The Legendary Pro Boxer Versus the Illegal Purveyor of Anabolic Steroids
Sugar Shane Mosley dominated Antonio Margarito from start to finish in an impressive knockout of heavily favored boxing champion to win the WBA welterweight title on January 24, 2009. The boxing bout was witnessed by the largest crowd ever to witness a sporting event at the Staples Center in Los Angeles. The record crowd of 20,820 included Kobe Bryant, Mark Wahlberg, Bernard Hopkins, Oscar De La Hoya and numerous other Southern California celebrities. California governor Arnold Schwarzenegger, criticized for his own history of steroid use, decided to skip the steroid-fueled Iron Man Pro bodybuilding contest promoted by his friend John Balik next door at the Los Angeles Convention to watch Shane Mosley take on Antonio Margarito.
The sweet victory for Sugar Shane Mosley is a small step towards redemption after allegations linked Mosley to anabolic steroids and other performance enhancing drugs obtained from Bay Area Laboratory Co-Operative (BALCO) prior to defeating Oscar de la Hoya for the WBC/WBA super welterweight title on September 13, 2003. A steroid-free Mosley actually stepped up his performance after being linked to doping unlike other top BALCO athletes like Barry Bonds and Marion Jones, whose performances precipitously deteriorated after the BALCO scandal implicated them.
Shane Mosley was first publicly linked to steroid use on September 28, 2007 in a Sports Illustrated story by A.J. Perez that outlined three illegal performance-enhancing drugs used by Shane Mosley. They were the “Clear” (tetrahydrogestrinone or THG), “the Cream” (a topical testosterone and epitesterone blend), and Epogen (erythropoietin or EPO). The source for the story has not been identified. After the story appeared, Mosely admitted using performance enhancing drugs “unknowingly.”
Victor Conte revisited the allegations against Shane Mosley during a publicity campaign for his new book “BALCO: The Straight Dope on Barry Bonds, Marion Jones and What We Can Do To Save Sports.” Conte alleged that Shane Mosley “knew precisely what [he was] using” and that the fact that the drugs were prohibited performance enhancing drugs “was all explained up front and there was no deception.”
Mosley was quick to refute Conte’s claims that he knowingly used illegal and/or banned substances. Shane Mosley filed a defamation, slander and libel lawsuit against Victor Conte in U.S. District Court in San Francisco on April 2, 2008. Shane Mosley and his attorneys identified this legal bout as one between “a legendary professional boxer” and “a convicted felon and purveyor of illegal performance enhancing drugs.” The lawsuit accuses Conte of “besmirching Mosley’s good name,” “subjecting Mosley to cruel and unjust hardship,” and exposing Mosley “to hatred, contempt, ridicule, or obloquy.” Mosley also filed an injunction against the publication of Victor Conte’s book claiming it would “irreparably harm” him.
Unfortunately for Shane Mosley, recent revelations have severely compromised his credibility with regard to his knowledge of performance enhancing drugs provided by BALCO.
In May 2008, Mosley’s former trainer and conditioning coach, Darryl Hudson, supported Victor Conte’s allegations against Mosley. Darryl Hudson was one of the four people in the room, along with Conte, Mosley and BALCO vice president James Valente, during the initial July 2003 visit to BALCO labs. Hudson corroborated Conte’s account a meeting on July 26, 2003 where the benefits of three illegal were outlined for Shane Mosley. "I know that Mr. Mosley was aware that the performance-enhancing drugs provided to him by Mr. Conte were banned drugs because I discussed that fact with Mr. Mosley both during and after our visit to BALCO," according to Hudson. Mosley’s defamation suit identified Hudson as being present during this meeting. Both Conte and Hudson have stated that Mosley was fully aware of the illegal and banned nature of the BALCO products.
In August 2008, Shane Mosley voluntarily withdrew the federal defamation and lawsuit against Victor Conte rather than address anti-SLAPP (Strategic Lawsuit Against Public Participation) charges filed by Conte. Mosley immediately re-filed an “instant complaint” in the Supreme Court of the State of New York even though neither party claims to be a resident of New York.
In December 2008, U.S. District Court Judge Susan Illston unsealed the grand jury testimony from the BALCO investigation. Transcripts of Shane Mosley testimony were publicly released. Shane Mosley admitted to using BALCO products under oath and never attempted to characterize the drugs as legal substances. In most circumstances, grand jury testimony remains secret forever guaranteeing that witness testimony would never be made public. Shane Mosley’s defamation lawsuit was most likely filed with the expectation that his testimony would never be made public.
Also in December 2008, World Boxing Council (WBC) initiated an investigation into allegations of performance enhancing drug use by Shane Mosley after his admissions were made public with the unsealed grand jury testimony.
On December 22, 2008, Victor Conte countered Shane Mosley’s lawsuit in the New York Supreme Court in defense against claims of defamation. “Conte’s statements were true, constituted assertions of opinion and not fact, were made without actual malice and were privileged,” according to court documents. Conte sought to dismiss the defamation charge alleging that Mosley, as a “wealthy” individual, is seeking to suppress the truth through a series of expensive lawsuits.
Victor Conte characterized Shane Mosley defense against allegations of illegal steroid use as comparable to the strategy used by Marion Jones. “Thus far, that tactic has resulted in sending Marion Jones to prison and others to the Hall of Infamy,” the court memorandum states. “And Mosley's adherence to this strategy should reap equally ignominious results.”
Sugar Shane Mosley is currently enjoying the sweet success that accompanies victory in a major boxing upset. But society enjoys nothing more than to create a superstar athlete only to delight in the eventual destruction of their athletic deity. The outcome of his legal case and the WBC investigation could sadly give the Shane Mosley haters their wish.
By Millard Baker
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