USADA presents at the ACS National Meeting about Doping in Sports

 

On March 23, 2015, Attorneys Justin J. McShane of The McShane Firm, LLC and Josh D. Lee of Ward, Lee and Coats moderated a symposium at the national American Chemical Society meeting in Denver, Colorado. The symposium concerned the chemistry and the law involved in Doping in Sports. Officials from the United States Anti-Doping Administration were present. The presentation was made within the Chemistry and the Law Division of the American Chemical Society.

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Attorney Josh D. Lee introduces the speakers at the USADA Anti-Doping Symposium at the ACS National meeting

 

Biographical Sketches of the Presenters

  • Rich Young is the Managing Partner of the Bryan Cave LLP office in Colorado Springs, Colorado. Over the last 20 years, he has participated as a prosecutor, defense counsel, arbitrator or adviser in hundreds of sport doping cases involving most of the Olympic sports. Mr. Young served as the principal draftsman of the World Anti-Doping Code and Code amendments, and has presented the Code at numerous international conferences on doping in sport. He has also assisted in drafting anti-doping rules for numerous International Federations, National Federations, National Olympic Committees and National Anti-Doping Organizations. Mr. Young serves as a legal advisor to the United States Anti-Doping Agency, the Australian Sports AntiDoping Authority, the PGA Tour, lronman, the NBA and other professional sports, as well as several International Federations. Mr. Young is a member of the ad hoc World Anti-Doping Agency Legal Committee and the Pan American Sports Organization Medical Commission. He has also been an arbitrator for the International Court of Arbitration for Sport, and served on its ad hoc panels for the Sydney and Nagano Olympic Games.
  • Dr. Larry Bowers is the Chief Science Officer of the U.S. Anti-Doping Agency. From 1992- 2000, Dr. Bowers was the Laboratory Director of the International Olympic Committee-accredited laboratory at Indiana University. Prior to his tenure at IU, he was a Professor of Laboratory Medicine and Pathology and an Adjunct Professor of Chemistry at the University of Minnesota for 17 years. He has published over 100 scientific articles and chapters on chromatography, mass spectrometry, steroid and peptide analysis, and anti-doping policy. He has received a number of awards, including the American Association for Clinical Chemistry Young Investigator award and the Franklin and Marshall College Distinguished Career award. In 2000, he joined the US Anti-Doping Agency as its third employee and has been responsible for developing most of its scientific policies and procedures over the last 15 years. Dr. Bowers has had the opportunity over the past decade to participate in many of the major milestones in anti-doping. He was the principal author of the WADA International Standard for Laboratories and many of its attendant Technical Documents in 2002. He participated in the BALCO legal action and has served as an expert witness in numerous legal cases over the last 20 years including the Barry Bonds trial. He also serves as the Chair of the Scientific Advisory Board of the Partnership for Clean Competition (PCC), a research-funding consortium of major U.S. sports organizations.
  • Bill Bock became General Counsel for USADA in September, 2007. Prior to becoming General Counsel Bill had served USADA as outside counsel for seven years. As USADA’s General Counsel, Bill has principal responsibility for the prosecution of U.S. athletes and coaches charged with doping offenses, investigations and other legal matters pertaining to USADA. In 2010 Bill became deeply involved in USADA’s investigation into doping in cycling and in the proceedings involving Lance Armstrong and team officials and doctors from the United States Postal Service (USPS) cycling team. Bill was named as a lawyer of the year in 2012 by Colorado Law Week and in 2013 was designated as a Distinguished Barrister by the Indiana Lawyer. He was selected as a 2014 honoree for the NASBA Center for Public Trust’s Being a Difference Award and was named a 2015 Super Lawyer in the State of Indiana.

 

Presentation Overviews

Dr. Bowers presented first. He presented a short historical overview of doping and anti-doping evolution over the period from 1900 to 2000 that lead to the formation of the World AntiDoping Agency (WADA) and the US Anti-Doping Agency (USADA). He briefly summarized the governance of international Olympic sport.

Mr. Young discussed the evolution of doping practices by athletes and the anti-doping rules and methods that have been put in place to detect and sanction dopers. This discussion included the World Anti-Doping Code and its supporting International Standards developed by the World Anti-Doping Agency. He also discussed the shift to out-of-competition testing and specialized laboratory analytical techniques designed to catch up to or hopefully stay ahead of the evolving practices of dopers trying to beat the system.

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Attorney Rich Young gives examples of successful USADA prosecutions including information and evidence form the BALCO scandal.

 

Dr. Bowers again presented. Deterrence is the primary goal of anti-doping. The decision to follow the rules is primarily determined by an individual’s moral inhibitions. When moral inhibitions are weak, the certainty of being caught is the most important factor in compliance with the rules. The ability of testing to detect prohibited substances and methods plays a major role in the certainty of being caught. Several examples of advances in detection of anabolic steroids were presented, including the chemistry underlying the discovery of long-lived metabolites and the detection of designer steroids.

Bill Bock presented on his role as general counsel for USADA and the investigations that he has been part of. The U.S. Anti-Doping Agency (USADA) is the congressionally authorized, independent anti-doping agency for Olympic and Paralympic Movement Sport in the United States and conducts drug testing and drug investigations for America’s elite and Olympic athletes. With particular focus on the USADA investigation into doping by Lance Armstrong and his teammates on the U.S. Postal Service Cycling team as well as the Bay Area Laboratory Cooperative (BALCO) investigation, which involved unlawful conduct by athletes including Marion Jones, Barry Bonds, and Tim Montgomery, USADA’s General Counsel, Bill Bock, discussed how USADA conducts investigations regarding the use of performance enhancing drugs in sport, promoting a level playing field in sport in the United States.

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Attorney Bill Bock explains a key piece of the evidence in the BALCO scandal that showed the doping schedule and the “Rosetta Stone” to decode the drug use by all. This comes from Olympic sprinter Kelli White whose various victories on the international stage were changed into disqualifications based upon doping

 

Dr. Eichner was called away on official WADA duties. So Dr. Bowers presented his slides and information. The World Anti-Doping Agency has the primary responsibility to harmonize anti-doping practice in international sport. The World Anti-Doping Code and the attendant International Standards, Technical Documents, and Guidelines form the framework of that harmonization. The List of Prohibited Substances and Methods and the International Standard for Laboratories are critical to harmonization. WADA recognizes laboratories to conduct doping control analysis for Olympic sports under agreements with national/SO accrediting organizations to assess under ISO 17025. Testing strategies and practice have evolved over the years. WADA-accredited laboratories have moved from reactionary, to be more proactive in the fight against doping. Anticipating potential doping agents progressing through clinical trials and scientific research are paramount in staying ahead of doping athletes. Focusing on “indirect” methods of detection offer the laboratories a way to detect endogenous hormones and other performance-enhancing practices that are not possible to detect directly. There are also numerous rogue companies that exploit the FDA’s “research use only” classification of drugs to target athletes.

At the end of the session, there was a lively Q&A where the audience got to directly ask about Lance Armstrong, Carl Lewis and others. The issue about the anti-doping culture (or lack thereof) in other countries was discussed in terms of policy. The panelists were frank and forthright with their comments. It was a great event.

Attorney Justin J. McShane moderates the panel discussion

Attorney Justin J. McShane moderates the panel discussion

 

The McShane Firm

PRESS RELEASE

Press Conference on Saturday January 24, 2015 at 1pm at The McShane Firm, LLC 3601 Vartan Way, 1st Floor, Harrisburg, PA 17110 all are welcome.

Man Freed After Serving 35 years 11 months and 8 days in Prison for An Arson-Murder that Wasn’t

(Harrisburg, PA and Bellefonte, PA)– In July 1979, James Hugney Sr. was convicted after a jury trial in Susquehanna Township, Dauphin County of a notorious arson-murder then called by the media “the Burning Bed Case.” The case was called the “Burning Bed” because the prosecution’s theory of the case was that Hugney in a fit of anger set his house on fire by pouring flammable liquid around the bed of his then 16-year old son: his namesake James Hugney, Jr while his son slept in the bed. His house was gutted by the fire. Five days after the fire, his son died as a complication of his burns where he had 3rd degree burns over 98% of his body.

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Picture 1: The 1625 Bamberger Road house in Harrisburg, PA after the fire fully consumed the house

At the time of the trial, three different experts were called by the government to testify that this was definitely an arson based upon “characteristic pour patterns around the bed of young Hugney” and also based upon chemical analysis that stated that charred parts of the bedroom “were characteristic of hydrocarbons.” However, the investigators could not establish a definitive cause, origin or first fuel for the fire. This method is called the Negative Corpus method of fire investigation and was the lynchpin of the prosecution’s case.

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Picture 2: The bedroom where James Hugney, Jr. was sleeping and what fire investigators at the time believed were “characteristic pour patterns” that proved that there was an arson

After his trial attorneys in 1979 did not challenge the opinions of the fire experts that it was an arson, James Hugney was convicted and sentenced to life in prison. Life in prison in Pennsylvania means that there is no possibility of parole. Life means life.

Beyond that, the trial court wrote at the time of his appeal: “We feel compelled to repeat the feelings we expressed in our opinion on Hugney Sr. ‘s post-trial motions that it is unfortunate that petitioner’s life, as well as his appeal, cannot be doused.”

Every day for 36 years, Hugney has maintained his innocence. But for the fact that capital punishment (the death penalty) was suspended in the United States from 1972 through 1976 primarily as a result of the Supreme Court’s decision in Furman v. Georgia, 408 U.S. 238 (1972), he may very well have been executed by this time.

Nearly four years ago, Attorney Justin J. McShane and the attorneys at The McShane Firm, LLC took up the investigation of Mr. Hugney’s conviction. Upon his initial review of the case, Attorney Justin J. McShane who is a well-known lawyer-scientist who focuses on forensic science related cases knew that “the science was wrong” in this case. “The pivotal scientific evidence of negative corpus had been debunked,” said McShane, “and all of the scientific evidence used in the case was based on popularly held beliefs and myths of the time that modern science has totally refuted.” McShane retained 3 international fire scientists: Dennis Smith of Premier Fire Consulting Services, LLC; John Lentini of Science Fire Analysis, LLC; and chemist and fire investigator Samuel Blittman. All three of them independently and categorically stated that the scientific methods used to condemn Hugney to life in prison are not supported by modern science. They stated in the reports, which were filed with the court, that they could not conclude that this was an arson using modern best practices of fire science. The lynchpin to the conviction had been pulled. With that, McShane filed a motion to set aside the near 36 year conviction.

Today, after 35 years 11 months and 8 days of imprisonment, he is a free man.

His PCRA was granted. The verdicts were set aside. He was awarded a new trial. He entered an Alford plea to proclaim his innocence. He was granted immediate release with credit for time served.

He went home with his family.

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“This is a great day for James Hugney, a great day for justice, and a great day for science,” said Hugney’s attorney, Justin McShane of The McShane Firm. “We give thanks to District Attorney Ed Marsico and First Assistant District Attorney Francis T. Chardo III who as honorable and noble shepherds of justice in Dauphin County did the right thing. Without them, justice would not have been served in this case. It shows a remarkable sense of ethics and morality that these two are already well known for. While no one can give him back the nearly 36 years of his life that he lost, at least Mr. Hugney has his freedom now,” said McShane.

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Justin J. McShane is a double board certified trial attorney. He is a Fellow with the American Institute of Chemists and has earned the American Chemical Society-Chemistry and the Law Division Lawyer-Scientist designation. He is the Chairman/CEO of The McShane Firm, LLC located in Harrisburg, PA. The McShane Firm is an 8-attorney law firm that focuses on criminal defense and forensic science related cases. He was aided in this case by Attorneys Theodore Tanski, Richard Roberts, Katherine Kennedy, all of The McShane Firm.

James Hugney, Sr. is nicknamed “Huggy” by family and friends. He is 72 years old. Before his conviction, he was a local businessman in Dauphin County, a taxpaying citizen, and a father of two boys. He even served on jury duty in Dauphin County in 1977. He received a commendation from then Chief of the Harrisburg Bureau of Police, Paul D. King, for his help in catching a purse snatcher. While incarcerated for nearly 36 years, he dedicated all of his time towards fundraising for Big Brother and Big Sisters raising tens of thousands of dollars. He became very actively involved in the Roman Catholic Church while in prison, and counseled many prisoners to find peace and religion while in jail.

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Picture 3: James Hugney, Sr.

More about The McShane Firm: http://www.TheMcshaneFirm.com/

James Hugney Sr.’s case was covered in detail in a two-part series by ABC27 which can be seen at:http://freehugney.com/in-the-modern-news/

###

Media Contact:

Justin J. McShane, JD, F-AIC
The McShane Firm, LLC-The Science Attorneys

3601 Vartan Way
2nd Floor
Harrisburg, PA 17110
t: 7176573900
f: 7176572060
w: http://www.TheMcShaneFirm.com/
e: justin@TheMcShaneFirm.com

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2014-10-17 FALP XII(1)

Congratulations to the graduates of the 12th class of the American Chemical Society Hands-on Gas Chromatography class. This makes for 210 graduates in 40 states.

 

Today’s graduates include:

First name Last Name State
Tim Bussey CO
Gregory Willis GA
Thomas Addair KS
John Thurston KS
Barton Morris MI
Neil Rockind MI
Steven Hernandez NJ
Jeff Meadows OH
Alan Woodland OK
John Arose PA
Rich Roberts PA
TC Tanski PA
Leslie Johnson TX
Mark Kelley TX
Jessica Phipps TX
Courtney Stamper TX
Michael Cohen WI
Nathan Dineen WI
Sarah Schmeiser WI
 

NIST names OSAC Resource Committees

As many regular readers will recall, NIST is trying to end the Wild Wild West that is the modern practice of Forensic Science. Just moments ago, they released their latest appointees:

An initiative to strengthen and bring uniformity to forensic science standards took another step forward today as the National Institute of Standards and Technology appointed 35 new members to the Organization for Scientific Area Committees (OSAC).

The new members, selected for their expertise in law, psychology and quality assurance, will serve on three advisory committees. These OSAC Resource Committees will play a critical support role by advising the Forensic Science Standards Board, the scientific area committees and subcommittees focused on specific forensic science disciplines within OSAC as they adopt, develop and review standards.

“As our science-focused committees and subcommittees work to support the development of forensic science standards and guidelines, we expect that there will be many questions related to law, work flow processes and quality control. These resource committees will help address those,” said John Paul Jones II, associate director for OSAC affairs.

The Human Factors Committee will provide guidance on how systems design influences human performance, on how to minimize cognitive and confirmation bias, and on how to mitigate errors in complex tasks.

The Legal Resource Committee will review and provide a legal perspective on proposed standards.

The Quality Infrastructure Committee will assemble and update a Forensic Science Code of Practice, provide guidance on quality issues, and provide impact statements that inform agency management about how specific standards may affect laboratory operations. It will also work with outside standards development organizations and accrediting bodies as needed.

The resource committee members were chosen from among 1,300 OSAC applicants. They include public defenders, law school professors, prosecutors, judges, standards development experts, laboratory managers and human factors experts.

A NIST-DOJ membership selection team is reviewing applications for the remaining OSAC positions and will announce the appointments as they are completed.

To see the membership of each resource committee, please go to www.nist.gov/forensics/osac/resource-coms.cfm.

 

Human Factors Committee Members

  • Deborah A. Boehm-Davis, Ph.D., Dean of the College of Humanities and Social Sciences, George Mason University
  • Itiel Dror, Ph.D., Principal Researcher, Cognitive Consultants International
  • Cleotilde Gonzalez, Ph.D., Associate Research Professor of Decision Sciences, Carnegie Mellon University
  • Christian A. Meissner, Ph.D., Professor of Psychology, Iowa State University
  • Erin Morris, Ph.D., Behavioral Sciences Research Analyst, Los Angeles County Public Defender
  • Sunita Sah, Ph.D., Assistant Professor, Strategy, Economics, Ethics and Public Policy at Georgetown University McDonough School of Business
  • Scott Shappell, Ph.D., Human Factors and Systems Department Chair, Emory-Riddle Aeronautical University
  • Dan Simon, Professor of Law and Psychology, University of Southern California, Gould School of Law, and Department of Psychology
  • Brian C. Stanton, cognitive scientist, National Institute of Standards and Technology
  • William C. Thompson, Ph.D., Professor of Criminology, Law, and Society and Psychology and Social Behavior and Law, University of California Irvine

Legal Resource Committee Members

  • Jennifer Friedman, Deputy Public Defender, Los Angeles County
  • Christine Funk, General Counsel, Department of Forensic Sciences, Washington, D.C. (local government)
  • Lynn Robitaille Garcia, General Counsel, Texas Forensic Science Commission (state government)
  • Ted R. Hunt, Chief Trial Attorney and DNA Cold Case Project Director, Jackson County Prosecutor’s Office, Kansas City, MO
  • John Kacavas, United States Attorney, U.S. Department of Justice
  • David H. Kaye, Professor, Graduate Faculty, Forensic Science Program, Pennsylvania State University
  • David A. Moran, Professor of Law, University of Michigan Law School
  • Christopher J. Plourd, Superior Court Judge, State of California
  • Ronald S. Reinstein, Judge and Judicial Consultant, Arizona Supreme Court
  • Barry Scheck, Professor, Cardozo School of Law, Yeshiva University; Co-Director, Innocence Project; Commissioner, NY Commission on Forensic Science; Neufeld, Scheck, & Brustin, LLC

Quality Infrastructure Committee Members

  • Karin Athanas, Program Manager, American Association For Laboratory Accreditation
  • Sally S. Aiken, Medical Examiner, Spokane County, Washington
  • Barbara E. Andree, Forensic Chemist, Bureau of Alcohol, Tobacco, Firearms and Explosives
  • Jason Bond, Quality Assurance Coordinator, Indiana State Police Laboratory Division
  • Pamela L. Bordner, Sr. Accreditation Program Manager, ASCLD/LAB
  • Kris Cano, Forensic Laboratory Manager, Scottsdale Police Department Crime Laboratory
  • Deborah Friedman, Criminalist III, Broward Sheriff’s Office Crime Laboratory
  • Matthew Gamette, Laboratory Improvement and Quality Manager, Idaho State Police Forensic Services
  • Keith Greenaway, Vice President, ANSI-ASQ National Accreditation Board
  • Arlene Hall, Commander, Illinois State Police, Division of Forensic Services
  • Bruce Houlihan, Director, Orange County Crime Laboratory/Orange County Sheriff-Coroner
  • Alice R. Isenberg, Ph.D., Section Chief, FBI Laboratory
  • Timothy Kupferschmid, Laboratory Director, New York City Office of Chief Medical Examiner
  • Karen Reczek, Senior Standards Information Specialist, NIST Standards Coordination Office
  • Frances E. Schrotter, Sr. Vice President and Chief Operation Officer, American National Standards Institute