Guilty By Association; Innocent By Facts

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It’s a strange world we live in when the person who was rummaging through the garbage on his own time and by his own volition is on the side of “right” and the people who were technically doing “wrong” end up in jail and automatically vilified for the rest of their lives as a toxic name not to be associated with under any circumstances.

But that’s where we are.

The BALCO investigation began when an IRS investigator Jeff Novitzky received a tip that the lab was providing illegal drugs to its athletes and, under his own initiative, poked around the trash of BALCO and found evidence to begin building a case to stop what was essentially a victimless crime that few wanted solved.

Novitzky was the vigilante on an inexplicable crusade.

You can read the sequence of events here.

Because he was seen as a “dealer” who tried to circumvent the law and rules of the sports in which his clients competed, Victor Conte has become that vilified and toxic name.

Of course it’s not that simple.

Once the government got the ball rolling on that case it had to get a conviction to justify what one of their employees—Novitzky—was doing; it was in the media, people knew about it, purists were complaining about the shattered records and ludicrous muscular development and everyone jumped in to get their piece of the action.

But it was all after the fact. The complaints from people inside and outside of sports during the BALCO era were completely ignored for personal and institutional gain.

It’s not unlike the Roger Clemens and Barry Bonds trials that ended with no significant penalties assessed to the two aside from the destruction of their reputations, ruining of their career accomplishments and draining of their finances.

Marlon Byrd failed a test for performance enhancing drugs and was suspended for 50 games. Byrd worked with Conte. Therefore, the simplistic logic goes, it was Conte who gave Byrd the drug.

Byrd claims that the drug he took was unrelated to baseball; that it was a private matter for a medical condition and wasn’t used to enhance his performance. Byrd’s performance validates this claim. He was released by the Red Sox following a disastrous tenure. His production has taken a dive since last season and also resulted in the Cubs dumping him on the Red Sox.

Conte has been the one person whose answers to the questions of his complicity in the case have been consistent and believable. That he was doing something that’s considered against the law and rules of competition is based on a floating set of principles that aren’t inherent, but are created and stem from the judgment of others as to right and wrong. Conte was providing a service to his athletes by helping them improve their performance. Legalities notwithstanding, it wasn’t his problem that the scheduling of X drug made it a violation to use while Y drug was okay; that the heads of baseball and other sports looked the other way as a convenience to themselves.

It’s a capricious set of “rules” that were being “broken”.

Attacked because he tries to cut through the fog of athletics and the sanctimonious pretentions by the heads of the sports whose rules he supposedly violated, a misplaced connection between Conte and Byrd was presented as proof of guilt.

Conte’s main crime now appears to be telling the truth about PEDs and how prevalent they still are; that he accurately says if enforcement and eradication were really the goals, more would be done to improve the tests and procedures.

Factually, it doesn’t appear that Byrd got caught using something Conte had given him.

But that doesn’t matter.

It’s a splashy and attention-getting headline to say, “Marlon Byrd Busted With PEDS; Once Worked With Victor Conte”.

Facts are irrelevant when they would preclude the headline and the story detailing their conspiracy especially when there was no conspiracy at all.

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