The Clemens Trial Begins: Let's Get Technical
Finally, after about a week of jury selection, a jury has been chosen to serve in the case of the United States of America v. Roger Clemens. According to the court, opening statements are to begin today.
Opening statements, unlike closing arguments, are not supposed to be about fireworks. An opening statement is designed to be a calmly delivered road map of the evidence an attorney expects the jury to hear.
Opening statements rarely win cases but they can lost them. If a lawyer tells a jury about the evidence that he expects them to hear and it doesn't happen, disaster can strike. Juries often punish lawyers (and their clients) who don't keep their promises and don't deliver the goods.
So when you open, be careful that you don't over-promise and that your word is good.
Supreme Court Declines Clemens Appeal
Clemens and his attorneys suffered another loss, as the United States Supreme Court declined to hear his appeal of the dismissal of his defamation lawsuit against Brian McNamee. The Fifth Circuit Court of Appeals had dismissed all claims against McNamee, because the allegedly defamatory statements were made in New York, and Texas courts had no jurisdiction over McNamee in connection with those alleged statements. The United States Supreme Court simply declined to hear the matter, effectively ending Clemens' case against McNamee. Clemens could have filed suit in New York, but the statute of limitations would now preclude him from doing so.
McNamee does have a defamation case pending against Clemens in a New York federal court, although some (but not all) of McNamee's claims were dismissed in February.
The Potential Case Against Lance Armstrong: Is an Indictment Close?
The 60 Minutes interview of Lance Armstrong's teammate, Tyler Hamilton, lived up to the hype about being a bombshell. Hamilton's account of Armstrong's illegal drug use was specific, compelling and detailed. Hamilton also claimed to being an eyewitness to Armstrong injecting himself with illegal blood doping drugs. Even more devastating was Hamilton's recounting of Armstrong and Armstrong's "people" covering up a positive drug test to protect his image.
It is worth noting that Armstrong denies Hamilton's allegations and clams that Hamilton is just pushing a book deal.
The most important part of the story, however, could be missed. Scott Pelley reported that Armstrong's cycling team was sponsored by the US Postal Service and had pledged to be drug free in return for federal funds. If Armstrong lied and used illegal drugs, he can be indicted for perpetrating a fraud against the United States, conspiracy and drug trafficking. This kind of federal indictment will make the Barry Bonds case (and conviction) seem like very small potatoes.
Given the testimony against Armstrong (obtained by the subpoena power of the US Attorney), an indictment against Armstrong now seems inevitable. At that point, the 7-time Tour de France champion will be in the race of his life.
What Does the Barry Bonds' Conviction Mean for Roger Clemens?
It means the Rocket is big trouble.
As aptly pointed out by Jon Paul Morosi of Fox Sports, the prosecution in the Bonds case was able to get a conviction of obstruction of justice and had the jury 11-1 to convict on another felony count WITHOUT the aid of Bonds' trainer and alleged steroid supplier, Greg Anderson. Remember, Anderson refused to testify against the former "home run king."
However, in the case against Clemens, the prosecution will not have this severe disadvantage. The government will have the full cooperation and testimony of Brian McNamee. It appears that McNamee will provide direct testimony concerning Clemens' alleged steroid use. In the Bonds case, the prosecution had to use mostly circumstantial proof including the changes in Bonds' body.
With weaker case, the government turned Bonds into a convicted felon. With a true star witness in McNamee (assuming his testimony is believed), why should Clemens' outcome be any different?
Bonds Trial Update: Guilty Enough
Today, a federal jury convicted former Giant and "home run king" Barry Bonds on one count of obstruction of justice for misleading a grand jury about his use of steroids. The jury could not come to a verdict on the other 3 charges against Bonds, including perjury.
Make no mistake, this verdict is a huge victory for the prosecution. Although the government has been criticized for bringing the case by many criminal defense lawyers, they were wrong. This was a very difficult prosecution because the key witness, Greg Anderson (Bonds' trainer) refused to testify against him. Anderson's testimony could have given the government a conviction on all counts. Instead, the prosecutors had to put their case together with circumstantial proof that could only go so far.
If I was the prosecutor, I would not retry Bonds again on the remaining deadlocked counts. This verdict is enough justice and the government has more dangerous criminals to try. However, I would seek the maximum sentence of 2 years in prison for the newly convicted felon and former home run king.
Bonds Trial Update: Reading the Juror's Minds
I have spent countless hours trying to figure out what issues deliberating jurors are focused on or maybe stuck on by their notes to the trial judge. Sometimes I have been right and sometimes I have been shocked. The truth is trying to determine what 12 people in a small room are thinking about and discussing is really a fool's errand. So once, again, here I go.
On Friday, the jury asked for a read-back of the testimony of prosecution witness, Kathy Hoskins (Bonds' personal shopper) on the issue of whether she saw Greg Anderson inject Bonds in the belly button with a PED. Kathy Hoskins is the sister of another prosecution witness and former Bonds friend, Steve Hoskins, By most accounts, Steve Hoskins got pretty beat up on cross-exam and may have shown a bias against Bonds and a desire to make money off this case.
While its a guess, you have to wonder if the jury may believe Kathy Hoskins and not her brother. If that is the case, Kathy's testimony combined with the other prosecution evidence is enough evidence to obtain a conviction of Bonds.
But, then again, only the jurors know.
Bonds Trial Update: The Defense is Confident
One of the hallmarks of criminal law is that the prosecution must prove its case against a defendant beyond a reasonable doubt. Criminal juries seem to understand (without penalizing the defendant) that, under our Constitution, a defendant doesn’t have to testify or put on any case because the prosecution has the burden of proof.As a former prosecutor, I can say that in majority of cases I have been involved with the defendant will not testify and will not call any witnesses. There is a very good reason for this strategy.
If Bonds had testified and the jury thought he lied to them, he’s toast. Moreover, if the judge believed the Bonds lied (or truth shaded) in court, she might “bang” him on sentencing and max him out. When the defense elects not to put on a case, this suggests that they are confident of an acquittal.
If the defense team believes that they have damaged the prosecution’s case enough through cross-examination AND now feels that the prosecution cannot meet it's burden of proof, Bonds’ lawyer should not put on a case (which was their choice). In closing arguments, Bonds lawyers must aggressively attack and dismantle the government’s case, like Bonds’ life depended on it - because it does.
Bonds Trial Update: The Prosecution's Big Gamble
When I was a young prosecutor, I was told never to over-try a criminal case. Sometimes less is more and overkill can lead to a shaky witness getting crushed on cross-exam.Last week, the prosecution decided to shorten it's case against Bonds by more than a 7 days. There can be several reasons for this decision. While courtroom observers can disagree whether the case against Bonds is going well, the prosecution must believe their case can't get any better. This doesn't mean the government is overconfident, it only could mean that they are less comfortable with their other witnesses (who could blow up).
The other benefit of shortening the case for the prosecution is that it puts immediate pressure on the defense. Bonds' attorneys will have much less time to prepare their case and will be forced to make difficult decisions on how much of a defense presentation to give the jury.
Once the defense case starts, for the first time, the prosecution can take the gloves off and come out swinging at the slugger's own witnesses.
Barry Bonds Trial Update: Can the Prosecution Force Him to Take The Witness Stand?
At this point in the Barry Bonds trial, it is critical to understand the prosecution goals. First and foremost, the government is trying to show the jury proof of the slugger’s guilt, beyond a reasonable doubt, through its witnesses and evidence. But second, the prosecution is using the testimony of his former girlfriend (and others) in a attempt to lure Bonds onto the witness stand.
Today, Bonds had to listen to embarrassing testimony from his former mistress, Kimberly Bell, as she told the jury that because of his steroids use his testicles shrunk, he was impotent and had back acne. In its case, the prosecution will try to elicit as much painfully mortifying testimony as possible to eat away at Bonds.
If Bonds believes that besides the embarrassment Bell’s testimony, she has the “ring of truth” then he may be enticed onto the witness stand. Even after a bruising cross-exam of the government’s witnesses, Bonds may believe that he will risk a conviction unless he looks the jury in the collective eye and denies the charges against him.
Remember the last time Bonds took an oath and testified, it was a disaster and the source of the charges he is facing now. The prosecutors must be salivating at an opportunity to have a shot at Bonds himself, on the witness stand under oath, to be cross-examined about the radical changes to his body and to explain to the jury why his trainer is in jail.
Barry Bonds Trial Update: Steve Hoskins Testimony
On Wednesday, Bonds’ childhood friend Steve Hoskins testified that he observed Bonds and trainer Greg Anderson emerge from a bedroom, with Anderson carrying needles and a syringe. Hoskins also testified about a conversation he recorded between himself and Anderson in 2002, and informed the jurors that Bonds asked him to research performance enhancing drugs. Defense counsel grilled Hoskins, and effectively elicited testimony that Hoskins had been charged with forgery and stealing money from Bonds, suggesting that Hoskins’ testimony is payback. Additionally, the jurors heard that Hoskins had paid $10,000 in legal fees for Bonds’ ex-girlfriend, Kimberly Bell, who will also testify against Bonds.Reportedly, Hoskins performed awfully on the stand, and gave inconsistent testimony. As bad as he may have looked however, the jurors heard the telephone conversation with Anderson, in which the words “steroids” and “human growth hormone” were repeatedly used. The jurors were also given a transcript of the conversation, and apparently were taking copious notes. Jurors typically do not take notes unless the evidence is extremely important. The most damaging statement was Anderson stating, “[e]verything I’ve been doing, at this point, it’s all undetectable,” and even referred to Marion Jones, the Olympic runner who admitted to taking performance enhancing drugs.
On Thursday, Larry Bowers, director at the US Anti Doping Agency, gave expert testimony before the jurors. Bowers explained that shrinking testicles, hand, foot and head growth, and other symptoms allegedly exhibited by Bonds are side effects of steroid and human growth hormone use. Bowers’ testimony is to lay the foundation for the eventual testimony of Bell. Bell is expected to testify that Bonds experienced testicle shrinkage, back acne and other physical attributes associated with steroids. Bowers provides the expert testimony necessary to link Bonds’ symptoms with steroid use. On cross examination, defense counsel questioned Bowers on the dearth of scientific studies performed on the issue, and effectively established that one of the steroids Bonds took, the “clear,” was not detected by anti-doping agencies until after Bonds testified before the grand jury.
The government needs to do more than show Bonds took steroids; it must be proven beyond a reasonable doubt that Bonds lied when he told a grand jury that he took substances given to him by Anderson, but that he did so without knowing the substances were performance enhancing drugs. The potentially damaging evidence so far is the recorded conversation and that Bonds asked Hoskins to research performance enhancing drugs, and even that is circumstantial. However the government may be able to utilize a substantial amount of circumstantial evidence to convince the jurors that Bonds had to know what Anderson was putting in his body. Kimberly Bell’s testimony next week will be important. Former Giants trainer Stan Conte and Kathy Hoskins (Steve Hoskins’ wife) are also expected to take the stand.
Greg Anderson's Disgraceful Silence Pays off for Barry Bonds
This week federal prosecutors were forced to reduce the amount of perjury-related charges against former San Francisco Giant, Barry Bonds, from 11 counts to 5 counts. With a March 2011 trial date looming, the prosecution no longer could hold out hope the Bonds' foremer trainer, Greg Anderson, would brake his silence and testify for the government.
Greg Anderson has certainly been consistent. Even in the face of jail time (for contempt), Anderson has refused to assist the prosecution. Bonds had been indicted for lying before the grand jury on conduct related to Anderson. Bonds told the grand jury that he denied received steroids, known as the "clear" and the "cream", from Anderson. In a previous court ruling, the judge held that Bonds positive steroids tests were inadmissible as these results were improperly obtained by the government.
Without the evidence of Bonds' positive drug tests, the only remain proof of his alleged lies would need to come from Anderson's testimony. However, Anderson has decided that he is more important than the legal system. If Anderson cooperated he likely would not face any criminal charges so his Fifth Amendment Rights would not be at risk. The only logical conclusion that can be reached is that Anderson's silence is bought and paid for by someone.
By holding on to his misplaced sense of "loyalty", Anderson will deprive the jury of hearing the facts and evidence that he only can provide. This type of conduct is an offense of our system of justice and is obstructive of a valid criminal prosecution.
As a result, Anderson and his silence should spend as a much time as possible in jail.
Jose Guillen Misses Out on Postseason Roster Due to Steroid Investigation
With the San Francisco Giants leading the World Series 2-0, rumors have begun to fly regarding one of the members of their team and his failure to make the post season roster. According to San Francisco Giants manager Bruce Bochy, Jose Guillen has been excluded from the post season roster due to neck injuries. On the other hand, speculation has swirled about the Giants holding Guillen from the post season roster due to an ongoing investigation linking Guillen to HGH shipments.
The whole story is fairly ironic due to the fact that the Giants were the team that was plagued by performance enhancing drug rumors, accusations, and the dark cloud of Barry Bonds. With the team on the brink of capturing its first World Series victory since 1954, performance enhancing drugs can stealing the spotlight. According to reports, federal authorities informed Major League Baseball there is an ongoing investigation involving Jose Guillen. Major League Baseball has also opened an investigation regarding Guillen and the shipments. Look for more details to emerge in the coming days. Guillen, a career .270 hitter with 214 HRS and 887 RBI's, has had an injury plagued career and anger management issues. At this point it is pure speculation, but so far in the age of performance enhancing drugs and HGH in baseball, where there is smoke, there is fire.
Roger Clemens Pleads Not Guilty. Now what?
Yesterday, former Red Sox and Yankee star pitcher entered a plea of not guilty to federal perjury and obstruction of Congress charges. This story was widely reported but little was mentioned about what happens with Clemens' case between now and the April 5, 2011 trial date.
Well, it may not be front page news but the defense now gets to conduct document discovery from the prosecution. Until this moment, the defense likely possessed very few official reports held by the government, but this is about to radically change.
Clemens' defensive team is basically entitled to a copy of the prosecutor's file. This means the defense will now have access to investigative reports, police reports, witness statements, and grand jury testimony. This information is critical for the defense lawyers to develop their plan of attack against the government's case. However, these documents should also go a long way in showing how strong the prosecution's case against the Rocket may be.
We know Clemens has turned down a plea bargain that didn't carry jail time. After Roger reviews the "care package" he is about to get from the Feds, I wonder if he will have any second thoughts.
Roger Clemens, His Ego, His Indictment, and the Chance of a Called Strike Three
With all the fast and furious news about former Red Sox, Astro, Blue Jay and Yankee star pitcher Roger Clemens being indicted on perjury charges, we wanted to take a moment to calm down and reflect. Once again, let's repeat that Clemens has been found guilty of nothing and maintains his innocence of all of the federal felony charges against him. But, upon some thinking, we wonder if he knows that the count against him is 0 and 2. Let's go to the instant legal replay.
Strike One: Clemens, under no obligation (and no subpoena) chose to testify in front of Congress where he story fell apart after his former trainer, Brian McNamee swore that no only did he inject Clemens with steroids, he even kept the needles. Making it worse for Clemens, two-time Astro and Yankee pitcher Andy Pettite (another admitted PED user) confirmed McNamee's account and also said Clemens admitted to him that he used PED's.
Strike Two: Clemens sues McNamee for defamination. The Rocket's case quickly backfires when a judge decided that it had no merit and was dismissed faster then you can say "no Hall of Fame."
And the Wind-Up: Clemens, throwing caution to the wind, calls a Boston radio station to give an interview (besides his tweets) and says that he will have "his day" in court. That is Clemens' right but their is a chance he will lose. Given, Clemens recent history in legal proceedings and the proof the government may have, a called Strike Three could mean that he will be the best player on the federal prison's softball team (for at leat 15 to 21 months).
Philadelphia Phillies Prospect Tyson Gillies Arrested For Felony Cocaine Possession
Philadelphia Phillies prospect Tyson Gillies was 
arrested in Clearwater, Florida this morning and charged with felony cocaine possession. The arrest stems from an incident that occurred this past June.
The incident that led to the arrest involved Gillies waving down motorists outside of his car on the shoulder of U.S. 19 in Clearwater, being picked up by a passing officer for a courtesy ride to his hotel, and forgetting his stash of "white powder" on the officer's seat when he left the vehicle. The "white powder' tested positive for cocaine on August 19th and the arrest was made today, August 20th.
Gillies was a part of this past season's Cliff Lee trade between the Seattle Mariners and the Philadelphia Phillies. Gillies was released on a $2,000 bond.
With the continuous talk about HGH and Performance Enhancing Drug testing in minor league baseball, it looks like these athletes are engaging in the use of more common drugs still. Let's see how the Phillies and Major League Baseball handle this one.
Breaking News: Former Yankee Roger Clemens Indicted
Earlier this afternoon a grand jury returned an indictment against Roger Clemens for lying to Congress during his disastrous testimony. It appears that Clemens may face 15 to 21 months and additional fines if convicted. We expect Clemens through his lawyers will enter a plea of not guilty to the charges.
During his testimony before Congress, Clemens seemed like an out of control client who didn't or wouldn't listen to his lawyers. Unfortunately for Clemens, his former trainer (Brian McNamee) told a more believable story and brought some physical evidence to show Clemens' steroid use.
Maybe he will listen now and find a way not to misremember the truth. We will have much more on this case and we will follow it closely.
Link: McNamee testifies before Roger Clemens Grand Jury
Brian McNamee testified for over 2 1/2 hours today in front of a Grand Jury. The investigation to decide whether Roger Clemens will face charges for perjury is coming to an end. Star witness BrianMcNamee's testimony could mean that prosecutor's may be seeking perjury charges against Clemens in the coming days.
"Sugar" Shane Mosley May Lose Another Lopsided Decision
After losing a lopsided decision at the beginning of the month, "Sugar" Shane Mosley might be in for another brutal defeat.
The most popular defamation allegations in the boxing world have surrounded Manny "Pacman" Pacquiao and Floyd "Money" Mayweather, but Mosley has also quietly orchestrated his own defamation lawsuit.
Mosley's case has dated back to 2008; Mosley has continued to seek his "purse" from BALCO President Victor Conte. Initially, Mosley sued Conte for statements Conte made about Mosley not knowing what he was putting into his body. Conte said Mosley "knew precisely what (he was) using". This excuse has been used many times before by athletes. (See Diego Maradona and Rafael Palmero.) But how can you be unsure what you are putting into your body? The body that makes you millions of dollars, the body that you rely on to keep you in the public spotlight. I will never understand it!
Conte's defense attempted to derail the lawsuit with an initial summary judgment motion which was denied by the New York Supreme Court Justice Louis B. York. When looking closer at Judge York's ruling, there is more to the ruling than a simple denial. In the decision, York avoided a ruling on the merits, and said that the defendant could renew it after discovery was completed. By doing so, Justice York left the door open for Conte's defense to file a second summary judgement motion, which may be on the way.
As time has past, Mosley has pushed to a $12 million defamation claim. Mosley's representation insists his client has lost millions of dollars because of Conte's defamatory words. But has he? The summary judgment motion, in the works, might pack a 1-2 punch that knocks this case out of the New York State Supreme Court.
Part 1: Mosley's reputation and income has not been effected by the claims made by the defendant. Mosley just made at least $6.7 million dollars on his fight earlier this month against Mayweather. We all know boxing is not exactly in its golden years. With the emergence of MMA and the lack of big names in the Heavy Weight Division, boxing can not compete with the other major sports. But somehow, someway Mr. Mosley has earned $6.7 million dollars regardless of Conte's statements. With the help of HBO's hit series 24/7: Mayweather vs. Mosley, "Sugar" Shane was able to put the public's perception of him behind them and allow the fight to earn over $78 million. Did Conte's statements really effect the amount Mosley has made?
Part 2: Conte claims he is telling the "truth". Truth is a complete defense to defamation. If you tell the truth, you can not be liable for defaming someone. In this case, Mosley, a public figure, is not only responsible for proving Conte is lying about the statements, but Mosley must prove Conte acted maliciously or with reckless disregard. Proving this is going to be tough, especially when recent YouTube videos of a deposition Mosley gave last October show Mosley admitting he must have known what he was taking erythropoietin (EPO).
What should Mosley's legal corner tell him? Throw in the towel Shane! You just made millions on a fight and have promoted yourself back into the spotlight for LOSING! Don't run the risk of having the public remember you were a cheater!
Stay tuned........
Thanks BPS
Breaking News: Canadian Doctor Anthony Galea Charged with Distributing HGH to NFL Players
Today, Dr. Anthony Galea, who has treated major athletes such as Tiger Woods and Alex Rodriguez, was charged with unlawfully treating athletes with illegal drugs including Human Growth Hormone (“HGH”). Dr. Galea, a Canadian citizen, was charged in Federal Court in Buffalo, NY.
The documents filed with the court allege that Galea illegally gave 2 HGH kits to at least one NFL player. The Feds also may have other NFL players that are witnesses to Galea’s alleged HGH distribution. Galea has not entered a plea to these charges as of yet.
We now know that the Feds believe they can connect Galea to HGH use in the NFL. If true, this another blow to the NFL and its apparent lack of enforcement to restrict HGH. The NFL already was rocked when Defensive Rookie of the Year, Brian Cushing, tested posted positive for steroids. This news of HGH allegations in the NFL doesn’t help at all.
The case may shed light on the “pass” the NFL has received on steroid and HGH use by its players while baseball has gotten the majority of the scrutiny. We also will be watching to see if Dr. Galea can be “flipped” to give up other star athletes that may have also received illegal drugs.
We will update once Galea’s lawyers begin to comment on the charges.
In the Federal HGH Investigation, Time is Running Out For ARod to Step Up to the Plate
Alex Rodriguez, the third-baseman of the New York Yankees, was supposed to speak with federal agents and prosecutors on Friday, March 26, 2010, in Buffalo. Apparently, ARod couldn’t make it.
While there has been rampant speculation of the reasons why the Feds want to question ARod, the media pundits need to do a much better job reading the “tea leaves” of this investigation. We know that the FBI is investigating Dr. Anthony Galea, a Canadian doctor, for allegedly violating US law by illegally distributing controlled drugs like HGH. .jpg)
Given the constant scandal in sports involving performance enhancing drugs (“PED”), no one can be shocked by this development. It is also important to keep in mind that Dr. Galea is also known for performing blood platelet therapies (aimed at speeding the healing process) that are both legal and fairly routine.
We know that federal investigators have met with Carlos Beltran, Jose Reyes (both of the NY Mets) and a host of other athletes in the course of this investigation. In the case of Beltran and Reyes (who were both recovering from surgeries) the interviews appear to be fairly routine in nature. It is also critical to note that the Mets doctors knew that their players were going to see Dr. Galea as part of their treatment.
So why all the stink about ARod?
The difference with Rodriguez is that the Yankees and their doctors were not in the loop about ARod’s treatment with Galea. It appears that ARod, in consultation with his crack advisors, treated with Dr. Galea as a “free agent.” The question is why? Given ARod’s admission of using steroids (after lying about it on national television), the Yankees might not want to know the answer.
As this investigation plays out, keep in mind that no one in media knows (or should know) the cards that the Feds are holding. We do not know what others witnesses have told the FBI about Dr. Galea and his potentially illegal practices. We don’t know if there is a critical piece of evidence against Dr. Galea that the Feds believe ARod can give them and he is failing to do so. We don’t know if paper trial exists and to whom it may lead to in the end.
In my experience as a former narcotics prosecutor, in New York City, I can state that the “end user” of a illegal drug (like HGH) is not normally a big target criminal defendant. Unless, of course, the end user has been implicated in a narcotics investigation and refuses to play ball (see Greg Anderson of Barry Bonds mess). Eventually, the Fed’s collective patience will run out with ARod. While I am certain ARod doesn’t want another PED scandal, the Feds have more options then he does in this situation. If ARod doesn’t “shuffle off to Buffalo” soon, he may receive a more formal invitation in the form of a grand jury subpoena. This will compel him to tell the truth under oath or be subject to his own criminal prosecution (see Roger Clemens).
Finally, if ARod really antagonizes the Feds and if the FBI has proof of ARod using HGH provided by Dr. Galea, the government can always use the nuclear option and simply indict them both. Batter Up!
UPDATE: ARod apparently met with MLB official in early April. He denied using HGH and this information was transmitted to federal prosecutors for their review. Whether it’s enough or a convincing story remains to be seen. It looks like another case of a star athlete getting special treatment instead of being “inconvenienced” by cooperating in a criminal investigation.
MLB Players Must Rise Up Now!
Courtesy of MSG Game On
Have you watched any TV coverage about the beginning of Spring Training? All the shows I have seen start the same way: A damaging report about steroids. Due to the A-Rod disclosures and the allegations of the union tipping off players to testing, the game has been dealt another serious blow.
The truth is baseball needs a break from its players.
In the era of steroids, HGH and whatever is going on now, we know that the dirty players have always been one step ahead of the cops. In the end, the only group that can really bring about change are the "clean players."
When it comes to the use of the "beanball" in the game, I was always told, "don't worry, the players will police it." When it comes to steroids, the clean players must say "enough!"
The clean players must rise up against the cheaters and overthrow any union leaders who don't support mandatory testing with the strictest methods known to man. A union mutiny has always been unthinkable in baseball. Now it is a necessity. The clean players must start walking the beat.
For too long the union has simply gotten the steroid issue very wrong. There is no labor victory in protecting cheaters. Union leaders (for some unknown reason) must realize that it is NOT their job to protect and advance the careers of dirty players over those who play the game the right way.
However, I don't believe this will change unless -- and until -- the clean players band together and demand real change. They must unify and cause their leadership to renegotiate (yes, again) the testing policy to include blood testing and Olympic protocols. The clean players must fashion a new punishment for the first positive test (i.e., a full-season ban). Finally, the clean players must stop accepting the apologies of dirty players at the drop of a baseball hat and protect the game from those who have no moral compass.
It's time for the clean players to step up to the plate.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.