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Whistleblower Says Prosecutor and Police Detective Lied About Evidence

A whistleblower in the Hays County District Attorney’s Office accused her fellow prosecutor and a police detective of lying about information used to incarcerate a man for steroid possession. Shawn Nathan Shipman was arrested on October 29, 2007 and charged with two counts of possession of the anabolic steroid trenbolone acetate. Steroid possession is a felony under Texas state law and subject to 6 months to 2 years incarceration. Shipman was in Hays County Jail for 498 days prior to pleading guilty and being sentenced in March 2009.

Assistant District Attorney Lynn Peach joined the Hays County DA’s Office in February 2009 and began to suspect that there may have been fraud involved in the prosecution of Shawn Shipman. She suspected San Marcos Police Detective Laray Taylor of misrepresenting or even falsifying crucial information used in an affidavit for a search warrant in the Shipman case. Peach believed that Assistant DA Chris Johnson lied about the source of the information used in the affidavit when interrogated by the Shipman’s attorney, David Watts. “I thought, ‘Holy smokes, he’s lying,” said Peach.

Specifically, Lynn Peach alleges that the affidavit information did not originate with a “concerned citizen” (as alleged by Detective Taylor and Assist. DA Johnson). A “concerned citizen” usually has a high degree of reliability because of long-standing connections to the community and the absence and any quid pro quo. Instead, it appears that the information came from a “confidential informant.” “[A] confidential informant is someone who is involved in the drug trade who is getting something for what they’re giving” according to Peach.

To make matters worse, the confidential informant used by the San Marcos Police and Hays County District Attorney’s Office was the ex-girlfriend of Shawn Shipman. Shipman’s former girlfriend was arrested on drug paraphernalia charges approximately one month prior to Shipman’s arrest. The previous girlfriend presumably told police that Shipman used anabolic steroids in exchange for leniency.

After learning of the potential prosecutorial misconduct, Lynn Peach felt obligated to blow the whistle on her employer and notify Shipman’s lawyer of her suspicion before alerting District Attorney Sherri Tibbe.

David Watts, the attorney for Shawn Shipman, is seeking a new trial on May 7, 2009 in light of the new evidence. “Some of the evidence presented previously to the Honorable Court was to say the least suspect, if not in fact, a fraud,” according to Watts in court documents.

The Hays County District Attorney has defended the actions of her office against the allegations of misconduct. "We have investigated the allegations made by Ms. Peach and feel strongly that the law and the facts show no misconduct in the prosecution of this case," according to Tibbe in a press release. "The guiding principal of this office is to ensure that justice is administered in a fair and ethical manner."

San Marcos Police Chief Howard Williams decried the “rumors” about his officers. “I haven’t heard any accusations, haven’t heard any evidence. I’m not even exactly sure what they’re talking about,” said Williams. “I would think if someone is going to accuse one of my officers of wrongdoing I would hope they would at least have the respect to bring it to me so I could deal with it.”

State District Judge Jack Robison recused himself from the case after hearing the incriminating testimony by Lynn Peach. “It’s clear to me the type of information we’ve heard today may result in possible legal charges against an officer of this court. I’m not going to sit as a judge in that kind of case,” said Robison.

Since Judge Robison has recused himself, a visiting judge will be appointed to rule on the request for a new trial. The scandal within the Hays County District Attorney’s Office highlights several issues of concern for steroid users. The fact that someone could be put in jail for 498 for simple steroid possession is alarming. But the lengths to which prosecutors would go to put steroid users in jail, including possible misrepresentations and fraud, is even more disturbing.

Sources

“Assistant district attorney says prosecutor, detective lied in steroids case,” April 28, 2009

“Update: Judge recuses himself in new trial motion,” April 28, 2009

“New trial in steroid case a possibility,” April 22, 2009

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com

Oklahoma Law Enforcement Investigating Bodybuilders Who Use Steroids

The State of Oklahoma is cracking down on the use of anabolic steroids in the sport of competitive bodybuilding. The Oklahoma Bureau of Narcotics and Dangerous Drugs Control and Tulsa Police have been investigating steroid use in the competitive bodybuilding scene since at least December 2007. The Drug Enforcement Agency (DEA) has also been involved in the steroid investigation. The joint effort has resulted in a dozen arrest warrants for several IFBB professional bodybuilders, NPC amateur bodybuilders, emergency responders and medical professionals connected to competitive bodybuilding.

“We have identified individuals from Oklahoma, as well as several other states involved in bringing steroids or components of the drug into the United States,” according to Mark Woodward, a spokesman for the Oklahoma Bureau of Narcotics. “The drugs are being manufactured and distributed within a growing circle of individuals tied to competitive body building.”

Guy Ducasse, an IFBB pro bodybuilder, and Chris Goodman, a gym owner and supplement store owner, were indicted on federal steroid distribution and possession charges by a federal grand jury in U.S. District Court for the Northern District of Oklahoma. Over 75 individuals were interviewed during the Oklahoma steroid investigation. NPC bodybuilder Keith Koppenhaver reportedly told an undercover officer that Ducasse and Goodman were his sources for steroids according to previously published news accounts.

Federal prosecutors allege that IFBB pro Guy Ducasse sold at least $18,014 worth of steroids between 2006 and April 8, 2008 and that Chris Goodman sold at least $19,616 worth of steroids between April 7, 2004 and April 8, 2008. They both have been identified by law enforcement as “major” distributors of anabolic steroids in the Tulsa area.

Tulsa County Assistant District Attorney Tony Evans filed felony anabolic steroid distribution charges against Dr. Gary Robert Lee, a family and sports medicine physician at Gilcrease Medical Center. Dr Lee prescribed stanozolol (Winstrol) and nandrolone (Deca Durabolin) for the “off-label” to treat injuries in three bodybuilders.

Anesthesiologist Brad Stahlheber was arrested at the Muskogee Community Hospital on misdemeanor charges of possession of anabolic steroids and possession of drug paraphernalia. Dr. Stahlheber was not employed by the hospital but was given privileges to utilize the facility. A hospital spokesperson said Stahlheber was no longer welcome after his arrest. “We suspended his privileges until we can find out what’s going on,” according to Mark Roberts of Muskogee Community Hospital. “His arrest doesn’t fit in with the criteria of what our medical staff needs to be.”

National-level NPC amateur bodybuilder Darrell Terrell and IFBB pro Sherry Smith, who works for the Oklahoma City Fire Department, were arrested on misdemeanor suspicion of anabolic steroid possession after police discovered steroids and syringes while searching their home. Smith was permitted to remain on active duty with the fire department pending the resolution of the case. “We concluded she is not a danger to herself or the citizens of Oklahoma City and she will remain on duty,” according to Deputy Fire Chief Cecil Clay. “We can’t just put someone off without just cause, unless they are not fit for duty.”

NPC bodybuilder Tom Burke was charged with giving steroids to some of his personal training clients.

Recreational bodybuilder Derrick Davis was busted for importing raw steroid powders from China and prepared oral and injectable anabolic steroids in a home underground lab.

NPC bodybuilder Chris Waid, NPC bodybuilder Trudy Ireland-Kline, and Chris Jackson also face steroid-related charges arising from the Oklahoma investigation.

Criminal indictments for several unidentified bodybuilders remain sealed; the sealed indictments may involve bodybuilders on the East Coast and elsewhere outside of Oklahoma.

Sources

“Arrest Warrants Issued for Several Oklahoma Bodybuilders,” April 17, 2009

“Five arrested in state steroid investigation,” April 17, 2009

“Female Oklahoma City firefighter arrested in steroid sweep will remain on duty,” April 17, 2009

“Oklahoma Steroid Bust Nets Several Bodybuilders,” April 16, 2009

“Tulsa doctor charged over steroid prescriptions,” April 10, 2009

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com

Law Enforcement Officers with Steroid Prescriptions Likely to Be Cleared

The Broward Sheriff’s Office tested 16 employees for anabolic steroids on February 20, 2009 after allegations of illegal steroid use surfaced. The Broward Sheriff’s Office (BSO) immediately placed 15 deputies and one civilian employee on administrative assignment, otherwise known as desk duty, following the unannounced steroid testing. The internal affairs investigation into possible illegal steroid use involves two phases. First, the inquiry will determine if the BSO employees actually used anabolic steroids based on the results of the steroid testing. Secondly, if the BSO employees test positive for steroid use, the inquiry will focus on whether the employees received a steroid prescription for a legitimate medical purpose.

The Broward County Police Benevolent Association (BCPBA) filed a lawsuit on behalf on the accused BSO employees. The lawsuit accuses the Broward Sheriff’s Office of improperly and illegally subjecting its employees to steroid testing urinalysis. The attorney for the BCPBA says that officers have no problem with steroid testing itself, but object to the manner and method in which it was administered in this case.

Nine of the sixteen BSO employees were cleared of wrongdoing within 10 days of being reassigned to desk duty. The steroid tests did not detect the presence of any exogenous anabolic steroids and the employees were deemed steroid-free. They subsequently returned to their regular assignments.

The remaining seven BSO employees presumably tested positive for steroids and remain on leave pending the conclusion of the internal affair investigation. Broward Sheriff's spokesperson Jim Leljedal explained that the second phase of the investigation will determine if the employees had medical prescriptions justifying their steroid use. "If they don't have prescriptions, if they're not supposed to be taking steroids, and they are, then they would be in violation of our very strict drug policy," said Leljedal.

“[T]he use of steroids without a prescription and the use of masking agents is considered a violation of policy and applicable state and/or federal law," according to the applicable Broward Sheriff’s Office policy. BSO permits the use of anabolic steroids only when they are “administered to employees through a legitimate physician/patient relationship and prescription."

Jim Leljedal refused to explain why the BSO employees were suspected of steroid use. Leljedal addressed the question by stating that ''information was developed that they might be using steroids.”

The Broward-Palm Beach New Times reported that a BSO detective allegedly pursued the accusations against fellow employees in the Broward Sherriff’s Office. The suspicions of steroid use stemmed from surveillance of their involvement with the now-defunct Lifestyle Rejuvenation Center. If these allegations turn out to be true, it will not be the first time that the Broward Sheriff’s Office has been implicated in a longevity clinic and compounding pharmacy scandal.

In 2005, eight Broward sheriff's deputies were investigated after the U.S. Attorney's Office in Miami discovered their names in the customer/patient records seized from PowerMedica, a now-defunct Deerfield Beach compounding pharmacy. Federal prosecutors turned over the names of steroid users to the Broward Sheriff's Office for further investigation.

The PowerMedica patient records contained the names of hundreds, if not thousands, of patients who were prescribed steroids. However, law enforcement employees were the only individual users, aside from famous athletes and entertainers, who were targeted. All eight BSO employees were cleared of wrongdoing in the 2005 case because they had prescriptions for steroids.

The 2009 case appears very similar with BSO employees who were patients/customers of the Lifestyle Rejuvenation Center. If the remaining officers under investigation turn out to have prescriptions for steroids, the BSO is likely to exonerate them as well.

Once again, the BSO steroid scandal will provide an opportunity for the media and general public to express their moral disapproval of the use of steroids by cops, but will likely result in no disciplinary action and uncover no violation of the law by accused cops.

Sources

“Nine cleared in Broward Sheriff's Office steroid case,” April 1, 2009

“Broward Sheriff Sergeant Turns in Fellow Officers in Lifestyle Rejuvenation Center Steroid Scandal,” April 1, 2009

“A former cop tells how he and a fellow officer took steroids,” March 31, 2009

“Plantation's Police Chief Breaks Records Laws to Cover for Cops on Steroids,” March 24, 2009

“Nine BSO Workers Cleared In Steroid Investigation,” March 17, 2009

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com

Cena Thinks Athletes Who Use Anabolic Steroids Should Go to Jail

John Cena, the WWE superstar and actor, has repeatedly denied using anabolic steroids while performing in an industry plagued by steroid use and prescription painkiller abuse. Cena is employed by the World Wrestling Entertainment (WWE) which has endured its share of steroid-related controversy including a recent Congressional investigation into steroid use in professional wrestling. Rep. Henry Waxman concluded that the use of steroids in pro wrestling was widespread. Cena has been very vocal in his opposition to steroid use much to the chagrin of management and colleagues at the steroid-tainted WWE. Cena has only become increasingly outspoken in his anti-steroid rants for interviews promoting his new action movie “12 Round”.

“I’m not only a guy who will say I’m clean, but I’ll beat my chest to the world that I’m clean,” Cena responded to allegations of steroid use. Cena attributes his muscular physique to superior genetics and hard work. "Train with me for just a week, and you'll see that I'm the guy who drives 250 miles between shows but will be at the gym tomorrow at 10 a.m. when most people are still sleeping in," proclaimed Cena in an interview with Men’s Fitness magazine. "I'm the guy who'll fly to Australia, find a gym, fly back, and the first thing I do off the plane is work out, before I even shower or eat. I've made a living out of working hard."

John Cena has expressed support for the criminalization of the non-medical use of anabolic steroid by athletes. Cena has advocated the incarceration of athletes found to be using anabolic steroids or other performance enhancing drugs. “[T]hey should send the guys to jail,” said Cena in response to a question about MLB player Alex Rodriguez and baseball’s anti-doping efforts. Cena elaborated on this belief in an interview with the New York Daily News.

“[Steroids] are the personal choice of the athlete,” says the WWE wrestler, currently starring in the film “12 Rounds.” And [Rodriguez] got defensive, saying he used because he felt he needed to. If there was a set of [legal] stipulations set in place, he may never have even considered it.

“The government should take the initiative, and if you get caught using drugs, then you should go to jail. A criminal record will hurt your endorsements and long-term contracts.”

John Cena believes the decision to use anabolic steroids is a personal choice for athletes. But he also believes a paternalistic government should have a role in making that choice Athletes who make the “wrong” choice should be subjected to criminal punishment by Big Brother.

John Cena admitted in an interview with New York’s sports radio WFAN that his pro wrestling colleagues and WWE corporate were unhappy without his decidedly anti-steroid statements. This comes as no surprise after government investigators targeted WWE CEO Vince McMahon during a contentious interview regarding steroids in the WWE. “Of course there is! I get kickback from corporate. I get kickback from my co-workers,” told WFAN’s Boomer Esiason and Craig Carton. “But the bottom line is if America is on a campaign, to quote unquote, clean this thing up, let’s start getting the word out and let’s start doing something about it. Let’s not just let these guys pinched and go forward. Honestly if you’re not Alex Rodriguez, or if you’re not Tejada or Barry Bonds. And these guys get caught for substance abuse, it really ends up as as a scroller on the ESPN ticker. There really is no penalty.”

Just saying no to steroids is admittedly an easy choice for John Cena. Cena acknowledged that he is a genetic aberration in terms of his athletic performance and ability to build an extremely muscular physique. He nonetheless feels he represents proof that athletes can achieve success without steroids. "It's actually very easy (to say no). I've always been genetically gifted," according to Cena. "In this day in age, I pride myself as being one of those guys who's stronger in the weight room and stronger in the ring."

Of course, genetic ability is not a personal choice. John Cena’s celebrates his superior genetics while condemning individuals for making the personal choice to use anabolic steroids to overcome their genetic shortcomings; this may come across as self-righteous to many. Still, others may admire Cena’s courage to speak out against steroids while continuing to work in the pro wrestling industry where steroid use, by most accounts, remains rampant.

Sources

“Backstage Heat On John Cena For Anti-Steroid Comments,” April 1, 2009

“John Cena Interview on WFAN Boomer & Carton,” March 26, 2009

“Smack steroid user Alex Rodriguez in jail, says WWE star John Cena,” March 25, 2009

“John Cena discusses steroids and post-WWE aspirations in Men's Fitness interview,” March 16, 2009

“Government Targets Vince McMahon in Steroids and Profesional Wrestling Witch-Hunt,” January 6, 2009

By Millard Baker

http://www.millardbaker.com

www.SteroidsRx.com