Hearsay and Steroid Use in Baseball

The Mitchell Report has received its fair share of commentary including my own criticisms of the report. But many are erroneously describing much of its content as hearsay, especially the “outing” on anabolic steroid users in baseball by federal informants, Kirk Radomski and Brian McNamee. For example…

Scott Boras, prominent sports agent for many pro baseball players:

It is based largely on hearsay evidence, and because of that it must be reviewed with great scrutiny

Roger Abrams, Professor of Law at Northeastern University School of Law:

The Mitchell Report has served the American public a platter filled with hearsay and innuendo that tarnishes the reputation of dozens of America’s finest athletes and the sport they play for our entertainment

Peter Lattman, lead writer for Wall Street Journal Law Blog:

Well now, the names of 89 baseballers are forever besmirched, courtesy of an extra-judicial investigation which relied on hearsay evidence (e.g., unsworn testimony of clubhouse staffers).

Unfortunately, they are incorrect with inappropriate use of the legal term “hearsay.” The testimony by Radomski and McNamee is not hearsay; it is valid evidence. Jeffrey Standen, Willamette University Professor of Law explains:

When a player asks a trainer to order him some steroids, the player’s statement is not hearsay. (It is a party admission specifically exempted from the definition of hearsay.) When a player writes a check for steroid purchases, the cleared check is not hearsay (it’s a business record, assuming a foundation could be laid, which would be easy.) When a trainer states he supplied or injected a player with drugs, it’s not hearsay (the statement is that of a co-conspirator, and thus is exempted from the definition of hearsay).

Jeffrey Lipshaw, associate professor at Suffolk University Law School, also offers a nice primer on hearsay evidence.

About the author

Millard

MESO-Rx | Website

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.