Richard Sherman wins appeal, will not be suspended for PED

Broken cups, mishandled samples, and inconsistent reporting put Sherman’s career and reputation on the line while exposing a less-than-perfect testing process with a wide range for human error. As Robert B. Wheel pointed out, Sherman’s appeal win was a reminder that process matters more than results when testing players for performance enhancing substances.

SB Nation spoke to Sherman’s attorney, Maurice Suh, about Sherman’s appeal and the problems in the testing process. Suh is a partner in the Los Angeles office of Gibson, Dunn & Crutcher, works with the NFLPA, and has also represented cyclist Floyd Landis. The details of that conversation are presented below:

Sherman was cleared Thursday after testing positive for Adderall, and he announced the NFL’s decision via Twitter. The news comes a day after Sherman was left off the Pro Bowl roster despite his 61 tackles and seven interceptions for the Seahawks this season.

Yahoo! reports that Sherman’s positive test was thrown out after an investigation found that the person testing Sherman put a leaking urine cup with Sherman’s sample in another cup that could have been contaminated. That violated protocol for what could be considered a fair test.

Back in November many people were shocked when they found out that the NCAA was telling University of Miami players that they were guilty until proven innocent, and I pointed out that resulted from a culture that denied players due process. I also pointed out that, unlike the NCAA, the NFL had a collective bargaining agreement with its players that allowed them to appeal heavy-handed decisions.

And if there’s a heavy hand whose decisions need appealing, it’s Roger Goodell’s. His predecessor’s rebuke of his botching of the Saints bounty scandal shows just how reckless with the truth Goodell can be in his pursuit of defending the league’s image. Goodell doesn’t care about the individual rights of players when they stand in the way of the owners’ objectives (usually, avoiding litigation). If Goodell were Mark Emmert and didn’t have a pesky CBA to deal with there’s no telling how far he would go.

Sherman’s appeal, which was heard last Friday, involved a claim that the cup that was used to contain his urine sample was broken and leaking, according to Adam Schefter of ESPN. A second cup was used to capture leakage, but the seal on that second cup was apparently broken. On Tuesday, Sherman alleged on Twitter that the tester who collected the sample has a history of errors and has only been testing for six months.

Sherman, who threatened to sue the NFL if the suspension was upheld, tweeted the ruling of the case on Thursday morning and thanked the league for upholding the truth.

Sherman’s appeal is based around mistakes made by the tester who handled his urine test sample. The cup used to collect Sherman’s sample was reportedly broken, and a second cup with a broken seal was used to prevent leakage, according to ESPN.com. On Tuesday, Sherman tweeted that the tester who handled his sample has made several errors in the six months that he has been testing.

If his suspension holds up, Sherman will be forced to sit out Week 17 and most of the playoffs.

For more fantasy info, head over to the SB Nation Fantasy War Room 4-8:30 p.m. ET Monday through Thursday and 9 a.m. to 1 p.m. on Sunday. Check out SB Nation’s own Fantasy Football game, Pick 6!

Sherman is currently appealing his suspension and the contamination argument is a major part of Sherman’s appeal. According to Schefter, Sherman claims the cup containing his urine specimen was “leaking, prompting the collector to place a second cup underneath it to capture any leakage.”

If Sherman’s contamination argument holds up and it is ruled that the second cup’s seal was broken, Sherman could win his appeal and not miss any games due to suspension.

The NFL will not make a decision on Sherman, who faces a four-game suspension for violating the league’s substance abuse policy, until next week, according to the report. Multiple outlets have reported the drug Sherman took that violated league rules was Adderall, a psychostimulant drug that is prescribed by doctors to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy.

According to Adam Schefter, Sherman, who according to reports tested positive for Adderall, will see his appeal process move to an undetermined date closer to the end of the season.

With the season coming to an end and the Seahawks holding on to playoff hopes, the push back of the appeal allows Sherman to continue to play during the final playoff push. The second-year cornerback has helped the Seahawks claim the fifth-best pass defense in the NFL this season.

Official word was given Wednesday afternoon, the Seattle Times reports.

With an immediate suspension, Browner will miss the remainder of the regular season but will be available to return for the Seahawks should they make the postseason. If Seattle falls short of a playoff berth, Browner will return at the beginning of next season.

There has been a recent flurry of suspensions in professional sports related to the use of Adderall, a stimulant medication typically used for treatment of attention deficit hyperactivity disorder (ADHD). Headlines have brought into focus questions regarding a drug whose prevalence of use in recent years has skyrocketed not only among athletes, but also in the general population as a whole.

Adderall is made from a combination of amphetamines and phenylamphetamines (“mixed amphetamine salts”), which stimulate activity of the central nervous system by inhibiting the uptake of two important brain neurotransmitters, dopamine and norepinephrine. While stimulating the central nervous system sounds counterintuitive when treating patients with ADHD, who have difficulty controlling their impulses and maintaining focus, in fact this acts to change the chemical balance in the brain in a manner that results in improved attentiveness and self-control.

Sherman is facing a four-game suspension for supposedly violating the NFL’s performance-enhancing drug policy but is claiming innocence.

Sherman has 48 tackles, one sack, three forced fumbles and four interceptions this season for the Seahawks. Sherman’s four interceptions this season ties him for seventh in the league.

Kevin Poston, Sherman’s agent, declined on the specifics of the appeal earlier on Monday but said that he expects, “justice will prevail.”

USA Today is also reporting that Browner claims his violation stems from the drug tester not following proper protocol and pouring one container of urine into another.

Sherman and Browner are planning to appeal their suspensions, claiming innocence. Their drug tests reportedly showed Adderall in their systems.

Sherman and Browner have been cornerstones of the Seattle defense this season, combining for 77 tackles, 20 pass breakups, seven interceptions, five forced fumbles, one sack and a fumble recovery. The Seahawks’ defense ranks third in the NFL against the pass, allowing 200.7 yards per game. Seattle gives up 309.4 total yards per game, ranking fifth in the league.