Lee Davis
LaShawn Merritt, the 25-year-old Olympic athlete once barred from competing due to an accidental doping scandal has now resurfaced, stronger, faster and wiser than ever. As Merritt gears up to compete in the 2012 London Games the New York Times profiled him and discussed what he learned after reflecting back on his embarrassing episode.
What makes Merritt’s story different than that of other athletes caught up in similar scandals is that Merritt had a credible excuse. The whole thing had been an honest, albeit stupid, mistake and he had convincing proof of his stupidity. Three times between October of 2009 and January of 2010 Merritt tested positive for steroid derivatives called DHEA and pregnenolone.
While there’s no dispute that Merritt consumed the substances, the difference was his intent. The drugs were not taken to boost his athletic performance; instead they were taken for his skills in the bedroom. The drugs were components of the male-enhancement product called ExtenZe which Merritt purchased over the counter at a 7-Eleven.
Months after receiving a surprise test Merritt got word there was a problem. He had tested positive three times for banned substances. His blood was found to have banned testosterone precursors, or prohormones, that assist in muscle-building. Merritt was shocked. He claimed he had no idea of how any banned substance could’ve gotten into his blood. He initially suspected a skin cream used to treat acne. He alerted officials who tested the cream but discovered it was negative.
Then Merritt realized what it must be. The culprit was likely the male-enhancement pills he had purchased on occasion from his local 7-Eleven. He bought another pack and discovered the substances clearly listed.
Thankfully he had support in the form of the 7-Eleven clerk who had sold him the ExtenZe. Though she had no idea of who Merritt was, she did remember his buying habits. In her testimony, the clerk recalled being amused by Merritt’s routine. Each visit would start with purchasing juice and a lottery ticket and conclude when Merritt returned to the store later to buy condoms and the male-enhancement pills. This was repeated four or five times between December 2009 and January 2010.
The clerk’s testimony helped Merritt immensely. The American Arbitration Association wrote in its report on the case that they were “confident that enhancing his sports performance was the last thing on Mr. Merritt’s mind when he purchased ExtenZe.”
The fact that this was unintentional did not matter much, especially early on. Olympic athletes are ultimately responsible for what they put in their bodies, no matter how or why it got there. Elite athletes are thus strictly liable for any positive drug tests. In recent years, anti-doping officials have started to differentiate between those who are deliberately cheating and those who were simply careless. This often happens regarding poorly labeled nutritional supplements.
The chief executive of the U.S. Anti-Doping Agency, Travis Tygart, said that, “We’re here to stop those who are intentionally cheating.” Tygart added that “you have to appreciate that there are rare times when athletes bring forward convincing proof that it was not intentional. The rules are flexible enough to take that into consideration.”
In Merritt’s case the rules were flexible. Rather than being suspended for 24 months, the maximum penalty for first offenders in steroid cases, Merritt was barred from competition for 21 months, ending this past July. Though this may not seem like a big difference, the timing allowed Merritt to qualify for and compete in the 2011 world track and field competition in South Korea, the dress rehearsal for the 2012 Olympics in London.
Just this October Merritt cleared another major hurdle. The Court of Arbitration for Sport, located in Switzerland, nullified a controversial rule established by the International Olympic Committee. The rule prohibited previously banned athletes from competing in the next Olympics even if they had completed their suspensions. The Court of Arbitration for Sport decided that the IOC rule was essentially punishing violators twice.
Now that Merritt has been deemed eligible to compete in the London Games he has his sight set on becoming only the second man to repeat as Olympic champion in the 400 meters.
Michael Johnson (USA) twice won gold in the 400 meters, Atlanta 1996 and Sydney 2000.
Source: Sprinter Leaves Humiliation Behind, by Jeré Longman, published at NYTimes.com.
(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)