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 Post subject: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:07 pm 
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Seattle Seahawks cornerback Richard Sherman just may get out of his suspension after all.

Sherman is claiming the cup that contained his urine sample was leaking, which forced the collector to use a second cup to capture the leakage.

Since the collector had to break the seal on the second cup, the chain of custody was broken. Because the seal was broken, the urine sample could become contaminated. If the story holds up, Sherman’s suspension could be wiped out.


http://msn.foxsports.com/nfl/story/Seattle-Seahawks-CB-Richard-Sherman-using-leaky-cup-defense-to-beat-drug-suspension-122312

didn't see this posted, Hopefully true and can get this dropped and we wont lose Sherman!!


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:08 pm 
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Wow he has a decent chance to NOT get suspended.....

Holy crap........


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:14 pm 
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Even if he's suspended, we'll get him back for the Superbowl. ;)


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:15 pm 
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NFL doesn't have to follow its own rules...

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:17 pm 
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Lords of Scythia wrote:
Even if he's suspended, we'll get him back for the Superbowl. ;)



Be alot cooler though if we dont lose him :D , Just last night he was a huge distraction to the 49ers and is a huge asset to the team.
Truly hoping the league has to take into consideration he seal was broken and this really should be dropped.


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:17 pm 
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He said that last night in the post game interview.


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:18 pm 
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Imteresting...........

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:21 pm 
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VaporHawk wrote:
NFL doesn't have to follow its own rules...


Actually they do when it comes to drug testing. If they were to ignoe a blantant testing error (if that is what really happened) than I could see this thing escalating in a lawsuit. DATIA (drug testing association) has explicit rules concerning Chain of custody. If a "fatal flaw" occured in the collection process, that would result in an invalid test and if action was taken against an employee based on this compromised test, this would open the company to legal action by the employee.


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 12:31 pm 
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jlwaters1 wrote:
VaporHawk wrote:
NFL doesn't have to follow its own rules...


Actually they do when it comes to drug testing. If they were to ignoe a blantant testing error (if that is what really happened) than I could see this thing escalating in a lawsuit. DATIA (drug testing association) has explicit rules concerning Chain of custody. If a "fatal flaw" occured in the collection process, that would result in an invalid test and if action was taken against an employee based on this compromised test, this would open the company to legal action by the employee.


I can't speak for the true nature of the agreement on the chain of custody as it pertains to NFL rules, but in law - the chain of custody is everything.

This will come down to if the NFL wants to go through with the positive test findings based on the fact they could be wrong. I would suspect if enough doubt has been cast that the suspension should be overturned and Sherman shouldn't miss any games. Whether or not he actually took Adderall is besides the fact now; it's a lot like letting a criminal walk just because his Miranda rights weren't read to him. Or OJ who wrote a book about how "I would have done it" - all the facts look correct, but the test was clearly botched.

I would say the only argument would be if they really wanted Sherman was to have overwhelming confidence that there was no way that his sample could have been tainted; which would come down to the testing facility testifying to the fact that it was completely unreasonable to think that samples were mixed and/or contaminated. Since the NFL is not a court of law, the suspension could be upheld for that reason. But as a poster states, that leaves the NFL open to a major law suit - as the monetary damages resulting from a civil case would be overwhelming.

If I was Goodell, I'd say "Let's punt and re-examine our processes and suppliers" - meaning let's go beat up the testing facility for "Coug'n It"

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:11 pm 
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For anyone who also follows baseball, doesn't this sound like the same deal that got Ryan Braun's 50 game suspension overturned?


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:13 pm 
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I'm actually pretty optimistic now that he won't be suspended

That would obviously be HUGE. The Seahawks need Sherman if they want to get to the SB.


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:17 pm 
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cesame wrote:
I'm actually pretty optimistic now that he won't be suspended

That would obviously be HUGE. The Seahawks need Sherman if they want to get to the SB.


Cesame optimistic about something? THE MAYAN APOCALYPSE IS REAL :stirthepot:


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:24 pm 
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So many people on this board were saying that Sherman should just take the suspension. They wanted to trust blatant speculation and hearsay rather than Sherman's actual explanation.

Water bottle story? Didn't come from Sherm. Crossing swords? Didn't come from Sherman. ALL HE SAID was that he wasn't worried. Thats it, thats all. So many people said, " Well, i heard this and i heard that." You heard many things, but you didnt hear it from Sherm.

There is a difference between fact and speculation.

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:43 pm 
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“I wish I could,” Sherman said regarding the possibility of the Wapner-Llewelyn option after Sunday night’s thumping of the 49ers. “I don’t know if it’s possible. If I could pursue it further, because I’d win in a neutral court, but I don’t know if I can pursue it further.”

Technically, he can pursue the matter in court. But he’d have to prove that the outcome of the arbitration procedure that arises from the collective bargaining process should be disregarded, and that’s a high standard.

Others have tried, and few (if any) have prevailed. The problem is that the players don’t have the tools at their disposal to challenge irregularities in the collection and testing of their urine samples.

As we’ve previously reported, Sherman planned to raise during the appeal alleged defects in the collection process. Adam Schefter of ESPN reported on Sunday that the cup containing Sherman’s sample was broken, that a second cup was placed under the leaking cup, that the seal on the second cup was broken, and that the chain of custody also was broken.

Under baseball’s testing procedures, that would be enough to overturn the outcome. Since a strict-liability standard is applied to the presence of banned substances in the player’s urine, a strict-liability standard is applied to the testing process. If there’s any flaw, the entire test is rejected.

But NFL and the NFLPA didn’t agree to procedures that impose such stringent obligations on the test collector. Which underscores the notion that the appeals aren’t lost in the hearing room, but that they were forfeited at the bargaining table.


Florio breakdown. Dude, the NFLPA is horrible and an embarrassment.

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:44 pm 
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The NFL isn't about to suspend Sherman after last night. They know how much ratings he'll bring them in the playoffs.

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:45 pm 
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MontanaHawk05 wrote:
The NFL isn't about to suspend Sherman after last night. They know how much ratings he'll bring them in the playoffs.


That is VERY reasonable. Not only that, Sherman will FOREVER be a thorn in their side. He wont shut-up, he wont drop it, he'll be relentless.

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:50 pm 
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So he's guilty but since the UA collector failed to correctly follow procedure its not going to be credible. Yeah buddy!!! I don't see Sherm missing any games. What i am waiting to see is "BREAKING NEWS Richard Sherman suspension dropped". :0190l:


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 1:53 pm 
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Masterful defensive effort on and off the field. ;)


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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 2:57 pm 
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Seahawks4life wrote:
Quote:
Seattle Seahawks cornerback Richard Sherman just may get out of his suspension after all.

Sherman is claiming the cup that contained his urine sample was leaking, which forced the collector to use a second cup to capture the leakage.

Since the collector had to break the seal on the second cup, the chain of custody was broken. Because the seal was broken, the urine sample could become contaminated. If the story holds up, Sherman’s suspension could be wiped out.


http://msn.foxsports.com/nfl/story/Seattle-Seahawks-CB-Richard-Sherman-using-leaky-cup-defense-to-beat-drug-suspension-122312

didn't see this posted, Hopefully true and can get this dropped and we wont lose Sherman!!


The problem I have with this(and I have 25 years of random drug testing through D.O.T.)if the sample that was going to be sent to the lab was leaking, they would just send me back for another sample. Of course I realize DOT and NFL guide lines may differ, but why should they?

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 Post subject: Re: Sherman: Urine sample compromised
 Post Posted: Mon Dec 24, 2012 5:24 pm 
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Sherman doesn't have to win. He just has to tie up the process until next season and we'll get him through the Superbowl. :)


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