Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

Yes, I can't resist the Cheech and Chong reference, and I know I just dated myself, but it's still pretty appropriate.

Anyway, let's deal with Michael Phelps' drug use first.

I strongly believe that the law actually applies to athletes as well as to us commoners. The law even applies to an American hero like Phelps. So should we be outraged that the local prosecutor will not charge him with a drug crime? Actually, no.

As a former prosecutor, I can relate that most first-time pot-smokers get off with a dismissal. So assuming that Phelps is not a habitual drug user, he was actually treated more severely than the average person (most drug use by 23-year olds is not front page news). However, if I was Mr. Phelps lawyer (and I wish I was, just think of the parties), I would insist that he hire a bodyguard to protect himself from his inner Cheech or Chong (you can pick).

Phelps must retain a person to ensure that there are no more photos like this on the 'net. This will certainly help Phelps reclaim his image as a champion.

As for A-Rod, yet another person who claims to have made a bad decision with drugs when he was about 23 years old, his story still does not make sense. Every time I try to believe A-Rod, he says something that just can't be true. Tuesday was no exception.

After a pretty decent start in his press conference, A-Rod would have us believe that he did steroids for about three years because he was "young" and "stupid." According to A-Rod, the drugs were bought by his cousin from the Dominican Republic and then were injected into his body.

The problem with his story is that when A-Rod made his claimed youthful mistake he was already "A-Rod." He was a seven-year baseball veteran and had a contract that would pay him in excess of a quarter of a billion dollars. All this means, A-Rod had people working for him.

I am sure A-Rod could have consulted with a doctor about the health risks of steroids. I am sure A-Rod had the ability to know exactly what he was putting into his valuable body.

You see, if you believe A-Rod, you have to buy the idea that a superstar player (with a $252 million contract) would roll the dice with his body, contract and future. This is simply unbelievable. There would have been too many obvious questions for A-Rod (and his people) to consider before injecting dubious steroids. What if the substance was tainted? What if it could injure A-Rod? What if these drugs could end his career or worse?

Well, with A-Rod, he is consistent, too many questions not enough answers.