myhousekey Posted October 29, 2008 Share Posted October 29, 2008 PAYTON OPTIMISTIC THAT SUSPENSIONS WILL BE OVERTURNED In a Wednesday morning interview on Sirius NFL Radio, Saints coach Sean Payton expressed optimism regarding the chances of running back Deuce McAllister, defensive end Will Smith, and defensive end Charles Grant successfully appealing the four-game suspensions that were imposed upon them for violation of the policy regarding anabolic steroids and related substances. “I think there are some specific details that possibly can help these guys that will be interesting to see when it all sorts out,” Payton told hosts Peter King and Randy Cross. “And we’re hopeful, certainly, that again all the facts are out and I think they will have a chance to obviously be heard and we’re optimistic about it.” Asked by King whether this means that Payton doesn’t think the league’s case against the three players is a slam dunk, Payton said, “No. No, I don’t. And that’s not just wishful thinking. Certainly, it is in our best interest not to have them lost for four games but there are some other things involved here and I’ll just leave it at that. I’m, again, anxious to hear when it all sorts out how and what we’re looking at.” The league’s past approach to banned substances is that a player is responsible for the substances in his body, regardless of how they got in there. So, on the surface, it appears that the players have no hope. The players’ specific legal strategy is still unknown. A reader recently told us that Phil Simms of CBS mentioned during Sunday’s Chargers-Saints game that McAllister obtained clearance from the league to take StarCaps, which as it turns out contains Bumetanide. The problem with allowing players to advance such arguments is that the “my supplement was spiked” defense will get used in plenty of cases, and that’s why the league has created a list of approved supplements. (And a hotline. To nowhere.) As one league source explained it to us, the fact that Saints guard Jamar Nesbit accepted his suspension without an appeal could, as a practical matter, make it harder for the other players to prevail. For that reason, Nesbit and his representatives are being criticized for not attempting to appeal his suspension. “Not many lawyers fold before making a case,” the source said. “Punting on a legitimate bite at the apple is just bad lawyering.” The reality is that there are plenty of players with recognizable names who tested positive under the substance abuse policy or the policy regarding steroids and related substances, and who ultimately avoided a suspension via the appeals process. The names were never revealed because, in those cases, confidentiality was preserved. In this case, the mere fact that the players have been named will make it harder to secure a reversal, given that the league would have to publicly retreat from the strict-liability perception that has been established via past reported cases. Other players reportedly facing suspensions include Vikings defensive tackles Pat and Kevin Williams, and Falcons defensive tackle Grady Jackson. Quote Link to comment Share on other sites More sharing options...
Pope Flick Posted October 29, 2008 Share Posted October 29, 2008 From what I am hearing & is being reported locally is that the drug was sent in and approved by the NFL. http://ap.google.com/article/ALeqM5igFYfvn..._gcZKwD942FH800 Then that's different than Jim Miller since the vitamins weren't supplied by the NFL, only contained a substance that was on the banned list. Quote Link to comment Share on other sites More sharing options...
myhousekey Posted October 30, 2008 Share Posted October 30, 2008 (edited) STARCAPS PULLS THE PLUG As it turns out, it was wise for Saints guard Jamar Nesbit to get his lawsuit filed against the manufacturer of StarCaps. Because the move might have given Nesbit a better place in line to get a piece of the company’s assets via the seemingly inevitable bankruptcy proceeding. Though no bankruptcy case has been filed (yet), the company that makes StarCaps has suspended further shipments of the weight-loss product. “We’ve received notice of the problem with the NFL,” the company said in a statement e-mailed to the St. Paul Pioneer Press and other media outlets. “We have referred the matter to our counsels and are taking all necessary steps to ensure that our customers receive product that is safe and effective. We have temporarily suspended shipping pending the result of our investigation.” The investigation apparently will focus on whether StarCaps contains Bumetanide. For starters, we suggest that the company’s “counsels” consider the November 2007 report from the National Center for Biotechnology Information, which concluded that Bumetanide is present in StarCaps. As further proof of the current state of disarry within the StarCaps family, the product’s official web site now consists of a solid blue screen containing only the words “UNTIL FURTHER NOTICE THE SALE OF STARCAPS IS SUSPENDED.” It’s rare that a company charged with civil liability says anything other than “we will defend vigorously against these frivolous claims.” The fact that the company is shuttering the operation and “investigating” a matter about which it knew or should have known can fairly be regarded as a classic ”oh sh-t” moment in American corporate history. Our guess is that the folks who made this stuff knew all along that Bumetanide was present. But they apparently decided to sell as much of it as they could under false pretenses, and now that the excess bodily water is hitting the fan via the suspensions of several NFL players who have been taking StarCaps, it looks like the company will simply pull up the stakes and disappear. If our suspicions are accurate, then this is a situation that calls for the intervention of federal authorities. If the Department of Justice can cook up a legal theory to put the Whizzinator guys behind bars, the United States’ in-house legal department surely can fashion an air-tight criminal complaint in this case, too. Edited October 30, 2008 by myhousekey Quote Link to comment Share on other sites More sharing options...
tbimm Posted October 30, 2008 Share Posted October 30, 2008 This can and should give the players involved a leg to stand on during the appeals process. Quote Link to comment Share on other sites More sharing options...
myhousekey Posted November 19, 2008 Share Posted November 19, 2008 This looks promising... From PFT.com CORNWELL SAYS NFL FAILED TO WARN PLAYERS THAT STARCAPS CONTAINS BUMETANIDEPosted by Mike Florio on November 19, 2008, 8:38 a.m. EST A source with knowledge of the situation tells us that the appeal hearing arising from the four-game suspensions of Saints running back Deuce McAllister and defensive ends Charles Grant and Will Smith lasted until midnight on Tuesday. And, based on a statement released by lawyer David Cornwell, the marathon session apparently contained some fireworks. The case comes down to the question of whether the Saints players will be suspended for taking StarCaps, a weight-loss supplement that was spiked with Bumetanide, a potent diuretic and a substance that the NFL has banned. StarCaps doesn’t disclose Bumetanide as an ingredient, and the company that distributes StarCaps has “temporarily” suspended shipments due to lawsuits filed by Saints guard Jamar Nesbit and Falcons defensive tackle Grady Jackson. Cornwell contends that Dr. John Lombardo, the administrator of the NFL’s policy regarding anabolic steroids and related substances, testified during the hearing that he learned in late 2006 of the presence of Bumetanide in StarCaps. Lombardo, per Cornwell, did not share this information with NFL players, because Lombardo feared that other players testing positive for Bumetanide would claim that they were taking StarCaps, even if they weren’t. Says Cornwell: “Dr. Lombardo’s failure to disclose what he knew about StarCaps may have exposed NFL players to the significant health risks associated with the unintentional ingestion of diuretics. If Dr. Lombardo had notified NFL players that StarCaps contained bumetanide, Will, Deuce and Charles would have never used the product to lose weight.” Assuming that Cornwell’s characterization of the testimony is accurate, the Saints players apparently have turned the tables on Lombardo, making it very difficult for the league to suspend these players, or any other players who are facing suspensions for taking StarCaps, including Vikings defensive tackles Pat and Kevin Williams. Quote Link to comment Share on other sites More sharing options...
myhousekey Posted November 26, 2008 Share Posted November 26, 2008 (edited) ESPN bottom line on TV is reporting "suspensions unlikely" for all three Saints this week. Edit: Got some bad info.....it says "this week", not "unlikely for the season.". Edited November 26, 2008 by myhousekey Quote Link to comment Share on other sites More sharing options...
rajncajn Posted November 26, 2008 Share Posted November 26, 2008 ESPN bottom line on TV is reporting "suspensions unlikely" for all three Saints. Last I heard the decisions were being postponed. Quote Link to comment Share on other sites More sharing options...
myhousekey Posted November 26, 2008 Share Posted November 26, 2008 Last I heard the decisions were being postponed. You are correct. I had some bad info. Post updated above. Quote Link to comment Share on other sites More sharing options...
rajncajn Posted November 26, 2008 Share Posted November 26, 2008 You are correct. I had some bad info. Post updated above. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.