Frankie Cervelli does not need surgery to treat a stress reaction in his right elbow, the Yankees announced. He saw Dr. James Andrews after complaining of nagging discomfort. Cervelli’s season is over one way or another, either due to the injury or due to his 50-day Biogenesis suspension.
As expected, Major League Baseball (finally) announced Alex Rodriguez has been suspended for the remainder of 2013 and all of 2014 for his involvement in the Biogenesis scandal. It’s officially a 211-game suspension, which is basically broken down in a 50-game first-time ban plus 161 games for interfering with the investigation. From the official release:
Rodriguez’s discipline under the Joint Drug Prevention and Treatment Program is based on his use and possession of numerous forms of prohibited performance-enhancing substances, including Testosterone and human Growth Hormone, over the course of multiple years. Rodriguez’s discipline under the Basic Agreement is for attempting to cover-up his violations of the Program by engaging in a course of conduct intended to obstruct and frustrate the Office of the Commissioner’s investigation. The suspension, which will become effective on Thursday, August 8th, will cover 211 Championship Season games and any 2013 Postseason games in which Rodriguez otherwise would have been eligible to play.
Because he was suspended under the Joint Drug Agreement, A-Rod can file an appeal and play in the meantime. He will do just that, and, in a twisted coincidence, he will make his season debut against the White Sox in Chicago tonight. Here is Alex’s statement:
“I am disappointed with the penalty and intend to appeal and fight this through the process. I am eager to get back on the field and be with my teammates in Chicago tonight. I want to thank my family, friends and fans who have stood by myself through all this.”
And here is what David Cornwell, Rodriguez’s attorney, had to say:
“It is regrettable that the Commissioner’s office has taken this unprecedented action. Major League Baseball has gone well beyond the authority granted to its Joint Drug Agreement and the Basic Agreement. Consequently, we will appeal the discipline and pursue all legal remedies available to Alex.”
I wonder if that “all legal remedies available” line is an indication a lawsuit for … something, could be on the way. I guess we’ll find out eventually.
It was rumored Bud Selig would suspend Alex using the integrity clause in the Collective Bargaining Agreement, which would have kept him off the field even during an appeal, but that did not happen. Selig & Co. supposedly decided it would improve their case and better maintain labor peace by sticking with the discipline outlined in the JDA.
Rodriguez has three days to file the appeal, which is why his suspension does not officially begin until Thursday. The hearing must take place within 20 days of the appeal and a ruling must be handed down no later than 25 days after that. Frederic Horowitz will preside over the appeal. He was appointed baseball’s arbitrator last June after MLB fired Shyam Das for overturning Ryan Braun’s suspension. Horowitz can overturn or uphold the suspension, as well as reduce the number of games. This isn’t an either/or thing like salary arbitration.
Rodriguez’s camp insisted they would not discuss a plea agreement in recent weeks. MLB threatened to ban him for life using the integrity clause, but that was apparently nothing more than a bluff. A-Rod insinuated the league and the Yankees were conspiring to keep him off the field during a press conference following a recent minor league rehab game. The team responded with a strongly worded statement:
“We are in full support of Major League Baseball’s Joint Drug Prevention and Treatment Program. We also recognize and respect the appeals process. Until the process under the Drug Program is complete, we will have no comment. We are confident that the process outlined in the Drug Program will result in the appropriate resolution of this matter. In the meantime, the Yankees remain focused on playing baseball.
“However, we are compelled to address certain reckless and false allegations concerning the Yankees’ role in this matter. The New York Yankees in no way instituted and/or assisted MLB in the direction of this investigation; or used the investigation as an attempt to avoid its responsibilities under a player contract; or did its medical staff fail to provide the appropriate standard of care to Alex Rodriguez.”
Union head Michael Weiner contacted MLB on A-Rod’s behalf to talk about a settlement on Saturday, but was rebuffed. Alex contacted the team about buying out the four-plus years and $95M or so left on his contract but was told no dice due to the impending investigation and discipline. Weiner, who indicated a legal battle could drag into November or December, left no wiggle room when saying the union will stand behind it’s highest paid player:
“We believe that the Commissioner has not acted appropriately under the Basic Agreement. Mr. Rodriguez knows that the Union, consistent with its history, will defend his rights vigorously. We must revisit the JDA’s confidentiality provisions and consider implementing stricter rules for any breach.”
Players are not paid during drug suspensions, nor does their salary count against the luxury tax. A-Rod’s suspension would cost him approximately $34.2M if it started today, but his contract is front-loaded and his salaries decrease from 2013-2017. The longer the appeal takes and the further the suspension gets pushed back, the less he’ll lose. The Yankees have not been shy about their plan to get under the $189M luxury tax threshold starting next year, so shedding A-Rod’s $27.5M “tax hit” for all or part of the next few seasons would be a huge boon.
MLB is said to have “mountains” of evidence showing Rodriguez purchased and used performance-enhancing drugs from 2010-2012 with help from former Biogenesis chief Anthony Bosch. There hasn’t been much info on the evidence regarding his attempts to interfere with the investigation, however. Bosch agreed to cooperate with MLB to avoid a lawsuit, though he reportedly tried to extort a six-figure payout from the team’s third baseman first. A-Rod’s army of lawyers will surely look to discredit Bosch.
Considering his age (38), his two surgically repaired hips and overall declining skills, it’s hard to believe Alex will be able to return to the Yankees as a productive player following a lengthy suspension. Thanks to the cash savings, the team would be in a better position to negotiate a buyout of the remainder of his contract after the suspension. Well, it might be easier to swallow, I should say. It’s tough to think the suspension will be anything but a career-ender for A-Rod.
Among the other suspended players is Frankie Cervelli, who received a regular ol’ 50-game ban as a first time offender. His nature of his connection to Biogenesis is unclear. He accepted the penalty and will begin serving the suspension immediately, without appeal. Cervelli is expected to miss the rest of the season with lingering hand and elbow problems, and he’ll be allowed to serve the suspension while on the DL. The Yankees said they “are disappointed” and “it’s clear that he used bad judgment.”
Eleven other players were suspended in addition to A-Rod and Cervelli: Antonio Bastardo, Everth Cabrera, Nelson Cruz, Fautino De Los Santos (minors), Sergio Escalona (minors), Fernando Martinez (minors with Yankees), Jordan Norberto (free agent), Jhonny Peralta, Cesar Puello (minors), Jordany Valdespin (minors) and former Yankees farmhand Jesus Montero (minors). Yasmani Grandal and former Yankees Bartolo Colon and Melky Cabrera were not disciplined after serving 50-day suspensions within the last calendar year.
I wish I could say I’m glad this is all over and done with, but that’s not the case. Not even close. The appeal ensures this will drag on for another few weeks and I’m guessing there will still be regular A-Rod updates even after that. The good news is that we are a big step closer to getting some closure though. The Biogenesis stuff has been in the headlines far too long and is taking a lot away from the games on the field. It’s great MLB is going to such great lengths to clean up the game, but make no mistake, it is coming at a cost.
7:00pm: Joel Sherman reports the Yankees have been informed by the league that A-Rod will be suspended tomorrow, but Bud Selig will not invoke the “integrity of the game” power and ban him from playing during the appeals process. Barring a new injury, he’s going to be in the lineup tomorrow night against the White Sox.
10:00am: Via T.J. Quinn & Andrew Marchand: MLB will indeed suspend Alex Rodriguez on Monday for his ties to Biogenesis, and it’s likely to be a 212-game ban that keeps him out through 2014. The commissioner’s office is expected to prevent Alex from playing during the appeals process by invoking its power to protect the integrity of the game. A grievance will follow and “it could get very, very ugly,” according to the ESPN scribes.
A-Rod played in his second and final minor league rehab game with Double-A Trenton yesterday, and afterwards he said he was flying to Chicago to meet the Yankees for their series opener against the White Sox on Monday. Obviously he won’t actually rejoin the team if the report is correct. Rodriguez will lose roughly $34.2M in salary as a result of the suspension, but more importantly, his career will be over. Players in their late 30s don’t miss two full seasons and come back strong.
Eleven other players are expected to be suspended Monday as well, including Frankie Cervelli. He’ll likely receive a regular ol’ 50-game first-time ban, which he could serve this year and return to the team on Opening Day next year. Suspended players don’t count against the luxury tax, which would be huge for the Yankees given their plan to get under the $189M luxury tax threshold next year. Obviously A-Rod is more significant in that regard than Cervelli.
Via Joel Sherman & Ken Davidoff: Frankie Cervelli is among the nine players who are “leaning strongly” towards taking a plea deal from MLB following the Biogenesis investigation. MLB has told the union which players will be suspended, and Ronald Blum says the announcements could be pushed back to Friday as the various parties work out the deals. That would allow first time offenders like Cervelli to serve their 50-game suspensions this year before starting 2014 with a proverbial clean slate.
MLB is still trying to get Alex Rodriguez to accept a similar plea agreement, though his suspension is expected to be much longer than 50 games because the league claims he tried to impede the investigation. The two sides have been playing what amounts to a game of chicken in recent days —
MLB officials have leaked reports indicate MLB will seek a lifetime ban for A-Rod if he doesn’t settle, and supposedly Bud Selig is prepared to bypass the Joint Drug Agreement and use the power of the commissioner’s office to ban him from baseball citing the integrity of the game. Alex’s camp has remained defiant and insists no settlement will be made. This will all end at some point, right?
- Derek Jeter (quad) fielded ground balls hit right at him and made throws to first base yesterday, his first time doing any real baseball activity since getting hurt. He also hit off a tee and soft toss. The Cap’n is expected to take regular batting practice and run today.
- Alex Rodriguez (quad) is down in Tampa but will have to rest for a few days before resuming any kind of baseball activity.
- David Phelps (forearm) will make his first rehab start for Double-A Trenton tonight. Brian Cashman has already confirmed Phelps won’t automatically re-enter the rotation when he’s ready to come off the DL.
- Curtis Granderson (hand) took three at-bats in a simulated game yesterday. “I’m getting there. I definitely need some [at-bats],” he said. Granderson will be re-evaluated after getting more simulate game at-bats today and tomorrow.
- Kevin Youkilis (back) started rehab work about two weeks ago following his surgery. His agent said it is “early in the process,” but Youkilis said he expects to return to the team this year. The original 10-12 week timetable put him on track to return in September.
- Jayson Nix (hamstring) had six at-bats in a simulated game yesterday. He is expected to go out on a minor league rehab assignment at some point soon.
- Austin Romine (neck) has been limited by some stiffness. “I planned on catching him [Sunday], but he got to the ballpark and couldn’t turn to his left,’’ said Joe Girardi, who added Romine is getting better by the day.
- Frankie Cervelli (hand, elbow) has been participating in catching drills but has yet to do anything more than take dry swings. He said batting practice is “coming soon.”
Frankie Cervelli has been shut down for at least two weeks with a stress reaction in his right elbow. The team thinks he reaggravated an old injury by changing his throwing motion to compensate for the broken hand that has had him on the DL since April. He had just started taking being practice and was expected back shortly after the All-Star break, but now Cervelli is looking at sometime in August.
Via ESPN: MLB will seek to suspend approximately 20 (!) players for their connections to the South Florida clinic Biogenesis. Among those players are Alex Rodriguez, Ryan Braun, and Frankie Cervelli.
That part is not new; we’ve known MLB wants to hand out suspensions the whole time. The new information is that Biogenesis chief Anthony Bosch has agreed to cooperate with the investigation and will sign an affidavit saying he provided performance-enhancing drugs to various big leaguers. Obviously, all hell is about to break loose between MLB and the union.