TrueHoop theorizes Darius Miles tested for steroids NOT pot... or maybe neither?

[Gainesville Celtic]

Paging JB & his Grassy Noll Brigade!!

http://myespn.go.com/blogs/truehoop/0-33-34/Darius-Miles-and-that-Drug-Test.html

Fascinating post over at TrueHoop about Darius Miles suspension. Henry Abbot basically draws the conclusion --- oddly w/o saying it --- that if Jason Quick's report that Darius Miles has been suspended for 10 games is true it's either (a) for steroids or Performance Enhancing Drugs or (b)... and this is a leap, maybe neither?

There is one other really weird part of this story. Quick did not just report that Miles would be suspended. He reported that Miles would be suspended for ten games.

Ten games is a very specific number. As Quick points out, if you take that information to the CBA, you'll find that there are two ways to get that suspension: For a fourth marijuana offense, or for a first performance enhancing drugs offense.

In the event that a ten-game suspension is for a fourth marijuana offense, it would follow a five-game suspension (for the third-marijuana offense).

Darius Miles has not had a five-game suspension, and the League confirms that if he had had an earlier five-game suspension, we would know about it.

So, you do your own police work on what came up on Miles' drug test, you know?

And then consider another line from the CBA, which is about "SPEDS" (translation: Steroids or Performance Enhancing Drugs):

    If a player is suspended or disqualified for conduct involving a SPED, the particular SPED shall be publicly disclosed along with the announcement of the applicable penalty.

So there is this oddity, if "the NBA, the Teams, and the Players Association, and all of their members, affiliates, agents, consultants, and employees" make a player's SPED suspension public -- which you could argue has already happened -- they are apparently also to make clear with SPED it was.

Which leaves us ... I don't know where.

If the NBA is supposed to publicly disclose what SPED it was and hasn't, is it possible the someone in the Blazers' organization made up the story to scare off other teams?!?

This *is* a weird story.

[cool breeze]

Well, if there is something fishy going on in Portland, get used to
"Portland forfeits their first round pick" for a few years. Good thing for them they've cleaned up in the draft over the past few.

I won't pretend to know the intricacies of the story at hand, but if McHale got 5 years of forfeitures for the Joe Smith incident, wouldn't this have to be worse?

[Gainesville Celtic]

yeah you would think this would be worse.

It also makes some sense that Miles might try and use some SPED to try and get back on the court --- though he has a rep for not caring that much

(FWIW i put this in Celtics talk b/c we'd been looking at Miles, sorry for the misplacement!:)

[Cman]

I remain slightly intrigued by the idea of D. Miles playing in Boston for a minimum contract.  Maybe the last two years rehabbing from injury have given him time to reflect and mature. 

If the Cs sign Posey and the two draft picks, then there are 3 spots left on the roster by my count.  One should be for a vet PG and one for a vet Center (both backups making the min).  That leaves one spot for a "project" and I think D. Miles could be worthy of that spot....

[cmburrill]

  This is the same or similar to Vin Baker, except if Miles plays 10 games Portland gets drilled.  if no one signs him he screams colusion. Maybe we can throw a " we have to sign a Miles unless you have a player you might want to move" to force a good trade. just a joke.
 maybe he was Cheesing(South Park)

[Tradetime]

I didn't realize we had contacted Maggette, that's awesome. Too bad he went to the Warriors. I'm sure playing time had a big part in that decision.
I bet Miles is being considered in case we don't bring Posey back. It would be a mystery as to what kind of production he'd give us right off the bat though.

[indeedproceed]

If Miles can prove the NBA had no right to share that information...

Even if Miles were still an NBA employee, the leaking of this information seems, to my reading, to violate the Collective Bargaining Agreement (CBA). Section 3, paragraph A of the collective bargaining agreement begins like this:

    Other than as reasonably required in connection with the suspension or disqualification of a player, the NBA, the Teams, and the Players Association, and all of their members, affiliates, agents, consultants, and employees, are prohibited from publicly disclosing information about the diagnosis, treatment, prognosis, test results, compliance, or the fact of participation of a player in the Program.

If he's unemployed, is it reasonably required to disclose this? Tough one.

If Miles can prove this leak prevented teams from taking him on, not only will Jason Quick have some questions to answer, but the NBA will as well, and it won't be from stern, it will be in a court of law.

[bdm860]

Ya know, the thought crossed my mind that it could have been a SPED, maybe to help rehabilitate his injury quickier, we did hear several baseball players claim that's why they used steroids.  I also thought about the 10 games with no mention of a 5 game suspension beforehand, but then I thought maybe the NBA didn't announce the 5 game suspension because they considered Miles unofficially retired and never coming back, no need to announce a suspension of a guy who is never going to play again, it would be like saying if Dennis Rodman chooses to come back to the NBA he would be suspended for the first X games for offcourt issues, no need to announce it if you don't think it's ever going to happen, but now that Miles is making a comeback attempt that's why the suspension is being disclosed now. Just my thoughts on why a 5 game suspension wouldn't be announced.. I could see it being a SPED, but I also could see it being 4 failed marijuana tests (or something similar) too. 

[indeedproceed]

Ya know, the thought crossed my mind that it could have been a SPED, maybe to help rehabilitate his injury quickier, we did hear several baseball players claim that's why they used steroids.  I also thought about the 10 games with no mention of a 5 game suspension beforehand, but then I thought maybe the NBA didn't announce the 5 game suspension because they considered Miles unofficially retired and never coming back, no need to announce a suspension of a guy who is never going to play again, it would be like saying if Dennis Rodman chooses to come back to the NBA he would be suspended for the first X games for offcourt issues, no need to announce it if you don't think it's ever going to happen, but now that Miles is making a comeback attempt that's why the suspension is being disclosed now. Just my thoughts on why a 5 game suspension wouldn't be announced.. I could see it being a SPED, but I also could see it being 4 failed marijuana tests (or something similar) too. 

The 4 failed tests isn't an opinion.

from the same Truehoop article

In the event that a ten-game suspension is for a fourth marijuana offense, it would follow a five-game suspension (for the third-marijuana offense).

Darius Miles has not had a five-game suspension, and the League confirms that if he had had an earlier five-game suspension, we would know about it.

[TradeProposalDude]

He may have taken some substance during his rehabilitation that either he didn't know was illegal, or willingly took it but thought it would slide. It's only 10 games so... if there's an extra roster spot, we should look into bringing him aboard. He'd only be filling a 14th or 15th man spot. Roster spots 13 (Scalabrine), 14 (Pollard), and 15 (Pruitt) were not even used once during the entire playoffs. Translation: Not a big risk.

[bdm860]

Ya know, the thought crossed my mind that it could have been a SPED, maybe to help rehabilitate his injury quickier, we did hear several baseball players claim that's why they used steroids.  I also thought about the 10 games with no mention of a 5 game suspension beforehand, but then I thought maybe the NBA didn't announce the 5 game suspension because they considered Miles unofficially retired and never coming back, no need to announce a suspension of a guy who is never going to play again, it would be like saying if Dennis Rodman chooses to come back to the NBA he would be suspended for the first X games for offcourt issues, no need to announce it if you don't think it's ever going to happen, but now that Miles is making a comeback attempt that's why the suspension is being disclosed now. Just my thoughts on why a 5 game suspension wouldn't be announced.. I could see it being a SPED, but I also could see it being 4 failed marijuana tests (or something similar) too. 

The 4 failed tests isn't an opinion.

from the same Truehoop article

In the event that a ten-game suspension is for a fourth marijuana offense, it would follow a five-game suspension (for the third-marijuana offense).

Darius Miles has not had a five-game suspension, and the League confirms that if he had had an earlier five-game suspension, we would know about it.

But is the NBA going to announce a suspension of a non-active player?  That same article also says

If a player is suspended or disqualified for conduct involving a SPED, the particular SPED shall be publicly disclosed along with the announcement of the applicable penalty.

Since that particular SPED hasn't been publicaly disclosed (we are considered the public right? or is that just talking about teams and GMs?) it means it can't be a SPED either according to what you're saying.  I think 4 failed tests is an option with my thinking being they didn't bother to announce it because he wasn't active and they thought he was never coming back.

It's got to be one or the other right?  And from what I read from that article neither the 4 failed drug tests, or the 1 failed SPED test procudere's have been followed to the letter of the law.  Is there something else it could be that we're just not thinking of?

[indeedproceed]

But is the NBA going to announce a suspension of a non-active player?  That same article also says

If a player is suspended or disqualified for conduct involving a SPED, the particular SPED shall be publicly disclosed along with the announcement of the applicable penalty.

Since that particular SPED hasn't been publicaly disclosed (we are considered the public right? or is that just talking about teams and GMs?) it means it can't be a SPED either according to what you're saying.  I think 4 failed tests is an option with my thinking being they didn't bother to announce it because he wasn't active and they thought he was never coming back.

Right. It doesn't make sense. Remember though that there are two sources being discussed here. One is a "league source" and one is the collective bargaining agreement. The league source (a person) said if he had been suspended for five games prior it would be known by the public.It isn't, so logically the only thing it can be is an SPED. The second point I have is that the leaking of this information was just that, leaking. If he was reinstated, he would be suspended publicly, but since he hasn't been suspended yet because he is not an NBA employee, possibly the only people that know what he actually tested positive for is the league and Darius Miles?
It's got to be one or the other right?  And from what I read from that article neither the 4 failed drug tests, or the 1 failed SPED test procudere's have been followed to the letter of the law.  Is there something else it could be that we're just not thinking of?