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Attention ESPN: There Is "Direct Evidence" in the A-Rod Suspension Case

The biggest drug case in America today involves Alex Rodgiguez, third base, New York Yankees. I like to watch ESPN, preferably SportsCenter, while I eat lunch. Most of the show today was spent breaking down the 211 game suspension of Alex Rodriguez, for using performance enhancing drugs (PED's) in 2010, 2011 and 2012...then trying to cover it up. At first, I was intrigued because of the extra suspensions compared to the other players who admitted to wrongdoing and are not alleged to have tried to cover anything else up.

In many ways, the case is a lot like a criminal drug case. There is a long investigation into who had dope and how they got it. I suspect this investigation has thousands of man-hours behind, it similar to a long federal drug investigation. My most recent federal case involved an alleged marijuana ring and the FBI and DEA had 6,200 man hours into it – that's a lot of time and money. Also like a criminal case, the prosecutor (here Major League Baseball) seems to be saying that if your record is clean, you don't make us work for the "conviction." and admit we are right and you are wrong...then we will be nicer to you. Think plea bargain. Unlike most criminal cases, there are hundreds of millions of dollars at stake. Rodriguez is reported to have so many lawyers that baseball doesn't know who to talk to. The stakes in this case are certainly high.

The commentators touched on the eventual arbitration between baseball and A-Rod. Reports are saying that baseball has voluminous records that indicate Rodriguez purchased and used Human Growth Hormone (HGH) and steroids from a company in Florida. They also reported that there has been no positive drug test in the last 10 years.

The commentator then stated that because there is no positive drug test, there is no direct evidence in the case. I disagree. He said that there is only circumstantial evidence in the form of documents, witness testimony, and reports of injections into Rodriguez. I am here to tell you that when a person testifies under oath that they took a banned substance placed it into a syringe, Rodriguez dropped his pants and that employee stuck the needle directly into Rodriguez's skin, that is direct evidence. Reports have stated that Anthony Bosch (a Biogensis Employee) can and will testify to injecting Rodriguez.

Circumstantial evidence in this case would be testimony to the effect of "I took drugs put them in a syringe in a small room, I led Rodriguez down the hall to the room, he closed the door for a few minutes, the door opened, he left, the syringe was empty." There also seems to be ample amounts of direct evidence that Rodriguez tampered with the investigation. Documents being transferred from Biogenesis to him, for money, during the investigation, destruction of documents with his name on them.

I am very curious to find out more about the similarities between the A-Rod investigation and typical drug investigations. I want to know who baseball has hired to conduct their investigations. I suspect they have some former FBI or DEA type fellows who take years to do their work. It is always interesting how a private investigator works, compared to a police type investigator. In some ways they have less formal rules. In other ways they don't have the power of the government behind them anymore. Then again, some people might say that baseball is more powerful than a lot of government entities.

If you have questions about drug crimes, federal crimes, or evidence in a criminal case contact our criminal defense lawyer in Rochester for a consultation about your case.