about this. Is it because, if the charges are brought against you, you must be guilty of something? Or is it because ped’s testing, in the past and the future, cannot absolutely be proven infallible like MLB has been trying to assert? Maybe you think this might have some sort of influence over the existing cases being tried now in the courts and also in public opinion. Well, I for one am thrilled with the results and kudos to Ryan Braun for challenging this test. Shame on you for refusing to accept the results of the challenge.

    • hijackthemic - Feb 24, 2012 at 1:12 AM

      In case you hadn’t noticed, people have a lot of neuroses that can cause them to scream at the TV or the internet about stuff that happens on earth that doesn’t involve them in any way, and quite possibly is about something inconsequential like grown men who play games for a living. It’s not the reasonable, thinking-it-through parts of their brains that are deciding to do this.

  15. vanmorrissey - Feb 23, 2012 at 7:17 PM

    Yep, Craig, MLB screwed up big time especially in it getting leaked. Atrocious. Imagine, all those times he came up negative, like almost 100% of every other player tested, and the one time we really hear something is the NL MVP testing positive for a totally unrealistic amount? Now if his ratios were like 10 to 1, even 8 to 1, whatever, but like 50 to 1? MLB really blew this one.

    • Chris Fiorentino - Feb 23, 2012 at 7:21 PM

      The only thing that MLb did wrong was hire that moron to drop off the sample. If he hadn’t kept it in his fridge for two days, Braun would be serving his rightful 50 game suspension. But because of the incompetence of one person, Braun gets off. Those are just the facts.

  16. ezthinking - Feb 23, 2012 at 7:23 PM

    Craig can probably tell you about DUI blood samples; that when not properly prepared, stored and tested, the alcohol level will rise in the tube.

    There is a clear policy for MLB testing and it wasn’t followed. The results are not then trustworthy. If you permit corners to be cut, then the why have a policy? Why expect the players to follow the rules if MLB can’t.

    Good for Braun, but more importantly, this is good for baseball to understand that everyone must follow the rules or there are consequences.

  17. wetmorepsu12 - Feb 23, 2012 at 7:24 PM

    if braun wants any shot at being close to fully exonerated by the public, he needs to come out and explain to the people why his testosterone levels were so high. ill admit im skeptical. also, why are there only 3 people on the arbitration panel? should be more like 7 or 9. we all know the 2 for MLB and MLBPA are going to be with their respective sides. should have more than 1 person decide the outcome.

    • ezthinking - Feb 23, 2012 at 7:32 PM

      That’s what Braun says he is going to do tomorrow. I don’t know what he will say other than “I didn’t take anything impermissible and who knows what happened to my sample that sat in some dudes fridge for two days.”

  18. bigtimepackfan - Feb 23, 2012 at 7:28 PM

    is the sample collector a cubs fan or just a idiot?

    • larryboodry - Feb 23, 2012 at 8:37 PM

      Just an idiot…A Cubs fan would have waited for 2014 or so, when Theo Epstein’s rebuilding plan actually starts to show positive results. (No pun intended!)

  19. garlicfriesandbaseball - Feb 23, 2012 at 7:28 PM

    Kudos to Ryan Braun for challenging this in the first place. What’s everyone so ticked off about? Is it because if the MLB brings charges against you “you must be guilty of something?” Or maybe it’s because there’s a fear if the MLB loses this one they might lose the others that are in the process of being challenged and we really want those big fish to hang. The verdict’s in ~ get over it!

  20. enigk - Feb 23, 2012 at 7:29 PM

    So MLB doesn’t put a tamper-evident seal on the container to indicate it hasn’t been opened and subsequently altered? If not, it’s their own dumb fault. I used to work at a lab that tested race horse piss and *they* sealed all containers to ensure they hadn’t been opened before getting to the lab.

    • The Baseball Idiot - Feb 23, 2012 at 7:38 PM

      That’s why there is a chain of custody. To ensure no one breaks the sea, pours it into another bottle while doing something to it, or changing it, or whatever, and then resealing it.

      Anyone who has access to the sample while alone has the chance to tamper with it.

  21. Ben - Feb 23, 2012 at 7:36 PM

    If he in fact tested positive for synthetic testosterone then I think it’s harder to make the case that it’s bull. I agree we can’t know for sure, but pretty much the only way for synthetic testosterone to end up in the sample is if it was tampered with. And then you’re left in the uncomfortable position of arguing someone conspired against him and tampered with the sample.
    But, they obviously blew the chain of custody. It’s on them, ultimately, not Braun.

    • churchoftheperpetuallyoutraged - Feb 23, 2012 at 8:46 PM

      Luckily for Braun he doesn’t have to make the full blown accusation, he can just say something like “I passed all the tests before, I passed them all after, so why is this one test so out of whack? Discuss amongst yourselves”

  22. mattjg - Feb 23, 2012 at 7:37 PM

    I’m not sure I agree completely, Craig. The burden of proof for the MLB is certainly below beyond a reasonable doubt, but the burden of proof in the court of public opinion is lower than even that.

    I have yet to hear a scientist or doctor weigh in. I have on question: can improper storage make testosterone levels rise? If the answer is yes, then clearly the court of public opinion has no right to cast aspersions on Braun.

    If the answer is no, on the other hand, it’s a different story. MLB should be forced to abide by chain of custody rules and Braun should not be suspended no matter the answer. In an ideal world, Braun is not suspended and we never know what happened. However, the public can’t unknow that Braun tested positive, no matter how despicable the leak was. If improper storage cannot cause testosterone levels to rise on a test, the public has every right to believe that Ryan Braun used steroids and that he got off on a technicality.

    I see nothing wrong with getting off on a technicality; it is better that 1,000 steroid-users go free than that 1 is wrongly suspended (no matter what MLB and the Congresspeople pressuring MLB say). It’s much more important that MLB have a fair and transparent process than that they catch every steroid-user. However, that doesn’t mean I can’t believe Ryan Braun violated MLB’s rules and that he escaped punishment on a technicality.

  23. wvugrad00 - Feb 23, 2012 at 7:40 PM

    for all those calling BS, I bet you wouldn’t call BS if evidence against your were mishandled. Then it would be the man just trying to screw you over, but because this is an athlete vs his league oh he is guilty

    • foreverchipper10 - Feb 24, 2012 at 1:55 PM

      I couldn’t agree more. That is why we have due process and protocol. If you found a bloody knife in someone’s apartment without a proper search warrant, poof, that is no longer evidence. Follow the rules and it all works out.

  24. buffalomafia - Feb 23, 2012 at 7:46 PM

    Brewers aren’t making playoffs this year!

  25. djpostl - Feb 23, 2012 at 7:46 PM

    Not buying it. MLB didn’t fail. one courier with bad judgement did. This wasn’t some sort of institutional problem, some systemic failure. One guy mad a bad call.

    Now we just ignore the fact Braun never challenged the actual test results? The fact his testosterone was 20 times that of a normal person? Twice that of any test MLB had ever seen?

    Not hardly.

    I think the correct call is to not have him serve 50 games, if only to honor the system.

    But in no way, shape or form does that mean we have to sit here and listen to this “my name is cleared” bullshit. You got off on a technicality Ryan, the same way Oj and countless other criminals have on every crime from reckless driving to murder in the first.

    Do we accept it the fact we cannot punish the individual, sometimes begrudgingly? We sure do.

    Do we sit there and think of them or refer to them as “truly innocent”?

    No freakin’ way.

    • ezthinking - Feb 23, 2012 at 7:52 PM

      The ‘I didn’t do it” claim always fails. The ‘technicality claim’ always fails unless you’re watch A-Team or Dukes of Hazard reruns.

      MLB cheated in the process and didn’t man-up and throw the result out. It is their failure, and the lack on confidentiality that should be the focus.

      • djpostl - Feb 23, 2012 at 7:58 PM

        MLB didn’t cheat a damn thing. A courier thought a building was closed that wasn’t. And technicality never works huh? OJ’s victims families might say different so nice try. It happens every damn day and people cry about the travesty it is, but when it’s a guy on our team we suddenly are quite forgiving.

      • mattjg - Feb 23, 2012 at 8:07 PM

        Can someone fill me in on how O.J. got off on a technicality? I was only 12 at the time of the trial, so my memory’s a bit hazy. As I recall, however, the prosecution had a chance to present all the evidence to a jury and the jury decided that the evidence did not convince them of O.J.’s guilt beyond a reasonable doubt. Is having to prove a case beyond a reasonable doubt a technicality? Maybe most people in America believed O.J. was guilty beyond a reasonable doubt, but those twelve jurors who (if my memory is correct) had the same access to evidence as the public at large did not believe it proved O.J.’s guilt beyond a reasonable doubt. Someone please correct me if my memory is faulty.

      • largebill - Feb 23, 2012 at 8:57 PM

        Actually, OJ got off due to a different kind of travesty. He was essentially acquitted due to jury nullification. A stink’n lawyer convinced 12 half wits that the case was about race more than about murder.

    • bigxrob - Feb 23, 2012 at 7:54 PM

      There isn’t any need to challenge the results. Once it is proven that the chain of custody was broken, the results are meaningless

      • Charles Gates - Feb 23, 2012 at 7:59 PM

        bigxrob, +1

      • djpostl - Feb 23, 2012 at 8:01 PM

        I know, murderers. rapists and other criminals make the same argument every day and sadly win with it. Doesn’t mean we have to like it. Doesn’t mean they are innocent. It means they were found “not guilty” and in the real world there is a difference between the two.He can go unpunished but it doesn’t change the fact he had more testosterone in his system than a college fraternity.

      • bigxrob - Feb 23, 2012 at 8:15 PM

        Better 100 guilty men go free, than 1 innocent man be wrongly convicted

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