Merriman waits decision on appeal

Wednesday, Oct 25, 2006
By Casey Pearce, Chargers.com

A disappointed Shawne Merriman and his attorney met with the San Diego media Monday afternoon in attempt to shed some light on recent reports involving Merriman and the NFL’s substance abuse policy.   

According to David Cornwell, Merriman’s attorney, the Chargers’ second-year linebacker has been notified that he has tested positive for a banned substance but has not yet been suspended due to a pending appeal process.  

“The reason that we’re here today is that someone breached the confidentiality provisions of the National Football League’s policy for which there is a ($500,000) fine,” Cornwell said.  “Under the program, a player is notified of a violation.  In order to find out the specifics of the violation, the player must file an appeal first.  So we’ve done that.  We’ve not yet received the documents relating to the alleged violation, and until we do, there is not much I can say about it.”   

As long as the appeal process is still taking place, Merriman is permitted to practice and play with his team.  Cornwell has previously represented players in similar situations and said there is no way to predict exactly how long the appeal process may take.

“What’s important to me is I get back on the field and help this team win,” Merriman said.  “Right now we have St. Louis to prepare for.  That’s number one for me, that and still becoming the person that I’ve been so far in the community.”

In ESPN’s report, which was released Sunday evening, an unidentified source stated that Merriman’s case was for steroids, not a dietary supplement.  Cornwell refuted that point, saying that he and his client believe that Merriman tested positive for nandrolone, which he unknowingly ingested.

“He has been playing unwittingly Russian Roulette with his career,” Cornwell said.  “He’s been taking the same supplements and has been subjected to testing and hasn’t yielded a positive test.  He thought that the supplements that he was taking were safe.”

Recent media reports have detailed the problems with contaminated supplements.  The San Diego Union Tribune reported that a “2001 study commissioned by the International Olympic Committee found that of 634 nutritional supplements tested, 14.8 percent contained banned substances; among products from U.S. companies, it was 18.8 percent.”   According to the BBC News, “it is possible that the body may naturally create a form of nandrolone, particularly if the subject has eaten large quantities of meat contaminated with the substance.  It is also possible that dietary supplements taken perfectly legally by some athletes are broken down by the body to produce the same substances created when nadrolone is broken down.” And according to the results of an investigation completed at Aberdeen University, “a combination of both dietary supplements (none of which contain a banned substance) and exercise, can result in a positive nandrolone test.”

Merriman met with his teammates Monday morning and apologized for the distraction that has been created.  He also promised to take responsibility for the situation.

“The people who know me, and I mean really know me, know the kind of person that I am,” Merriman said.  “I’m not going to change throughout this whole situation.  It’s something that I am dealing with.  I’m going to do things the right way, the way they’re supposed to be done.”  

Merriman, the league’s reigning Defensive Rookie of the Year, also expressed a concern over his reputation, which has grown consistently throughout the community and the NFL since he was drafted in 2005.  Last summer, he spoke at the NFL’s annual Rookie Symposium and has proactively mentored young players throughout the league.   

“I have no reason to do anything wrong, especially when I’m already in the spotlight and trying to present to people the right and wrong way to go about things,” Merriman said.  “This obviously is a mistake that has to be dealt with correctly.  Hopefully no judgment is made about me before anything else comes out.”