Tag Archives: HGH

One, Two, Three Strikes You’re Out: Federal Prosecutors blow the game in Clemens Mistrial

Roger Clemens leaves the Courtroom after the Mistrial- Photo Jonathan Ernst/REUTERS

First it was the lengthy and painful investigation and trial of Barry Bonds where Federal Prosecutors came up short on their primary charges. Today it was the rapid mistrial called by Judge Reggie Walton as the prosecutors opened their case against Roger Clemens on the first day of Clemens trial.  To me they looked like the prosecutors thatAlanShore(James Spader) made fools of in the television series Boston Legal.  This was supposed to be a “slam dunk” for the government and instead it was a debacle.

Assistant US Attorney Steven Dunham opens his case -Dana Verkouteren / Associated Press

 Today lead prosecutor and assistant U.S. attorney Steven Dunham went against the Judge Walton’s ruling by introducing evidence of former Clemens team mate and friend Andy Petitte’s wife that Petit had told her that Clemens had admitted using HGH. Walton had already deemed the video admissible in rebuttal. Instead Dunham introduced it invoking Walton’s ire and lead defense attorney Rusty Hardin asked for a mistrial.

Rusty Hardin argues for the Defense-Dana Verkouteren / Associated Press

Walton granted the mistrial even though prosecutors argued that the judge could simply instruct the jury to disregard the evidence.  Judge Walton remarked “I don’t see how I un-ring the bell,” in that they could not know the effect of the evidence in jury deliberations.  Walton noted that “Government counsel should have been more cautious,” noting the cost to taxpayers already incurred and that “I think that a first-year law student would know that you can’t bolster the credibility of one witness with clearly inadmissible evidence.” A direct comment that the prosecution’s case hinged on the testimony of and evidence supplied by former Clemens trainer Brian McNamee.

Counsel Approach the Bench Judge Reggie Walton takes control and declares a mistrial-Dana Verkouteren / Associated Press

The government considered Pettitte’s testimony essential because he is viewed as “critical witness” because of his honesty and good reputation.  This was even more important after Wednesday’s opening arguments where Hardin managed to turn the trial into one of the reliability of the prosecution and its key witness, McNamee.

That happened after Dunham on Wednesday morning showed a capped needle, a syringe and three cotton balls which the prosecution said contained steroid residue and Clemens’ DNA. It seemed to be a strong start, but then Dunham was warned about the testimony of Petitte’s wife.  Then he elected to reenact Clemens’ Congressional testimony using an FBI agent and a former Congressional staffer leading a columnist to write “by mid-afternoon the jury had to despise Dunham.”

Hardin on the other hand held the jury in his hand weaving a trail of government investigators canvassing the country to find evidence with which to convict Clemens and only having McNamee’s testimony with which to attempt to send Clemens to prison.  Hardin put the prosecutors and McNamee on trial showing a map of 72 locations across the country where the government went to prepare 229 investigative reports.  Hardin pushed the prosecution hard and gave the jury a lot to think about regarding the evidence and the reliability of their chief witness.  I think that this is most likely why Dunham introduced the Pettitte video most likely hoping to make an impact on the jury while having Walton simply let them off with a warning.

The play didn’t work. It was like a pitcher having been warned for throwing at a batter doing it a second time and getting tossed from the game. However in this case with wasn’t just the pitcher tossed it was the end of the game.

Judge Walton: “I don’t like making orders and lawyers not abiding by them. This clearly runs afoul of my pre-trial rulings.” AP Photo

Judge Walton has scheduled a new hearing for September 2nd to determine if there will even be a second trial.  Given Walton’s statements today one has to seriously believe that he will not order a new trial. A gag order imposed by Walton is still in force and it is believed that Walton considers that a case of double jeopardy exists and that Clemens may be immune from further prosecution. If there is a second trial it probably will not take place until 2012.

In the end it is another case of over eager government investigators and prosecutors spending millions of taxpayer dollars to target high profile athletes.  The fact is that for baseball the Steroid Era is over.  It is likely that hundreds of players took varieties of performance enhancing drugs.  The evidence of this is the marked decline in home runs and run production as well as injuries to older players that were less frequent than during the era.

As for those implicated as users they will be judged by the fans, their fellow players and the sportswriters who vote players into the Hall of Fame.  Those innocent will be under as much scrutiny as those that have admitted or actually tested positive.  Those that used whether they ever tested positive or not cheated, but cheating  in sports is something that is not the job of government to police or Congress to investigate.  Those that love the game of baseball will view records set during the era with suspicion because that is what baseball fans and writers do. We examine statistics and records; we live and die by them.  But the fact is that baseball records are often products of their times.  There were few home runs in the “dead ball era.” Many of the great home run hitters played in hitters parks and were surrounded by a strong supporting cast that forced pitchers to pitch to them.  Many players that held records played in a shorter season, 154 vice the current 162.  The National League doesn’t play the Designated Hitter which has extended the careers of many hitters whose defensive skills are declining to the point that they are a liability in the field and would have had to retire in previous times.  From their inception until last year players used amphetamines to increase their alertness.  That was legal and baseball did nothing about it until last year.  In days past pitchers used the spitball, cut or sanded balls to get an edge.This was illegal but many did it and Hall of Famer Gaylord Perry admitted this even before being elected to the Hall of Fame.

What I have never thought right was Congress calling hearings and grilling ball players while the country was at war and suffering from a terrible economic downturn.  That was a waste of time and taxpayer money.  The one good thing is that it forced Baseball to get its act together regarding PED use, testing and enforcement.  I am glad for that.

As far as the prosecutions they have been terrible a waste of taxpayer money and the results bear that out.  It is time to end this mindless pursuit, let the players live their lives in retirement and let the fans, writers and their colleagues judge them.

Rusty Hardin and Clemens after the Trial Photo- Mark Wilson, Getty Images

As Clemens left the courtroom he was hounded by reporters and photographers, some even trying to get his autograph he had to push his way through like someone trying to escape a Zombie attack. As he did so an inebriated man waving a cane shouted “Leave the man alone! Leave the man alone!”  Maybe it is time that we do, not only with Clemens, but Bonds and all the others that Federal investigators, notably Jeff Novitzky and prosecutors have investigated for years on our dime.

“Leave the man alone!” I second that.

Peace

Padre Steve+

Advertisements

1 Comment

Filed under Loose thoughts and musings

Mark McGuire, Tony LaRussa and the Dirty Secret of the Steroid Era

Mark McGuire’s Admission of Steroid Use Has Provoked More Debate About the Steroid Era

Mark McGuire admitted that he used steroids in the 1990s during his electric home run barrage that for a time anyway gave him the single season home run title.  The summer of 1998 was one that captivated baseball fans and America as McGuire and Sammy Sosa slugged their way to what many would think would be baseball immortality.

Jose Canseco’s Claims of Rampant Steroid Use in Baseball Seem to have Been Born Out

First came the allegations by Jose Canseco that he had McGuire regular shot up with steroids in the clubhouse of the Oakland A’s whose manager just happened to be Tony LaRussa. McGuire vehemently denied his former friend and teammate Canseco’s allegations in the book Juiced even last night in his interview with Bob Costas, however McGuire now suffers a credibility gap after his denials back when Canseco published his book and later.  The claim which can be boiled down to “Yeah I did steroids but not like that” doesn’t hold water to me as much as I want to believe McGuire who I really do think is a good person, fantastic ballplayer and a man who gave a lot back to baseball and his community during his career.  Canseco was heavily criticized for the tone of his book but the allegations seem to be more right than wrong.

Sammy Sosa Went From Hero to Zero After Steroids and Corked Bats

However, even as many dismissed Canseco’s charges and baseball turned its back on him others came under suspicion including Sosa and eventually Barry Bonds and pitching great Roger Clemons.  As one superstar after another either was accused, implicated or had their name come up on a list of players who had allegedly tested positive in a screening done by baseball the scandal grew in proportion to McGuire’s massive arms.  An entire era was tainted and every player even those who had not done steroids or other banned performance enhancing drugs were viewed with suspicion.

At the same time the self righteous attacks on the players by many in the media which in a sense rightly accused them of cheating missed a number of important issues.  The first in my opinion of is the responsibility of baseball’s management and ownership which had turned a blind eye to what the players were doing and the fact that these players were not the first to cheat in one way or another.  A secondary note is that for a time in the 1990s many of these substances had not been banned by the game and that some, especially HGH are legal in other countries and with the continual advances in pharmaceutical development may eventually be legal in this country.  Thus what was yesterday’s “banned substance” may end up being tomorrow’s “miracle drug” but the players who were then “criminals” or “cheaters” will still have their names sullied by a culture’s inability to keep up with technology.

Tony La Russa and Other Managers Have to Shoulder Some Responsibility for the Steroids Era

The responsibility of management is demonstrated by LaRussa who in his nearly two decade association with McGuire cannot have missed McGuire’s and others steroid use.  Baseball teams are somewhat like small elite military units, players, coaches and managers live in a very small world, a world in some sense protected by the clubhouse door.  Owners, managers, coaches and other staff in particular the physicians; trainers and strength and condition coaches know what is going on with their highly paid players. It would demonstrate the height of incompetence for a staff not to know what their players were doing.  The fact that many claim ignorance of what players tells me that they are either lying or so incredibly unaware of their surroundings that it would be impossible for them to manage at the professional level.  Add to this that LaRussa, a lawyer is no dummy; he knows people and can read what is going on and his claim that the first that he knew of McGuire’s steroids use was when McGuire called him yesterday it is hard to believe.  However, in defense of LaRussa I do believe as he told “Mike and Mike” on ESPN that he believed that he felt bound by some of the things going on in the game regarding players unions and other factors that he and others were slow to respond. Other managers, coaches and team owners, while not lawyers are certainly adept at knowing people; and could not have been unaware of the use of steroids and other banned substances by their players. Good coaches know when players are lying.

This is not just a player’s issue it extends to management and also to the players union, the media members who on a daily basis associated with players, coaches and managers and even ownership who turned a blind eye to the obvious.  If steroid abuse was a big deal that they thought was wrong they all, including the player’s union should have instituted stringent testing measures when the allegations about major stars began to surface.

Likewise there is baseball’s knowing tolerance of cheaters in the past, to include current members of the hall of fame.  It was common knowledge that in earlier times players were using amphetamines to quicken their response on the field, while others played drunk or under the influence of illegal drugs.  Then there were the players such as pitcher Gaylord Perry who in his biography after he retired from the game admitted using the “spit ball” which was never legal during his career and was still voted into the Hall of Fame.  To now throw these players under the bus while not holding ownership, management, coaching staffs, team medical staffs and even the media responsible for not policing this and nipping it in the bud is absolutely hypocritical.  If we want to apply a standard we have to be consistent in the way that we do it.  If Gaylord Perry can be in the Hall of Fame after admitting to using an illegal pitch why can’t the players who used steroids? I can see little moral difference between the two.

Now did McGuire and others actions harm the game itself?  In one sense yes, using these substances they did cheat, but they are not the first and will not be the last to do so. Likewise the fact that they used these drugs places the records that they set in the strange netherworld of trying to determine how much of their performance was effected by the use of these drugs.  Unfortunately there is no quantifiable way to do so.  McGuire says that he does not think that they did but apologized to the son of Roger Maris.  In another sense no, like the players who cheated before them and were not banned from baseball, who did not have their records questioned and who in some cases are in the Hall of Fame did no real permanent harm to the game.  Baseball still survived and maybe one day like Gaylord Perry they will be appreciated.  I doubt that will happen anytime soon but it may.

That is the dirty little secret.  I wish McGuire and all the rest of those implicated in any way with steroids had come clean years ago.  I wish that managers like LaRussa had not tolerated this or had come up and said that they did not believe it to be wrong if indeed as LaRussa says that he believes McGuire when he says that he did it because of career threatening injuries.  If that were to happen to me I am sure that I would use any means to stay in the game and I will not condemn McGuire for this.  Instead baseball ownership, management, the player’s union and the media have tried to have it both ways.  They turned a blind eye to what was happening and many are now crying crocodile tears and throwing the players who made them millions of dollars under the bus.  At least LaRussa has brought McGuire who regardless of his use of steroids is one of the greatest hitters to play the game back into the game to be a hitting coach. I commend LaRussa for doing this as it shows that men like McGuire do not need to remain outside of baseball.  I do hope that other organizations will have the decency to do the same with others of this era.

To me it matters not if any of them get in the Hall of Fame, however if they admit their use even belatedly they should be forgiven and allowed to be part of the game that for a time they were the centerpiece of its success.  Who can ever forget the magical summer of 1998 and how we all were enthralled by what took place on the diamonds that year?  Can anyone who watched the home run derby ever forget it?  I won’t and I still will never forget the day that McGuire broke the record even if the record is tainted because of his use of steroids.  The records are now tainted and nothing can change that. The reputations of McGuire, Sosa and others ruined. But for a time it was magic and it is now time to move forward as we cannot change the past but we can learn from it and make sure that it does not happen again.  Baseball means too much to America to remain stuck in an era that is now an unfortunate part of the history of the game.

By the way, only a few weeks left until spring training.

Peace

Padre Steve+

1 Comment

Filed under Baseball

Investigate Novitzky and the Prosecutors in the BALCO Major League Baseball Investigation

Baseball players who are accused of or admitted to the use of steroids and other alleged performance enhancing drugs prior to their being banned by baseball have been demonized by the Federal Government and media.  I do not agree with taking them, but at the age of 49 and still having to complete regular physical fitness tests and physical conditioning I wouldn’t mind if someone prescribed me some HGH.  I’ve got enough nagging injuries that hurt that I have to take a couple of pain medications on a regular basis anyway.  If someone offered me the chance to do more than get pain relief I would jump at it.  Major League Ball players get dinged up a lot over the course of Spring Training, a 162 game season and up to a month of post season play.  They also are dependant of their physical condition to make their living.  Likewise our society as a whole has become a nation addicted to enhancing performance.  It is pervasive and not merely isolated to professional sports, especially not baseball.

Over the past 10 years certain people who have no legal oversight to baseball such as IRS investigator Jeff Novitzky have engaged in a gross abuse of governmental power.  In his investigation he has either been permitted or encouraged by the prosecutors of Barry Bonds to break the law.  The prosecutors acted either out of omission by turning a blind eye to Novitzky’s conduct or out of commission by cooperating with him.  Not only has this been shown now repeatedly as court after court has thrown out evidence or dismissed charges against Novitzky’s chief target Barry Bonds.  Yesterday the 9th Circuit Court ruled that Novitzky’s investigative team illegally seized thousands of records without probable cause.  Chief Judge Alex Kozinski stated “This was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause.”  Since February leak after leak of names from a list of 104 players who allegedly tested positive on a screening that was only to be used to see how pervasive the use of steroids was in baseball with the understanding that the list would not be made public and in fact would be destroyed.  The leaks obviously are coming from investigators who are the only people with access to the records who have motive to leak information.  The act of prosecutors or investigators leaking the documents that are sealed is illegal.  The consistent leaking to various reporters has    Former U.S. Attorney and chief of the criminal division for the Southern District of California Charles La Bella said: “The information shouldn’t have been seized. People have been unfairly tainted by something the courts have ruled should never have been made public.”

Novitzky, his team and superiors had a warrant to get information on 10 individuals.  They knowingly exceeded their authority without probably cause and seized thousands of records. They then allowed information the courts had to be made public.  What did they find besides the records at BALCO? Under $2000 worth of illegal performance enhancing substances, nothing more suggesting a widespread manufacture or distribution of them.

The apparent collaboration of Novitzky with BALCO prosecutors Jeff Nedrow and Matthew Parrella has tainted the case against Bonds or anyone else whose names have been leaked.  I have to say apparent because there is no proof to this point that Novitzky is the leaker but the evidence based on what he has done so far in breaking the law in regard to the seizure of evidence makes it a reasonable supposition.

The judge in the Bonds case, Susan Illston was openly skeptical of Novitzky’s conduct, saying in open court: “I think the government has displayed … a callous disregard for constitutional rights. I think it’s a seizure beyond what was authorized by the search warrant, therefore it violates the Fourth Amendment.”  Ninth Circuit Chief Judge Kozinski wrote  of Novitzky’s conduct: “The record reflects no forensic lab analysis, no defusing of booby traps, no decryption…Rather, the case agent immediately rooted out information pertaining to all professional baseball players and used it to generate additional warrants and subpoenas to advance the investigation.”

Such conduct by government agents is a moral and legal quantum leap above the actions allegedly committed by Bonds or others.  Their actions may have hurt baseball, but that is for baseball to judge, not the government.  With the House and Senate hearings in which current and former players have been hauled before the committees with television cameras rolling while Congressmen and Senators pontificate making scripted statements in which the players are condemned without actual charges being filed or convicted of any crime.  The Congressional committees have become kangaroo courts where men are held accountable to standards that their accusers are not even accountable to.

I know about out of control investigators.  I have had first hand dealings with men who think that they can bully people and use the law to bring themselves professional accomplishment and personal gain at the expense of people who they have no probable cause to investigate.  When I was an Army Company Commander in Germany in the mid-1980s I had to deal with a unit that had the highest drug positive rate in Europe.  I was told to “clean up that company” by the Group Commander when I took command.  The prosecutor became a friend, at the same time I abided by the laws and regulations governing drug testing as well as choosing the appropriate level to deal with the offense.  However, I was also tested and even more often than my soldiers.  Because of the drug positive rate the CID took an interest in my unit.  Two agents came to my office one day and asked me if I would allow them to place a CID agent in the unit undercover not to deal with the drug problem, but to “investigate suspicions of unit personnel engaging in the black market sale of American cigarettes on the economy to Germany nationals.”  I became suspicious of them.  I asked if they had probable cause or evidence that any of my soldiers were engaged in this activity.  They said they had no proof, evidence or even probable cause, only that black marketing of cigarette was a problem and that they needed to place an agent in order to get the proof.  With them in the room I called my prosecutor buddy and told him what they were asking and he told me that if it was his company that he would make them show probable cause and do an open investigation.  That confirmed my gut feelings about the matter and I thanked him and hung up the phone. I then looked at the agents, told them to give me probable cause and that I would consider it.  I was accused at that point by one of them of covering up criminal activity and that he would get me too.  I simply told them to get out of my office and out of my building and that they wanted to accuse me of a crime to go ahead.  I ever saw them again.  I presume that they tried this because I was a pretty junior First Lieutenant up to my ears in disciplinary problems and agree to what they wanted.  I knew if I did this that that I would destroy any confidence that was being build in the chain of command, destroy the cohesion that I was working hard to build following the relief of the previous commanding officer and subject my soldiers to an inquisition that would destroy my company.

How many journalists or politicians are tested for performance enhancing drugs in their professions?  Would not the public responsibility of both journalists and elected Congressmen, Senators and for that matter non-military or law enforcement government employees actually be more important to society as to whether a baseball player took something to heal from an injury faster or be better at his game?  It is hypocritical for journalists or politicians to hold these men to standards that they themselves are not accountable to.  When those journalists or politicians then embolden out of control investigators and prosecutors who courts have ruled violated the Constitution in their illegal actions, the nation they say that is okay for the government to violate the law and citizens Constitutional rights.

That is the bigger issue than if baseball has a steroids problem, or had a steroids problem before it began its testing system.  Add to this the staggering costs of the Bonds investigation alone, $55 million as of January 2009 plus the monetary costs of the Congressional hearings.   One also is forced to ask what Congress could have been doing with the time, money and effort spent on the hearings.  Are there not more pressing issues to deal with and is this not a warped sense of public service? Should Congress even be worried about this with two ongoing wars, ongoing terrorist threats, and an economic crisis, a political divide that has moved from opposition to pure hatred and a potential H1N1 Flu pandemic on the horizon?  Where are the priorities for these people? Let baseball police itself. It has a testing program now; the allegations are all things that happened 6-15 years ago when the standards were not even clear.

It is time for this to stop.  The prosecutors and Novitzky and anyone else working on this case suspected of misconduct should be investigated and if they have violated the law they should be charged and tried as any other person would be.  It is my view that all of this now is not being done to benefit baseball, but to enhance the careers of men who believe that they are both morally superior and think themselves above the law.  All investigations of ball players that are based on accusations and evidence before Major League Baseball banned specific performance enhancing drugs and supplements substances should be ended now.  It is a miscarriage of justice.

Now if baseball wants to ban players from the game or not elect them to the hall of fame, that is a matter for baseball to decide, not that of Congress and certainly not that of Jeff Novitzkty or anyone else who have disgraced their offices by their utter disregard of the law and the Constitutional rights of American citizens.

Peace, Steve+

1 Comment

Filed under Baseball, philosophy, state government agencies