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Old January 5th, 2009, 10:51 PM   #1 (permalink)
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Default Romero, Mitre Suspended 50 Games for Banned Substances

Romero questions suspension
By Peter Gammons

While Major League Baseball never said J.C. Romero tried to cheat, the 33-year-old reliever who won the third and clinching games of the 2008 World Series has been ruled guilty of "negligence" and will be suspended for the first 50 games of the 2009 season.

Romero said on Monday that he bought a supplement from a GNC store in Cherry Hill, N.J., last July. The Players Association had told players the supplement was acceptable, but now the Philadelphia Phillies left-hander will receive a suspension and lose $1.25 million.

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

Romero said he does not want to name the supplement in case young athletes go out and purchase it.

Three months after Romero was tested before a Phillies-Mets game on Aug. 26, the Players Association sent a Nov. 21 letter to players that stated, "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."

In Romero's arbitration hearing that was held in Tampa during the first two days of the World Series, it was claimed that in early July the Center for Drug Free Support had notified MLB of questions about the supplement Romero had purchased. Somehow, MLB and the Players Association never got that straight, according to Romero.

Rob Manfred, MLB's vice president of labor relations and human resources, who carries the reputation of being extraordinarily fair, did not return a call regarding the case.

So caught in the middle of MLB and the Players Association is Romero. He has his World Series ring. He has the distinction of being the winning pitcher in Games 3 and 5. "But," he said, "what's most important is that I get back my honor. This just isn't fair."

Last season was Romero's 10th in the major leagues. In 2006, he tested positive for a precursor of testosterone, which was a fertility supplement his wife Erin and he were taking. The case was dropped. On Nov. 27, 2006, their daughter Jazlyn was born.

Then came this summer's fiasco. "The season is a grind," Romero said. "When you're a middle reliever, you have to be ready to get up and down and pitch every day. Everyone takes something. Some guys drink coffee, others supplements. We try to make sure they're all legal. I certainly did."

On July 22, Romero bought a supplement at the GNC store in Cherry Hill. He had it checked by his personal nutritionist, who said there was nothing in the supplement that was illegal. There was no warning on the label. Romero mentioned it to Phillies strength and conditioning coach Dong Lien.

There seems to be some confusion in testimony during the October arbitration hearing. According to Romero, Lien told him to get a second opinion; Romero took the supplement to a second nutritionist, who cleared it. In the hearing, Lien testified to that fact, but at another time he said he suggested Romero not take it. Romero in no way blames Lien.

"What they now say I should have done was call the drug hotline," Romero said. "But I had it checked out by nutritionists, and I was following the guidelines laid down by the Players Association in spring training."

On Aug. 26 and Sept. 19, Romero was tested, as all players are, randomly. On Sept. 23, Players Association counsel Bob Lenaghan informed Romero he had tested positive.

"I immediately stopped taking all supplements, although I had no idea it was the cause of the positive test," Romero said.

He spoke to Michael Weiner at the PA and told him he did not know the cause of the positive test. On Oct. 1, Weiner told Romero that the specific supplemnent 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.

That same day, Oct. 1, Romero was again tested. The results were negative. So for the NLDS, NLCS and World Series, the supplement was no longer in his system.

Two days later, Romero was informed that MLB would be willing to reduce his suspension to 25 games, starting at the beginning of the 2009 season on the condition that he admitted guilt. Romero said he couldn't, because he did not believe he did anything wrong.

On on Oct. 12, the second test results came back -- from the Sept. 19 test conducted four days before Romero learned he'd tested positive the first time -- and were positive. MLB then changed its offer: The suspension would still be reduced to 25 games, but it had to start immediately and he had to admit guilt. Again, Romero declined, because he did not believe he was in the wrong and because he did not want to miss his first World Series.

The arbitration hearing was held Oct. 22 in Tampa, the first day of the World Series. Curiously, the bottle of the supplement MLB had purchased contained the label warning: "Use of this product may be banned by some athletic or government associations." However, the bottle Romero had purchased and brought to the hearing contained no warning.

In December, the Players Association informed Romero that the arbitrator had had a change of heart and was ruling against him. Sunday, that was confirmed, and Tuesday afternoon, MLB will announce the suspension.

There seems to be little question that the Players Association unwittingly misled Romero -- and other players -- about over-the-counter supplements purchased in the United States. Somehow, after MLB was warned in early July, their concerns did not reach the Players Association about three supplements available at every GNC store.

Romero now pays the price. Fifty games, $1.25M.

"I told them that if I ever tested positive again I would accept a 100 day suspension," Romero said. "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."
Philadelphia Phillies' J.C. Romero gets suspension, says it's unfair - ESPN

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Old January 6th, 2009, 09:16 AM   #2 (permalink)
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Old January 6th, 2009, 09:31 AM   #3 (permalink)
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Add Sergio Mitre to the list.
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Old January 6th, 2009, 10:40 AM   #4 (permalink)
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LOL @ Mitre

New York Yankees pitcher Sergio Mitre has received a 50-game suspension for violating Major League Baseball's drug policy. Like Philadelphia Phillies reliever J.C. Romero, Mitre claims he had no desire to break baseball rules and that he took the banned substance unwittingly after purchasing a legal supplement at a GNC store in Florida.

The commissioner's office on Tuesday officially announced Mitre's suspension.

Mitre told ESPN.com that while he takes "full responsibility" for his actions, he failed a drug test because a trace amount of androstenedione appeared without his knowledge in a nutritional supplement that he bought at GNC.

"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," Mitre said in a statement released through his agent, Paul Cobbe. "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.

"As confirmed through the drug testing and grievance processes, it contained a 'contaminant' amount of an illegal, performance-enhancing drug. This was not listed as an ingredient on the packaging, should not have been in the supplement and certainly should not have been available for legal purchase at a store."

Mitre, 27, underwent reconstructive elbow surgery in July and was rehabilitating at the Florida Marlins' spring training facility when he bought an unidentified supplement at a GNC outlet in Jupiter, Fla. He failed a random drug test in late August and said he was surprised to learn that the test revealed a trace amount of androstenedione in his urine.

Androstenedione, or andro, is a natural steroid hormone that produces testosterone in the body. The substance received widespread attention in 1998 when an Associated Press reporter spotted a bottle in St. Louis first baseman Mark McGwire's locker stall. Andro was legal in baseball at the time, but it was banned in 2004 as part of the game's new drug testing agreement.

Mitre filed a grievance in September only to lose his case. He's not expected to return from Tommy John surgery until midseason, and will serve his suspension and be docked 50 days pay while on the disabled list.

Mitre has a 10-23 record in five major league seasons with the Chicago Cubs and the Marlins. In November, the Yankees signed him to a split contract that will pay him about $1.5 million if he makes the major league roster.

While Mitre only stands to lose about $60,000 or $70,000 from the minor league salary he's docked while rehabbing from his injury, he's more concerned with the public perception that results from his suspension. Like Romero, he wants the public to understand the circumstances that led to the disciplinary action against him.

"I accept my punishment because, as a professional, I have a responsibility for what I put into my body," Mitre said. "For this I will suffer a significant financial penalty and, more importantly, it will affect my reputation. I only hope that this will help others avoid being punished for having taken a product bought legally at a retail store."
New York Yankees' RHP Sergio Mitre to get 50-game suspension - ESPN
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Old January 6th, 2009, 10:58 AM   #5 (permalink)
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Old January 6th, 2009, 11:53 AM   #6 (permalink)
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Isn't Mitre recovering from TJ surgery anyways?

If so, would it be his first 50 eligible games, or the very first 50 games of 09?
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Old January 6th, 2009, 12:00 PM   #7 (permalink)
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If they previously said that anything that you buy at a retail store like GNC is safe, then isnt it the MLB's fault?
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Old January 6th, 2009, 12:28 PM   #8 (permalink)
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Originally Posted by Peanut View Post
If they previously said that anything that you buy at a retail store like GNC is safe, then isnt it the MLB's fault?
Know this, my friend:
There is a good chance Mitre is lying.
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Old January 6th, 2009, 12:39 PM   #9 (permalink)
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Originally Posted by McLevin View Post
Isn't Mitre recovering from TJ surgery anyways?

If so, would it be his first 50 eligible games, or the very first 50 games of 09?
They said that he will serve his suspension and be docked the minor league pay while he is on the DL.
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Old January 6th, 2009, 12:40 PM   #10 (permalink)
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It's definitely a pair of interesting cases. If the players rely on the MLBPA to let them know what is and isn't banned, and the PA told the players that anything at GNC was in the clear, I find it hard to fault the players for this. The problem is, it's near impossible to know what was actually said between players and their PA reps.
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Old January 6th, 2009, 01:53 PM   #11 (permalink)
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Originally Posted by mbaamin08 View Post
They said that he will serve his suspension and be docked the minor league pay while he is on the DL.
So really the only consequence is the pay?
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Old January 6th, 2009, 01:56 PM   #12 (permalink)
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Originally Posted by McLevin View Post
So really the only consequence is the pay?
And the hit to his reputation. That's pretty much it, though.
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Old January 6th, 2009, 07:35 PM   #13 (permalink)
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I always thought Mitre had great quads/hamstrings. Maybe he had some help?
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Old January 13th, 2009, 09:12 PM   #14 (permalink)
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A top Major League Baseball official told MLB.com on Tuesday that the supplement taken by Phillies left-hander J.C. Romero that led to a 50-game suspension at the start of the 2009 season did not cause a false positive.

Romero tested positive last season for use of an over-the-counter supplement identified as 6-OXO that he purchased from a GNC outlet in Cherry Hill, N.J. Romero tested positive twice for use of the supplement: on Aug. 26 before a Phillies-Mets game in Philadelphia and on Sept. 19 before a game in Miami.

In a report published on Tuesday by the Philadelphia Inquirer, the company that produces the supplement said in a statement "that a perfectly legal and untainted substance can cause a positive test for a banned or illegal substance."

"All I can say about that is that there definitely wasn't a false positive in Mr. Romero's case," said Rob Manfred, MLB's executive vice president of labor relations and human resources. "We've been through the lab results with the director of the WADA [World Anti-Doping Association] lab in Montreal and she's completely confident with the report that there was a banned substance in his urine."

Manfred added that Romero was randomly tested twice by happenstance and that the repeat testing had nothing to do with the possibility that a false positive reading had occurred after the initial results.

Baseball officials and owners are gathering here this week for the first quarterly meetings of the year on Wednesday and Thursday.

Romero said he unintentionally ingested the banned substance, which was not identified on the labels of the supplement. He filed a grievance over the results of the tests, but lost that case in front of an arbitrator, who ruled that the pitcher should have been aware of the substance he was putting in his body.

"Our view is that the arbitrator correctly interpreted our agreement and imposed the mandatory 50-game penalty," Manfred said at the time of the suspension.

Though the Players Association was critical of the finding and the penalty, the union and the Phillies said that it was a dead issue and that Romero would serve the suspension without pay. He stands to lose about $1.8 million.

Under terms of the Joint Drug Agreement, which came into play for the first time on a survey basis for the 2003 season and has since been revised several times, a first positive test for a performance-enhancing drug nets a 50-game suspension without pay, a second a 100-game suspension without pay and a third a lifetime ban with the right to seek reinstatement after two years.

The supplement 6-OXO contains a substance that may falsely test positive as androstenedione, which elevates the level of testosterone in the body, said Proviant Technologies, the company that produces the product. Andro, as it's commonly called, is on MLB's list of banned performance-enhancing drugs.
MLB: Romero's tests not false positive
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