December 14, 2007

Foul Ball!

A report claims some of baseball's top stars used illegal performance-enhancing drugs

By Nellie Gonzalez Cutler

Major League Baseball took a huge hit on December 13. A 409-page report named close to 90 of the game's top players, saying they had used illegal drugs, including steroids and human growth hormone (HGH), to gain an advantage on the playing field. Seven-time Cy Young Award winner Roger Clemens was at the top of the roster of those accused. But the list included many other all-stars, including Barry Bonds, David Justice, Gary Sheffield and Andy Pettitte.

RICH PILLING—MLB PHOTOS/GETTY IMAGES At a press conference, George Mitchell presents his findings about baseball’s drug problem.

Clemens's attorney, Rusty Hardin, vehemently denied the accusations. "Roger has been repeatedly tested for these substances and he has never tested positive," he said. "There has never been one shred of tangible evidence that he ever used these substances and yet he is being slandered."

George J. Mitchell, the man who led the 21-month-long investigation, is a former Democratic senator from Maine. He served as the senate majority leader from 1989 to 1995. In 1998, he helped broker a deal that brought peace to Northern Ireland. Mitchell, a respected lawyer, is also a director of the Boston Red Sox. Some people have wondered whether that presented a conflict of interests. "Judge me by my work," he said at a press conference on Thursday. "You will not find any evidence of bias or special treatment of the Red Sox or anyone else."

Playing Hardball

What punishment will the players get? Using steroids without a prescription is a criminal act. But Mitchell was acting on behalf of Major League Baseball and not law enforcement agencies. Baseball can fine and suspend suspected players. Whether the government goes after the players and charges them with a crime is another matter.

Baseball may find it difficult to hand out appropriate punishment. Through the years, the national pastime has had three different drug policies and penalties for drug use. In fact, baseball didn't ban steroids until after 1991 and HGH wasn't banned until 2005.

The different rules may be one reason why Mitchell urged baseball not to discipline players for past violations "except in those cases where... the conduct is so serious that discipline is necessary to maintain the integrity of the game."

Still, baseball commissioner Bud Selig has not ruled out the possibility of penalties. "Punishment will be determined on a case-by-case basis," he said. "I will take action when I believe it is appropriate."

The Players' Side

Much of the information in the report came from Brian McNamee, a former major league conditioning coach, and Kirk Radomski, a former New York Mets clubhouse attendant. Last April, Radomski pleaded guilty to illegally selling steroids. The trainers and players who spoke to Mitchell's investigators did not testify under oath.

Players who feel they have been wrongly accused could sue baseball. But that would open them up to a legal inquiry and could further hurt their careers. "Many players are named," said players union chief Donald Fehr. "Their reputations have been adversely affected, probably forever, even if it turns out down the road that they should not have been."

The End of the Steroids Era

Mitchell acknowledged that baseball's drug problem has existed for many years and many are to blame. "Everyone involved in baseball over the past two decades--commissioners, club officials, the players' association and players--shares to some extent the responsibility for the Steroids Era," he said. "There was a collective failure to recognize the problem and to deal with it early on."

The report offered 20 recommendations to clean up the game, including year-round drug testing and an improved anti-drug education program. Commissioner Selig promised he would take action quickly.

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