Friday, May 8, 2009

The Legal Side of the Manny Wood Mess


My Thoughts on Manny, Reality, and the Fantasy Play

First of all, it’s good to be back. I have been otherwise engaged the past week and not able to do any blogging on my legal or baseball pages. And there has certainly been news.

Here is my take on Manny the Moronic both in and out of Fantasyland.

First of all, let’s go to the reality. I am a criminal defense lawyer. When a guy gets bonded out on a drug offense, he is told he cannot use drugs. When he is put on probation, he is told he cannot use drugs. But some do, and they get caught and reprimanded, even jailed.

One of the things the courts and jurists have learned is that the drug users cannot help themselves and repeat their violations. So they try to outsmart the system repeatedly by using drugs illegally and then employing ‘masking agents’ which cover up their use in the body afterwards. But forensics and science testing being what it is, the masking agent can be chemically discovered in the bloodstream, thanks to Gary Sinise and CSI NY. So what we know is that when a ‘masking agent’ is found it is a clear indication that he may have been using at an earlier date; presumptive proof that the user may not be testing positive today, but it is only because of what he did improperly yesterday.

As a matter of fact, it is now a violation of your pre trial release or probation to test positive for a ‘masking agent’ because it suggests to the court you are using prohibited substances to begin with. The substance found in Manny’s body, a human fertility drug found in women, HCG, is one of those masking agents. It suggests then that Manny went to a doctor and was given a Hobson’s choice.
“I have been using steroids,” he must have said, and “I either have to admit it, come clean, get suspended, or hope that I can hide it with a masking agent, and scientific analysis being what it is, there is a less chance I will test positive if I use the masking agent.” So either on his own or in consultation with others he rolled the dice and lost. Don't buy into the apology. You are not getting the whole story, anymore than you did with A Rod, who clearly needed a lot more counseling before he spoke to the public.

The chemical analysis of Manny Ramirez revealed not the presence of a steroid, but the masking agent designed to cover up its use. And the Major league drug policy, like the courts, bans the masking agents because they know if they are there now, it is because of what was in your body previously. Manny knew it too, and quickly subscribed to the 50 game suspension. This may also account for the reason Manny chose to avoid signing with a team earlier; may explain that he was not only not trying to avoid Spring Training, but that he was trying to avoid the inevitable testing that would come with a signing.

Yes, he was stupid. But deceptive too. Rules, major league baseball included, have exemptions. If the testosterone he sought was clinically indicated by a physician, he could have noticed MLB in advance and communicated the need for the usage. But the need was less than legit. Somehow I am thinking the Doctor in Miami that Manny visited with knew something about the rules, and that given the number of athletes down here, MLB has a list of suggested ones, just as they have a list of those substances which are prohibited under the policy. Someone sold him a bill of goods that these masking agents worked, and not to worry. So he relied on what worked before.
Cops can't pull everyone over who is speeding either. And you don't catch every fish in the ocean. But they are out there, and sometimes you snare a big one.
So Manny the Fun Queen has done to his name what so many other superstars have done before him, tarnished it. And for such a talent, you gotta wonder why. All I can think is that they are spoiled, foolish, misled, and do not appreciate the gifts they have been given, do not grasp the rules applies to president and paupers. There is just too much of a vacuum where the brain belongs. I have no sympathy for him. I have sympathy for the sport I love, the athletes I admire, and the stain they keep putting on the field.

I think I will write about the baseball impact later. This column kind of ruined what I wanted the blog to be about. I want to write about baseball here, the bats, not the brats; the hits not the empty hats.

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