Saved by a shitty lawyer
November 27, 2013 § 168 Comments
Rich Meeker is one lucky dude, and if you want to know why, you can:
a) Read the 31-page arbitration decision imposing a 2-year ban or,
b) Read what follows, which might not be quite as dry.
To get things started off, let me just say that Rich Meeker, who has always been really nice to me, is a living, breathing example of everything that is wrong with Old Fuck Racing. This arbitration decision proves it.
Just the fucks, ma’am
Here’s what happened, in a nutshell. Beaker Meeker doped, and never contested that he doped. Never. Not once. Get that? RICHARD MEEKER IS A DOPER AND HE ADMITTED IT FROM THE OUTSET.
What also happened is that Beaker Meeker, a 9-time national champion, had never been tested in more than 35 years of competitive racing, and the first time he had to peel back the foreskin the sorry bastard squirted ‘roid juice. Thirty-five years, nine titles, one test? Those are more than good odds, they’re evidence that USAC doesn’t give a pigfart about integrity in geezer racing as long as the race permits and officials’ fees keep rolling in.
But back to the Jersey Shore: the only thing at issue in the arbitration hearing was whether as a dopefuck dopefucker Beaker Meeker deserved a 2-year ban, a 4-year ban, less than a 2-year ban, or no ban at all. You may be tempted to think that his $100k defense (my estimate), his 14-month running battle with USADA, his testing of Hammer Nutrition products, and all the other shit was an attempt to prove that he didn’t dope.
Why? Because according to USAC, the UCI, USADA, WADA, and Hitchhiker’s Guide to the Universe, if you swallow it, snort it, rub it on your nuts, shoot it into your veins, smear it on your clitoris, or jam it up your asshole, and “it” is a banned substance, then you, sir, are a doper. Of course, if you’re a “sir” and you also rubbed it on your clitoris, you have bigger problems than a positive drug test.
So when Beaker Meeker climbed off his bike at the USAC Old Fucks Race in Bend, Oregon in 2012, found his microscopic penis and shrunken testicles with a pair of tweezers and peed into “the cup,” his cyborg urine was seething with dope. Every good run comes to an end, I suppose.
The doping positive was admitted by Beaker, and so the only question (legally posed) was this: Okay, fucktard, should we ban your sorry dopefuck ass for two years or four? Or less than two? Or none?
D-bags love “none”
Like so many dopefucks before him, Beaker Meeker lawyered up and took a sabbatical from bike racing. You know, because it’s just his hobby that he does in his spare time, a hobby he’s been doing for 35 years, a hobby in which he’s “earned” nine national titles, a hobby in which he has become part of the Old Fuck Racer sporting pantheon.
As he says in his douchefuckery of a press release, “Cycling is my hobby, not my career, and it would make no sense for me to use an illegal substance.” You should probably take that stinking lump of kerfluffle with a grain of salt the size of Dallas, since any Old Fuck racer who’s done 30 races in a season and claims to have been able to do anything more than drool on his keyboard at work is most likely a liar.
Beaker Meeker, of course, decided to fight. Not to fight the fact that he’s a dopefuck, but the fact that he deserves a 2-year ban. To properly understand the Beaker defense, you need only have an appreciation of Cheech & Chong. Like, dude, yeah, man, I had that shit in my piss and shit, but fuck, it got there on accident.
The Beaker Meeker defense
Rich and his $450/hour lawyer came up with a great defense. It was original. It was clever. It was the product of brilliant thinking that could only have been spawned by a bike racer and a lawyer. Here it was: THE EVIL TAINTED SUPPLEMENT MADE ME DO IT.
Yep, in a long line of shitfuckery that was most famously the plot in the Spanish novella, “Contador and the Mystery of the Tainted Meat,” Beaker Meeker decided that he’d beat the sanctions by showing that his Hammer Nutrition Endurolyte capsules were tainted. Never mind that cyclists like Kirk O’Bee, Neil Stephens, Scott Moninger, Amber Neben, Christophe Brandt, Aitor Gonzalez, and others had trotted out this lame excuse and been found guilty of doping — Meeker figured that he could win.
Beaker tried to pin the tail on Hammer Nutrition by sending off various of their supplements to a private testing lab in Tennessee. How he did it boggles the imagination, not because of its creativity, but because of its transparent lameness.
If at first you don’t succeed …
First, Beaker sent off a batch of Hammer Nutrition Endurolytes, Hammer Nutrition Anti-Fatigue Caps, and Standard Processing Drenamin for analysis. (Note to self: Standard Processing Drenamin? What the fuck is that?) Leaving aside for the moment that there was no chain of custody whatsoever, one of the Endurolyte bottles, which conveniently contained a variety of pills and “some loose powder” (not making this shit up, folks), miraculously had some steroids in it.
Unfortunately, the steroids in the bottle weren’t the ones that Beaker had tested positive for, so it was back to the evidence fabricating, er, drawing board. Undeterred, on December 3 he shipped off another batch of evil supplements, all of which tested negative for steroids. You can almost hear Beaker and Howie:
BM: “Fuck! When are we gonna get some positives? I ain’t paying Vinnie the Knife to spike that shit with Play-Doh!”
HJ: “Shit if I know! Let’s keep sending!”
On January 17, Beaker mailed off another shipping container of supplements. All tested negative for steroids, and more clumps of already scarce hair were ripped out in frustration. With time running short to prove he was framed, and copies of the Zapruder film not yielding any additional material for the lone nutrition supplement contaminator on the grassy knoll theory, Meeker sent off yet another batch of Hammer Nutrition supplements.
Bing-botta-bing! Incredibly, along with the supplement capsules, there was also some loose powder in the bottom of the bottle. More incredibly, the powder turned out to be (drum roll) one of the drugs that Beaker had been busted for, norandrostenediol. Before the celebrations could begin in earnest, however, it also appeared that the “loose powder” contained another banned drug, DHEA, which, unfortunately, Rich had not tested positive for.
The timing was problematic, as it seemed more than coincidental that the very last sample was the one that happened to be tainted with just the right ‘roid. Beaker Meeker explained it away thus: even though his lawyer had asked for all his supplements, he had only searched the containers in his kitchen, not his “race bag which he kept in his garage.”
I know what you’re thinking: “If my kid ever came up with an explanation that dumb I’d whip him once for saying it, and twice for not being smart enough to dream up a better lie.” You’re probably also thinking, “Yeah, when the lawyer asks for all the supplements, I never give him the stuff that was in my actual race bag that I took to the actual race containing the actual supplements I actually claim to have taken.” Right.
Even so, this presented a mess. How could Rich claim that he lapped up the tainted powder which was contaminated with the two banned drugs, but he only tested positive for one? Perhaps it was time for the “I used to have a forked tongue” theory?
Where there’s one problem, there are usually more
This wasn’t the only difficulty. None of the actual Hammer Nutrition capsules was tainted, only the loose powder, which I’m sure no one could have sprinkled into the can. Team Beaker had to explain ingestion of the tainted powder, when prior to the dope test he had testified that he only took the capsules. The solution? Claim that the powder was from broken capsules, and imply that the unbroken capsules he’d taken also had “tainted dust” on them when swallowed the pills. The chart was starting to look complicated.
But as with bad fiction everywhere, this led to more difficulties. If the capsules had broken, then where were the empty shells? The lab had only found powder in the bottom of the bottle. Compounding the problem, Rich testified that he had no memory of picking out the empty capsule shells. The arbitration panel found this big, hairy, 12-pound, blood-covered booger hard to swallow, because the quantity of powder meant that there would have been more than 30 empty shells from the broken capsules.
Facing a fictive narrative that would have given Gabriel Garcia Marquez migraines, Beaker had an explanation: he must have taken capsules that had the tainted powder in them. Yet this too ran into problems, because none of the other tested capsules was positive. Since Rich testified that he took about “37” capsules prior to the race, some number of which were tainted Hammer pills, he would have had to have magically selected only the tainted capsules, randomly, from the bottle, and then, somehow, 36 other tainted capsules (the approximate number of capsules that would have contained all the loose powder) magically exploded inside the bottle while the capsule shells vanished up a unicorn’s ass.
Leave alone for the moment that anyone with a brain, even a bike racer, would be suspicious about a bottle filled with loose powder and no broken capsule shells immediately prior to a national race in which victory would guarantee a drug test, there were even more amazing parts to this poorly cobbled together story.
To add more tomfoolery to an already ridiculous “legal” defense, Beaker’s own lab expert said she’d never seen a bottle with an admixture of various capsules and loose powder like the one they had been given to analyze.
Follow the math
Another big problem for Beaker Meeker was the fact that the doped up bottle was from 2008, and the race was in 2012. Hammer Nutrition Endurolytes contain 120 pills per bottle, and although Meeker claimed to only take them before road races, his testimony that he took four or five pills before nationals means that he would have blown through that supply in four years, easily .
Had the arbitrators asked him to demonstrate how he took all 37 horse pills before nationals, they could have put the lie to him then and there. The idea that you can swallow 37 of anything before a race is right up there with the forked tongue/vanishing twin theory.
The arbitrators were also curious as to the physiology behind the “disappearing DHEA,” i.e., how the norandroshoweverthefuckyousayit showed up in Beaker’s pee-pee, but the DHEA didn’t. Meeker’s “expert,” whose qualifications were vigorously challenged by USADA, couldn’t explain this curiosity either. Perhaps if they’d let the astrologer or the unicorn tamer testify, it would have all made sense.
Just waiting for Moe to nose tweak and eye-poke Larry
Team Beaker next argued that since USADA couldn’t explain how Meeker’s urine got contaminated, the arbitrators were obligated to accept his theory. This is like saying that if you can’t give a satisfactory explanation for the origins of the universe, then you have to accept that all 250,000 species of beetles (each named by Adam) and all 1 billion species of bacteria (also named by Adam) along with the dinosaurs, trees, grasses, fungi, and nematodes (named by Adam, too) were aboard Noah’s Ark.
By trying to force USADA to prove how Beaker Meeker had ingested the dope, the legal team of Tweedledum and Tweedledumbfuck sought to turn the whole evidentiary burden of proof on its head, which would have been a great precedent, relieving dopers of having to explain their vanishing twins and forcing USADA to reconstruct how they cheated. The arbitrators weren’t impressed, after pointing out that Team Beaker had omitted a crucial word in its citation of a prior case, they told him in legalese what anyone else would have said: “Shut the fuck up, doper.”
Then the arbitrators raked him over the coals. They pointed out that he had contradicted himself, claiming various numbers of pills that he had taken, and finally saying he couldn’t remember at all how many he took. He further botched the claims that his lawyer had carefully drafted in the calm of the office, when, under the heat of cross examination, he confessed to not knowing when or from whom he’d actually gotten the 2008 capsules.
And of course the arbitrators masticated, swallowed, and shit out his “loose powder” theory, as well as his expert’s theory about the “disappearing DHEA.” The arbitrators described dopefuck’s testimony as not “consistent, reliable, or complete,” which is short of calling someone a two-bit, lying sonofabitch. I’ll leave you to decide how short.
To emphasize the patent flimflammery of the whole defense, Meeker had the audacity to claim that in more than 30 years of competitive cycling he had never once read the “fine print” on the back of his annual license. Then he complained that neither USAC nor the UCI had ever given him any training about drug testing. A later appeal will likely blame his mom for all that premature potty training.
Saved by the shitty lawyer, though
Where Beaker Meeker got lucky was the part where the arbitrators rejected USADA’s demand for an aggravated sanction, which would have kept the doper out of the masters ranks (think keeping a pedophile out of the playground as an analogy) for four years instead of two. USADA’s claim was essentially that any idiot could see what had happened: Beaker Meeker had doctored up a bottle of capsules with tainted drugs, fabricated evidence, and sought to dupe the hearing officers into letting him off the hook.
All USADA’s lawyers had to do was show, through testimony or other evidence, that Beaker Meeker had engaged in deceptive or obstructing conduct to avoid the detection or adjudication of an anti-doping rule violation. But they failed to elicit any testimony or put on any evidence or retain any experts who could testify to the absurdity and/or impossibility of Meeker’s claim. The standard was tough, but they didn’t even try, and now Chester will be back at the races with a trench coat full of lollipops in September 2014.
What’s it all mean?
The above analysis is, of course, the kindest and most favorable reading of the arbitration proceeding. But what if, you know, they really were going easy on him? What if he deliberately doped up a can of pills, blamed Hammer Nutrition, and made up a complete cock-and-bull story in order to preserve his reputation as the pre-eminent Old Fuck Cyborg?
What if he defamed an innocent maker of unicorn powder and supplement fluffery and tried to sabotage a legitimate business just to save his ass? What if he was not only guilty of doping in 2012, but in every year for the last two decades?
Wouldn’t that make him, like, the biggest douchebag ever? And doesn’t it strike you as diseased that he could ever enter another race again? And doesn’t it make the silence of Amgen’s Breakaway from Cancer “masters” team and every one of its riders seem like the silence of witnesses to a grotesque killing?
I think the answers are “yes, yes, and yes.”
And maybe a “hell, yes” for good measure.