Jeff Novitzky's Witch Hunt Continues, Perjury Traps Looming in Steroid Cases

Patrick Read discusses the upcoming questioning by Federal Investigators of 104-plus baseball players who failed steroid testing in 2003. Feds say they are after the dealers this time. Considering the Mitchell Report, can they be believed?

by Patrick S J Read (Senior Writer)

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Editorial

May 18, 2008

MLB, Miguel Tejada, Andy Pettitte, Roger Clemens, Barry Bonds, Jose Canseco, Performance Enhancing Drugs, Mitchell Report, Brian McNamee, Jeff Novitsky, Steroids, Editorial

Washington DC

May 18, 2008

Today Federal Authorities released their intent to question all baseball players who failed steroid tests in 2003.  The questioning will include one hundred, and four MLB Players altogether, and in direct contrast to the Congressional Intent of "not looking into the past," as submitted by Rep. Davis on Feb. 12, 2008.  All while the original Balco Judge, Susan Ilston, remains suspicious of Novitzky, and the Federal Prosecutors office, as names are being named contradicting her court's intent to uphold privacy. 

This information was released today as the Investigators' office re-filed the charges on Barry Bonds just last week.  The objective is not out to prove steroid use, rather they intend to support perjury, and obstruction of justice charges instead.  What type justice is being pursued in investigating players?  Maybe the real question is, "whose justice is being served?"  The judges involved  will have to figure that one out.

Considering the cases against Miguel Tejada, Barry Bonds, and Roger Clemens; entrapping professional athletes seems to be the preferred method of the Fed's justice in prosecuting athletes. 

It is unknown how far back they will look into PED's, for example, will Novitzky (who is now with the FDA, not the DEA) also look into amphetamines which were "wide spread, and rampant" as early as the 1950's?  Will he be fair in his prosecution, and distribute his brand of justice all the way to those currently in the Hall of Fame? Athletes began taking steroids as early as the 1940's.   If the means justify the ends, then where, and when exactly does this all end?  What is the objective?  Who do we target in drug cases?

According to The Mitchell Report, the Department of Justice's objective is to "prosecute the manufacturers (Balco Labs), suppliers (Radomski), and distributors (McNamee), and not the players," page 340.  So the player being prosecuted is Bonds, with Tejada and Clemens each under Federal Investigations, while the dealers are not being investigated, nor being properly prosecuted by any means at all.  Hello?  Taking into account that the distributors (McNamee, Radomski) involved are all getting "absolute immunity," or no jail time, athletes must be  lining up for jail time directly behind Marion Jones; contradicting the objective, or target of prosecution. 

Considering that the dealers are hiding the fact that they got deals from  Congress while under oath ("No deals," McNamee); the Prosecutor's office in Northern California obviously changed the target of their investigation, from that of felons, to mere baseball players.  Dealers across the country may be filling out their clientele list eager to avoid any jail time.  The DOJ is acting in direct conflict with their objective.

One would think that if the players see the above face, then they would have the sense to say nothing.  Their sworn statements are being used against them in a future case.  If they are "inaccurate" at all, then their testimony will be used against them when they are charged with perjury, or obstruction.  Though the current report is said to be aimed at receiving testimony about the distributors' role, the players would be smart to be skeptical.

Dealers, who have been accused of rape, are walking free, lecturing youths in Massachusetts (McNamee), nearing celebrity status with constant interviews, and getting more trainees to train.  McNamee said, "(he) turned down millions..." offered him in return for media interviews as early as December 2007. Benefitting financially is something George Mitchell reported that the accusers weren't doing, and gave this fact to support his accuracy.  Yet, Radomski's book is forthcoming which is another financial benefit.    

The Mitchell Report was not to look into the past, but to give a snap shot of present use.  Did the Mitchell Report accomplish the task forwarded them by Congress?  Investigators failed this objective miserably as they forced some to "speculate" about events that occurred over ten years ago, even if not accurate.

Maybe the federal investigators are really changing the focus back to their original target: prosecuting the dealers.  Novitzky has been investigating Clemens since 2005 (LA Times, and Novitzky Search Warrant), and still has no corroborating evidence.  Could he suspect McNamee now, instead of Clemens?  Considering what the original "whistle blower", Jose Canseco, said of McNamee, that "he is a dirty liar," maybe Mr. Novitzky is having a second look at his information.

One thing is for sure: when the Federal Prosecutors' Office knocks, they will be back knocking again.  If they were to question some individual who has had "illegal exposure to legal drugs" you would think that players would know by now to plead the 5th. 

Take a cue from Bonds, and Clemens; and go silent.  Get a lawyer, and be still.   Definitely verify any search warrants accordingly, as Judge Ilston has already challenged Novitzky's original search warrant on Jason Grimsley.  Grimsley's Warrant (names unredacted in line with Ilston's intent) was the search warrant that kicked the Balco case into overdrive, with seemingly, no end in sight. 

 

 

 

 

 

 

 

 

Editorial

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comments (10) write a comment »

  1. Maybe Novitzky really is shifting the focus from Clemens to McNamee. I dont think I would bank on that, and the defamation suit is still there to provide justice to those for whom the system failed. Clemens might do well to focus the defamation suit to libel, and slander. This would take the case's target away from Clemens character, and place it on the accuracy of the Report, and McNamee.

  2. I suspect if any of the ballplayers wanted - Bonds & Clemens included, they would all get (or have received) immunity in exchange for their testimony on where they got the PEDs. Unfortunately, none of them want to admit using them so their suppliers are flipping and throwing them under the bus. I wouldn't be surprised if the tactic wasn't to nail a couple of non-cooperating ballplayers so when the 103 come in, they will flip on their suppliers in exchange for immunity.

    Ballplayers, and athletes in general, don't seem to be the brightest bulbs in the world when it comes to the law. They all seem to think they are above it and should be left alone because they are ballplayers. Welcome to the real world boys.

    1. I would guess that since immunity was already given to the distributors (or targets, according to the DOJ), then the players would not get the same luxury. Someone has to go to jail, otherwise what's the objective? Dealers got the PEDs from Balco, and Radomski's supply which is not determined, but I have my suspicions. We'll just have to wait for the book. If the Feds wanted information on the suppliers / manufacturers they would work up the chain, and ask their informants; McNamee and Radomski. OR Canseco. I don't believe that Clemens, nor Bonds would be offered immunity since they are the targets of the current investigations. Bonds with charges filed, amended, and refiled. The bad thing about a "flip" is there is always a "flop" too. Real world.

  3. I believe it was the "distributors" who through players "under the bus" in the Mitchell Report. They got immunity, and no jail time for their acussations against..... Thus changed the "objective of the DOJ" (page 340) from catching the dealers, to targeting the players. They already knew where Bonds got his supply, because Novitzky found it in the trash. The manufacturers, and suppliers either got short time, no time, or absolute immunity...to get the players. The targets were reversed mid-stream. Read Judge Ilstons' comments, she is the Balco Case Judge. Maybe the new players could get immunity; but the ones under investigation are the targets of the investigations. The bad guys already walked.

  4. Patrick,

    I agree with you completely !! I cringe everytime I hear the " Mitchell Report" - how can people call it a report when it didnt really accomplish anything other than letting the " true criminal" ( AKA McNamee ) get away with pushing drugs to star athletes.

    Keep up the good work !!

  5. First off the objective is nothing. If the objective were something, then you would see all major sports shut down. Why would you go after Bond's, Clemens, and others for simply taking steroids? If the ones that used did it to keep their jobs, then can we not blame this vicious cycle? Novitzky is not concerned with the real issue; stopping the abuse of steroids by young people, he is looking for the fame. I am telling you that Novitzky wanted to be a STAR athlete, but he like many others, realized that he would not realize that dream. Watch out for those that have a hidden agenda, and by that I mean watch out for Novitzky! You watch Novitzky may turn over a rock that ends up tied to his own two feet as he sinks to the bottom of the Hudson River.

    1. I have to agree. How about Dohnegy looking to get out of trouble (jail) by talking. The NFL said he is lying to get out of jail, making up a big ol story to get out of the Big House....hello? Sound familiar? The FDA is hunting down dealers now? Good, send them to downtown DC, there is a problem there, they need Novtizky now. Mr Novtizky, for whatever reason, has made this his personal crusade...not good. He has already gone as far as letting real criminals go free. What's next? Prosecute Grandma for taking too much fish oil? Wow.

  6. By the way I like to keep old articles..........

    "In early 2003, Mr. Novitzky had a state narcotics agent go undercover in a gym to try to befriend Mr. Anderson. The agent, Iran White, later told Playboy magazine that Mr. Novitzky was obsessed with Mr. Bonds and talked about writing a book. One of the task force agents corroborated Mr. White’s account, according to Mr. Rains’s letters to Mr. Schools."

    And here is the link for anyone to read
    http://www.nytimes.com/2007/11/18/sports/baseball/18agent.html?_r=1&ei=5087&em=&en=2fc4b0dba38ef908&ex=1195707600&pagewanted=all&oref=slogin

    Copy and paste it into your browser.

  7. Oh, and the Hudson River comment is for those that are unaware that there are rumblings that Mcnamee was tied to the mafia.

    1. The mafia wouldn't have em, he's too stupid. He has a connection. His dad was "an Italian Inspector" (whatever that is, in the PI interview), and he was in the NYPD. They know people, but are no one themselves. The NYPD was busted 5 days after Mitchell Report was released. McNamee was employed their for three years. The Gambinos are connected to the cops on steroids article, as is McNamee. Novitzky let him go free. That shows a determination, which is vindictive. He is misguided in his justice.

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