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Saturday 07, Feb 2009

  BONDS’ URINE SAMPLE AND ITS USE AS EVIDENCE

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bonds-steroidsBarry Bonds’ defense attorneys will have to prepare several ways to counter the potential evidence that the prosecution might draw from the urine sample that had tested positive for “the cream”, an anabolic steroid. Bonds has always passed the drug tests in the Major Leagues. In 2003, he admitted to have used a “clear” and a “cream” substance but he claimed that he didn’t know that these were steroids. Bonds thought that they were flaxseed oil and something used for arthritis. In 2004, federal agents managed to seize a sample of Bonds’ urine from a laboratory that had done the survey tests for baseball. The sample was re-analyzed and showed a positive result for the designer steroid. Several issues and debates have stemmed from the actions of the investigators. Defense attorneys might try to make the urine sample unusable as evidence since by arguing custody issues. They aren’t even sure if it was legal to seize the sample which was supposed to be destroyed 30 days after the laboratory had done its test. The laboratory that had done the survey test may also be held liable for not following drug testing protocols such as destroying the sample

Monday 02, Feb 2009

  ANOTHER ATTEMPT TO CONVINCE ANDERSON TO TESTIFY AGAINST BONDS

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anderson-steroidsBarry Bonds, a former San Francisco Giant, is facing charge of perjury and obstruction of justice in connection with a 2003 testimony he had released under oath. Although he admitted to using “the cream” and “the clear”, Bonds said that he didn’t know that they were performance enhancing drugs. Further investigations convinced agents that he was lying when an unnamed source identified a urine sample positive for anabolic steroids linked to Bonds.

In the middle of trying to prove his guilt, Bonds’ former trainer, Greg Anderson, is constantly being pressured by the court to testify against Bonds. Last Wednesday, Anderson’s mother-in-law’s home was raided and several documents showing that she owes several creditors a lot of money. Madeleine Gestas, the mother of Anderson’s wife, has been having trouble with her online banking business. Her lawyers believe that the raid was an attempt to force Anderson into being a federal witness in Bonds’ hearings.

If Anderson chooses not to show up, he would again be charged of contempt and possibly serve another year in prison. The trainer, however, still hasn’t shown signs that he will be testifying. Federal agents believe that with Anderson as a primary witness, it will be a lot easier finally convicting Bonds.

Wednesday 28, Jan 2009

  STEROIDS OR NO STEROIDS, MOSLEY WINS OVER MARGARITO

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mosley-steroidsThe spotlight was on Shane Mosley last January 24 as he faced Antonio Margarito at the Staples Center. Margarito wasn’t able to do anything about Mosley’s aggressive attacks for the first six rounds. Although he was able to fight back on the seventh, this wasn’t enough to throw Mosley off. After a knockdown on the eighth round, Margarito was knocked out on the ninth after 43 seconds of trying to put up with his opponent.

What is truly amazing aside from the great determination that Mosley showed during the battle is that he kept his focus from round one. Mosley is facing several trials in his life right now. He just fired his father, Jack, from being his trainer. He is dealing with divorce from his wife, Jin, who had also been his manager. And he is facing an anabolic steroids scandal to which many legal actions against him are attached.

Last Saturday night, Mosley put on one of the greatest battles in his career. He may have regained the welterweight championship but it makes you wonder if this would be enough to help him regain the respect of those around him

Saturday 09, Aug 2008

  Shane Mosley says Victor Conte is mostly wrong about his steroid allegations

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Shane Mosley SteroidsChampion boxer Shane Mosley is a fighter by heart and to him quitting is not an option. That philosophy has worked for him in the ring and he hopes it’s going to do him service in the legal arena as well.

Mosley’s defamation suit against Victor Conte and the Bay Area Laboratory Co-operative (BALCO) has been dismissed in the San Francisco Federal Court and Mosley immediately filed similar suit in a state court in New York.

James Wagstaffe, Conte’s lawyer, said he would file a motion to argue that New York is an improper jurisdiction.

“He’s seeking publicity,” Wagstaffe said of Mosley. “He was facing bad publicity. His suit was about to be thrown out. He’s suing because he wants the world to know he sued. It’s a process case, and at the end of the day, when people bring libel suits to make a point, the truth follows.”

“Shane Mosley is going to soon find out that the truth packs a powerful punch,” said Conte. “I am going to knock him out in a court of law.”

Conte is the founder of BALCO and is now called as the ‘mastermind of the biggest doping ring in the history of sports’. In 2003, the so-called BALCO Affair grabbed international attention because of the status of the personalities that were implicated.

The BALCO Legacy

Numerous professional athletes, including Marion Jones, Bill Romanowski, Roger Clemens, and Barry Bonds, were reportedly supplied with steroids and performance boosters. Subsequently, a federal inquiry took place conducting investigations and procuring evidence against athletes, coaches, trainers, as well as those connected with BALCO.

A couple of those involved in said scandal have been found guilty, mostly of perjury charges.

Marion Jones is currently serving her six-month prison term for perjury involving check fraud case and use of banned compounds.

Trevor Graham, the famed US athletics coach to many elite athletes, including Jones, was convicted in May 2008 of one count of lying to federal investigators.

Conte himself spent four months in prison and another four months under house arrest for one count of conspiracy to distribute steroids and a second count of laundering a portion of a check.

In December 2007, The Mitchell Report was released. United States Senator George Mitchell conducted the investigation on the use of steroids and performance-enhancing substances in the Major League.

Mitchell was appointed by MLB Commissioner Bud Selig at the height of the controversy created by the publication of the book Game of Shadows by San Francisco Chronicle investigative reporters Lance Williams and Mark Fainaru-Wada in 2006. Williams and Fainaru-Wada were the reporters who exposed the BALCO Affair. Game of Shadows chronicles the use of banned compounds by MLB players, including Bonds, Jason Giambi and Gary Sheffield.

Of Books and Crooks?

Taking cue from the authors of Game of Shadows Conte is now planning to publish a tell-all book, which includes the allegations he made against Mosley.

It was March 30 this year when it was announced by the New York Daily News that Conte is scheduled to write BALCO: The Straight Dope on Barry Bonds, Marion and What We Can Do to Save Sports.

Mosley’s attorney, Judd Burstein, meanwhile said that they are ready for a legal counter.
“As soon as they publish the book we’re going to sue them the next day,” Burstein said to the Daily News.

According to Burstein, the new suit against Conte demands for at least $2 million in compensatory and at least $10 million in punitive damages. He added that they are ready also to sue the insurance company underwriting Skyhorse Publishing for defamation. Skyhorse is the publisher of Conte’s book.

Conte bared his allegations about Mosley’s doping to the public on March 30, telling several media groups that Mosley was very much in the know of what he was getting from the BALCO founder.

Three days later Mosley sued Conte.

Mosley has repeatedly denied that he has knowingly take steroids and other PEDs. He said he thought the substances he was provided with were legal and healthy compounds. According to Burstein, his client has provided the same statement for the grand jury which was investigating BALCO in 2003.

“Shane’s never denied that he took the stuff,” said Burstein. “He just didn’t know what it was.”

Conte, however, was saying otherwise and offered evidence to support his claim.

Conte said he has calendars that provide vital details about Mosley’s doping protocol. Along with Mosley’s former trainer Derryl Hudson, Conte has filed a sworn affidavit detailing how he directly explained to the boxer that the compounds were steroids and erythropoietin or what is commonly known as EPO. Conte and Hudson had also stated in their affidavits that Conte demonstrated to Mosley how to self-administer EPO.

“This dismissal is proof that the case has no merit,” said Wagstaffe of Mosley’s case in San Francisco. “After we submitted proof that Mr. Conte’s statements were true, Mosley and his attorneys dismissed the California lawsuit.”

Jeff Novitsky, a lead investigator on the BALCO steroid scandal, has also directly implicated Mosley. Novitsky reported that a document found at a BALCO lab indicated that the boxer had received designer steroids known as The Clear and The Cream, which were later identified as tetrahydrogestrinone and testosterone cream, respectively.
Defamation suits en vogue

Defamation suits seem to be the trend nowadays in sports world. Another BALCO-related suit was by that of Roger Clemens against his former trainer Brian McNamee. Clemens and McNamee were two of the most prominent names involved in the BALCO Affair.

In January this year, Clemens filed a defamation complaint against McNamee before the latter was to testify on Clemen’s use of steroids and human growth hormone.

Other athletes outside of the BALCO Affair have also sued for defamation related to doping allegations in recent years. These include cyclists Kayle Leogrande and Lance Armstrong.
Seven-time Tour de France champ Armstrong has been embroiled in numerous defamation suits stemming from doping allegations. He’s been against Britain’s Sunday Times in 2004 when the newspaper reprinted allegations mentioned in the book L. A. Confidentiel – Les secrets de Lance Armstrong.

The book contains the allegations of Armstrong’s former masseuse Emma O’ Reilly who claimed that she had disposed of syringes and disguised needle marks on his arms. Another source of the book was Steve Swart, a teammate of Armstrong during his Motorola days, who alleged that he and Armstrong as well other riders began using steroids in 1995.

Kayle Leogrande, likewise, recently served a defamation case against Suzanne Sonye, a former staff member of Leogrande’s Rock Racing team. Leogrande also filed similar complaint against fellow professional cyclist Matt DeCanio.

The defamation suit resulted from a phone conversation between Sonye and Decanio, in which the former had mentioned that Leogrande was a doper. DeCanio, an anti-doping activist, recorded the conversation and posted it on his website. Leogrande apparently got a temper as colorful as his tattoos and took offense and sue Sonye and DeCanio.

Friday 20, Jun 2008

  Barry Bonds steroid trial

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bondsbonds-steroidsWith the recent conviction of Trevor Graham, all eyes are now turned to slugger Barry Bonds. Bonds was indicted November 15 last year on four counts of perjury and one count of obstruction of justice. His trial is expected to take place not until next year.

Bonds was accused of lying when he said he was unaware that he was using steroids provided to him by his trainer Greg Anderson. He was also accused of committing perjury when he denied that his trainer never injected him with steroids. Anderson, meanwhile, has served prison term for refusing to testify against Bonds.

In the book Game of Shadows, authors Mark Fainaru-Wada and Lance Williams have chronicled Bonds’ use of steroids and other banned substances. The controversial book described how and why Bonds turned to steroids after the 1998 season to enhance his performance in the Major League. The book alleged he was jealous of Mark McGwire’s popularity because of the latter’s impressive record. At that time, McGwire was the proud holder of the single-season home run record.

In 2001, he beat McGwire’s 70 home runs – Bonds hit 73. The book reported that at that time Bonds was already into two designer steroids called as “The Cream” and “The Clear”. The book further alleged that aside from the two designer steroids, Bonds was also using insulin, human growth hormone, testosterone decanoate (a fast-acting steroid known as Mexican beans) and trenbolone, a steroid developed to improve the muscle quality of livestock.

In September 2003, federal investigators raided the Bay Area Laboratories Co-Operative (BALCO), in Burlingame, California. BALCO was tipped on by Trevor Graham as the source of steroids of many American and European athletes. In said raid, financial and medical records were seized. Two days after, authorities searched Anderson’s home and found documents that suggested Bonds was using steroids and other banned drugs.