The Norman Transcript

National Sports

January 14, 2014

A-Rod sues MLB, union to overturn ban

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 sport’s drug investigation.

As part of the complaint filed in federal court in Manhattan, Rodriguez’s lawyers made public Saturday’s 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 sport’s drug agreement and labor contract.

Horowitz, a 65-year-old making his second decision as baseball’s independent arbitrator, trimmed the discipline to 162 games, plus all postseason 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 baseball’s 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 Bosch’s 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.

Rodriguez’s 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.

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