User ID
Password
  Forgot User ID
or Register Today!
VegasInsider.com
Follow Us on Facebook Follow Us on Twitter Follow Us on Google+ VI Mobile Scores and Betting Odds
Home
NFL
NBA
NHL
MLB
NCAA FB
NCAA BK
Golf
Auto Racing
Horses
More
Betting Tools

 
A-Rod sues MLB to overturn drug ban

New Sportsbook.ag customers: Make your 1st bet, get your 2nd bet free, 100%, winnings paid in cash.
Join Now

Already have an account? Click here to view new Exclusive Rewards!

NEW YORK (AP) - Alex Rodriguez sued Major League Baseball and its players' union Monday, seeking to overturn a season-long suspension imposed by an arbitrator who ruled there was ''clear and convincing evidence'' he used three banned substances and twice tried to obstruct the sport's drug investigation.

Advertisement
As part of the lawsuit filed in federal court in Manhattan, the New York Yankees third baseman made public Saturday's 33-page decision by arbitrator Fredric Horowitz, who shortened a penalty originally set at 211 games last August by baseball Commissioner Bud Selig for violations of the sport's drug agreement and labor contract.

Horowitz, who technically chaired a three-man panel that included a representative of MLB and the union, trimmed the penalty to 162 games, plus all postseason games in 2014.

''While this length of suspension may be unprecedented for a MLB player, so is the misconduct he committed,'' Horowitz wrote.

Rodriguez in his suit claimed the Major League Baseball Players Association ''completely abdicated its responsibility to Mr. Rodriguez to protect his rights'' and ''this inaction by MLBPA created a climate in which MLB felt free to trample'' on Rodriguez's confidentiality rights.

Rodriguez asked for the court to find MLB violated its agreements with the union, that the union breached its duty to represent him and to throw out Horowitz's decision.

The three-time AL MVP five years ago admitted using performance-enhancing drugs while with Texas from 2001-03 but has denied using them since. MLB's investigation of Biogenesis of America, a Florida anti-aging clinic, was sparked after the publication of documents last January by Miami New Times.

Anthony Bosch, the clinic's head, agreed in June to cooperate with MLB's investigation, and Rodriguez's lawyers attacked his credibility because of that agreement, which included reimbursement for the costs of lawyers and security.

''The benefits accorded to Bosch under that arrangement did not involve inducements that the panel considers to be improper,'' Horowitz wrote.

Horowitz concluded Rodriguez used testosterone, human growth hormone and Insulin-like growth factor-1 in 2010, 2011 and 2012 in violation of baseball's Joint Drug Agreement.

''Direct evidence of those violations was supplied by the testimony of Anthony Bosch and corroborated with excerpts from Bosch's personal composition notebooks, BBMs (Blackberry messages) exchanged between Bosch and Rodriguez, and reasonable inferences drawn from the entire record of evidence,'' Horowitz wrote.

Horowitz said Rodriguez was introduced to Bosch by A-Rod cousin Yuri Sucart, who knew Bosch through Jorge ''Oggi'' Velazquez.

''Contrary to the claim of Rodriguez, the challenges lodged to the credibility of Bosch's testimony do not effectively refute or undermine the findings of JDA violations,'' the arbitrator wrote.

Horowitz concluded MLB was justified in citing violations of the collective bargaining agreement because Rodriguez ''played an active role in inducing Bosch to issue his own public denial on Jan. 29'' and ''attempted to induce Bosch to sign a sworn statement on May 31'' saying he never supplied the player.

Rodriguez did not testify in the grievance, walking out after Horowitz refused to order Selig to testify.

In determining the length of the penalty, Horowitz cited a 2008 decision in a grievance involving Neifi Perez in which arbitrator Shyam Das ruled ''separate uses are subject to separate disciplines.'' He said under the discipline system for positive tests, Rodriguez would be subject to at least 150 games for three violations of 50 games. But Horowitz thought Selig's initial penalty was too severe.

''A suspension of one season satisfies the structures of just cause as commensurate with the severity of his violations,'' he wrote.

Horowitz rejected Rodriguez's argument that the lack of a positive test was proof of innocence.

''It is recognized Rodriguez passed 11 drug tests administered by MLB from 2010 through 2012. The assertion that Rodriguez would have failed those tests had he consumed those PES as alleged is not persuasive. As advanced as MLB's program has become, no drug-testing program will catch every player,'' Horowitz wrote.

In Selig's notice of discipline to Rodriguez on Aug. 5, he said MLB actively is investigating allegations he received banned substances in 2009 from Dr. Anthony Galea, who pleaded guilty in 2011 to a federal charge of bringing unapproved drugs into the United States from Canada.

---

Online:

Lawsuit and arbitrator's decision:

http://hosted.ap.org/specials/interactives/-documents/ar-complaint.pdf .

AP NEWS
The Associated Press News Service

Copyright 2014
The Associated Press
All Rights Reserved

  
HEADLINES
Lawrence: September Pitchers Report
Verlander addresses photo hacking
Indians activate OF Ryan Raburn
Blue Jays activated Morrow from DL
Cardinals activate Motte off DL
MORE HEADLINES
 
Why Buy Picks From VegasInsider.com
MLB Pro Baseball Handicapper Sports Picks Records
MLB Hot Streaks
4-1 L5, 33-18 +1,967 L51, +4,228
9-4 L7 Days, 21-8 G-Plays
17-8 L25 G-Plays, +3,520 TY
+2,443 Overall This Year
16-6 L22, 23-8 +1,568 Win Streak
24-13 Last 37 Guarantees
13-5 L18 G-Plays, 18-8 +1,167 Run
12-4 L16 Guaranteed Plays
6-3 +355 L5 Days, +2,385 TY
9-3 Last 12 Guarantees
4-0, +485 Yesterday
MLB Pro Baseball Expert Sports Picks - MLB Playoffs
2014 MLB SEASON PICK RECORDS
Money Leaders
Handicapper Money
Antony Dinero + 6868
Kevin Rogers + 4228
Doc's Sports + 3520
Underdog Leaders
Handicapper Money
James Manos + 2728
Kevin Rogers + 2316
Dave Cokin + 2104
Over-Under Leaders
Handicapper Money
Antony Dinero + 1791
Tony Stoffo + 1745
Joe Williams + 643
Guaranteed Leaders
Handicapper Money
Doc's Sports + 2177
Dave Cokin + 1450
Kyle Hunter + 1320
Favorite Leaders
Handicapper Money
Antony Dinero + 2262
Kevin Rogers + 2027
Mike Rose + 1372
Member Leaders
Handicapper Money
Mike Rose + 3378
Kevin Rogers + 2498
Doc's Sports + 1165
MORE PICK RECORDS
  
corner graphic
With a VI Gold Membership, you can SAVE 10% off a Live Odds subscription, SAVE 20% off Daily Pick packages, and receive access to up to 1,000 Member Plays each month!
VI Daily Fantasy