After corresponding with sources involved in the Tammy Thomas doping trial and reading reports from the trial, I am convinced that the likelihood of an acquittal is very high. The government’s case against cyclist Tammy Thomas for perjury is surprisingly weak. The government’s case is largely based on the assertion that Tammy Thomas ingested “anabolic steroids” and/or “controlled substances” and/or “banned substances” obtained from chemist Patrick Arnold and she lied about it.
The inconvenient fact is that tetrahydrogestrinone (THG) and norbolethone were NOT legally classified as “anabolic steroids” until the Anabolic Steroid Control Act of 2004 was passed; Norbolethone and THG were two of the 26 compounds added to the Controlled Substances Act with this legislation. Consequently, THG and norbolethone were NOT controlled substances until the passage of the legislation. Furthermore, THG and norbolethone were not on the WADA/IOC banned substances list at the time.
So, it appears that Tammy Thomas was, literally and legally, telling the truth in her statements.
THG and norbolethone were not anabolic steroids at the time.
THG and norbolethone were not controlled substances at the time.
THG and norbolethone were not of the banned substances list at the time.
In addition, Thomas purchased THG and norbolethone from a prominent “supplement manufacturer” (Pat Arnold develops supplements for the popular sports supplement company Ergopharm). Most people generally believe they are buying supplements when they buy products from a dietary supplement manufacturer.
There is no shortage of reasonable doubt. I am surprised the government would ever bring such a weak perjury case to federal court; it shows their obsession with targeting high profile elite athletes who have allegedly used anabolic steroids. At the very least the government could have found a case where anabolic steroids (by legal definition) were involved and not just “unapproved new drug(s)!”
I’m wondering if the government will file perjury charges against IRS Special Agent Jeff Novitsky since he is apparently falsely asserting that THG and norbolethone were anabolic steroids, controlled substances and banned substances!
He also said he wanted to call athletes because only if they’d known they were receiving steroids (i.e. controlled substances) would there be a money laundering charge, giving the IRS a reason to be involved.
If Tammy Thomas is acquitted, how will this affect the Barry Bonds case? Regardless of the outcome, many observers feel the case will help Barry Bonds’ attorneys.
Jeff Novitzky, an Internal Revenue Service special agent and a lead steroids investigator, is expected to play a starring government role in both trials. His appearance at Thomas’ trial could give Bonds’ legal team an idea of how to question him.
“The outcome of the Thomas case will inform their decision on whether they should go to trial or not,” University of Richmond law professor Carl Tobias said. “It’s a good road map.”
Maybe an acquittal will finally result in the general public’s disgust with the government’s steroid witch hunt?
About the author
Millard writes about anabolic steroids and performance enhancing drugs and their use and impact in sport and society. He discusses the medical and non-medical uses of anabolic-androgenic steroids while advocating a harm reduction approach to steroid education.
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