PART 4
WWF Steroid Trial
JULY 14, 1994:
Detective Gregory S. Taylor from the Lower Paxton Police Dept. in Harrisburg, Pa. was the first witness of the day. He spoke about William Dunn being an informant for the FBI, FDA, and Va. State Police who were investigating Zahorian. He established that the lot number of the steroid vial that Emily Feinberg found in her storage chest matched steroids purchased by the government through Dunn from Zahorian on Oct. 18, 1989. McDevitt questioned him briefly.
Terry Bollea (Hulk Hogan) testified next. He entered through a side door rather than the public entrance of the court room where every other witness entered. Bollea was dressed in a dark navy blue suit and a red tie with his long blond hair neatly combed to his shoulders. He spoke in a soft, polite voice. Not once did he make eye contact with McMahon. McMahon not once looked directly at Bollea.
O’Shea conceded up front that Bollea was promised he would not be prosecuted for statements made in court. Bollea ran down his background in wrestling, including that he first wrestled for Capital Sports in 1978 and returned in 1983. Hogan said he began using steroids in the middle of 1976. He said he used injectable and orals including dianabol, winstrol, anavar, testosterone, and deca. He said he used deca the most. He said steroid use was fairly common in the WWF upon his 1983 return. He said he saw steroids used in locker rooms and said “Yes sir” when asked if he used steroids in the locker room himself. Bollea said Dr. Zahorian was known for steroids, sleeping pills, and other drugs. He said when wrestlers came to TV, “he’d check your pulse, all the standard things, then ask if you needed anything.” He said Zahorian neither asked for medical history nor did lab work. O’Shea: “He’d give you anything you asked for?” Bollea: “Yes.” O’Shea: “Who decided what you got – him or you?” Bollea: “You.” Bollea said Zahorian brought with him his medical bag and two tackle boxes with drugs. Bollea said McMahon was sometimes in the area when Zahorian was there. Bollea said he didn’t remember McMahon using slang terms like gas and juice.
O’Shea: “Did McMahon order steroids from Zahorian?” Bollea: “Yes. We discussed ordering steroids together in Atlanta.” O’Shea: “Were steroids new to him?” Bollea: “As far as subject matter, he knew what they were.” O’Shea: “Did you ask Emily Feinberg to order steroids for you.” Bollea: “I’d call Emily Feinberg and ask her to place orders for drugs from Zahorian.” O’Shea: “How many times?” Bollea: “Ten or less.” O’Shea: “How would you get them?” Bollea: “I’d go by the office with my normal routine. I’d pick up my paycheck, my pictures, and fan mail.” O’Shea: “One of those (things you picked up) was steroids?” Bollea: “Yes sir.” O’Shea: “Who paid Emily Feinberg for the steroids?” Bollea: “Mostly I’d pay with a check or cash.” O’Shea: “Did the company pay for them?” Bollea: “There were times I’d get them without paying as a payback since I had given Vince steroids.”
O’Shea: “How often were you using steroids as Hulk Hogan in the WWF?” Bollea: “It was very common. At the time, all wrestlers were using it and I had a prescription for it.” O’Shea: “Is it fair to say it was like writing a check for car insurance?” Bollea: “It was more frequent.” Bollea said he learned Zahorian was in trouble from Patterson. Bollea: “He said Zahorian was under investigation and not to call him or use him.” O’Shea: “Did he say not to use steroids.” Bollea: “No.” O’Shea: “Did you talk to McMahon about Zahorian?” Bollea: “He said don’t call or use him.”
O’Shea then presented a document to Bollea and asked him if that was his signature at the bottom of the page. Bollea said no. A sidebar was called during which Hogan looked around nervously, very alone, very sad. He didn’t look the direction of McMahon. After the sidebar, the document was not brought up again. (It is believed to have been the document regarding an H.I.V. blood test taken for Bollea by Howard Finkle in Oregon.)
It was announced to one of the jurors that his wife was locked out of the house and she needed his key. Everyone in the court room laughed – even the judge – except for Hogan, who remained uptight and uncomfortable.
Hogan said he used steroids while on the road to heal injuries, keep on going, give you an edge for going many days in a row, and for bodybuilding. O’Shea: “Why did you first use them in the gym?” Bollea: “To gain weight, get bigger.”
McDevitt did not question Bollea, apparently because he at one time represented Bollea. Brevetti cross-examined Bollea for about two hours. Bollea said his youngest child’s birthdate is July 27, 1990. Brevetti: “In ’89, you and your wife decided you would take no drugs prior to conceiving?” Bollea: “We decided to wind down and come off of them.” Brevetti: “Did you use drugs after October 1989?” Bollea: “My wife and I had a big argument over whether or not I was on drugs when I got her pregnant.”
Brevetti then focused on April ’89 after Wrestlemania V whether Bollea had any recollection of Jim Stuart delivering steroids from Titan to an arena in the New York area. Bollea said he did not. Brevetti: “Is it fair to say that any orders were placed to Dr. Zahorian from you for your personal use.” Bollea: “Yes.” Brevetti: “You were not in the business of distributing steroids?” Bollea: “No.” Brevetti: “It was only personal use?” Bollea: “Yes.” Brevetti: “Did you believe steroid use to be legal.” Bollea: “Yes.” Brevetti: “Besides Zahorian, you had other doctors from ’85 to ’89 to get steroids from?” Bollea: “Yes.” Brevetti: “You tried to get steroids in a legal manner?” Bollea: “Yes.” Brevetti: “It was because of the quality of steroids you preferred to buy steroids from doctors?”‘ Bollea: “That’s fair.” Brevetti: “One concern was getting fake or bad steroids?” Bollea: “Yes. Correct.”
Brevetti: “If you were to look back, you did not have the knowledge about steroids and what their effects are in the ’80s compared to now, 1994?” Bollea: “That’s very fair.” Brevetti: “Had more information been given to you, you wouldn’t have used them?” Bollea: “That might have been the case.” Brevetti: “Using steroids was common among athletes and other professionals?” Bollea: “From my knowledge, that would be a very fair assumption.”
Brevetti tried to establish that Bollea used a private locker room and was a private individual while in the WWF, but Bollea said he had his own locker room but didn’t necessarily use it and wasn’t all that private. (Bollea was known for being “one of the boys” in the locker room and was popular for not being stuck up, despite his star-status and preferential treatment.)
Hogan said the photo of him with Dr. Zahorian and Vince McMahon was not at a time they had a discussion about steroids. Brevetti: “You have no recollection of conversations on steroids with McMahon or Zahorian in a room?” Bollea: “No. Not in a room.” Brevetti: “McMahon never ordered you to take steroids?” Bollea: “He never ordered or directed me to take steroids.” Brevetti: “Taking steroids was your own personal choice?” Bollea: “Yes.” Brevetti: “Other wrestlers’ decision to take steroids was also a personal choice?” Bollea: “From my knowledge, yes.”
Brevetti: “Did you ever see McMahon tell a wrestler to take steroids?” Bollea: “No.” Brevetti: “Advances were given by agents to wrestlers everywhere?” Bollea: “Yes.” Brevetti: “The money was deducted from the wrestlers performance fee; it wasn’t extra money?” Bollea: “Correct.” Brevetti: “Did you ever hear in your course of time any agents say, ‘The Doctor’s here, anyone want an advance?'” Bollea: “No. They just asked if they needed an advance.”
Brevetti: “Have you heard of the slang term riggs?” Bollea: “Yes. It’s a slang term for needles.” Brevetti: “It’s not known commonly as ‘steroids and needles.'” Bollea: “No. Riggs are needles.” Brevetti: “Have you heard of roid rage?” Bollea: “Yes.” Brevetti: “Is it fair to say in your 12-13 years using steroids, you never experienced roid rage.” Bollea: “No, I didn’t.” Brevetti: “You knew McMahon to be using steroids. Did you see him have a change of personality or roid rage?” Bollea: “Never.” Brevetti: “Wrestlers are by nature more aggressive?” Bollea: “When performing.” Brevetti: “But being on the road night after night, wrestlers are boisterous.” Bollea: “Not all of them.” Brevetti: “Some got in trouble when they partied?” Bollea: “Some.” Brevetti: “Would you connect steroid use to boisterousness at a bar?” Bollea: “No.”
Brevetti: “The term ‘larger than life” isn’t a code word for building muscles larger than normal.” Bollea: “Correct.” Brevetti: “In order to create public appeal, it’s very important to build character?” Bollea: “Yes.” Brevetti: “More people know you as Hulk Hogan than Terry Bollea.” Bollea: “Yes ma’am.” Brevetti: “You have two identities?” Bollea: “Yes.” Brevetti: “The Hulk Hogan character is bigger than life?” Bollea: “Yes ma’am.”
Brevetti then hit the jackpot on the following questions as all fears of how much damage Hogan could cause McMahon turned into elation. Hogan perhaps turned into the defense’s best witness.
Brevetti: “Did Titan ever pay for steroids for wrestlers?” Bollea: “No.” Brevetti: “You paid for steroids with your own money?” Bollea: “Yes.” Brevetti: “Did you ever see a road agent or any employee distribute steroids to wrestlers who wanted steroids?” Bollea: “Never.” Brevetti: “From 1985-’91, if Dr. Zahorian was not available to you, you had other sources for steroids?” Bollea: “Yes.” Brevetti: “Is it fair to say Titan had nothing to do with providing you with steroids from Zahorian.” Bollea: “Very fair.”
Brevetti: “Is it fair to say packages you picked up (at Titan) were because you knew steroids had been ordered for you?” Bollea: “Yes.” Brevetti: “Am I correct that you never picked up unsolicited packages?” Bollea: “Yes.” Brevetti: “Vince McMahon didn’t order Feinberg to order steroids for you?” Bollea: “No.” Brevetti: “She was doing an accommodation for you?” Bollea: “Yes.” Brevetti: “Who’d you pick up the steroids from?” Bollea: “Emily Feinberg.” Brevetti: “Vince McMahon never divided his steroids for you and him?” Bollea: “Never remember him doing so.” Brevetti: “Jim Stuart never delivered steroids to you at any arena, including Nassau Coliseum?” Bollea: “Never.”
Brevetti: “On occasions you’d request Emily Feinberg to place an order, the package would be paid for by you?” Bollea: “By check or cash, yes.” Brevetti: “If you received steroids from other individuals, you would not pay for them?” Bollea: “No. It was just paying back (for a previous loan).” Brevetti: “You might call them joint orders?” Bollea: “Yes.” Brevetti: “It was prearranged the package would be for both of you?” Bollea: “Yes… I would pick up my share from Emily.”
Brevetti: “In 1988-’89, Mr. McMahon used steroids?” Bollea: “Yes.” Brevetti: “Is if fair to say from 1984-on, Mr. McMahon was your friend?” Bollea: “Yes.” Brevetti: “You’ve used the term ‘brother’ in reference to Vince McMahon.” Bollea: “Yes.” Brevetti: “You were as close as two men in professional life can be?” Bollea: “Yes.” Brevetti: “You respected McMahon?” Bollea: “Yes.” Brevetti: “In fact, in 1993 you called him your hero?” Bollea: “Yes.” Brevetti: “He respected you and what you did for the WWF?” Bollea: “Yes.”
Brevetti then went back to the Summer of ’88 when Hogan taught McMahon how to use steroids. She established that Hogan let McMahon use deca from his supply of steroids. Brevetti: “So bottles may have been given to you for steroids you gave to him in the Summer of ’88?” Bollea: “It’s possible.” Brevetti: “You paid for your share?” Bollea: “Yes.” Brevetti: “You made the order out of convenience and you took yours for your personal use and paid for them?” Bollea: “Yes.” Brevetti: “If you gave Dan Brower steroids, did you charge him for them?” Bollea: “If he gave me ten bottles, I’d give him ten back. We were friends. That’s the way it worked.” Brevetti: “Is it fair to say it’s like friends exchanging a half a pack of cigarettes.” Bollea: “That’s fair.” Brevetti: “Is it fair to say from 1985 to 1991 you gave wrestlers steroids and the reverse is true?” Bollea: “That’s fair.” Brevetti: “Were you in your own mind distributing steroids?” Bollea: “No. They were my friends.” Brevetti: “Were they distributing to you?” Bollea: “No ma’am.” Brevetti: “Did you believe as a layperson from ’85-’91 that doctors had the legal right to distribute to you?” Bollea: “Yes.” Brevetti: “Did you believe Dr. Zahorian was committing a crime for distributing steroids to you?” Bollea: “No.” Brevetti: “You testified that taking steroids helped your injuries heal. Do you feel steroids helped speed your recovery.” Bollea: “Yes.”
Hogan then said after he was instructed not to call Zahorian, he did anyway, not to defraud the FDA or conceal any illegal activity, but as a friend.
Brevetti: “Did you feel personally a tremendous amount of personal pressure?” Bollea: “Yeah, I felt singled out. There was a hysteria, like AIDS. I felt it was unfair that I was singled out despite other athletes taking them.” Brevetti: “Did you feel you and your wife would be singled out?” Bollea: “Yes.” Brevetti: “To this day, don’t questions of steroid use come up in every media interview?” Bollea: “(pause) 85 percent.”
Brevetti: “Before this trial, did you give statements to the press that weren’t true?” Bollea: “Yes.” Brevetti: “On Arsenio Hall?” Bollea: “Yes.” Brevetti: “Is it fair to say you did not give your full history of your steroid use?” Bollea: “Very true.” Brevetti: “Did Mr. McMahon give you advice?” Bollea: “Yeah, he gave me advice. He didn’t think I should go on the show because it was the wrong format.”
Brevetti somehow then credited McMahon with helping Bollea on his comeback to the ring for the rival promotion to help give him exposure for his new TV career. Brevetti: “Your new career path has nothing to do with this trial? You and Vince McMahon are still friends?” Bollea: “Yes.”
On redirect, a somewhat deflated Sean O’Shea tried to regroup and salvage some valuable testimony from Hogan. He asked Bollea if Feinberg or McMahon were doctors at the time they distributed steroids to him. Bollea said no. Bollea said he knew McMahon and Zahorian well when that photo was taken (because Brevetti tried to make it seem like they could have been strangers to Bollea since he took so many photos with strangers.)
O’Shea: “A big part of your appeal has always been your size?” Bollea: “Yes.” O’Shea: “Like your 22 inch arms?” Bollea: “Yes, thereabouts.” O’Shea: “Hulk got to be Hulk Hogan in part because of steroids.” Bollea: “In part.” O’Shea: “Every time Zahorian gave you steroids, he didn’t give you a prescription, did he?” Bollea: “He gave you a prescription pad.” O’Shea: “To cover yourself?” Bollea: “Yes. If they found steroids, there would be a piece of paper with my name on it. It said, ‘Deca for Terry Bollea for bodybuilding.'”
O’Shea: “Dr. Zahorian just gave them to you with no limit on the number?” Bollea: “Yes.” Brevetti: “Do you go to your family doctor in Tampa and get all the steroids you want?” Bollea: “No.” O’Shea: “Could you use the cash and carry method with your doctor?” Bollea: “No.” O’Shea: “When Emily Feinberg gave you drugs, it was as Mr. McMahon’s executive assistant?” (objection sustained.) O’Shea: “She was his right hand man, if you will.” Bollea: “Yes.” O’Shea: “It was not a secret from McMahon?” (objection sustained.) O’Shea: “McMahon was in the office sometimes when you picked up steroids?” Bollea: “Yes.” The judge asked for clarification. Bollea: “I call the whole building the office. After talking with Vince, I’d pick up my packages.” Judge Mishler: “That doesn’t mean he was present when you picked up the packages?” Bollea: “Correct.”
O’Shea: “(When you gave steroids to McMahon), you weren’t his physician?” Bollea: “No.” O’Shea: “He didn’t complain of injuries?” Bollea: “No.” O’Shea: “He wanted them for bodybuilding?” Bollea: “Yes.”
Brevetti re-cross examined Hogan briefly. Hogan said he was not on steroids, so Brevetti asked if he was promoting his “pythons” as part of his persona to promote his match with Ric Flair despite not being on steroids. Hogan said he was.
·Robert Gorse, an office manager for Rugby Darby Pharmaceuticals, took the stand. On direct from O’Shea, he testified that Zahorian ordered $2,403 worth of drugs in 1988 and $10,132 in 1989 (virtually all steroids). He said the lot number of the drugs Zahorian sold to a government plant and that Feinberg turned into the government (which she says she got from McMahon) was made available on Aug. 2, 1989.
On cross-examination from McDevitt, Gorse said in 1990 Zahorian bought only $940 worth of drugs and it stopped entirely in Apr. of ’90. McDevitt went fishing again as he tried to shift blame to Rugby Darby for not noticing Zahorian’s purchases rose in 1989 by five-times the amount in ’88. McDevitt asked Gorse if there was a narrower market for steroids after the new law, whereas “prior to Nov. 18, 1988 there were no restrictions on steroid use.” Gorse said, “There shouldn’t be.” (i.e. the proper medical purposes for using steroids didn’t change when the law did). The judge then told the jury, “Do not take the law from Mr. McDevitt. Wait until I instruct to the law.”
·John Minton (a/k/a John Studd) testified next. He testified via telephone because he has Hodgkin’s Disease and he says doctors recommend he not be present at the trial.
On direct from O’Shea, Minton said he wrestled for the WWF from ’81 to ’89. He said he bought steroids from Zahorian. He said Zahorian told him about the meeting with McMahon where he told him, if not for him selling them steroids, wrestlers would buy dangerous black market steroids elsewhere. Minton said he didn’t regard what Zahorian was doing as a crime and he said Zahorian warned about the dangers of steroid use.
O’Shea read from Minton’s grand jury testimony: “At that time, steroids were a very important part of our regime. We had to be in shape. It was a service, not a disservice. I never saw it forced on anyone. It was entirely my choice.”
·Dr. Gary Wadler was the final witness for the prosecution. After O’Shea asked Wadler about his credentials, McDevitt challenged his credentials by asking him trivial questions from more than 25 years ago and quoting his book out of context. Wadler’s main point was establishing what a prescription and a doctor-patient relationship entails. “Steroids are prescription drugs,” Wadler explained. “A physician has to go through a process to determine whether a specific drug can be used. One needs a complaint, then a history of complaints, medical background, to address allergies, do a complete physical – and certainly one that is directed toward the cause of the complaint… A prescription is more than a piece of paper.”
Wadler also ran down a long list of reported side effects from anabolic steroid use when used for medicinal purposes, which is almost always in much smaller doses than those used by athletes. There is a shortage of formal and credible studies of the short-term and long-term effects for those who used large amounts for extensive lengths of time.
The day closed with McDevitt engaging in a battle over the negative impact of steroids, drug laws, and the expertise of Wadler.
