Per various media reports, the first of the appeal hearings in the StarCaps cases will convene tomorrow in New York.
Players who were taking StarCaps tested positive for Bumetanide, a prescription medication that apparently had been added to the supposedly all-natural StarCaps product like grain alcohol to the punch bowl at a high school dance.
Saints guard Jamar Nesbit, who opted not to appeal his suspension and already has served it, has sued StarCaps. More recently, Falcons defensive tackle Grady Jackson filed a nationwide class action in California.
On Tuesday, the consolidated appeals of Saints running back Deuce McAllister and defensive ends Charles Grant and Will Smith will be heard. On Thursday, the appeals of Vikings defensive tackles Pat and Kevin Williams will proceed. On Friday, Jackson’s appeal hearing will be conducted.
Look for the arguments to focus on one or more of the following concepts:
1. If the manufacturer didn’t know that StarCaps contained Bumetanide, how could such knowledge be imputed to the players who took it?
2. If all weight-loss substances contain a diuretic and if diuretics can mask steroid use, why are any of them permissible under NFL policies?
3. The November 2007 study confirming that StarCaps contains Bumetanide was authored by a professor at the University of Utah; Dr. Brian Finkle, the league’s consultant on toxicology, is also a professor at the University of Utah. Why then didn’t Finkle advise the NFL to advise players that StarCaps contain Bumetanide?
4. As of January 2009, the World Anti-Doping Agency will not automatically suspend athletes for taking diuretics. Dr. Finkle is a consultant for WADA. Which of Finkel’s two clients are mishandling the diuretics issue?
We’ve also caught wind of an intention among the folks handling these appeals to begin using testimony given by the league’s witnesses in one case as fodder for cross-examination in future cases. The league apparently believes that the confidentiality provision prevents cross-pollination of testimony. But if a witness can say one thing in one case and something else in a different one, there needs to be a way to hold the witness accountable for inconsistencies in his or her testimony.
On Sunday, Jay Glazer of FOX reported that the NFL will point to memos posted in training rooms warning players about “some diuretics and water pills.” At this point, however, there is no evidence that players specifically were warned about StarCaps.
Either way, things look to get interesting this week, and beyond. As Charley Casserly of CBS pointed out on Sunday, the league seems to be intent on getting this matter resolved in time for the suspensions to be served by the end of the year.
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November 17th, 2008 at 8:34 pm
wow no live blog again tonight, gee thanks
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November 17th, 2008 at 8:38 pm
In my world, this article reads:
“NOT LIVE CHAT”
Its Monday night florio, i dont want information, i want random youtube videos and seinfeld references…
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November 17th, 2008 at 8:49 pm
things that I could go for right now….Kornheiser to give up on the weak attempt at a combover, Marshawn Lynch to get 33 fantasy points, and some LIVE CHAT!!!
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November 17th, 2008 at 8:52 pm
I want world peas.
A georgous asian woman who speaks very little English and thinks short, furry, Irish New Yorkers are the bomb.
Oh, I want a winner lottery ticket. I’m not greedy, $200,000 after taxes would work for me.
I want Chris Collingsworth to just go away. Go away Chris, go away.
I want a self cleaning waffle iron.
A bottle of Johnny Walker Blue to go with the asian chick.
a keg of Killians Irish Red.
A 1969 Shelby GT so I can take the asian chick to a hotel and have her Kung Pow my chicken.
Oh, I’m sorry, I forgot, this is a football forum.
I want to know what happened to the Bills????
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November 17th, 2008 at 9:01 pm
Finkel is Eihnhorn….. Eihnhorn is Finkel!!!!
On another note, it will be 100% certified bull$#!t if Pat and Kevin don’t get off.
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November 17th, 2008 at 10:51 pm
This is a huge clusterf–k. You’ve got a bunch of guys who, in almost all probability, fell afoul of a poorly articulated rule and poorly implemented policy. Common sense tells you that if they were trying to use it as a masking agent there would be other signs to indicate guilt. For example, the league could have followed up with other, more specific tests for particular things which Bumetanide masks and the league could get more information with which to convince themselves. And the players behavior would be different. If you’re guilty and you’ve already accepted your punishment, you wouldn’t go out of your way to bring up your case in a court of law where it would be publicly under the microscope. You’d take your lumps and shut up.
By pursuing this policy the league looks like they’re not interested in doing the right thing, rather they’re interested in sending a message to players that they will be cracking down. Hey, sending a message is good. Doing it at the price of your own integrity is Pyrrhic and just plain stupid.
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November 17th, 2008 at 11:10 pm
plain and simple….a banned substance is a banned substance…there are close to 2000 players in the nfl and all the others new better to take this and from what i have heard they were warned so suspend them…also how can nesbit serve his suspension for taking this and you let these other clowns off
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November 18th, 2008 at 1:03 am
Hender, Hender..
1. Yes, a banned substance is (surprse) a banned substance. But there’s a difference between using a banned substance and inadvertently using a banned substance.
2. How can you say 2,000 other players knew better than to take the substance? I’d say some of them probably used it, and it didn’t show. I’d also say other probably similar substances that were supposed to do the same thing and got lucky.
3. Suspend them? Suspending is punishment. Someone does something they shouldn’t do so you punish them and they aren’t supposed to do it again. These people used a product that did not say included the substance that the NFL had banned. You really think that serves the purpose of the drug policy? To eliminate cheating and advantages over an opponent?
If you’re an NFL player, want to use this product, check to see if it has any banned substances and don’t find any, use it and fail a test, do you really sit there and say “Oh well, a banned substance is a banned substance. I should have known better than to use this product.”
Ridiculous.
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November 18th, 2008 at 8:01 am
Ban their asses, it’s that cut and dried. They cheated, period. There’s no grey area, they should be out 4 games at least immediately.
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November 18th, 2008 at 8:26 am
stevemo….ignorance is not an excuse…again a banned substance is a banned substance and the nfl made it clear that if you take something that is not on the list of approved supplemants you are responsible…obvious you are a homer from one of the teams with a player involved…here’s an idea…if you are to damn fat(that’s the excuse these guys are trying to use) try working out and eating better
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November 18th, 2008 at 9:00 am
Hender,
It’s a backwards policy to have the players bear the burden of figuring out what products are banned. By doing this the league is essentially telling the players to be more accountable than the league itself. The league is saying we don’t have to be accountable for correctly administering the rules we set forth, but the players sure do. Not to mention the league is still allowing other masking agents. They’re failing the spirit of what they are trying to do with their substance control policy, they’re not taking any accountability for their failures, they’re opening the potential for capricious and arbitrary prosecution, and they’re doing it in a way which will only alienate players.
If the league can’t get it’s act together, with all its resources, to properly know what is good or bad, then how do they expect the players with less resources to?
If the league can’t take responsibility for its failures and refuses to be open about them and is unwilling to have a buck stops here approach for their own accountability, then why do they expect the players to?
Effective leadership doesn’t work like that. No one thinks that having a banned substance list is a bad idea. But they have the choice to go about it in a way which will be embraced by players or one which can be mocked and ridiculed. You tell me which way would more effective?
The league thinks it’s sending a message, and it is, only it’s the wrong one. The message they’re sending is, “Don’t expect help from us. We don’t care about details. We don’t care about you.” The message they should be sending is “Ok, this isn’t an exact science but players need to know we will be harsh in the application of our rules, even if they are wrong. However, we will strive to do our best to ensure that the spirit in which these rules are applied is the correct one.”
To conclude, there’s a simple lesson of history that shows an army which believes itself to be free is a much more powerful force than one which is forced to do things (Von Clausewitz - On War). And parallels to this fundamental truth are found everywhere. If the league wants an effective substance policy it’s better to do it with players behind you than with them disrespecting your hypocrisy, working against you.
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November 18th, 2008 at 9:17 am
Actually, Hender, you clearly haven’t been keeping up on this story, so allow me to illuminate you. First off, StarCaps was NOT a banned substance by the NFL. It was found to be clean and was entirely legal to take. It was the company that produced StarCaps that slipped in the deuretic without A) Labelling it or B) Telling anyone. Not surprisingly, the company is now going out of business, likely to avoid any lawsuits from pissed off NFL players.
I would agree with you if they were taking some straight steroid masking agent, but they weren’t. They were taking pre-okayed water pills that were on the League’s safe list.
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November 18th, 2008 at 9:54 am
>>I would agree with you if they were taking some straight steroid masking agent, but they weren’t. They were taking pre-okayed water pills that were on the League’s safe list.<<
Our resident Packer fans don’t understand this concept, largely because they’re stupid.
Seriously, why couldn’t the Williams’ have just been caught with real drugs? I mean, cocaine is only a three-game suspension (see also: Jones, Matt), and apparently having enough codeine in your possession to sedate an entire herd of buffalo doesn’t carry a penalty at all (see also: Jolly, Johnny, the fat, talentless slimeball). But nooooooooo. . .Pat and Kevin just HAD to take something that the league approved in order to make weight. What on earth is wrong with them?
If anyone from this case gets suspended, Roger Goodell will simply cement the fact that he’s a complete joke. Can we get Tagliabue to come take his old job back, please?
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November 18th, 2008 at 11:58 pm
sorry all you homers…it is clearly stated to the nfl players that whatever you take you are taking it at your own risk…so that means you have to be smart enough to have the shit tested if you want to take it…and this star caps was not ok’d by the league… all these fat bastards should try working out instead to drop some weight
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