16 February 2009

A-Rod, here's what you should have said

Ladies and Gentlemen I'd like to talk to you today about validity. As you know, there have been reports that I used drugs during my baseball career.

Whether I did or I didn't use Performing enhancing drugs or steroids or HGH is irrelevant in this discussion. The facts are that non-prescription steroids have been illegal as a performance enhancer in major league baseball since 1991 but no penalties assigned to using until 2004. It's has been illegal to use and criminally illegal to posses but if you were caught using by a test that Major league baseball sanctioned between the time of baseball's inception and 2003, nothing would happen to you.

The validity of the entire test process from 2003 has now been compromised and thus all tests that were undertaken in 2003 (and all years since) should be rendered null and void. Who is to say that the 2003 tests were not doctored to make certain player's tests fail? Who is to say that the 2003 test results were not altered to make sure that the number of failed players was low? Is it a coincidence that the threshhold was %5 and the final number was barely above at %13?

The tests were supposed to be done this way: Single number with a test. A double blind test. No correlation in any way whatsoever to a single name. Ever.

Who's guilty in this scenario? - The company who performed for the test for illegally linking the numbers with names in private while publicly claiming to agree to the binding contract of keeping the names out of the results. A blood bank does this and has been successfully following these procedures for many years. It is not acceptable to say 'We made mistakes and we'll learn from this'. No. It was conscious decision and this company should be legally prosecuted.

Who's guilty in this scenario? - The commissioner of baseball and the commissioner's office for sanctioning the testing group to continue with this scenario.

Who's guilty? The owners and general managers of all the teams in baseball who received the information on the players who failed tests by names and did not make this violation of the agreement public

Who's guilty? The Player's association who received the information on the players who failed tests by name and did not make this violation cause for a work stoppage of the 2004 season due to the violation. Or any subsequent years.

Let me put it this way. Major league baseball is a business designed to profit hugely year after year for owners and players. It's not a game. Let me repeat. It is not a game no matter how romantic you would like to make it. It is a life and a livelihood. Legally in life and a workplace, you will do whatever is necessary and legal to bring yourself more income for yourself and your company. The harder you work, hopefully more profit will follow.

Who's not guilty? The players who did as they were ordered to do by the Player's association with the full expectation that no names would be assigned or ever known.

What's the net result now? I will be organizing groups of players going forward to refuse to submit to drug tests conducted by Major League baseball. Until major league baseball players can be assured that the tests being conducted are in the correct agreed-to procedure with full knowledge of the results aftermath spelled out. Want to suspend players who refuse to submit? Go ahead and we'll use the court system to block the suspensions based on the fact that the 2004 agreement is a null and void agreement.

Here is what major league baseball will need to do now: Declare the 2004 agreement null and void. Declare that 2009 and going forward any tests for drug testing will not be conducted by Major League baseball but an independent testing group hired by an outside arbitrator to oversee testing. You create the commissioner of drug testing. The Drug testing commissioner will coordinate with other various groups, IOC, World doping association to create the plan. Once created, the plan is not presented to the League or Commissioner's office for approval. It is simply enacted. Once, done, I will end my group protest and submit to any and all drug tests.


Thank you.