Congress won't charge Palmeiro with perjury

Updated: November 11, 2005, 7:53 PM ET
ESPN.com news services

Baseball star Rafael Palmeiro will not be prosecuted on perjury charges after lawmakers said Thursday there isn't enough evidence to prove he lied when he told Congress under oath that he had "never used steroids" -- six weeks before failing a steroid test.

Palmeiro Timeline
Feb. 14: Jose Canseco accuses players, including Rafael Palmeiro, of steroid use in his autobiography, "Juiced: Wild Times, Rampant 'Roids, Smash Hits, and How Baseball Got Big."
March 17: Palmeiro, Canseco, Mark McGwire, Sammy Sosa and others testify under oath during a House Government Reform Committee hearing on steroids. Palmeiro tells lawmakers: "I have never used steroids. Period."
April: Palmeiro takes a shot of vitamin B-12, given to him by a teammate. Orioles shortstop Miguel Tejada later acknowledges he was the teammate.
May 3-4: Palmeiro takes a Major League Baseball drug test; his sample is tested.
May 19: Palmeiro is informed his test was positive for the anabolic steroid stanozolol.
May 27: Palmeiro takes a second test -- not administered by Major League Baseball -- which is negative for steroids.
June 12: Major League Baseball tells Palmeiro he'll be suspended; he asks the players' association to file a grievance.
June 16: At an arbitration panel hearing, Palmeiro says he never knowingly took steroids. He offers a possible explanation for the failed test, saying a teammate gave him a vitamin B-12 shot. The vial was thrown away and never tested.
July 15: Palmeiro collects his 3,000th career hit, a double in the fifth inning of Baltimore's 6-3 victory at Seattle. He becomes the fourth player in major league history with 3,000 hits and 500 home runs.
Aug. 1: After Shyam Das, baseball's independent arbitrator, denies the grievance, Palmeiro is suspended for 10 days.
Aug. 2: In a telephone conversation with House Government Reform Committee Chairman Tom Davis, R-Va., Palmeiro agrees to allow Major League Baseball to give Congress documents related to his steroid tests.
Aug. 3: Davis says his committee will investigate whether Palmeiro committed perjury during the March 17 hearing.
Aug. 11: Palmeiro returns to the Orioles after serving his suspension.
Sept. 5: With two hits in 26 at-bats since the suspension, and hearing boos at home and road games, Palmeiro is sent home to Texas by the Orioles to rehabilitate injuries to his right knee and left ankle.
Sept. 23: The Orioles tell Palmeiro not to return to the team.
Oct. 28: Palmeiro becomes a free agent.
Wednesday: Davis' committee says it will release its report on the Palmeiro case on Thursday. About two hours later, Palmeiro's lawyers release a statement in which he takes responsibility for his failed test and offers the explanation of a tainted B-12 shot for the first time publicly.
Thursday: Davis' committee issues its report, which concludes there isn't enough evidence to pursue perjury charges. "We couldn't find any evidence of steroid use prior to his testimony," Davis says. "That's not a finding of innocence, but it's a finding that we could not substantiate perjury."
The investigation did not conclude whether the former Baltimore Orioles slugger had actually ever used performance-enhancing substances prior to his testimony before the House Government Reform Committee.

"We couldn't find any evidence of steroid use prior to his testimony," Chairman Tom Davis, R-Va., said in releasing a 44-page report. "That's not a finding of innocence, but it's a finding that we could not substantiate perjury."

At issue was Palmeiro's statement at a March 17 hearing: "I have never used steroids. Period." On May 4, he failed a Major League Baseball drug test, coming up positive for an anabolic steroid. In August, shortly after baseball suspended Palmeiro for 10 days, Davis said Congress would look into whether the player committed perjury.

"We have a responsibility, an obligation, to investigate it, and that's what we've done," Davis said during a news conference in the same hearing room where Palmeiro had testified.

Davis said the steroid for which Palmeiro tested positive is detectable for three to four weeks, shorter than the gap between his failed test and Capitol Hill appearance, and therefore "could not have been in his system the day he testified."

"We were not concerned with why he tested positive or how he tested positive except for how that related to his testimony," Davis added.

Shortly after the report's release, Palmeiro issued a statement.

"I am pleased that after a thorough investigation -- one in which I cooperated fully -- the committee has chosen to drop this matter," he said. "I want to express my gratitude to the committee for the fairness and professionalism with which they conducted their business. I have never intentionally taken steroids and I strongly oppose the illegal use of steroids by athletes or anyone else."

Palmeiro issued his first detailed public comments on the case Wednesday, including a possible explanation for why he might have failed the steroid test: a tainted vial of liquid B-12 given to him by a teammate. Orioles shortstop Miguel Tejada later acknowledged he was the teammate.

The report is based on interviews with Palmeiro; his wife; Tejada and other players; an Orioles physician and trainer; and documents turned over by baseball related to Palmeiro's drug tests and the arbitration hearing about his suspension.

Among the findings:

•  Palmeiro took a polygraph test June 13 ahead of his arbitration hearing but was never asked whether he took steroids. Asked by committee staff why that wasn't raised, Palmeiro said: "I'm not sure. I did not set it up."

•  When Palmeiro was initially told he failed a steroid test, he was asked by the players' union if there was a substance he might have taken by accident. Palmeiro didn't mention the B-12.

•  Palmeiro said his wife, Lynn, injected him with the B-12, explaining she knew how to use a syringe because she gave the family dogs allergy shots.

•  Questioned by committee staff about whether he believed the vitamin shot caused the positive test result, Palmeiro said: "Now, I may be wrong. It could be something else. But if I have to guess, if I have to pinpoint something, that is the logical thing."

•  Two other current Orioles, identified in the report as Player A and Player B, were also given B-12 by Tejada. "The committee did find substantial inconsistencies between Mr. Tejada's account and the accounts of Players A and B," Davis said. "While these inconsistencies were curious to us, we did not pursue them."

According to the Baltimore Sun, the report also detailed the Orioles' "syringe-infested clubhouse culture," in which numerous players not only took injectable B-12 but also amphetamines, or "greenies." The report also said that, on at least one occasion, two players went unsupervised for several hours after being informed of a random drug test.

Palmeiro is one of four players in baseball history with 500 homers and 3,000 hits. The timing of his positive test meant Palmeiro knew he faced a suspension as he approached the hit milestone last summer.

His case has been cited as one of the reasons lawmakers have continued to pursue legislation to require tougher rules for steroid testing and harsher penalties for positive tests in baseball and other major professional sports leagues.

A Senate bill sponsored by Sens. Jim Bunning, R-Ky., and John McCain, R-Ariz., is pending, and three bills have been introduced in the House, including one by Davis. He predicted passage in the Senate and House this year.

The Bunning-McCain legislation was put on hold by an unidentified senator this week, but Bunning expects it to move forward to a vote soon. It calls for a half-season suspension for a first steroid offense, a full season for a second and a lifetime ban for a third.

"We're making progress on resolving the concerns of a few senators," Bunning, a member of baseball's Hall of Fame, said in a statement his spokesman e-mailed to The Associated Press.

"They are eager to resolve this quickly and not be seen as the protectors of athletes taking steroids that cheat the fans and most importantly and above all else harm our children. Because in the end, this is really all about protecting our kids who look up to these players as role models and try to emulate them," he said.

According to Palmeiro's lawyers, he tested negative for steroids in 2003 and 2004; after he was informed he failed a test in May, he took a second test that month on his own -- not monitored by baseball -- which was negative.

Palmeiro, 41, had just two hits in 26 at-bats after returning from his suspension and was booed by spectators at Baltimore and on the road. He was sent home to Texas to rehabilitate injuries; the Orioles eventually told him not to return to the team.

Information from The Associated Press was used in this report.

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