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(2014-09-26 23:54:18) 下一個
NEW YORK -- 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" the New York Yankees star used three banned substances and twice tried to obstruct the sports drug investigation. Brad Nortman Panthers Jersey . As part of the complaint filed in federal court in Manhattan, Rodriguezs lawyers made public Saturdays 34-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 sports drug agreement and labour contract. Horowitz, a 65-year-old making his second decision as baseballs independent arbitrator, trimmed the discipline to 162 games, plus all post-season games in 2014. "While this length of suspension may be unprecedented for a MLB player, so is the misconduct he committed," Horowitz wrote. Horowitz concluded Rodriguez used testosterone, human growth hormone and Insulin-like growth factor-1 in 2010, 2011 and 2012 in violation of baseballs Joint Drug Agreement. He relied on evidence provided by the founder of the now-closed Biogenesis of America anti-aging clinic in Florida. "Direct evidence of those violations was supplied by the testimony of Anthony Bosch and corroborated with excerpts from Boschs personal composition notebooks, BBMs (Blackberry messages) exchanged between Bosch and Rodriguez, and reasonable inferences drawn from the entire record of evidence," Horowitz wrote. "The testimony was direct, credible and squarely corroborated by excerpts from several of the hundreds of pages of his composition notebooks." While the original notebooks were stolen, Horowitz allowed copies into evidence. Rodriguezs suit accused the Major League Baseball Players Association of "bad faith," said its representation during the hearing was "perfunctory at best" and accused it of failing to attack a civil suit filed by MLB in Florida state court as part of its Biogenesis investigation. His lawyers criticized Michael Weiner, the union head who died from a brain tumour in November, for saying last summer he recommended Rodriguez settle for a lesser penalty if MLB were to offer an acceptable length. "His claim is completely without merit, and we will aggressively defend ourselves and our members from these baseless charges," new union head Tony Clark said in a statement. "The players association has vigorously defended Mr. Rodriguezs rights throughout the Biogenesis investigation, and indeed throughout his career. Mr. Rodriguezs allegation that the association has failed to fairly represent him is outrageous, and his gratuitous attacks on our former executive director, Michael Weiner, are inexcusable." The suit also claimed MLB engaged in "ethically challenged behaviour" and was the source of media leaks in violation of baseballs confidentiality rules. Rodriguezs lawyers said Horowitz acted "with evident partiality" and "refused to entertain evidence that was pertinent and material." They faulted Horowitz for denying Rodriguezs request to have a different arbitrator hear the case, for not ordering Selig to testify and for allowing Bosch to claim Fifth Amendment rights against self-incrimination in refusing to answer questions during cross-examination. They also said Horowitz let the league introduce "unauthenticated documents and hearsay evidence ... obtained by theft, coercion or payment," wouldnt allow them to examine Blackberry devices introduced by MLB and was fearful he would be fired if he didnt side with management. Rodriguez asked the court to throw out Horowitzs decision and find the league violated its agreements with the union and that the union breached its duty to represent him. The case was assigned to U.S. District Judge Edgardo Ramos. Supreme Court decisions have set narrow grounds for judges to vacate arbitration decisions, instances such as corruption or not following the rules agreed to by the parties. The three-time AL MVP admitted five years ago he used performance-enhancing substances while with Texas from 2001-03, but the third baseman has denied using them since. MLBs Biogenesis investigation was sparked after the publication of documents last January by Miami New Times. Bosch agreed in June to co-operate with MLB and testified during the hearing, which ran from September until November. Rodriguezs lawyers attacked his credibility because of that deal, which included reimbursement by MLB for costs of lawyers, up to $2,400 daily for security, insulation from civil suits and a promise to tell law enforcement he was co-operative. "The benefits accorded to Bosch under that arrangement did not involve inducements that the panel considers to be improper," wrote Horowitz, who chaired a three-man panel that included MLB Chief Operating Officer Rob Manfred and union General Counsel David Prouty. Horowitz cited the credibility of Boschs "unrebutted testimony -- testimony which was corroborated by substantial documentary evidence," and he described how Bosch and Rodriguez communicated in code, referring to banned substances as "food." "Once when Bosch sent a message telling Rodriguez that he was going to pick up Rodriguezs meds, Rodriguez replied Not meds dude. Food," the arbitrator wrote. Rodriguez did not testify in the grievance, walking out after Horowitz refused to order Selig to testify. At a brief hearing Monday, MLB said it would not discipline Rodriguez for including the decision in his lawsuit. U.S. District Judge William H. Pauley III brushed aside concerns from the union about confidentiality concerns. "Given the intense public interest in this matter and Commissioner Seligs disclosures last night on 60 Minutes, its difficult to imagine that any portion of this proceeding should be under seal," Pauley said. The arbitrator noted Bosch and Rodriguez exchanged 556 text messages and had 53 telephone calls in 2012. He said all records of text messages were produced by Bosch, while lawyers for Rodriguez said the Blackberry he used to communicate with Bosch was deactivated last March and Rodriguez no longer had it. The arbitrator said Rodriguez instructed Bosch in one message to "erase all these messages." Horowitz recounted how Rodriguez was introduced to Bosch after a Yankees game in Tampa, Fla., in July 2010 by A-Rods cousin, Yuri Sucart, who knew Bosch through Jorge "Oggi" Velazquez. Horowitz wrote 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. 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. Still, Horowitz thought Seligs 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. Rodriguezs lawyers claimed at worst the case should involve one first violation with a penalty of 50 games, and they said including the 2014 post-season was beyond the scope of Seligs original discipline. Horowitz rejected Rodriguezs 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 MLBs program has become, no drug-testing program will catch every player," Horowitz wrote. In Seligs 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. Pathers #88 Jersey . But after playing in England for more than a decade, Reo-Coker already recognized a key issue. He faces an adjustment as he prepares for his first Major League Soccer season. Pathers #85 Jersey . Parmelee hit a game-ending shot in the ninth inning and the Minnesota Twins overcame David Ortizs big night to beat the Boston Red Sox 8-6 on Tuesday.DUNEDIN, Florida – The Blue Jays are on the record with the clubs plan to start Brandon Morrow in the seasons fifth game, the home opener on April 4th against the New York Yankees. "Right now were kind of looking at him at the end of the rotation right now," said pitching coach Pete Walker. "Not indicative of how hes doing or how hes feeling. Its just, it seems like the spot we want him right now." Morrows final outing last season came on May 28. He was suffering from pain and stiffness in his right forearm. The diagnosis was an entrapped radial nerve. When rest and treatment didnt solve the problem, Morrow was shut down for the year in late July. Now, with just more than two weeks left until opening day, Morrows high count for the spring is 47 pitches. His last outing came last Tuesday, March 11, against the Baseball Canada junior team, during which he threw only fastballs and splitters. He has struggled to command his fastball, which the club and Morrow insist isnt worrisome due to his long layoff. "Were looking at the way guys are throwing and Brandon, right now, we want to make sure hes healthy, we want to make sure he gets through the season healthy," said Walker. "We need him to be a big part of this rotation and right now its just where he fits in." Morrow has been throwing relatively consistently since November. The Jays have brought him along carefully this spring but with the regular season looming, Morrow is running out of time to build up to go deeper into games. With too few innings to spread among all of their rotation hopefuls, the Jays are giving minor league games to rotation certainties like R.A. Dickey and Mark Buehrle. Morrow is included in that bunch. The plan is for Morrow to pitch four or five innings against the Yankees Scranton affiliate on Tuesday in Tampa. Tuesdays start will come a full week after Morrows last appearance. Walker says theres no concern about Morrows health. "No, no, but just past history we want to make sure we take care of him as best we can," he said. "Tuesday will be a good outing for him," continued Walker. "Hes going to get some good work on Tuesday and hell still have two outings after that." The Blue Jays have off days on three consecutive Mondays in April: April 7, 14 and 21. The club will require a fifth starter on four occasions during the first month of the season, although Walker and manager John Gibbons will be able to make adjustments as they see fit. "It depends on who youre playing, how you line up sometimes as you look at the first couple of weeks of the season," said Walker. "We can always slot him back in where we want to put him but, right now, this is how things look right now. Things could change." Meanwhile, Gibbons reiterated on Sunday morning that, in his mind, there is one spot open in the starting rotation. Neithher the manager nor anyone on his coaching staff will publicly confirm Drew Hutchison has a big league job. Pathers #93 Jersey. However, the 23-year-old has been the best starter in camp. It would be a hard sell, barring the unforeseen, to keep Hutchison off the opening day roster. That leaves J.A. Happ, Esmil Rogers, Todd Redmond and Ricky Romero fighting for the final spot. "Im a big Happ fan," said Gibbons. "I think hes going to have a heck of a year for us. All indications the other day, his backs fine, he threw very well and that was a big question. Now, if his back flares up, it may be a different story." Casey Janssen, Steve Delabar, Sergio Santos, Aaron Loup and Brett Cecil are assured bullpen jobs. What isnt yet decided is whether there will be a seven reliever contingent or an eight-man bullpen heading north. An eight-man bullpen would shorten Gibbons bench but with much uncertainty about the group of starters, Gibbons wouldnt rule out taking an extra arm. There is also the business matter of options – who has them and who doesnt – to factor in. The Jays may have no choice but to put one of their pitchers through waivers but the club is loathe to lose the bodies. "What makes the team the strongest," said Gibbons. "Do we feel we need to carry that extra guy to help the rotation out? Because theyre all really good; I mean, were not going to keep a guy just to keep a guy unless theyre valuable and we think everybody we have is valuable." CAMP CUTS The Blue Jays optioned pitchers Kyle Drabek, Sean Nolin and Chad Jenkins to Triple-A Buffalo prior to Sundays 4-3, 10-inning win over the Orioles. Drabek, 26, struggled to command his repertoire this spring, giving up eight earned runs, 10 hits and six walks over eight innings. "Go down there and start pitching," said manager John Gibbons. "Were running out of time. Hes not going to make the team. He needs to go down there and get his work in." Jenkins, 26, allowed three runs over 6 2/3 spring innings, including one each in his final two appearances. He was a contributor as a call up last season, both as a starter and as a reliever, but he has options remaining. The Blue Jays can get Jenkins to Buffalo without first passing him through waivers. "He should be pitching in the big leagues," said Gibbons. "Theyre not far away. If somebody falters, if we keep somebody in the bullpen and they falter and we feel like they can help us more, theyll be right back up. Thats just the way the game works." Nolin, a 24-year-old lefthander, appeared in four spring games, starting one. He made his big league debut last May in a loss to Baltimore, was quickly demoted and not recalled the remainder of the season. Hes an option for the Blue Jays if the rotation suffers from underperformance or an injury. wholesale nfl jerseys ' ' '
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