The Sports Xchange, Published January 21 2014
Ban might not keep A-Rod from Yankees' spring campAfter striking out with an arbitrator, Alex Rodriguez is going to bat in federal court.
The New York Yankees third baseman continued his battle to overturn his 162-game suspension when his lawyers filed suit in U.S. District Court on Jan. 13, alleging arbitrator Fredric Horowitz was biased in his ruling.
The suit, which hopes to vacate Horowitz's ruling, claims the arbitrator showed "manifest disregard for the law" as well as "evident partiality" and refusal "to entertain evidence that was pertinent and material to the outcome," according to the report.
The suit names Major League Baseball and the Major League Baseball Players Association as defendants and uses Horowitz's written ruling on Rodriguez's appeal as one of its exhibits.
The suit alleges Horowitz denied Rodriguez and his attorneys the right to cross-examine Anthony Bosch, who admitted he supplied performance-enhancing drugs to numerous baseball players while running the now-shuttered Biogenesis clinic, and MLB commissioner Bud Selig, who did not to testify in the appeal.
It also alleges Horowitz did not allow Rodriguez's attorneys to examine the BlackBerries that MLB claims were used to send incriminating text messages.
Also Jan. 13, U.S. District Judge William H. Pauley III allowed for the public release of Horowitz's decision. The release of that ruling was opposed by the Players Association on confidentiality grounds.
"We're thrilled," Jordan Siev, one of Rodriguez's attorneys, told ESPNNewYork.com. "We want the entire record to be public. We want everyone to be able to see exactly what Bosch said."
Rodriguez was originally suspended for 211 games, but Horowitz reduced the ban Saturday to 162 games, plus the playoffs.
Horowitz wrote that Bosch's testimony was "direct, credible and squarely corroborated by excerpts from several of the hundreds of pages of his personal composition notebooks. ...
"Based on the entire record from the arbitration, MLB has demonstrated with clear and convincing evidence there is just cause to suspend Rodriguez for the 2014 season and the 2014 postseason for having violated the (Joint Drug Agreement) by the use and/or possession of testosterone, IGF-1, and hGH over the course of three years, and for the two attempts to obstruct MLB's investigation."
The arbitrator added, "Also unfounded are the charges of improper conduct by MLB investigators during the investigation."
Bosch detailed Rodriguez's alleged use of banned substances during an interview Sunday night on CBS' "60 Minutes."
Attorney Joe Tacopina, who represents Rodriguez, was critical of MLB and Bosch during an interview on New York radio station WFAN.
Tacopina called the Bosch interview a "charade" and said Rodriguez plans to be at spring training this year, despite being suspended for the year.
Rodriguez made his first public comments on the arbitrator's ruling on Jan. 15, speaking in Spanish at an appearance in Mexico City.
"I think that the year 2014 could be a big favor that (Major League Baseball has) done for me because I've been playing for 20 years without a timeout," he said, according to multiple media outlets. "I think 2014 is a good year to rest mentally and physically and prepare for the future and begin a new chapter in my life."