http://www.nypost.com/p/sports/yankees/rod_attorney_appeal_will_shred_documents_Sb1l83AKgmm5rmR5H0iDwN
TAMPA — While Alex Rodriguez spent time hitting yesterday, we learned considerably more about his defense.
Major League Baseball isn’t impressed. And baseball is so offended by A-Rod’s alleged behavior it might try to keep him off the field immediately.
With MLB set to bring down the suspension hammer on Rodriguez and other Biogenesis suspects as soon as tomorrow, his attorney, David Cornwell, offered a glimpse yesterday of how the beleaguered Yankees’ third baseman intends to appeal such a penalty. The Post reported Sunday that MLB is leaning toward suspending A-Rod for the duration of the 2013 season and all of 2014, as it would be difficult to defend a life sentence in front of arbitrator Fredric Horowitz.
Cornwell, who made his name in baseball by successfully defending Ryan Braun’s positive drug test last year, told Stephen A. Smith of ESPN NY Radio he expects Rodriguez to challenge his imminent suspension and focused his criticism on the documents (featuring the names of Rodriguez and other ballplayers) that appeared originally in the Miami New Times.
“What’s been made public are various documents that a disgruntled ex-employee of Biogenesis allegedly stole,” Cornwell said, referring to Porter Fischer. “I would imagine we’ll spend some time talking with the arbitrator about the documents and things of that nature. Their authenticity, their relevancy, the reliability — all of the things that typically arise in an adversarial proceeding will be the basis of our defense of Alex in his appeal hearing.”
While the New Times’ publication of these documents publicized the Biogenesis case, MLB officials believe that they have gathered enough other, superior evidence from Biogenesis owner Anthony Bosch — most notably direct communication between Bosch and Rodriguez — that Fischer’s credibility is a moot issue.
Asked yesterday what would constitute a victory, Cornwell replied, “No discipline.”
Of Bosch, Cornwell said, “Obviously, they [baseball officials] believe that he’s credible. I have my concerns. But what’s most important is whether or not arbitrator Horowitz will believe that he’s credible or not. And that’s something we will present in a hearing room, not through the media.”
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http://www.nydailynews.com/sports/baseball/yankees/fast-a-rod-appeals-selig-prepared-invoke-commish-power-article-1.1412251
If Alex Rodriguez is intent on appealing his looming suspension in an effort to stay on the field and protect his contract, commissioner Bud Selig is prepared to throw the book at the
steroid-stained Yankee by invoking one of his office’s most extreme privileges — the right to take action against a player to preserve the integrity of the game, the Daily News has learned.
By invoking that rarely used power — embodied in Article XI, Section A1b of the game’s collective bargaining agreement — Selig would attempt to effectively keep Rodriguez from ever returning to the field by bypassing the grievance procedure outlined in the joint drug program MLB operates in conjunction with the Players’ Association, sources told The News.
Rodriguez would be suspended immediately for interfering with MLB’s year-long investigation into Biogenesis, the South Florida anti-aging clinic that allegedly supplied performance-enhancing drugs to the aging infielder and other players, and would later be hit with an additional suspension for violating baseball’s drug program.
MLB investigators believe Rodriguez attempted to intimidate witnesses and purchase incriminating documents to keep them out of the hands of baseball officials.
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