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MLB’s civil case against Biogenesis and others is still proceeding. One of the others is interesting.

Jun 12, 2013, 4:10 PM EDT

biogenesis records

Part of MLB’s deal with Anthony Bosch is that the league will dismiss the lawsuit it filed against him. It hasn’t done that yet. Which isn’t terribly surprising as MLB is still probably wanting to ensure continued cooperation from him and to ensure that they get something of value from him. The court likely won’t make the league do anything until various deadlines approach that require its attention.

But there are other defendants besides Bosch. One of them is his former colleague who is alleged by MLB to have also given players PEDs. His name is Carlos Acevedo and just this afternoon his latest request to have the lawsuit against him dismissed was denied, so he’s still in MLB’s crosshairs.

Acevedo is an interesting character here. I presume his defense — in addition to some statute of limitations grounds mentioned in the linked article — will be that he had nothing to do with Biogenesis. Which may be technically true. However, Acevedo and Bosch were partners in a predecessor anti-aging clinic before they had a falling out and went their separate ways. And it wasn’t too terribly long ago that this happened. The third partner in that clinic, a guy named Xavier Romero, left with Acevedo. He told the New York Times a couple of months ago that (a) he didn’t do anything with athletes; and (b) Bosch was a wreck and that he was surprised that he’d be able to lure baseball players as clients. The article also noted that Acevedo had a good reputation in the anti-aging community and worked with solid medical companies in the past.

Which makes me wonder about Major League Baseball’s interest in Acevedo. Do they think that he was a source of PEDs to players? If so, you’d think he’d be a better target for cooperation than Bosch, given his apparently more august standing in the world, his greater ability (in Romano’s view, one presumes) to lure high profile clients; and, by extension, his fewer credibility problems. On the other hand, if they don’t think he was involved, this lawsuit, with respect to Acevedo anyway, stinks to high heavens.

While I disagreed with Major League Baseball’s lawsuit when it was filed and still believe it’s the weakest legal sauce imaginable, I don’t think MLB is in the business of harassing truly innocent parties, which is what they’d be doing here if Acevedo didn’t have some sort of involvement in providing drugs to players. Which makes me think that maybe they’re trying to do with Acevedo what they did with Bosch: flip him and get him to talk about players’ drug use. Which suggests that either MLB doesn’t think that it yet has the goods or that it’s being extremely deliberate as it builds its case.

If they do have the goods on the players, though, you’d think they’d quit pursuing Acevedo, right?

  1. jwbiii - Jun 12, 2013 at 4:29 PM

    Could they be using the lawsuit against Acevedo to use as leverage against him to get him to testify as a lack of character witness against Bosch? But then, why would they want to portray Bosch, their star witness, as a scumbag?

    • historiophiliac - Jun 12, 2013 at 4:45 PM

      Or, after the original Bio Boys broke up, Bosch — who is not a licensed physician — may have used accounts with drug companies set up in Acevedo’s name to continue getting his supplies and they need Acevedo to verify the supply line…I mean, if we’re just making crap up.

    • jwbiii - Jun 12, 2013 at 8:00 PM

      Of course, the simplest answer is that MLB is holding the lawsuit over Acevedo’s head to prevent him testifying against and discrediting their star witness.

      • badintent - Jun 13, 2013 at 1:30 AM

        Exactly. Mr Mason , your witness.

  2. danindelray - Jun 12, 2013 at 4:33 PM

    You know you’re absolutely right, Craig. Its just like when prosecutors stop building a case if they have a gun and a ballistics report, they just arrest the owner of the gun. They’ve got the goods, why waste time or resources trying to prove that the owner had motive or opportunity or anything?

    What? You mean they don’t do that, they actually try to keep building a case to prove someone is gulty?

    You were right to quit practicing law. You are so much more suited to talking out of the side of your @&&.

    • Craig Calcaterra - Jun 12, 2013 at 4:35 PM

      How does one build a case by being in an adversarial posture with the witness they wish to use? By your logic they should never have settled with Bosch.

    • autmorsautlibertas - Jun 12, 2013 at 10:15 PM

      A lawyer would never attempt to establish “motive”. “Motive” is based on subjective intent and it is almost impossible to establish someone else’s “state of mind”. “Motive” is only important in television courtrooms.

      • badintent - Jun 13, 2013 at 1:36 AM

        You’re leading the witness. 30 days in the hole.With Chad Ocohocinco

  3. brewcrewfan54 - Jun 12, 2013 at 4:42 PM

    I find it pretty terrible of MLB to bully people who obviously wont have the funds to fight back against them. Its pretty sickening considering the same guys playing sheriff were the same ones looking the other way so long.

    • duckthefodgers - Jun 12, 2013 at 4:50 PM

      Your right, they should just ask nicely and cross their fingers.

      • Liam - Jun 12, 2013 at 4:53 PM

        http://en.wikipedia.org/wiki/False_dilemma

      • brewcrewfan54 - Jun 12, 2013 at 5:11 PM

        Why don’t they throw a lawsuit at the cleaning crew to get them talking why we’re at it I guess right? Maybe the guys who mow the lawn also?

      • duckthefodgers - Jun 12, 2013 at 5:34 PM

        Agree with it or not, but welcome to the real world, people with money use it to their advantages.

      • duckthefodgers - Jun 12, 2013 at 5:37 PM

        Does MLB have something on the cleaning crew? What does the cleaning crew have to offer? You might be on to something…

      • brewcrewfan54 - Jun 12, 2013 at 6:03 PM

        MLB is trying to take down everyone now because of their own inaction of the last 20+ years. Its bullshit. And while they like to say they have the strictest drug testing policy in all of sports it can’t be that good when it’s obvious there’s plenty of known loopholes in the process because so many guys are still willing to use them.

      • duckthefodgers - Jun 12, 2013 at 6:16 PM

        So MLB messed up before and now that they are trying to fix it by doing everything in their power to punish players who still break the rules they are terrible? So you think MLB so just continue sweeping everything under the rug?

      • brewcrewfan54 - Jun 12, 2013 at 6:23 PM

        Just going by the information in this blog they are just going after him in a guilt by association manner. That’s crap. So right now they are going to drain this guys finances and probably cause incredibly high levels of stress to him and a family if he has one for potentially no reason at all. That’s bullshit. Now maybe he’s guilty also bit I haven’t seen any evidence of that so I’m going to stick with my opinion until I do.

      • duckthefodgers - Jun 12, 2013 at 6:26 PM

        No one is a victim here, millionaire baseball players are taking a chance by breaking the rules of their job motivated by greed. They get suspended for a few games while if we did the same at work we would be fired. I dont feel sorry for anybody in this situation. Maybe players will finally realize it might not be worth it anymore and quit looking for miracle drugs. I doubt it though.

      • brewcrewfan54 - Jun 12, 2013 at 6:30 PM

        I don’t feel bad for the players at all for the same reason you stated. I feel bad for Bosch’s former partners until I’ve seen reason to believe they are also guilty.

      • duckthefodgers - Jun 12, 2013 at 6:33 PM

        My only response to that is when you partner up with a piece of shit its bad business. A judge thinks mlb has a right to sue him so they are not wrong for doing so.

      • brewcrewfan54 - Jun 12, 2013 at 6:49 PM

        You don’t always know someones a piece of shit right away. I’ve hung out with people several times before I decided this isn’t a person I’d like to be around. They were former partners so someone realized it wasn’t worth continuing with.

  4. 13arod - Jun 12, 2013 at 4:54 PM

    the need to get FBI involved to speed it up

  5. Sports King of this world - Jun 12, 2013 at 4:56 PM

    I’m a person who always say, where there’s smoke there’s fire and to see A-Rod Ryan Braun’s name come up again. I’m not shocked. Baseball is a landmine for drug users. No one that has and incredible season seems legit and I’m sick of it. Records are being broken by total losers and I blame it on Selig and the owners for it.

    • brewcrewfan54 - Jun 12, 2013 at 5:05 PM

      So what makes you think the guys holding those records before these guys weren’t cheating? Every generation of players have been cheating the only difference is the science behind it.

      • Sports King of this world - Jun 12, 2013 at 5:07 PM

        Basic science. Look up the evolution of medicine. Its a,known fact. They are doing a lot more now.

      • brewcrewfan54 - Jun 12, 2013 at 5:16 PM

        I agree that its more now but cheating is still cheating. Games evolve. Why is it so important for baseball fans to have records stand forever? Not to mention why does everyone want the players who played in the early stages of the game be the best? After 100 years its only right that the guys who grew up watching, training and living baseball take the game up a notch from the guys who started it. I wish sports were clean, but they aren’t. Probably never have been and likely never will be. Its entertainment.

      • jwbiii - Jun 12, 2013 at 5:30 PM

        Are they? Here’s some information on Pud Galvin and Brown-Sequard elixir.

        http://www.history.com/news/baseballs-first-fountain-of-youth

        Here’s where Galvin stood on some all time leaderboards in the 1890s.

        http://www.baseball-reference.com/leaders/W_progress.shtml

        http://www.baseball-reference.com/leaders/SHO_progress.shtml

        http://www.baseball-reference.com/leaders/GS_progress.shtml

        http://www.baseball-reference.com/leaders/CG_progress.shtml

        http://www.baseball-reference.com/leaders/IP_progress.shtml

        http://www.baseball-reference.com/leaders/WAR_pitch_progress.shtml

  6. edfellow - Jun 12, 2013 at 6:55 PM

    You talk about the “weak sauce” of the MLB suit and then engage in the repeated “presuming” and pretzel logic and leaps of faith to support the point you’re trying to make
    It’s almost like a verbal tick- you can’t help yourself from finding any excuse- no matter how far fetched to criticize MLB’s actions. There’s plenty of room for criticism there, but you only “proving” your own hackery

  7. scoutsaysweitersisabust - Jun 12, 2013 at 7:44 PM

    You know what this case needs? The United States House of Representatives.

    • Anoesis - Jun 12, 2013 at 10:13 PM

      Yes, if you want this painfully-slow diversion brought to a grinding halt with no resolution in sight (ever) that’s certainly the way to go.

    • scoutsaysweitersisabust - Jun 13, 2013 at 9:04 AM

      Sorry, forgot to use my sarcasm font.

  8. castaluccio - Jun 12, 2013 at 10:05 PM

    Biogenesis documents contain the names of certain ML players. So what? ‘Bud Lite’ and cohorts have no positive tests to link with the list. Could be, Bosch created that list to impress the gullible that he was authentic as he had professional athletes as his clients. That’s likely not what happened, but even a mediocre lawyer might be able to sell that to a jury.

    As of this moment, MLB has evidence provided, under duress, by a less than credible source who, now, has a personal interest in the outcome. Question, was he lying when he claimed no knowledge of PEDs or is he lying now to save himself?5
    As for the players being punished for lying about PEDs, they’re not required to self incriminate.

    Also, do any of you writers, in your various states of righteous indignation, really believe that destroying these players is going to rid this sport, or any other, of PEDs? Even now, as I write this, some smart chemist is designing the next performance enhancer and it will be undetectable by current testing methods. And, yes, someone will create a test to detect it and someone else will the next undetectable PED, an on and on. It’s a never-ending cycle.

    As some point, we have to accept the reality that sports is played in eras and this the ‘Chemical Enhancement’ Era and it’s not going away, just ‘regenerating’ itself, much like the Doctor.

    • Anoesis - Jun 12, 2013 at 10:29 PM

      Some world-class cynicism there. First I’d like to see MLB come up with a testing system that isn’t full of holes and hacks that let players off after positive results.

      While they’re at it they might try looking at drugs that actually enhance performance, rather than those that speed healing from injury. If they continue to include compounds intended to help an athlete recover from an injury then they might as well just ban everything from aspirin on up. One could make the argument that a player using prescription drugs to keep his anxiety attacks or blood pressure under control are nothing but performance-enhancing drugs.

      Next would be spending some of their exorbitant profits on real attorneys, instead of the semi-competent shysters they’re now wasting money on. It might not hurt to do a little more footwork in getting the player’s association involved so investigations and suspensions going forward aren’t immediately challenged by the union’s lawyers.

      There’s a lot wrong with the way baseball is trying to reform its image as a collective group that spent decades winking at various drugs in the game, but trying to ramp up their system to something resembling a fair test of PEDs while at the same time continuing to attempt to demonize past users isn’t the way to go about it.

      We are all aware of those players who likely used various PEDs in their careers. Some groups, like sportswriters, have their own ways of penalizing those players. No matter what you think of guys like ARod or Braun, they’ve already made their money and had an impact on the game, good or bad. Get the testing system cleaned up, write off the past, stop with the witch hunts, and make some sort of unbiased attempt to rid the future game of the true PEDs and their users.

  9. jm91rs - Jun 13, 2013 at 8:46 AM

    Seems like a pretty simple case of not putting all of your eggs in one basket.

  10. danindelray - Jun 13, 2013 at 8:58 AM

    Really? You’re criticizing me for using a term used in a satiric alternative reality?

    The only criticism my comment should elicit is for someone to point out that ‘talking out of the side of your @&&” is exactly what lawyers do in the first place, so Craig hasn’t changed his profession very much at all.

    • danindelray - Jun 13, 2013 at 8:59 AM

      Sorry, I thought I was responding to the post above about establishing motive.

  11. danagidner - Jun 13, 2013 at 10:27 AM

    Reblogged this on Dana's Quiet Place for her loud, wandering mind.

  12. anxovies - Jun 13, 2013 at 12:31 PM

    The real mystery is why ARod and perhaps others on the list (allegedly) declined to help Bosch with his legal fees. In ARod’s case the MLB front office has very publicly placed him in their sights so I can’t see the downside for him… unless, of course, there is nothing in the files to link him with PED use. If there is something linking him to PEDs, the league has already trashed his reputation and it’s not like helping out Biogenisis will make the haters hate him any more. Wouldn’t it be a hoot if Bosch tells all and there is nothing to tell?

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