Manny being Banny-ed

"Did you know that you can fool the breathalizer test by chewing on activated charcoal tablets?"
"Well, maybe we should change our slogan to "If you must drink and drive, suck charcoal."
"Won't the police ask about the charcoal in your mouth?"
"There's not a law against charcoal."
"Yet."
- Thank You for Smoking

Manny Ramirez tested positive for drugs in violation of the MLB policy. The most useful bit of information to be found in this ESPN story:

Ramirez and his representatives were prepared to appeal the synthetic testosterone results, intending to argue he had taken a steroid precursor known as DHEA, according to two sources. The drug is akin to the now-banned substance famously known as Andro, but it is not on baseball's banned list. (emphasis added)

Baseball had geared up to dispute the argument, and a Ramirez appeal was scheduled for last Wednesday. MLB's legal team intended to use expert testimony to cite evidence it believed showed DHEA could not have been the cause of the synthetic testosterone.

This makes for a nice messy and technical legal dispute, and while it's kind of messy, it is legal, interestingly enough. But the story gets more interesting:

However, in the days before the hearing, the union turned over Ramirez's medical records -- and they turned out to be a boon for MLB.

Within the records was a prescription written for the drug human chorionic gonadotropin (hCG) -- No. 55 on the list of banned performance-enhancing substances in the policy. The drug is mainly used for female fertility issues, but it is best known among male steroid users as a substance that can help kick-start the body's production of natural testosterone, which is stymied when using synthetic testosterone (aka steroids).

That stuff probably looked like this, innocently enough. And while sources indicate that there were problems with his testicles that let him to use the drugs, he failed to get a proper medical exemption. Players can get a Theraputic Use Exemption (TUE) under the drug policy, as is stated here:

1. A Player authorized to ingest a Prohibited Substance through a valid, medically appropriate prescription provided by a duly licensed physician shall receive a Therapeutic Use Exemption ("TUE"). To be "medically appropriate," the Player must have a documented medical need under the standards accepted in the United States or Canada for the prescription in the prescribed dosage. A urine sample which is found to contain a Prohibited Substance will not be deemed a positive test result if such sample was provided by a Player with an effective TUE for that substance. A Player with a TUE for a Prohibited Substance does not violate the Program by possessing or using that substance.

2. A Player seeking a TUE must notify, or cause the issuing physician to notify, the IPA of the existence of the prescription. Whenever requested to do so by the IPA, the Player shall provide, or cause the issuing physician to provide, documentation
supporting the issuance of the prescription. If the issuing physician is not duly licensed in the United States or Canada, the IPA shall request that the Player provide such documentation. The IPA shall notify the Player and counsel for the Association of any request for documentation. Following his/her review of such documentation and, if necessary, consultation with an expert in the area covered by the prescription, the IPA shall determine whether to grant the TUE. The IPA shall report that determination to the Player and to the Parties and, in the event of a denial, forward to the Parties the documentation received and all other material reviewed in reaching that determination. (See Section 9.C.1(c) below.)

3. A TUE shall be effective from the date the Player notified, or caused the issuing physician to notify, the IPA of the existence of the prescription involved, and shall not be effective for any use or possession of a Prohibited Substance prior to that date. A Player who is determined not to qualify for a TUE may not challenge a determination that he violated the Program by contending, in connection with a "no fault or negligence" defense or otherwise, that he believed he would qualify or had qualified for a TUE; however, a Player is not otherwise precluded from introducing evidence of medical treatment in support of such a challenge.

We don't have a lot of time. And it's going to be a lot harder because you're gay now.
- Deleted scene from Team America: World Police

Ramirez is probably most upset that his doctor did not inform him that he was using a banned substance. It is also possible that he has stopped taking the substance recently, and as a result is crying a lot more. But seriously, my guess is that Ramirez was prescribed a brand name of the drug, not the generic name, because that's what doctors prescribe to you, and if he asked a couple more questions or if his doctor told him, he might have been ok (it's also possible that his doctor was a Giants fan). In any event, Manny is planning on suing the doctor, because doctor mistakes do happen.

So what we know is that Manny was using a suspicious substance that was legal, and an illegal substance for a legitimate medical reason that he didn't get approved by MLB. It is likely that upon realizing that he could not get an exemption from it, and it certainly could not be a retroactive exemption, that he gave up and figured to do his time. It would appear that Manny's failure to perform due dilligence in taking care of his own personal, er, ball team has caused him to let his baseball team down.

On the Usefullness of the Mitchell Report

The Mitchell Report contains information about players using steroids, HGH, etc. Here is the run-down of all former Dodgers (major league team only), and the quality of their evidence:



Kevin Brown: Radomski says he supplied Brown with HGH and steroids several times, and even produced a copy of a USPS Express Mail package. Enough to arouse suspicion.

Chris Donnels: Admitted to using steroids, HGH, and other drugs. Check included as well. Suspicious.

Eric Gagne: Mentions LoDuca bought him some the first time and later Gagne bought some himself. Includes USPS Express Mail receipt. Suspicious.

Matt Herges: Referred by LoDuca, wrote "Thanks!" in memo line of check. Probably true.

Phil Hiatt: Bought steroids and HGH, no checks or USPS receipts. Not compelling enough.

Darren Holmes: Told reporters he ordered HGH but never used it. Cut and dry.

Todd Hundley: Radomski sold him stuff and knew him since 1988. Donnels said he talked to him about steroids and Radomski when on the Dodgers too. Prett solid testimony, although physical evidence would be nice.

Mike Judd: Dodgers AAA strength and conditioning guy observed Judd and LoDuca inject each other with steroids. Compelling.

Paul Lo Duca: Letters to Radomski, records, 3 checks in the appendix, and mentions of referrals and injections. HGH and Steroids. A whole lot of stuff on this guy, most likely to go to jail (or at least deserve to).

Adam Riggs: Used HGH & Steroids. Referred by LoDuca. Moneygram and checks. Strong evidence.

F.P. Santangelo: Used HGH & Steroids. Checks. Referred Piatt. Doesn't look good.

Gary Sheffield: Use the cream on his knees, referred to by Bonds, Greg Anderson. Admitted to it, sort of.

Ismael Valdez: Reported by SF Chronicle to have bought HGH. Not enough to go on, but he sucks.

Todd Williams: Radomski said he sold him steroids once in 2001. Not too compelling, but suspicious.

It is particularly interesting how few sources provided so much information, which would lead one to believe that there is definitely more to be found. However, one has to wonder why so much inconsistency for receipt copies, checks, etc for some players over others.

First Glance at the Mitchell Report

When you consider how many steroid users in baseball got their stuff from Kirk Radomski alone, it becomes apparent that this is but the tip of the iceberg. It's also quite staggering to see how many people left such and obvious paper trail - gives the impression that players weren't that embarrassed to be steroid users. Or that baseball players are the biggest idiots in the world - Larry Bigbie wrote "supplements" on the subject line of a check. What a moron.

The evidence itself ranges from hearsay to damning.

Clemens stands out in particular because his section is so long. Most damning is that he was particularly close to Brian McNamee, even convincing the Yankees to hire him in 2000. McNamee's story is that he stuck a needle in Clemens' butt multiple times to give him steroids.

The inclusion of checks, priority mail packing slips, etc, shows how much of a paper trail Radomski kept. Do all steroids dealers keep such extensive records? Seemingly, Radomski felt if he had to go down, he'd take everyone else down with him.