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Thread: The Unintended Byproduct of Ryan Braun's Biogenesis Defense

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  1. #1
    Join Date
    Apr 2000
    Madison, MS

    The Unintended Byproduct of Ryan Braun's Biogenesis Defense

    (I started this as a new thread because it is not actually about Ryan Braun and his use of PEDs.)

    Ryan Braun's statement that Bosch was used as a consultant and that there was a dispute as to the fee comes accross as far more detailed and credible then the statements and categorical denials by the other players named in the Biogenesis files.

    However, it creates a huge problem for all of the other players named. Braun's statement serves to authenticate the Biogenesis files both in general and in specific content. No one but Bosch, Braun and Braun's attorneys would know if Bosch was consulted... that sort of data is privileged, and Braun's attorney would have been careful to tell Bosch not to mention it to anyone.

    Thus, Braun's assertion and the corroborating statement of his lawyer show that only Bosch could have made those documents. Further, the fact that the document accurately contains the specific 20k and 30k figures that Bosch allegedly tried to collect for his consultant services, it appears that when Bosch was compiling the documents, he was intending to convey the truth.

    When I was a magistrate this would have been enough to convince me to find probable cause. If the source of the files can testify as to where he/she got them and the meaning of the various abbreviations, it would probably get past the preponderance of the evidence standard needed in civil trials. (For the other legal beagles on the board, I think that it might qualify as an 801 exclusion or an 803 exception to any hearsay objection).

    I wonder if Ryan Braun was realizing how he was indirectly undercutting the defenses of the other named players?



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