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Monday, January 5, 2009
Romero Suspended

Major League Baseball will announce tomorrow that it has suspended J.C. Romero for 50 games for violating its substance policy.

Romero was not accused or found guilty of knowingly using a banned, performance-enhancing substance. Baseball and Romero agree that he used only an over-the-counter supplement he bought in a retail store in Cherry Hill. Romero is being suspended for 50 games and losing about $1.25 million in salary because, an abritrator ruled, he was "negligent" in not knowing what was in the supplement.

"One thing I'm going to say, I'm a man and I'm accountable for my actions," the Phillies reliever said in a telephone interview with The Inquirer's Phil Sheridan. "If I'm guilty of something, you know what? I will face it. But I'm not guilty, and I'm not letting people that don't really know me judge me over something and accuse me of something that I didn't do."

There seems to be quite a bit of gray area and confusion about what happened and why. Romero is not afraid of speaking out. He's not about to sit and take his punishment quietly because he believes he did nothing wrong.

"If people are intimidated because Major League [Baseball] is a big organization, so be it," Romero said. "But they are not going to make an example of me thinking that I'm just a [dumb]ass Puerto Rican. It's not going to happen. It's not the way I'm built. For me to keep my mouth shut? That's not the right thing to do. If they want to bump me out of the game, so be it. What am I going to do, just sit back and take it? When I know in my heart I'm innocent? That doesn't fly well with me and it doesn't fly well in my house, either."

Regardless, the Phillies lose one of their top relief pitchers until June 1. The Phillies weren't commenting last night because MLB hasn't officially announced the suspension, but you're probably wondering what the Phillies are going to do while Romero is out. The answer: They likely will work with what they have. Lefthander Scott Eyre's role certainly has been elevated with Romero out of the picture. Lefthander Mike Zagurski is coming back from Tommy John surgery. He could be an option. Lefthander J.A. Happ also could be an option, if he doesn't win a spot in the rotation. The Phillies also could stick with Eyre as the only lefthander in the bullpen and go with the best arms available (a philosophy Ruben Amaro Jr. has talked about in the past). There are some top free agent lefthanders out there like Joe Beimel, but the Phillies are unlikely to pursue them because Romero will be back at some point and they probably feel they can hold the fort until he's back.

Update (10:09 a.m.): It's official. MLB announced it has suspended Romero for 50 games "for testing positive for a performance-enhancing substance in violation of Major League Baseball's Joint Drug Prevention and Treatment Program."

Update (11:02 a.m.): The players' union released a statement regarding the suspensions of Sergio Mitre and Romero:

“Sergio Mitre and J.C. Romero were suspended for fifty games each by the Commissioner because they tested positive during the 2008 regular season for a Performance Enhancing Substance. Those suspensions were upheld by a neutral third-party arbitrator after hearing. We strongly disagree with the Commissioner’s discipline and with the arbitrator’s decision.

“Mitre and Romero both legally purchased nutritional supplements from national chain stores in the United States. Nothing on the labels of those supplements indicated that they contained a trace amount of a substance prohibited under Major League Baseball’s Joint Drug Prevention and Treatment Program. Neither player intentionally ingested this prohibited substance, but the arbitrator nevertheless found, wrongly in our view, that the players’ conduct
violated the Program’s “no fault or negligence” standard.

“The Union respects the arbitration process and treats the decision as final. In our view, though, the resulting discipline imposed upon Mitre and Romero is unfair. These players should not be suspended. Their unknowing actions plainly are distinguishable from those of a person who intentionally used an illegal performance-enhancing substance.

“The Association and the Commissioner’s Office must now act to prevent future similar occurrences within baseball. The Association remains committed to a strong Joint Drug Program, but will continue to advocate forcefully for fair treatment of our members."

Posted by Todd Zolecki @ 10:14 PM  Permalink | 30 comments
30
Comments   
Posted 12:56 PM, 01/06/2009
Sully
As upset as I am with MLB and the Union, the responsibility ultimately lies on the shoulders of the player. It's obvious that JC didn't want to do anything illegal and made an effort to avoid it, but the end result is that he consumed a banned substance. The little-talked about avenue he could have pursued is the Hot Line. The players have a phone number they can call to check the legality of any product. Granted, it's not perfect (see Minnesota Vikings this year) but at least it would have given JC more ammunition during his arbitration. I really hope the suspension doesn't stick, as JC came in on one of those "minor deals" that pay HUGE dividends. Remember, the Phils left Spring Training with Romero the only lefty in the bullpen. Eyre, I don't think, can hold the weight of that distinction this year.
Posted 12:16 PM, 01/06/2009
Norma
I'm really glad that J.C. decided to accept his 50 game suspension, and not go for the "deal" of 25 games if he admitted wrong doing. That could have been the easy way out. On that note, I agree he should appeal. Totally bogus charges.
Posted 11:55 AM, 01/06/2009
freebistat
Rollins was right- I agree with what you say. What we dont seem to know - among other things - is wheter if he called the hotline and told them what product he was buying whehter they would ahve told him it was ok or to stay away from it. It seems to me that if the hotline doesnt list the right substances, he shouldnt be held accountalbe for them. On the other hand, if as has been stated he went to a Phillies trainer shouldnt they have called? I am alarmed that the Philles let their players take otc substances without first scrutinizing them. What would have happened if JC were suspended for the playoffs? The team and their trainers need to get a better handle on this stuff.
Posted 11:41 AM, 01/06/2009
RollinsWasRight
freebistat - all fair points, and I totally agree, except for the part about the hotline. While it is true it exists, and apparently neither Romero nor anyone he consulted called it, doing so would likely not have prevented this situation, as MLB has no proof it was aware that this substance could lead to a positive test until AFTER Romero's nutritionist submitted a sample for testing. Also, there is the little issue of the submitted sample having been tested, and MLB discovering this substance COULD lead to a positive test, and that information somehow not being communicated back to Romero. None of the articles I have read addressed clearly who was at fault there, but clearly someone dropped the ball in telling J.C. "Hey, this new supplement you brought to us could be a problem. I wouldn't mess with it if I were you." It would interesting to find out where that communication broke down. And the notion of it being the players' responsibility is true in all pro sports leagues, but IMO it is entirely a cop-out by the leagues who have these policies. No one can realistically expect a player to maintain a staff of chemists to test every supplement available, nor expect them not take supplements. They don't get to be world class athletes by simply eating healthy and going to the gym. At some point the players need to be able to trust the "experts" provided to them by their respective teams and leagues, and when those "experts" fail, I find it difficult to fault the player. Another curious tidbit is that the chemical that "popped hot" in Romero's urine sample did not appear on the label of the bottle J.C. brought to his arbitration hearing, but somehow miraculously appeared on another bottle provide by MLB. I wonder if J.C. has a legit claim against the manufacturer, if in fact he has to miss 50 games without pay. $1.25M is a lot of money.
Posted 11:24 AM, 01/06/2009
freebistat
Let me start by saying that MLB is over the top in handing down a 50 game suspension. 5 gfames, 10 games would have sent the message, I think. That said, the rule on banned substances clearly states that it is the player's responsibility and they provide an information hotline to check on individual substances. Apparently neither Romero or his two "nutiritionists" - ro the Phillies trainer, for that matter - bothered to call the line. The union has some responsibility here as well since it sent out a memo stating that otc supplements were ok. But that doesnt relieve Romero of his responsibility. It is not as if 30 other players have been caught using the same "legal" substance. Remember, it wasnt that long ago that Andro was avaialble over the counter.
Posted 11:23 AM, 01/06/2009
PhillyTheKid
One word: APPEAL
Posted 11:20 AM, 01/06/2009
Gary Varsho
RWR - the FDA is full of holes.
Posted 10:45 AM, 01/06/2009
RollinsWasRight
Varsho - the red flag this raises in my mind, now that I have thought it through a bit and read several pieces on it, is this: How good of a job is the FDA doing, if they approved a substance that apparently includes a chemical not clearly listed on the label, a fact later discovered in a simple urine test performed by MLB? Wouldn't you think the FDA would be expected to be more thorough than baseball? If not, then what exactly is being done with all of our tax-payer dollars that go to fund the FDA? I also agree with your point about prescription meds - unfortunately those are tougher to police because athletes manage to land seemingly valid prescriptions from doctors for prescription-only substances they have no real medical need for; see: Todd Sauerbrun, P, Carolina Panthers.
Posted 10:36 AM, 01/06/2009
KarenA
It just plain stinks and tarnishes the afterglow a bit of the Phils WS victory and the pending new season. Plus Romero seems like he followed the rules and got screwed on a technicality.
Posted 10:25 AM, 01/06/2009
Gary Varsho
RWR - I agree with your last point. If a substance is legal, especially over the counter, it should not be banned. However, there are "legal" substances that you can not get over the counter which should be banned, such as HGH. (Its legal with a prescription, but for obvious reasons should be banned for professional athletes.) But if a product is available legally to any average Joe on the street, over the counter and without prescription, then it should not be a banned substance.
Posted 10:08 AM, 01/06/2009
RollinsWasRight
There is a simple solution to all of this nonsense - stop banning legal substances. If he tested positive for cocaine, fine, suspend him. If he tested positive for some nondescript chemical found in legal, FDA approved vitmain or mineral supplements, who cares? This whole thing kind of makes me want to personally apologize to Mike Cameron for his 50-game suspension last year. Maybe he really didn't do anything wrong. I had no idea the system was still so bad at detecting, monitoring, and policing all of this garbage.
Posted 10:01 AM, 01/06/2009
RollinsWasRight
RobC - I like the part where the MLBPA informs all its members that FDA-approved supplements purchased over-the-counter in US retail stores are ok, then, 3 months AFTER Romero tests positive, they send out a letter saying, "Oops, maybe not..." and Romero has to suffer for what he was told several times was kosher, and turned out not to be so. I do fail to see how the player could be negligent when he seemingly went to great lengths to determine the validity of the substance and was told at every turn it was ok, until it turned out to not be ok.
Posted 09:58 AM, 01/06/2009
RollinsWasRight
Oh, isn't this just lovely? Just what we needed following our first World Series win in 28 years. I don't know what to think. It sounds like J.C. has a case, and the Phillie fan in me wants to sympathize with him and blast Bud Selig, MLB and the MLBPA. But the baseball fan in me that has watched this whole steroid saga unfold keeps thinking, "Yeah right. J.C. is hardly the first player to get caught cheating and cry foul after the fact." Either way, Bud Selig should be fired. Not so much for this, but just for the simple fact that he is the worst thing to happen to baseball in 50 years. He can hang his hat on record revenues all he wants; anyone with a modicum of business sense knows the record revenues have little to do with Bud Selig, and everything to do with the advent of the internet, the economic boom of the mid- to late-90's, and the explosive growth in the telecommunications industry. Bud had nothing to do with those, he simply took advantage, like any businessman with a functioning brain cell would have. I could run MLB better. In regards to J.C., I wish MLB and the MLBPA would release the transcripts of his arbitration hearing (which, of course, will never happen) so the rest of us can formulate an intelligent opinion. Regardless though, Phil Sheridan had it right. Logically, one of the following is invariably true; either: A. MLB believed J.C. Romero to be a cheater and allowed him to pitch in the World Series anyway, or B. MLB does not believe J.C. Romero to be a cheater and is suspending him for 50 games, tarnishing his reputation, and costing him $1.25M anyway. Either way, MLB sucks. Self-centered, incompetent, arse-covering, buck-passing, unaccountable, arrogant toerags that Spud Selig and his staff are.
Posted 09:55 AM, 01/06/2009
RobC
I especially like the part in the article where MLB changes their mind and only will reduce the suspension if it starts immediately (thus knocking Romero out of the World Series).
Posted 09:44 AM, 01/06/2009
B in DC
Does anyone know if the arbitrator is the last word? Can he appeal the suspension to someone else? And would that even matter, or would MLB just hold the line. This reminds me of the Hollis Thomas thig a few years back when he went to N.O. and was caught using diabetes medication, or something like that. He served his suspension, and I'd bet MLB would use that as precedent to say they need to be at least as tough as NFL.
Posted 09:24 AM, 01/06/2009
parkwood
How can MLB suspend JC for being negligent? When you read the reports, it sure sounds like MLB and MLBPA are the ones that were negligent. Also, MLB’s offer to JC to reduce the suspension to 25 games if he admits he is guilty sounds like someone (MLB) has a guilty conscience because they didn’t do their job properly. Even when the Phillies trainer sent the sample to MLB, they said it could possibly not pass the drug test. Could possibly?? How is that any guidance to the players? Couldn’t they say that about every supplement out there? I hope JC fights this big time.
Posted 09:03 AM, 01/06/2009
Lynx
I have a question. Does the amount of money Romero loses (about $1.5 million) stay with the Phillies, or do the Phillies still need to pay it (and it goes to MLB or somewhere). In other words, assuming the suspension holds up, did the Phillies just find another $1.5 million?
Posted 08:35 AM, 01/06/2009
steveku2
I can't believe the Phillies organization isn't going to fight this. First it was the utter embarassment of playing a World Series game in a steady, heavy rain. Now one of their relievers is suspended in spite of his innocence. How can the Phillies take this and not fight back?
Posted 07:52 AM, 01/06/2009
Goo
Where is the Players Union in this railroading of one of their members? Is there no support for a man who did all that could be done to look into the product PRIOR to taking it? He was assured & re-assured that it was ok before he tried it. Support your player, Union members & Phils org.
Posted 06:12 AM, 01/06/2009
fla
yo drew, what kind of moron are you? Do you really think the amount of face time they get on ESPN effects how they play?
Comment removed.
Posted 03:20 AM, 01/06/2009
tyrone_loves_guns
bring back the "Wild Thing"
Posted 01:14 AM, 01/06/2009
Drew777
ESPN and MLB hates the Phillies. Gammon's won't even mention them on Sportscenter. Olney is only allowed to talk about them once a week. It's payback for a low rated series. They want to prevent the Phils at all costs from repeating 09.
Posted 12:26 AM, 01/06/2009
93phils
Nothing wrong with signing Chan Ho Park. It looks like he might end up replacing Seanez.. who i think they should bring back via a minor league contract
Posted 12:12 AM, 01/06/2009
KMG
Unless they take away the world series banner I could care less if all 25 of them took dyphenhydrocorticodozne, or whatever.
Posted 12:00 AM, 01/06/2009
didderbops
Bud Selig: One of the all time class acts.
Posted 11:40 PM, 01/05/2009
david
Maybe this is why they made the mysterious Chan Ho-Park decision.
Posted 11:32 PM, 01/05/2009
timm2
i posted this on the comments of the article but i'll post here too. this is an absolute joke. i'm sure a few lawyers read this so i ask, is there a class action lawsuit that can filed on behalf of the fans against the ruling (mlb)? one that argues along the lines that the fans are being cheated because of the suspension and why it was given? don't know what it would do but if romero is out of options then maybe something else needs to be done.
Posted 10:54 PM, 01/05/2009
Brian F.
Peter Gammons's story is excellent, and the facts clearly state that Romero should be cleared of any fine/suspension. Because it is so clear, so black & white, so open & shut in favor of Romero: MLB will have no choice but to continue their flawed judgment. Because that is how they choose to operate when it comes to their drug policies. Only some diligent reporting from baseball scribes like our friend 'Zo will force a proper resolution in this matter.
Posted 10:37 PM, 01/05/2009
philsfan in the atx
This is worse then the Seinfeld where Elaine eats the poppy seeds...absolute joke by MLB and terrible by the players association! Gotta be overuled someway somehow..strong arm them Zo!!
About Andy Martino
Andy Martino is in his first season on the Phillies beat. A former New York City public school teacher and graduate of the Columbia University Graduate School of Journalism, he previously wrote for the New York Daily News, where he covered baseball and worked with the award-winning investigative sports "I-team."
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