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He was targeted because he was over paid and under performed. he took performance enhancing drugs, including human growth hormone. and anthony boesch, founder of the now defunct anti-aging clinic, biogenesis. this could be a different account of what he told espn last april. >> i am a nutritionalist, and i don't know anything about performance enhancing drugs. >> he now could have changed his story. >> they paid him $5 million. >> who is "they"? >> major league baseball. >> mlb would not commented.

>> reporter: an arbitrator will hear both sides. rodriguez claims major league baseball used unethical practices to target him because he was overpaid and underperformed, and major league baseball's claim, rodriguez took p.e.d.s, performance enhancing drugs, including testosterone in human growth hormone. mlb's case centers on this man, anthony bosch founder of biogenesis. is bosch prepared to testify monday he gave rodriguez p.e.d.s, if so, it would be a different account of what he told espn last april. >> i'm a nutritionist. i don't know anything about performance-enhancing drugs. >> report...

Distract people from the real issues." why is the rodriguez team not being as strong in coming out and saying look, he did not use performance-enhancing drugs? >> you understand for some of the lawyers where, we're in the midst of some of the best lawyers in new york city. >> as an attorney you know it's a very simple statement my client did not use performan performance-enhancing drugs. >> because there is a confidentiality clause. >> there is while he appeals his 211-game suspension. in a letter to tacopina major league baseball says tacopina is free speak about rodriguez' alleged p.e.d. iss...

Relationship if anybody rodriguez had with biogenesis. >> what kind of relationship? >> a consulting relationship. >> tacopina says he's unable to go beyond what the consulting means. he says the letter from mlb is posturing. in order for it to be binding they'd have to send it to the players' association for approval and repeated requests from the yankees to give us some sort of a comment about all of this continuously went unanswered. >> i tell you what, you're asking the right questions. >> just not getting the right answers at this point. >> they're not getting any answer. >> whose answer ...

As well. >> reporter: a spokesman for dr. kelly could not confirm the conversation. major league baseball responded by saying mr. tacopina continues to avoid the only relevant question, did rodriguez use performance enhancing drugs. the rest of what he says is to distract people from the real issues. >> as an attorney, you know it's very simple statement. my client did not use performance enhancing drugs. >> because there is a confidentiality clause -- >> reporter: there is a confidentiality agreement in place while rodriguez appeals his suspension. and mlb says it has evidence rodriguez used ...