Baseball's Steroid Era: January 2009

Monday, January 19, 2009

Roger Clemens Grand Jury Convenes, Kirk Radomski, Brian McNamee Testify

A Washington D.C. Grand Jury will decide if there is enough evidence to indict Roger Clemens for lying to Congress during the highly publicized hearing in February 2008 that also featured his former trainer, Brian McNamee. Evidence will be presented by assistant U.S. attorney Daniel P. Butler.

It is not known exactly who has been or will be subpoenaed but the list could include McNamee, Kirk Radomski, Andy Pettitte and Chuck Knobloch along with those who worked on the Mitchell Report. McNamee and Radomski have testified so far.

McNmaee’s attorney, Richard Emery wouldn’t comment on specifics of the hearing but seemed pleased with what transpired.

"I can't tell you anything of what was said, but [the prosecutors] were extremely impressive, well-prepared and professional. I have extreme confidence in their approach."

Radomski was the main source of information in the Mitchell Report and figures to feature prominently in any trial. In July 2008, Radomski provided government investigators with a receipt of a shipment of human growth hormone (HGH) sent to Clemens’ home in 2005.

"I can't comment on an ongoing investigation. I don't want to do anything to cross them up."

It’s unclear as to whether Clemens himself will testify.

It is not known whether Clemens himself will be invited to appear before the grand jury, though a former Washington federal prosecutor said the government could afford Clemens a chance to explain the contradictions and possibly avoid indictment. Should the grand jury eventually return an indictment, his appearance could also provide the prosecution a start in fleshing out Clemens' possible defense, the former prosecutor said.

Sources

Tuesday, January 06, 2009

Sergio Mitre Suspended 50 Games for Androstenedione Found in Legal Supplement

New York Yankees’ relief pitcher Sergio Mitre has been suspended for 50 games for violating Major League Baseball’s Joint Drug Prevention and Treatment Program. Like JC Romero, Mitre used an over the counter supplement purchased at a major retailer and tested positive for Androstenedione, the steroid precursor made famous by Mark McGwire in 1998 and later banned by MLB. The supplement was said to have contained a “contaminant” amount of Andro even though it was not listed as an ingredient.

Mitre accepted responsibility despite the circumstances.

"Although being suspended for 50 games is tough to accept, I think that it is important to understand that I am in full support of drug testing in baseball… I did take the supplement in question and accept full responsibility for taking it. What has been difficult for me to understand is that I legally purchased this supplement at GNC and had no intention nor desire to cheat or to circumvent the system in any way. "

The cases of Mitre and Romero have raised issues about the current drug testing program. As part of the Romero story it was learned that the MLBPA had told the players in spring training that any supplement purchased over the counter in the US from a place like GNC would be safe to take. General Counsel to Major League baseball Players’ Association, Michael Weiner, thought the policy needed to be changed.

"The union respects the arbitration process and treats the decision as final," Weiner said. "In our view, though, the resulting discipline imposed upon Mitre and Romero is unfair. These players should not be suspended. Their unknowing actions plainly are distinguishable from those of a person who intentionally used an illegal performance-enhancing substance."

"The Association and the Commissioner's Office must now act to prevent future similar occurrences within baseball. The Association remains committed to a strong Joint Drug Program, but will continue to advocate forcefully for fair treatment of our members."

Sources

Mitre found to have ingested androESPN

JC Romero Suspended 50 Games for Failed PED Test, MLB Rules "Negligence"

Philadelphia Phillies relief pitcher, JC Romero has been suspended for 50 Games for violating Major League Baseball’s Joint Drug Prevention and Treatment Program. ESPN's Peter Gammons provided a detailed account of the whole process.

Romero’s suspension is the result of two failed tests (Aug. 29 and Sept. 19), the second just one month before Romero won games three and five (the clinching game) of the World Series. According to the Philadelphia Inquirer, Romero had used 6-OXO Extreme, a substance he bought over the counter in the United States. The Major League Baseball Players’ Association (MLBPA) had previously told the players that there was "no reason to believe a supplement bought at a U.S. based retail store could cause you to test positive under our Drug Program."

Romero was reportedly offered a reduced suspension of 25 games that would start at the beginning of the 2009 season if he would admit guilt, but he declined. After the arbitration hearing, which was held on the first day of the World Series, Romero was again offered the reduced suspension with the condition that he start the suspension immediately and still admit guilt. He declined once again and was subsequently suspended 50 games for "negligence."

The sequence of events according to Gammons:

July 22

Romero purchases a supplement from a GNC in the United States. Romero has the supplement checked by two nutritionists who both say it is clean.

August 29

Romero is tested by MLB.

September 19

Romero is again tested by MLB.

September 23

Romero is informed that his Aug. 29 sample had tested positive. He stops taking all supplements.

October 1

Michael Weiner, general counsel to MLBPA, tells Romero that "the specific supplement was indeed the cause of the failed test and that because it was purchased over the counter in the U.S., he believed the case would be dropped."

Romero is tested for a third time by MLB. The test came back negative.

October 3

Romero was informed that MLB would reduce his suspension to 25 games if he admitted guilt. Romero declined because he didn’t believe had had done anything wrong.

October 12

Romero was informed that his Sept. 19 sample had also tested positive. MLB then offered to reduce the suspension to 25 games, but the suspension would have to start immediately and Romero would still have to admit guilt. Romero again declined, not wanting to miss the World Series or admit guilt.

October 22

The arbitration hearing is held on the first day of the World Series. MLB brings an example of the supplement containing the warning, "Use of this product may be banned by some athletic or government associations." The bottle Romero brought to the hearing contained no such warning.

November 21

MLBPA sends a letter to players that states:

"We have previously told you there is no reason to believe a supplement bought at a U.S. based retail store could cause you to test positive under our Drug Program. That is no longer true. We have recently learned of three substances which can be bought over the counter at stores in the United States that will cause you to test positive. These three supplements were purchased at a GNC and Vitamin Shoppe in the U.S."

December (no exact date)

MLBPA informs Romero that the arbitrator had ruled against him.

January 4

MLB confirms that the arbitrator had ruled against Romero.

January 6

MLB announces Romero’s suspension stating Romero was guilty of "negligence."

Some quotes from Romero:

"I still cannot see where I did something wrong. There is nothing that should take away from the rings of my teammates. I didn't cheat. I tried to follow the rules."

"I told them that if I ever tested positive again, I would accept a 100-day suspension. They know I didn't cheat. And yet the rest of my career, people are going to say, 'He cheated,' even though I tested negative at the start of the playoffs. I did what I was told to do, what I thought was legal and right."

Sources