Braun Wins Appeal
Will Carroll for SI.com
Ryan Braun is used to doing the near-impossible. On Thursday, he did it again.
By winning his appeal of an adverse test result, Braun and his team did something that MLB sources say has never been done. In a 2-1 decision by the panel that included a representative from MLB, a representative from the MLBPA, and a mutually chosen independent arbitrator, the oft-used Shyam Das, Braun's suspension was overturned.
MLB sources explained to me that the defense focused not just on the widely reported chain of custody issue, but the science of how this mishandled sample caused such a result to occur at all. The sample was not promptly sent off, but instead was held for a period of time in varied conditions. Sources and reports agree that the issue was not that it was unsealed or tampered with, but that the conditions were such that the integrity of the sample was compromised.
At the heart of the defense was the very content of the sample. Urine is, obviously, an organic substance created to remove liquid waste from the body. It is not static, containing organic and inorganic substances that are constantly changing based on many factors. Testing is based on the detection of various substances and metabolites in the urine. Ideally, collection and testing take place as quickly as possible, but the location of the teams and labs make it necessary to have a collection and shipment process.
Braun's urine not only contains remnants of any substance that he ingests, but the basic flora of the human body. It is impossible to know exactly what substances Braun takes, which could include legal supplements and prescribed medications, or how those interact with his unique body chemistry. Indeed, Braun's urine is going to be chemically distinct from any other persons, whether it is another teammate that was tested at the same time or you, the reader. (It's unclaer, but interesting to note that Braun's test was likely not the only sample collected that day.)
While the problem in the chain of custody is bad enough in and of itself, it is the result of that problem that led to the positive. According to sources with knowledge of Braun's defense, the team was able to re-create the results. It is unknown if that replication influenced the decision, but given the extension of the decision, it makes sense that Das would have needed extra time to understand the science, rather than a clear-cut chain issue.
Chain of custody issues are common and while MLB policies are similar to those for other sports, it only takes a small mistake to create a problem. At some level, the system worked. The sample could be accurately tracked, including the excessive delay, and the conditions replicated. (Remember that Braun had himself independently tested just after he was informed of the adverse result. It was this sample and one more that allowed the defense to show exactly what happened and how.)
This result puts MLB in an awkward position. MLB issued a statement after agreeing with Braun that something needed to be said publicly. Remember, this issue would normally have never been public until after any appeal. The leak of the adverse result forced statements, including the one where MLB "vehemently disagreed" with the decision. MLB gets a bit of a black eye for its gold-standard testing program, one that will gain blood testing during this spring training. It also sets a precedent for successful appeals.
The collection is usually handled by a third-party, to ensure not only independence, but consistent handling. That broke down in this case and I'm sure that MLB will be sitting down with that third party to make sure that something like this is prevented in the future. In fact, some sources tell me that MLB will be revisiting the entire collection and handling procedure to make sure this cannot happen. This is not MLB's first issue with a third-party. In 2003's anonymous survey testing that led to the MLBPA agreeing to the current drug testing program, testing logs were able to be matched to test results, allowing names to be attached to samples. Those logs, seized illegally by BALCO investigator Jeff Novitzky, have led to several names being leaked as positives, including David Ortiz, Alex Rodriguez, and others. The entire list of 103 positives is often rumored to be in someone's hands, but the full list, as yet, has not been leaked.
In light of MLB's decision to reduce the suspension levied due to a positive result by Manny Ramirez from 100 games for a second positive test to 50 games, there's a negative momentum in a sport that is still struggling to escape the shadow of the "steroid era." Add in fan cries of Seligian conspiracy and a near-complete ignorance of the science of testing and performance enhancement and it is easy to see why this issue is so vexing to MLB. The key here is that MLB was not "beaten"; the testing program works, works well, and even the appeals process has now been shown to work properly.
Had Braun's initial adverse result not been leaked, Braun would be reporting to camp this week as the reigning MVP, not someone that has the dark cloud of PEDs hanging over him. It's going to take more than a successful appeal for Braun to get back what a leak took away: his reputation.