The highly-touted trial lawyer Rusty Hardin made his opening statements last week in the perjury and obstruction of justice trial of Roger Clemens. Clemens is accused of lying when he denied using anabolic steroids and human growth hormone (hGH) in testimony before Congress. One of Hardin’s arguments pointed to the lack of change in Clemens’ physical appearance during the period before, during and after working with trainer Brian McNamee. He claimed this proves that Clemens did not use steroids.
The tendency of prosecutors to use “muscle profiling” as proof that an individual was a user of performance-enhancing drugs was not evident during the government’s case against Clemens. None of the government witnesses testified to any such changes in muscle mass or provided evidence of any steroid-related side effects. This was in stark contrast to the government’s case against Barry Bonds.
In Barry Bonds trial on similar perjury charges related to statement about his use of steroids, federal prosecutors introduced numerous “expert” witnesses to testify that anabolic steroids and/or human growth hormone were responsible for dramatic changes in Bonds’ physical appearance. These changes included increase muscle size, increased head size and reduced testicular size. Testicular atrophy is sometimes seen in steroid users due to anabolic steroid induced hypogonadism (ASIH).
Hardin showed the jury four pictures of Roger Clemens at different stages of his career. Each picture represented a different snapshot in the four-year timeline in which McNamee worked with Clemens (and allegedly injected Clemens with PEDs). Hardin emphasized that Clemens did not display physical changes indicative of a steroid user.
“These pictures show this man’s body, other than the aging process, doesn’t outwardly change,” said Hardin.
Cheryl Redfern, a massage therapist who worked with Clemens from 1995 to 2003, testified that she did not notice any changes in Clemens upper body during the period she worked with him. Changes that prosecutors in Barry Bonds trial claimed would provide proof of steroid use include back acne, gynecomastia and increase muscle size.
Phil Garner, a former Houston Astros manager and former MLB player nicknamed “Scrap Iron”, also testified that Clemens’ physical appearance and performance did not change dramatically during the period that McNamee worked with Clemens.
Assistant United States Attorney Steve Durham tried to downplay the lack of physical change when Clemens allegedly used steroids during his cross-examination of Garner. Durham suggested that different steroids have different effects. Some were used to increase muscle size and some were not.
“Are you aware that some steroids can created large muscle mass?” asked Durham while striking an Incredible Hulk pose.
“Like Winstrol has different effects than Dianabol?” responded Garner. “Yes.”
Gary Wadler, the former chair of the World Anti-Doping Agency (WADA), supported the government’s position in comments made to Bloomberg.
“You can’t look at someone and say ‘Aha! They are on steroids,’” said Wadler. “A picture tells you nothing at all.”
Of course, Wadler was notably silent about “muscle profiling” athletes accused of steroid use during the Barry Bonds trial.
Government prosecutors seem to want it both ways. Dramatic changes in physical appearance are proof that an athlete used steroids. Yet, the lack of changes in physical appearance aren’t proof that an athlete didn’t use steroids.
Source:
Cortez, M. et al. (June 1, 2012). Clemens Photo Defense Fails With Doctors Who Know Steroid Abuse. Retrieved from http://www.bloomberg.com/news/2012-06-01/clemens-photo-defense-fails-with-doctors-who-know-steroid-abuse.html
