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| 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. 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. Hydro Flaske Med Sugerør . I kept my eyes focused up on the camera during each approach. I just tried to stay focused on my form, as I didnt know what the ball reaction was. I was quite emotional at the end. I did not actually see any of the shots in the game until I got home and watched the video. Hydro Flask Billig .com) - Bradley Beal deposited a season-high 33 points and John Wall posted another double-double as the Washington Wizards went on the road and beat the Houston Rockets, 104-103. http://www.danmarkhydroflask.com/ . Gonzalez participated in his final game on Sunday, Atlantas 21-20 defeat at the hands of the NFC South champion Carolina Panthers, having posted four catches for 46 yards. Hydro Flask Danmark . -- Sami Salo joked that as the shootout went on and on, one thing went through his mind: "Youve got to tie up your skates. Hydro Flask 24 OZ Danmark . -- New England Patriots owner Robert Kraft wanted to keep Logan Mankins with the team for a long time.WINNIPEG - Some of Winnipegs young NHL prospects have been getting a lot of ice time during the pre-season but things look to get a little tighter as the week progresses, coach Paul Maurice said Monday.Our younger players especially, or those guys that are fighting for spots, now have to do something to get back into the lineup, he said as the team prepared to leave for Edmonton for the first three pre-season games this week.Theres just not many spots. Weve got to get some of our lines and our deep pairings together.For some young rookies, the ride up til now has been pretty sweet.Its a good opportunity and Im pretty excited to keep playing, said Adam Lowry of the St. Johns IceCaps, the Jets AHL farm team, who hasnt missed a pre-season game yet.The six-foot-five forward, who plays both centre and wing, looks about the most comfortable of any of the rookies on the ice, likely because of that last season spent in the AHL.Yeah, I think last year was huge in just allowing me to get comfortable playing the pro game, he said.Nik Ehlers, Nic Petan and Josh Morrissey also have survived the rookie cuts and are continuing to see plenty of action.Im definitely enjoying it for sure, playing in front of these crowds is amazing, said Ehlers, 18, Winnipegs 1st round pick in the 2014 NHL entry draft.He admits hes found the learning curve steep.Obviously its really hard here, he said. Im progressing pretty good right now from game to game and thats what I wanted, so Im happy with that.It also doesnt hurt their chances for more ice time that minor injuries have taken a toll.After tonight were still going to have four or five guys out with injuries, head coach Paul Maurice said as the team prepared to head to Edmonton for the first of three games this week.And hes keeping other veterans out of the lineup as well.There will be two or three veteran guys that just dont need to be out there every night. Toby Enstrom is the kind of gguy that probably falls into that category.ddddddddddddEnstrom was on the list of players not in the lineup for Edmonton that also included Bryan Little, Andrew Ladd, Dustin Byfuglien, Evander Kane, Mark Scheifele, Blake Wheeler and Zach Bogosian.On the injured list, the most serious is likely the eye injury suffered by off-season acquisition TJ Galiardi that required surgery to repair a torn retina.He says he was worried initially he might lose the sight in his left eye, which was cut by a stick that slipped under his visor during practice. He says the eye is healing and he hopes to be cleared to at least start working out soon.Obviously I want to get out there as soon as I can but its all dependent on how the eye is doing, he saidIts pretty crazy how quickly the body heals. A couple of days ago I couldnt open my eye at all and now Ive got (it) about 60 per cent open . . . but Im just grateful I can see and will be healthy.Maurice says the young players who remain are there for a reason and some of it isnt just because of what theyve done this month.There is as reward for work done in the past, even if its not with the Jets, said the coach. If you get drafted in the first round, theres a reason for that.But he says the four also have stuck around because theyve earned the right.Theyve played well. I want to see them play. I like taking a real young lineup into Edmonton tonight.He says he still hasnt made final decisions about his opening lineup for the regular season, although he has a pretty good idea what it will be.As a coach Ive got my lineup three days before camp starts, in my head, and then you watch and learn and see what the young players, the new players, have brought to your lineup and who steals roles.So, if youre asking me today, could I put a lineup on the board for opening night? Yes I could, but its certainly not final and thats what the rest of these exhibition games are for. Cheap Jerseys China NFL Jerseys Cheap NBA Jerseys Wholesale NHL Jerseys Wholesale MLB Jerseys Cheap Soccer Jerseys China Wholesale NCAA Jerseys Wholesale Football Jerseys Wholesale Basketball Jerseys Wholesale Baseball Jerseys ' ' ' |
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