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MLBPA statement on Ortiz

Posted by Adam Kilgore, Globe Staff August 8, 2009 10:19 AM

Michael Weiner, the incoming head of the MLB Players Association, released a long statement a few minutes ago that, one assumes, will be a preview of today's press conference with David Ortiz (12:30 p.m.). The tack he's taking absolves Ortiz and accuses the New York Times of acting foul. Here is the full statement.

The New York Times recently reported that David Ortiz and Manny Ramirez "are among the roughly 100 Major League Baseball players to test positive for performance-enhancing drugs in 2003." The reported sources for this statement were "lawyers with knowledge of the [test] results" who "spoke anonymously because the testing information is under seal by a court order." The Association has previously offered its views regarding this patent violation of court orders by attorneys, and The New York Times' active pursuit and publication of what it openly acknowledges to be information that may not be legally disclosed.

In light of the Times' report, and all the other newspaper reports it has spurred, the Association feels compelled to offer the following additional comments:

The sealing orders, which were appropriately issued by the various courts to maintain the collectively-bargained confidentiality of the testing, prevent the Association from supplying a player with specifics regarding his 2003 test results, or from discussing those specifics publicly. The practical effect of the sealing orders, if that confidentiality is to be maintained, is to further preclude the Players Association from confirming or denying whether a player's name appears on any list which purportedly discloses the 2003 test results. The result is that any union member alleged to have tested positive in 2003 because his name supposedly appears on some list -- most recently David Ortiz and Manny Ramirez -- finds himself in an extremely unfair position; his reputation has been threatened by a violation of the court's orders, but respect for those orders now leaves him without access to the information that might permit him to restore his good name.

Unlike those anonymous lawyers who have violated the court orders -- and The New York Times, which has authorized an active and willful pursuit of those violations -- the Association will respect the courts' rulings. But we can legally say the following, each of which we suggest must be considered in assessing any and all newspaper reports stating a player has "tested positive for steroids in 2003.”

First, the number of players on the so-called "government list" meaningfully exceeds the number of players agreed by the bargaining parties to have tested positive in 2003. Accordingly, the presence of a player's name on any such list does not necessarily mean that the player used a prohibited substance or that the player tested positive under our collectively bargained program.

Second, substantial scientific questions exist as to the interpretation of some of the 2003 test results. The more definitive methods that are utilized by the lab that administers the current Drug Agreement were not utilized by the lab responsible for the anonymous testing program in 2003. The collective bargaining parties did not pursue definitive answers regarding these inconclusive results, since those answers were unnecessary to the administration of the 2003 program.

Third, in 2003, legally available nutritional supplements could trigger an initial "positive" test under our program. To account for this, each "test" conducted in 2003 actually consisted of a pair of collections: the first was unannounced and random, the second was approximately 7 days later, with the player advised to cease taking supplements during the interim. Under the 2003 program, a test could be initially reported as "positive", but not treated as such by the bargaining parties on account of the second test.

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69 comments so far...
  1. Lolwut?

    Posted by Anton23 August 8, 09 10:24 AM
  1. Makes sense. You've got to give him the benefit of the doubt. He earned it. I can't say the same for Man Ram.

    Posted by Ollie August 8, 09 10:30 AM
  1. It's so cloak and dagger. Someone should make a movie out of this crap.

    Posted by Jdm August 8, 09 10:32 AM
  1. Speechless? Bewildered? I guess they would like this to g away forever. Good the 2003 list is nothing but a crock of shit anyway.

    Posted by Bruce In NH August 8, 09 10:43 AM
  1. I am under NO illusion regarding steroids and whether they have been and continue to be an issue, including the very REAL likelihood that Ortiz has used steoids. However, what disturbs me even more is that our legal system can tolerate the leaking of information SEALED by court order. This is no longer about high-priced athletes taking PED's. This is about the integrity of our entire legal system. Lawyers are once again demonstrating the foundational characteristics in which the stereotypes are born for their 'profession'.

    Posted by Jeff Johnson August 8, 09 10:47 AM
  1. And around and around we go.

    Digest this Selig. Baseball is no longer America's Pasttime. It's football. Under your watch.

    Posted by renee satherwaite August 8, 09 10:51 AM
  1. Ortiz has gotten incredibly bad advice, I fear. I don't think this is going to fly.

    Posted by Todd S in Newton August 8, 09 10:59 AM
  1. It doesn't help that the statement seems to be missing spaces between several words. I'll read this later lol

    Posted by alefin August 8, 09 11:04 AM
  1. What a crock. Everyone is at fault, yes, but instead of accepting blame everyone blames everyone else. So, in this case, you have Ortiz, who took steroids for years, knows exactly what he took, hiding behind legalisms and the faults of others. The whole lot of them stink - MLB execs, players, the union, the lawyers who leaked. Ironically, I would say the media is least to blame. As much as I despise the liberal media, I don't blame the NYT and others for reporting this. In fact, it should be reported. Everyone involved in this whole stinking affair, media excepted, is really ruining the game and acting selfishly.

    Posted by Patrick August 8, 09 11:13 AM
  1. Ortiz should get a 75 game suspension for his silent behaviour.

    Posted by wylie_t August 8, 09 11:20 AM
  1. NY Times=Yankees =Michael Kay..Finally, I told you the Yankees and Michael Kay with their friends from the Times had something to do with this..Boston stands in the way of Yankees total dominance in the sport..Wake up fools.

    Posted by Bill Smith August 8, 09 11:22 AM
  1. I had a feeling that once the head of the union got involved, the story would be that Ortiz is innocent and was victimized by a faulty lab test. Sorry, I'm still not buying it.

    Posted by Linda August 8, 09 11:23 AM
  1. After we solve this Ortiz thing, we can get right help Michael Phelps solve the performance enhancing swimsuit issue. Both are equally absurd. Fact: ONLY a few players during the last 2 decades knew about and used PEDs, like the holy grail this secret was hidden from all other players and the general public. This was especially the case during the BIC MAC - SLAMMIN SAMMY duel... Everyone just assumed they must be just that much better than everyone else, INCLUDING THE MEDIA. If anyone has failed baseball fans, it is the media... Hey baseball writers... I was just wondering if you think the Economy is bad right now? Thanks for doing you job when it mattered. The only people who care about this story is the media... and only because it is selfserving..

    Posted by Bill Nystrom August 8, 09 11:23 AM
  1. What a mess. What a shame.

    Posted by jbozak August 8, 09 11:25 AM
  1. But Papi already conformed last week the union told him he was on the list.

    Silly move. A zealous journalist just got the itch to dig deeper.

    Posted by casey August 8, 09 11:29 AM
  1. Is there any other player that's had the MLBPA step up to bat for them like this?

    Posted by daveshac August 8, 09 11:29 AM
  1. Big Phoney. Yeah, he drank a protein shake and tested positive, sure. Spin machine in full throttle. I knew he wouldn't man up...

    Posted by RedSxboywonder August 8, 09 11:37 AM
  1. Makes sense, but the fans and media who prefer to take players down instead of looking at the very clear reality that a name on a list does not prove anything will not accept this explanation. Personally, I don't care and hope the fact that Papi holds the conference will be enough to get him back to doing what he's paid for--hitting lots of HRs an 2Bs. The Sox need to win today.

    Posted by eon August 8, 09 11:37 AM
  1. I think This so called Lawyer needs to show his face and give up who ever told him If he didn't make that up This lawyer needs to stop hidding and show his face. HE'S A COWARD if he don't.
    I trust Ortiz and I will believe what Ortiz says. I don't trust a man that cannot even show his face and I cannot believe a NEW YORK PAPER don't trust a word that comes out of there mouths

    Posted by Paula August 8, 09 11:42 AM
  1. Based on his comments that players who use PED's should be banned for a year Ortiz needs to be asked directly if he has every taken a PED or other banned substance. He then will either lie or tell the truth. If he says no and is telling the truth he can move on. If he says no and is not telling the truth his words will still be there for the time when the truth comes out which we know is sooner than later.

    Posted by Tom L. August 8, 09 11:46 AM
  1. Time for Ortiz to be DFAed. Big Papi has been nothing but a BIG FRAUD for all the years he's been here. Big Papi never existed. He was a steroid figment of our imagination who stole our loyalty and affection using steroid lies. The big question is why is he still on the team. If there was no Big Papi to begin with why do we keep playing him waiting for him to start hitting? I will not give him the benefit of the doubt. I will not stand behind Oriz the way Yankee fans stand behind A-Fraud. Ortiz needs to slink off and disappear

    Posted by cabianni August 8, 09 11:47 AM
  1. While upset about steroids taking our focus away from baseball, I'm much more concerned about the complete lack of morals and scruples by those "committed" to the law.

    Posted by Aitch August 8, 09 11:49 AM
  1. Simply put, this a jargon-filled mess of an explaination. "The List" needs to be made public so everybody can just get over it. This situation continues to be an escalating annoyance to everyone involved. Drop the list, dodge the bullets, and put it in the rearview mirror....right?

    Posted by Dustin August 8, 09 11:52 AM
  1. There should be a witch hunt for these offending lawyers that's at least half as vigilant as those against the ballplayers. There are not that many people who could have had access to that information. It's a small list of suspects.

    Posted by JB August 8, 09 11:52 AM
  1. Who cares what he will say. At this point, I`d rather see Mike Lowell DH for the rest of the season.

    Posted by Steve August 8, 09 11:56 AM
  1. The Times has reported that an unnamed lawyer, violating a court order, claims that David Ortiz's name is on a list of players who failed a drug test. Its reporter has never seen the "list", has no idea who performed the testing, what was tested, or what lab verified the results. What we do know is that players voluntarily acquiesced to testing, after being assured the results would not be disclosed. I'm glad to see the union finally sticking up for one of its members here. This whole thing is terribly unfair.

    Posted by HERRMOTO August 8, 09 11:59 AM
  1. If it is true that the information (true or false) was released illegally by lawyers, those lawyers should be identified, sued within an inch of their financial lives, and disbarred. This was a disgusting breach of trust that cannot be tolerated by members of the legal profession. They shouldn't be allowed to practice further.

    Posted by Clarence Darrow August 8, 09 12:00 PM
  1. Hey Players Association,

    Please stop crying about this and pointing fingers around. I don't care if it's the Times, Globe, Herald, Post, or National Enquirer. If a newspaper gets their hands on a story like that, they're going to publish it. That's the point, that's what newspapers are supposed to do. This isn't North Korea.

    If the 2003 tests were supposed to be anonymous, why were the players names taken and put on the test results list in the first place? Weren't you just trying to get a count? At the very least, why didn't you destroy the list once you had the information? Great job you guys are doing representing your members.

    Posted by JeffR August 8, 09 12:00 PM
  1. It's amazing how little outrage there is now regarding steroids from Nitwit Nation, now that a couple of their own have been implicated.

    Posted by Bill in RHode Island August 8, 09 12:02 PM
  1. amusing (not really) how everyone was so quick to jump on papi, and all the others on this "list" for that matter, on the shady word of "anonymous Lawyers", who, if they do exist and have accurate info, are breaking the same law they make their livings off of.
    imagine if papi just had andro or something. i've taken andro- you used to be able to get it right at GNC. imagine if it's not even true at all. imagine if, not being true, that A-Rod just got scared and 'fessed up, even as the allegations were false. seems like something he'd do, right?
    why were we all so quick- lookin right at you, CHB and broken down Masseroti- to believe the reports from questionable journalism regarding the "word" of dirty lawyers??

    Posted by benjikaye22 August 8, 09 12:03 PM
  1. Let me get this straight, Ortiz and/or baseball can't look at their own test results and are going to make up this phony baloney press release. Wow, they are doing themselves an incredible disservice and everyone will see it as hiding something.

    Posted by ugowl August 8, 09 12:05 PM
  1. If Ortiz didn't do steroids he would have said "I didn't do steroids and I'm going to find out what this report is about"... not "I'm going to find out what I tested positive for..."

    Posted by bangem August 8, 09 12:05 PM
  1. How about a Truth and Reconciliation Commission. All are invited to tell their 'drug-related' stories- all will be forgiven if the truth is told. After that, go after them like there is no tomorrow................

    Posted by bob August 8, 09 12:05 PM
  1. Nice, MLBPA issues Ortiz an excuse.

    We get to hear about shakes and protein pills later on.

    Posted by Stultus Magnus August 8, 09 12:06 PM
  1. Notice how Selig has been silent on this whole issue. Let's get the names of the "lawyers with knowledge of the situation out there" and let's destroy the list. The more this farce continues, the worse it gets for baseball. I don't think there is any fan stupid enough to believe most players were clean in the early 2000s. The testing done now seems to be working so let's just forget about the ugly past brought-on by Bud Selig and move on. Baseball will be better for it.

    Posted by Sam August 8, 09 12:07 PM
  1. So, Mr. Selig said no one should be punished as a result of the 2003 testing. Good idea. It makes no sense, though, that names and numbers were used in the testing, instead of just numbers, to insure anonymity. Nowadays, anything that can leak out, will leak out.

    Posted by James Bachmann August 8, 09 12:11 PM
  1. No one but media types cares anyway. It makes writing newspaper columns and sports talk radio, ESPN programs something to talk about.

    Posted by Phillip Glasser August 8, 09 12:12 PM
  1. Only a fool would swallow this spin. We all love papi but there has never been (other than bonds and sosa) a more obvious steroid user. A bum in Minnesota.
    The most feared hitter in the game in Boston. You guys still defending him must still think Oswald acted alone.

    Posted by travis bickle August 8, 09 12:13 PM
  1. Not going to fly...what a bunch of crap..

    Posted by Don August 8, 09 12:14 PM
  1. The Association is slowly but surely killing baseball and setting the worst example for our youth. Blame the lawyers, blame the NY Times, blame the whole system; just don't blame the cheaters, right? Disgusting. It is also unreasonable to try to keep such a list secret, and unfair to those whose names are leaked. The Association should focus on cleaning up baseball, not hiding the culprits, especially when no legal action can be taken against the latter. It's just their reputation that is at stake, nothing else. Cheaters should face the music. Publish the list once and for all and let's move on.

    Posted by Phil August 8, 09 12:15 PM
  1. The Association is slowly but surely killing baseball and setting the worst example for our youth. Blame the lawyers, blame the NY Times, blame the whole system; just don't blame the cheaters, right? Disgusting. It is also unreasonable to try to keep such a list secret, and unfair to those whose names are leaked. The Association should focus on cleaning up baseball, not hiding the culprits, especially when no legal action can be taken against the latter. It's just their reputation that is at stake, nothing else. Cheaters should face the music. Publish the list once and for all and let's move on.

    Posted by Phil August 8, 09 12:15 PM
  1. OK. What about the presumption of innoncence? Isn't that another casualty? Do Shaughnessy, Massarotti, and Borges really have more facts than the rest of us? I don't think so. Yet, within less than 24 hours of the NYTimes article, they eviscerate Ortiz in their columns because somebody told somebody who told somebody else that he was "on the list." The only "fact" here is that schadenfreude sells papers.

    Posted by HASTAZO August 8, 09 12:16 PM
  1. Comeon ,why is it that everyone wants to say Ortiz is guilty without seeing any facts whatsoever.what happened to the idea that people are innocent until proven guilty? David Ortiz has done nothing but provide us with the greatest memories of our lives for the Sox and everyone is so quick to condemn him because of 1 bad year and one unproven allegation. What have we as a nation come to. If it is true then so be it....just remember these positive tests are still from before our championships and those came when testing was in place. He hasn't failed a test since so let's let him tell his side!!!

    Posted by bigpapifan August 8, 09 12:20 PM
  1. Interesting how the players association falls over themselves to protect Big Papi, but didn't bring this up and smoke screen for Arod?! hmmm So in the end ARoid or AFraud (which ever you prefer) tells the truth and "Big Fraud" hides behind the union...irony indeed

    Posted by Eddie August 8, 09 12:22 PM
  1. On the morning of Ortiz's press conference, the numbers suddenly have come down and the tests are described as unreliable?

    If any of that were true, we would have heard it before.

    Ortiz and John Henry's lawyers must have put a gun to MLB's head.

    If Alex had tried this, he would have been run out of the country.

    Posted by Thomas August 8, 09 12:25 PM
  1. Icky People.com has the list of the 103 players accused of taking steroids, you all know that list has been out for awhile, right.

    Posted by Bill Smith August 8, 09 12:29 PM
  1. If you believe David Ortiz did not do steroids, you are seriously deluded. It was obvious before this report. The guy was non-tendered by Minnesotta, was playing behind Jeremy Giambi in Boston before, like so many others, he exploded. MLB starts testing, and he has a precipitous decline in ability. Remove your head from your rear.

    Posted by MJM August 8, 09 12:29 PM
  1. If you type into google Baseball list of the 103 players that used steroids, its on many sites..A friend of mine in New York works for a pharmaceutical firm there and claims Derek Jeter and Cano are using a different substance, very difficult to detect, look at the years both are having. There is so much more going on.

    Posted by Phil August 8, 09 12:36 PM
  1. David Ortiz is a classless liar, hiding behind the players union.

    Posted by TRReilly1965 August 8, 09 12:38 PM
  1. This is an absolutely embarrassing press conference. Yeah -- attack the list itself. Ducking all responsibility and details because of a "court order." Why say anything? This is worse than A-rod. The Ortiz embarrassment just gets worse and worse. He's dead weight now anyway -- time to cut him and move on.

    Posted by Matt August 8, 09 12:40 PM
  1. Two suggestions, fans need some answeres now, baseball is making the money and do you really think they care who's using?? Boycotting baseball would hit this sport where they would pay attention, in the pocket books. Second, fans need to start empowering themselves on issues here, salary limits, no steroids, by creating web sites and visiting and writing letters to their local papers, on theses issues, Letters to the Editor is a great way to send the message out. Fans are tired of the spending and cheating.

    Posted by Bill Smith August 8, 09 12:44 PM
  1. So far, all of the results have been accurate. The only players where anyone could have any question admitted they took steroids or were on the list. And yet the MLBPA is preparing for more leaks by suggesting the released players won't be accurate.

    Do they think we're stupid?

    Posted by Jesse August 8, 09 01:00 PM
  1. Amazing ... David Ortiz is talking, and you can't even see MLB Union President, Muichael Weiner's lips moving.

    Posted by Bill in Rhode Island August 8, 09 01:00 PM
  1. Comment 32:

    "If Ortiz didn't do steroids he would have said "I didn't do steroids and I'm going to find out what this report is about"... not "I'm going to find out what I tested positive for...""

    You're completely wrong. There are all kinds of creams and supplements that contain steroids and can produce a positive test, and before players got their consciousness raised it was very easy to take them without knowing. I once used a skin cream to treat a rash that had steroids in it, and I had no idea this was the case when I bought it. You have absolutely no understanding of the situation. Unfortunately, there are far too many people like you.

    Posted by Mister Snitch August 8, 09 01:01 PM
  1. Let me spell out some facts for some of you mentally challenged out there:

    1- there is a court order sealing "the list" - thus it cannot be released by the union even if they wanted to.
    2-Bud Selig cannot release the list if he wanted to because it belongs to the Union - not MLB
    3- It seems there was a lack of clarification in what was communicated to those on the list at the time it was seized by the Feds - people were informed that they were on a list - not that they tested positive. I know some of you do not have the mental capacity to understand that subtlety, but at least try (this includes Boston sports journalists).
    4- if the Union was to publish the list, they would be liable to suits from those who thought it was supposed to be confidential.
    5. There are legitimate questions as to what the list really means that need to be clarified

    When Big Poopie ( due to his performance this year) is convicted/admits guilt, we can all pile on - in the meantime, can we at least look at the real issues this story has thrown up: athletes & entertainers should never be put on a pedestal, the integrity of the US legal system is in question & why has no journalist worth his salt tried to out the lawyers who leaked the list? Don't expect the Globe to challenge its parent company - NY Times.

    Posted by Mamba August 8, 09 01:10 PM
  1. Why isn't there a HUGE uproar over WHO IS LEAKING this 'court ordered' sealed!

    A-Rod may have admitted his steroid use because he was one of the FEW on the list who HAD taken steroids. But MOST of the names on that list HAD NOT. The fact that these players cannot find out any information regarding this list (Again, it's sealed) - makes it impossible for the innocent to prove themselves so.

    Here is a callenge for all the journalist who love to report the juicy stuff: Find the reporter who walked into the gym to confront A-Rod and told him, " A source told me that your name is on a list from 2003...." Let's get her under a hot lamp and find out who is leaking this sealed information and ruining lives. Now THAT would be a story!

    Posted by Baseball fan August 8, 09 01:19 PM
  1. Well, that was pretty vague and David should've at least had some idea of what may have triggered the positive test . It is pretty alarming that you can have your name thrown out there and that you can't even get the info for yourself to clear your name. Now, let's see I'd the lawyers come and
    Anonomously tell what the players tested positive for!!! Interesting!!! Well , now we can get the shovels back out and unbury our Red Sox hero!!!

    Posted by Bigpapifan August 8, 09 01:23 PM
  1. #44 "#

    "Interesting how the players association falls over themselves to protect Big Papi, but didn't bring this up and smoke screen for Arod?! hmmm So in the end ARoid or AFraud (which ever you prefer) tells the truth and "Big Fraud" hides behind the union...irony indeed"

    That's because people actually like David Ortiz.

    Posted by Sam August 8, 09 01:49 PM
  1. People dismissive of the "legalese" in the statement don't get it. Everything they've said makes perfect sense. The players are in a bind. They can't get the list to confirm if their name is on it and if they did, they'd be in contempt of court if they defended themselves on that basis. They don't get to be an "anonymous source."

    Does that mean Ortiz didn't test positive? No. But it does mean that he has no way to defend himself conclusively. It kills me to say it, but the same is true for A-Rod. God, it kills me to give him credit for anything, but it's true. No one knows how this is going to play out.

    Posted by NHBBallFan August 8, 09 01:59 PM
  1. David has no idea what he took and the Players Association will not take steps to verify the names and drugs taken. And the Sox think that's OK and Toni the tooth fairy Mazzarotti thinks David "remenber I made a ton of money writing a book with him" Ortiz is credible. We haven't seen stuff like this since Dick Cheney was convincing America that there were weapons of mass destruction in Iraq. Did you think Cheney was credible too, Toni?

    Posted by johnboy August 8, 09 02:22 PM
  1. Imagine if Alex Rodriquez had had the same press conference. The Globe, the Sox and ESPN would have laughed him off the stage. If you are innocent and unkowining why do you need the most powerful man in the union that;s destroying baseball to hold your hand. What courage.

    Posted by dougyboy August 8, 09 02:29 PM
  1. Baseball fan- Have some more Kool-aid.

    Posted by amy August 8, 09 02:37 PM
  1. Hey Bill Smith,you are a dumbsh*t.The Boston Globe is also owned by the NYTimes you jackoff.So put that in your redundant equation.

    Posted by comedyicondotcom August 8, 09 02:40 PM
  1. Ouch- 100% of the Red Sox titles since 1918 are tainted.

    Posted by Diamond Cutters August 8, 09 03:11 PM
  1. Ouch- 100% of the Red Sox titles since 1918 are tainted.

    Posted by Diamond Cutters August 8, 09 03:12 PM
  1. Ouch - you're a stupid moron.

    Posted by jazad August 8, 09 04:25 PM
  1. Love the CLOWNS on this thread that think they know more than MLBPA on this matter. You donkey have NO CLUE what you are talking about, have never seen the test results and are talking out of your pie holes. Until we see a definitive list with ALL POSITIVE TESTS and what they tested positive for, this is a bunch of BS.

    Posted by Chris P August 8, 09 05:13 PM
  1. Who Cares. Get on with the game. Everyone should start with a clean slate. Get over it. Cheryl

    Posted by Cheryl Bastow August 10, 09 01:44 AM
  1. Get over it. Get on with the game. Start new.

    Posted by yhreka August 10, 09 01:55 AM
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