Shortly after IFBB Pro Bodybuilder Victor Martinez won the 2007 Arnold Classic, Albany County District Attorney David Soare’s office publicly named Victor Martinez as an unindicted co-conspirator in the Signature Pharmacy and longevity clinic anabolic steroid scandal. Clearly, the intent and timing of the announcement represented a calculated grandstanding opportunity for David Soares to tarnish Governor Arnold Schwazenegger’s association with professional bodybuilding.
But over a year later, the Office of the Albany County District Attorney continues to prominently display Victor Martinez’ name and picture on its website in a diagram of Operation Which Doctor. He is listed with 23 other individuals directly involved in the Signature Pharmacy and longevity clinic steroid scandals. However, I believe Victor is the only individual listed who has not been indicted. But no where is he identified as an “unindicted co-conspirator” allowing visitors to make their own uninformed assumptions.
The practice of naming unindicted co-conspirators is frowned upon by many in the legal community although it is legally permitted (“Assessing the Due Process Rights of Unindicted Co-Conspirators“).
Although a criminal defendant is presumed innocent until proven guilty and has a Sixth Amendment right to a speedy trial, these procedural protections do little to shield an individual who is identified as an unindicted co-conspirator. Because trials focus on the guilt or innocence of the indicted defendants, the practice of naming an individual as an unindicted co-conspirator in effect accuses the person of a crime without providing him or her with a forum for seeking vindication.Thus, the practice routinely results in injury to their reputations, lost employment opportunities,and a practical inability to run for public office…
[I]t is clear that publicly naming individuals as unindicted co-conspirators in a grand jury indictment violates their due process rights…
Consequently, unindicted co-conspirators are labeled as criminals — regardless of whether the defendants themselves are found guilty — because the trial does not focus, and is not designed to focus, on evidence presented against them.
Not only was bodybuilder Victor Martinez publicly named by prosecutor David Soares, but his name and photograph have been prominently featured on the government website at the heart of the investigation for over a year! This is particularly unfair to Victor Martinez.
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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