A-Rod attorney: Appeal will shred documents, Bosch’s credibility

TAMPA — While Alex Rodriguez spent time hitting yesterday, we learned considerably more about his defense.

Major League Baseball isn't impressed. And baseball is so offended by A-Rod's alleged behavior it might try to keep him off the field immediately.

With MLB set to bring down the suspension hammer on Rodriguez and other Biogenesis suspects as soon as tomorrow, his attorney, David Cornwell, offered a glimpse yesterday of how the beleaguered Yankees' third baseman intends to appeal such a penalty. The Post reported Sunday that MLB is leaning toward suspending A-Rod for the duration of the 2013 season and all of 2014, as it would be difficult to defend a life sentence in front of arbitrator Fredric Horowitz.

Reuters

HERE'S THE CATCH: Alex Rodriguez works out in Tampa yesterday while his attorney laid out his defense plan.

Cornwell, who made his name in baseball by successfully defending Ryan Braun's positive drug test last year, told Stephen A. Smith of ESPN NY Radio he expects Rodriguez to challenge his imminent suspension and focused his criticism on the documents (featuring the names of Rodriguez and other ballplayers) that appeared originally in the Miami New Times.

"What's been made public are various documents that a disgruntled ex-employee of Biogenesis allegedly stole," Cornwell said, referring to Porter Fischer. "I would imagine we'll spend some time talking with the arbitrator about the documents and things of that nature. Their authenticity, their relevancy, the reliability — all of the things that typically arise in an adversarial proceeding will be the basis of our defense of Alex in his appeal hearing."

While the New Times' publication of these documents publicized the Biogenesis case, MLB officials believe that they have gathered enough other, superior evidence from Biogenesis owner Anthony Bosch — most notably direct communication between Bosch and Rodriguez — that Fischer's credibility is a moot issue.

Asked yesterday what would constitute a victory, Cornwell replied, "No discipline."

Of Bosch, Cornwell said, "Obviously, they [baseball officials] believe that he's credible. I have my concerns. But what's most important is whether or not arbitrator Horowitz will believe that he's credible or not. And that's something we will present in a hearing room, not through the media."

The Associated Press reported last night that baseball could look to suspend A-Rod, who is suspected of obstructing MLB's investigation into Biogenesis, under baseball's collective bargaining agreement, rather than its Joint Drug Agreement. Unlike the JDA, the CBA doesn't allow for automatic stays under suspensions, and since obstruction in and of itself isn't a drug-related penalty, this could be a viable avenue that would spare MLB the embarrassment of Rodriguez playing with the Yankees while a suspension hangs over him.

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