Commentary: Romero The Fall Guy In A True Mess

Posted by Tim Malcolm, Tue, January 06, 2009 07:18 AM

For a few moments, we were rocked — nay, floored when learning that Major League Baseball was suspending JC Romero 50 games for testing positive for a performance-enhancing drug. But after reading the stories and absorbing the facts, we soon learned Romero was merely the fall guy in a complete collapse of communication between the league and the MLB Players Association.

“I still cannot see where I did something wrong,” Romero told ESPN.com. “There is nothing that should take away from the rings of my teammates. I didn’t cheat. I tried to follow the rules.”

Going back, here’s what we know. Romero purchased the drug in July. He was tested Aug. 26. In September, Romero was informed he failed the test. Romero met with MLB officials and an arbitrator sometime between Oct. 22 and 23 in Tampa, where he was informed that in July, the Center for Drug Free Support questioned the legality of the drug Romero had purchased. In November, the Players Association sent a letter to players notifying them the drug — along with two others — was recently deemed illegal.

So, according to this logic, Romero probably didn’t know about the illegality of the drug until after purchase, and it’s very likely Major League Baseball didn’t know about it either until after purchase.

The question of retroactivity is one that dominates the issue of illegal performance-enhancing drugs in baseball. It’s the same question that made it possible for Congress to call on, and for us to denounce Mark McGwire after he retired. Can somebody be found guilty for something that wasn’t illegal — or wasn’t known as illegal — after the fact?

Of course, comparing Romero to McGwire is to compare apples and cheeseburgers. Seemingly, Romero purchased weight gainer, or something of that sort, over a counter at a GNC. McGwire, meanwhile, likely used a network of dealers and providers to receive his HGH, or what have you. (I’m being inconclusive for a reason.) The point is Romero’s mishap — if you even want to pin blame on Romero — is small potatoes. And yes, if he knew about the illegality of the drug at the time, and Major League Baseball knew about the illegality of the drug at the time, he would certainly deserve a 50-game suspension.

But the sheer fact that this was an originally accepted drug makes this entire issue ludicrous. Just as if McGwire did use drugs, and they were legal at the time, his damning at the face of Congress would also be ludicrous.

Major League Baseball did a fine job cleaning its messes in the past calendar year. The Mitchell Report — while somewhat over-involved — brought the past of the game some clarity while providing a foundation for the future. First-time offenders of illegal substances would get a 50-game slap. It worked. Players were suspended. Lessons were learned.

But this is now a sticky situation, and both Major League Baseball and the Players Association are to blame. Sometime between the July discussions with the Center for a Drug Free Support and Romero’s August test, Major League Baseball should have worked with the Players Association to find those players who took the originally legal substances. And at that point, it should have informed those players to stop taking the substances, while dealing with each positive testing in the near future with kid gloves.

Instead, JC Romero is paying a price that he seemingly never deserved, or saw coming. There’s no reason to doubt Romero’s innocence here — the facts show he’s been victimized. It’s time the organizations to blame clean this up, and now, before they further taint the baseball’s image.

Permalink Comments (61) | Trackback (0)

61 Responses to “Commentary: Romero The Fall Guy In A True Mess”

  1. MA Phanatic Says:
    January 6th, 2009 at 10:24 am

    I don’t understand this situation, and this could turn on MLB in a negative way if it isn’t cleared up soon. How can you penalize a player for buying a supplement that was legal at the time? Doesn’t make sense…

  2. DAVE Says:
    January 6th, 2009 at 10:39 am

    Aw, poor JC Romero. Poor Phillies. Always playing the victim. Always someone trying to screw you over. Yes, the world is conspiring against the Phillies, you caught us. JC Romero’s suspension is just the beginning. By spring training half your team will either be suspended or jailed, by no fault of their own. What, Brett Myers beats up another woman? No, her face struck his fist, not the other way around, officer. What, Chase Utley just dropped the f-bomb on Sesame Street? No, he was just teaching Big Bird to speak in German, officer. What, half the team is juicing? Can’t be, they got the pills from an elementary school’s nurse’s office.

  3. Greg V. Says:
    January 6th, 2009 at 10:59 am

    Dave, I was the first to call for Myers to be punished severely for his actions concerning that summer night in Boston so don’t try to write us all off as people who will blindly back our team no matter what.

    Romero bought a product that is legal. If MLB out of the blue, decides it is not, after he already tested positive for it, that is not his fault. He met with team personel about using this product, he got second opinions, he even met with a chemist. The guy is a health nut. Romero isn’t playing the victim, he is the victim. I have his back on this one and I would if he played for your beloved Mets too (I assume that’s your team and that’s why you’re gloating on this blog today instead of doing something productive).

    MLB is to blame for this one and this is another dark moment in the Selig era. His reign as commisioner has done little positive for the game.

  4. rob Says:
    January 6th, 2009 at 11:02 am

    I don’t mean to feed the troll, but I would pay to see Utley drop the f-bomb on Sesame Street.

    “Today’s show is brought to you by the Number 26 and the Letter F!”

  5. Geoff Says:
    January 6th, 2009 at 11:02 am

    Sergio Mitre just got suspended for 50 games for the same thing…

    this is another big Bud Selig MLB mess.

  6. mikedee Says:
    January 6th, 2009 at 11:18 am

    FREE JC ROMERO !!!!

    You’re obviously better off sticking a needle in you ass than using a product you buy at GNC in Cherry Hill.

    MLB is a freaking joke.

  7. Manny Says:
    January 6th, 2009 at 11:25 am

    JC Romero should get NO suspension. Seriously, how can anyone blame him for buying an over-the-counter drug that was legal?

  8. Griffin Says:
    January 6th, 2009 at 11:28 am

    A bad offseason gets worse.

  9. Lewisauce Says:
    January 6th, 2009 at 11:28 am

    If he played for the Red Sox or Yankees, Selig would be bending over backwards to reduce or eliminate the suspension. This is crap.

  10. Lewisauce Says:
    January 6th, 2009 at 11:30 am

    And where is the player’s association? Shouldn’t they be fighting for him here? I mean, they “investigated” whether teams were colluding against Barry Bonds, but they can’t take the time or effort to back a legitimate player who got screwed by the league?

    Garbage. Selig has to go, and the union needs to take a good look in the mirror.

  11. Brian Says:
    January 6th, 2009 at 11:33 am

    I like the “FREE JC ROMERO” quote mikedee.

    Could be a solid shirt from philliesnation? (hint)

    This is a joke, not only is JC a stand up guy/player, he tried his best and took actions to make sure what he did wasn’t illegal. 50 games is absurd!!!!

  12. Steve Says:
    January 6th, 2009 at 11:33 am

    Tim, please dont call what Romero took a drug. I know what he took, and it certainly is not a drug. It is a supplement, that is sold as a workout aide. It has no labels whatsoever on it stating that it may be banned by any sport.

    This is a complete joke and I hope Romero fights it til the end!!!

  13. ken Says:
    January 6th, 2009 at 11:47 am

    What does JC do know?

  14. Tim Malcolm Says:
    January 6th, 2009 at 11:53 am

    Under broad definition, it is a “drug,” but I understand what you mean. Substance may be a better wording.

  15. Grrrumpy Miner Says:
    January 6th, 2009 at 12:00 pm

    Greg…with all due respect.Stop worrying about what the Met fans think.Thats the problem with some bloggers in here,they worry about what other fans think.If the same thing happened to Jason Joseph Putz for example,i’d be upset but can care less what other fans think.I know certain Mets fans can be jackasses,thats well documented but stop worrying and remember your pitching esp the bullpen will survive and you are the World Fvckin Champions so you as well as other Phillies can rest your laurels on that

  16. Don M Says:
    January 6th, 2009 at 12:09 pm

    This makes the score 37 – 1 … New York Athetes are still winning the steriod race..

  17. Geoff Says:
    January 6th, 2009 at 12:10 pm

    Its still amazing that someone can be fined a million dollars for buying a jar of pills, and be able to pay it! And that theyll get fined for that in baseball while in the NFL they get arrested for DUI, a serious crime, every single day and nothing is done or why trillions of dollars has been stolen by the Fed/Treasury and by city state local govts and nobody even cares?

  18. Nev Says:
    January 6th, 2009 at 12:19 pm

    I think it’s time for another philliesnation.com shirt. Something along the lines of a picture of JC on the front like the Che’ shirts with “Fight the Power!” on it. Or Selig’s face with horns. Something. Anything.

  19. SJ Mike Says:
    January 6th, 2009 at 12:21 pm

    According to Comcast Sportsnet, Romero is currently on a “Phillies sponsored cruise” and will be working on clearing his name when he returns.

  20. Don M Says:
    January 6th, 2009 at 12:27 pm

    I think a shirt with a picture of Mr. Met choking himself would be great.. I’d wear it everyday.. (he could maybe even be throwing up the years 2007, and 2008)

  21. Joe Says:
    January 6th, 2009 at 12:28 pm

    I could always tell this guy was on something. He was a headcase on the mound.

  22. Georgie Says:
    January 6th, 2009 at 12:28 pm

    I wonder if they’re serving GNC vitamins on the cruise?
    Now I’m sure to be crucified for this, but don’t we, as mere fans, know how screwed up MLB’s drug policies are? Just to be safe, if you thought there was even a 1% chance that something off the shelf contained a banned substance, JUST DON’T TAKE IT!!

  23. Joe O'Philly Says:
    January 6th, 2009 at 12:29 pm

    Not sure how this is different than McGuire who also bought legal supplements but is being kept out of the HOF because of it. Am I missing something here?

  24. Wilson Says:
    January 6th, 2009 at 12:38 pm

    http://www.cafepress.com/the700level

    the guys over at the700level jumped on the shirt idea. get ‘em while they’re hot!

  25. Justin Says:
    January 6th, 2009 at 12:52 pm

    Don M, this is for you…http://www.funnyhub.com/videos/pages/mr-met-is-suicidal.html

    Romero needs to fight this BS. Romero went to the right people as soon as he got it like any good MLB player would and once it passed through them it shouldn’t be taken against him. Now granted he probably should have waited to take it until Lien sent the sample to MLB and the PA, but if your team trainer and personal trainer know the specified banned substances that shouldn’t be used and they aren’t on the bottle then it shouldn’t be a problem for him to take what he took. He needs to take this to an arbitrator, at the least maybe the suspension could be lessened.

  26. Dave Says:
    January 6th, 2009 at 1:07 pm

    This is a giant pile of doggie-poo.

    How can you be negligent if you were told by the Union that it was perfectly acceptable?

    This makes the Union and MLB look bad. How can you be punished for a crime that you didn’t commit and were told it wasn’t a crime?

  27. Mazinman Says:
    January 6th, 2009 at 1:48 pm

    I gotta admit that I felt a little sick in my stomach when I heard “Player Suspended for 50 games” and saw one of my favorites, JC Romero as the player pictured. While I absolutely think the situation, as it has been presented, is a grave injustice for him I also feel relieved that it was not steroid use.

    What burns me up is that they had offered to JC only a 25 game suspencion if he admited guilt. If 25 games is an option then why not just give him that in this case? Its obvious that this is not a straight up case of steroid use so why the harsh treatment?

    I hope that sanity will prevail in the end and some sort of compromise can be reached.

  28. Don M Says:
    January 6th, 2009 at 1:58 pm

    The problem here is that they have (and righfully so) a ZERO tolerance policy for this stuff now..

    Its not the first time that someone was busted because of an over-the-counter supplement.. and it won’t be the last time..

    Romero is said to be JACKED.. the best shape of anyone on the Phillies.. maybe he was taking something he shouldn’t have been.. is this a case-closed deal or can he appeal anywhere?

  29. Sean P. Says:
    January 6th, 2009 at 2:10 pm

    On April 11, 2004, the United States Food and Drug Administration banned the sale of Andro, citing that the drug poses significant health risks commonly associated with steroids.

    So i wonder how you can buy a product from GNC that containts Andro?

    This doesn’t have to do as much with MLB and the players association, but why is GNC selling a product that contains Andro in it?

  30. Don M Says:
    January 6th, 2009 at 2:18 pm

    maybe only if it contains a certain % of it..

    Much the same way that Grain Alcohol is illegal in some states, but legal in other..

    Bacardi 151… some states don’t sell certain beverages that are above 40% alcohol

    So maybe you can buy products with Andro, as long as it only has ?% in it….and maybe that amount makes MLB say its banned.. I would love to find out the whole story on the steriods, and how things are banned, and others aren’t

  31. Manny Says:
    January 6th, 2009 at 2:22 pm

    Tangent: Now Happ will be our setup lefty guy in the bullpen and Lowe will be ours :)

    But seriously, this seems extremely unfair. I’m glad JC is standing up for what’s right and fair… and I hope he can appeal this BS.

  32. Gabriel Says:
    January 6th, 2009 at 2:29 pm

    let’s all be real with ourselves for a minute…
    whether right or wrong – only WE care!!!
    the rest of the league and it’s fans probably couldn’t care less about this… dont get me wrong – i dont want JC to miss ANY games let alone 50.
    the whole thing seems fishy and i’m not certain all of the facts have surfaced, the strangest part is – the player’s assoc. isn’t all over this…???

    side note – i’ll buy 3 of those ‘mr met choke’ shirts (larry david style) just in case i ruin 2 of em! hahahah (curb is the best show ever)
    and whoever said he should be puking ‘2007′ and ‘2008′ is a marketing genius! kudos to the guy who produces that shirt first – they’ll be rich if they find the right price…

  33. Don M Says:
    January 6th, 2009 at 2:34 pm

    Gabriel… I’ve got a degree in Corporate Communications… and just couldn’t get my foot in the marketing door.

    But im FULL of great ideas..

  34. mikedee Says:
    January 6th, 2009 at 2:45 pm

    From USA Today:

    “”The players’ association had told major leaguers the supplement was permissible, and Romero’s case went to an arbitration hearing in

    In November, the union notified players that it had learned of supplements available at U.S. retail stores that could cause a positive test, the report said.

    The arbitrator decided against Romero, who was ruled guilty of negligence, and the pitcher’s suspension will be announced Tuesday by MLB, according to the report. The penalty will cost the left-hander $1.25 million in salary, ESPN.com said.”"”"

    This is where non of the reporting is clear. Is/was there a banned substance in the pills? Or does something in the pill show up as something else, thus a false positive?

    How do you get a suspension for using something you are told is OK? I am perplexed by this.

  35. Evan Says:
    January 6th, 2009 at 3:02 pm

    This isn’t as complicated as people are making it.

    The MLBPA said that all over the counter supplements were fine by the MLB drug policy. They were wrong. In no way does the MLBPA represent Major League Baseball, they represent the players. Its a workers union for guys who aren’t in a blue collar job, esentially used to help players dictate the general terms of contracts across all of baseball. They aren’t the governing authority on this.

    Romero could have checked with the MLB about his supplements. In hindsight he should have. Its too late for that now. Ignorance is no excuse for breaking the rules. The MLB wants to have a strict drug policy so they have to enforce this. Hopefully all players will learn an lesson about who to talk to when it comes to what they put in their bodies. The player is ultimate responsible for his own actions.

    The MLBPA owes Romero a big apology. But Romero needs to realize he is guilty by his actions, not his intent. Suck it up and take it. If years of cheating in baseball have taught us anything, its that a strict drug policy is much better than a loose one.

  36. Chuck P Says:
    January 6th, 2009 at 3:19 pm

    I don’t get what you’re saying, Evan… he brought the drug to his trainer who looked into it. He double checked… he took precautions and MLB didn’t even have the item listed as banned. When the office of MLB sends out a letter saying that supplements purchased over the counter without a label should be fine, you would think that is a pretty good indication that you’re in the clear (taking the drug).

  37. OZ Says:
    January 6th, 2009 at 3:22 pm

    at first glance, Romero seems signifcantly “more innocent” than McGwire.

    McGwire lacked the gohonnes to answer questions that pretty much defined his legacy. if everything he “took” was truly legal (letter of the law) and permissable (spirit of the law) then why not respond. any suffering he’s feeling has been brought on by himself, his lawyer’s advice and what was surely a pattern of choices. f*** ‘em.

    Bud Selig’s arrogance & cluelessness make Wall Street and the SEC appear competent and concerned.

  38. Jason B Says:
    January 6th, 2009 at 3:32 pm

    Once again, MLB screwed things up again. Is it me or is Bud Selig the WORST comissioner ever? The fact that Romero checked first to see if the substance was banned should exonerate him from the suspension. The MLBPA should fight tooth and nail for Romero’s cause. They filed grievences on behalf of Bonds and Sosa, and Bonds was the subject of a federal investigation. So if they don’t bring out all the guns to apeal this suspension then we can safely say that the union has been busted. If the union doesn’t fight to appeal, they are as gutless and heartless as the Idiot in charge, Bud Selig!

  39. the rookie Says:
    January 6th, 2009 at 3:41 pm

    Look at it this way, JC gets a break in the beginning of the season. Then when it really counts he will be well rested and ready to dominate. We can find stopgaps for the meantime.

  40. Gabriel Says:
    January 6th, 2009 at 3:41 pm

    mlb
    mlbpa
    i know they aren’t the ‘governing authority’ but what’s their purpose then? to stick up for the people making up the union – ie – the players? hence then name, ‘players association’?

    don m – i KNOW u r full of good ideas from the 6 months i’ve been reading your posts… great job and i always enjoy your commentary.

  41. Evan Says:
    January 6th, 2009 at 3:41 pm

    Chuck P:

    The trainer claims he also told Romero to check with the MLB hotline for their drug policy. He may be covering his ass by saying that, but the fact of the matter is that’s the one thing that Romero didn’t do. Since the MLB is the only one with authority over their drug policy, they are the only people who’s opinion on the substance matters.

    Again, its a matter of ignorance on the part of the MLBPA and Romero.

  42. psujoe Says:
    January 6th, 2009 at 3:46 pm

    MLB should flip this upside down to avoid further embarrasment. They should list the products players CAN take. I f a player wants to take something not on the list submit it to MLB for evaluation. This way MLB is responsible not 700+ players.

  43. Don M Says:
    January 6th, 2009 at 3:54 pm

    We don’t know what else he was taking.. if he got caught, and they just released it now, after there was a hearing on the subject, obviously they feel like he needs to be suspended for what he took

    MLB drug policy is very messed up, but that is a whole different issue

  44. Don M Says:
    January 6th, 2009 at 3:55 pm

    psujoe has a great point… List the things that players CAN take.. and provide them to the players in their own clubhouse. There would be way less issues that way

  45. mikedee Says:
    January 6th, 2009 at 3:56 pm

    ^^that is a great idea

  46. Jason B Says:
    January 6th, 2009 at 4:10 pm

    PSU Joe… Great idea. Here’s another idea…. Sign Lowe, move Happ to the pen and now we’re better off than before. Otherwise, what do we have for a 7th inning guy?

  47. Don M Says:
    January 6th, 2009 at 4:14 pm

    Eyre, Durbin, Park, Condrey can all go after hitters in the 7th..

    Happ is a starter… or you trade him

  48. Chuck P Says:
    January 6th, 2009 at 4:18 pm

    I haven’t had a chance to fully dive into this… heard about it this morning on KYW and then read about it briefly on here. I am starting to understand the situation a little better; Phil Sheridan’s article gives an in-depth picture of the entire situation. I think that there is much more to this story… first, someone told players that GNC products should be ok. The letter went out in November with the three exceptions, however, that was certainly not the first time that players were told that GNC products should be fine. Second, it is clear that the trainer/nutritionist/MLBPA are more at fault than Romero. The fact that none of them stepped up and said, “This is illegal, JC.” tells you that someone wasn’t doing their job. Third, this is not an attack on JC but an attack on Patrick Arnold; the chemist behind Andro, THG (the designer steroid) and BALCO. Arnold’s lab created and marketed the drug that Romero tested positive for… in my opinion, the MLB likely found out about Arnold’s lab and the new drug and immediately took steps to ban the drug without notifying anyone (so even if Romero had called the hotline, I’m not so sure that it would have failed). This is the MLB taking a stand against the guy who created the steroid that beat the MLB testing… this is the MLB blackballing Arnold. Retroactively, Romero was caught in this net and it is a shame. He had a chance to take a 25 game suspension and didn’t because the MLBPA union attorney told him that he would win in arbitration… now he’s out for 50 games. You can say what you want but this situation is much more complicated than your run of the mill steroid violation.

  49. mikedee Says:
    January 6th, 2009 at 4:24 pm

    The Office of the Commissioner of Baseball
    Allan H. (Bud) Selig, Commissioner
    245 Park Avenue, 31st Floor
    New York, NY 10167
    Phone: (212) 931-7800

    ask to speak with Bud. i did…it’s fun :)

  50. Chuck P Says:
    January 6th, 2009 at 4:25 pm

    Did you really, Mike??

  51. Don M Says:
    January 6th, 2009 at 4:28 pm

    Chuck P is MVP for the day… nice summary.. I hadn’t read a good article on it yet, I was going to wait until the train ride home today, but that gives me a better understand of what went down as far as we know

  52. Chuck P Says:
    January 6th, 2009 at 4:46 pm

    http://www.philly.com/philly/sports/20090106_Phils__Romero_denies_wrongdoing_on_eve_of_suspension.html

  53. Manny Says:
    January 6th, 2009 at 4:58 pm

    Bud Selig deserves a SHOE

  54. Chuck P Says:
    January 6th, 2009 at 5:19 pm

    HAHA!!! Nice one Manny…

    The union released a statement supporting Romero… expressly disagreeing with the decision by MLB and the arbitrator to suspend Romero (and Mitre), calling it unfair and “distinguishable from a person who intentionally used an illegal performance-enhancing substance.”

    I wonder if we will hear more about the arbitration hearing.

  55. Jason B Says:
    January 6th, 2009 at 5:23 pm

    Hey Mikedee… That phone number really works… Although I wasn’t able to speak with the Comish himself, I did leave a very detailed message with what I believe is his secretary. She was very cordial and informed me that The Commisioner would return my call within the week! I’ll pay double for my season tickets if he calls back!

  56. SJ Mike Says:
    January 6th, 2009 at 5:31 pm

    Chuck, here’s the statement you were referring to

    http://mlbplayers.mlb.com/pa/pdf/010509_mitre_romero_statement.pdf

  57. Chapps Says:
    January 6th, 2009 at 8:45 pm

    Don M, A site made a Mr. Met shirt after last year, it said “Ya Gotta Bereave” and it had Mr. Met looking like crap surrounded by beer bottles.

  58. Confusion controversy gives birth to Free JC Romero movement | SportsIdol.com Says:
    January 6th, 2009 at 9:51 pm

    [...] decided to suspend Phillies reliever JC Romero for fifty games next season." •  Says Tim Malcolm at Phillies Nation: "JC Romero is paying a price that he seemingly never deserved, or saw coming. There’s no [...]

  59. rivlez Says:
    January 7th, 2009 at 9:55 am

    Guillermo Mota anyone?

  60. FREE J.C. « Graney and The Pig’s Blog Says:
    January 7th, 2009 at 5:03 pm

    [...] out more “Free J.C.” articles HERE, HERE, and HERE. Possibly related posts: (automatically generated)Footprints in the Snow: Philadelphia [...]

  61. Rhynes Says:
    June 14th, 2009 at 6:27 pm

    To start earning money with your blog, initially use Google Adsense but gradually as your traffic increases, keep adding more and more money making programs to your site.

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