JULY 11, 1994:
Brevetti continued her questioning of Zahorian. She brought out a diagram of Hershey Arena and tried to get Zahorian to establish where the meeting with McMahon and Patterson took place. Brevetti tried to establish that Zahorian was acting as a physician by having him cite cases where he gave advice to Bundy and Gorilla Monsoon about their diabetes and to Skaaland about drinking too much. She had Zahorian cite a time he accompanied S.D. Jones to the hospital when his appendix ruptured. She also established that Zahorian tried to answer wrestlers’ medical questions and kept their conversations confidential, much like a personal physician would. Zahorian said he told some wrestlers about the medical pitfalls of steroids and that some listened and some didn’t care. He recounted a story of Andre the Giant showing up at his house for dinner and how his kids reacted when Andre showed up at their door.
Brevetti established that the contents of Zahorian’s FedEx shipments were not always steroids. He said he sent a FedEx package to the I.R.S. “You didn’t send the I.R.S. steroids, did you?” asked Brevetti. Zahorian said packages contained drugs other than steroids and sometimes just documentation.
Zahorian said he sold steroids to Hulk Hogan who wanted them for Zeus (essentially painted Hogan as a distributer) and Hogan paid for it with a personal check even though he said he was fairly certain he was told to address it to Vince at Titan Towers. Zahorian said he sent Gene Okerlund Rogaine. Zahorian said that when he spoke to Emily Feinberg it was concerning payment for McMahon’s steroids, not the actual ordering of them. He said more often than not he sent Hogan’s steroids to Titan Towers or to his home in Florida. Brevetti established McMahon never called Zahorian to order steroids. Brevetti established that Zahorian did not speak to McMahon via telephone or in person after his last official commission appearance.
On redirect from O’Shea, Zahorian said he was put on solitary confinement both before and after his grand jury testimony and while the conditions were not pleasant, it was for his own protection from other inmates. Zahorian said he was never told his conditions would change based on what he testified to. Zahorian said McMahon never complained about his actions. He also said he never discussed his awards or background with McMahon. Zahorian said while he didn’t know the contents of every FedEx package he sent, he has a particular recall that those sent to Emily Feinberg were steroids.
Rick Rood (a/k/a Rick Rude) testified next. He said he wrestled for the WWF from ’87 to ’90. Rude spoke in short, disjointed sentences and seemed to give as vague of answers as possible. He said, “I’d imagine a lot of people were on (steroids).” and “I’d hear guys now and then talk about steroids.” He said Zahorian was known for supplying steroids, sleeping pills, anti-biotics, and other drugs. He said, “(Road agents) would ask if anyone needed to see the doctor and if you needed a draw (a cash advance).”
Rude then told the story of how he was off steroids because he was trying to start a family with his wife and steroids tend to lower the user’s testosterone level. He said that McMahon commented to him at a TV taping that “I didn’t look good.” He said McMahon was happy with his wrestling and interviews, but not his look. “I told him I was trying to establish a family so I was not on anything. He told me to push myself. I understood that to mean I wasn’t taking anything (but should be).” “You mean steroids,” asked O’Shea. “Yes,” said Rude.”
On McDevitt’s cross-examination, McDevitt established that McMahon was concerned about Rude partying too much and warned him against smoking and that McMahon never told Rude to go to Zahorian for steroids. Rude said he wouldn’t have injected steroids around McMahon because it’s not something you’d want to do in front of the boss.
On Brevetti’s cross-examination, Rude said he used steroids in WCW over the last four years. He said he is getting his steroids from England and he doesn’t carry a prescription, but he takes steroids to relieve joint pain and build strength.
On redirect, O’Shea established that not only did Rude not inject steroids in front of McMahon, but rarely injected in front of anybody.
Kevin Wacholz (a/k/a Nailz, Kevin Kelly) testified next. Wacholz said he witnessed the 1988 conversation between McMahon and Rude because he was in Wisconsin for a tryout at the WWF’s TV tapings. Wacholz said McMahon questioned Rude’s size and Rude said he was working out as hard as he could, but he was off everything because he trying to start a family. Wacholz said, “The defendant told Rude that in the position he was in (main eventing against Ultimate Warrior at the time) that he needed him to be bigger. McMahon then suggested he go on the gas (slang for steroids). Rude then said he wasn’t interested in going on steroids at that time.”
Wacholz then testified that in January 1992 he met with McMahon alone in a camper trailer regarding his Convict gimmick which he was being hired to portray. He said J.J. Dillon and Pat Patterson saw him go in there. He said McMahon told him he needed to be as big as he can be. “I said I was already 300 pounds, but he told me I needed to be a lot bigger,” said Wacholz. “He said I needed to get on the gas. I told him I would not get on steroids to get the job. He told me, ‘Sometimes life isn’t fair. The ball’s in your court. Do what you have to.'”
On cross-examination by McDevitt, he readaloud Wacholz’s grand jury testimony of that very conversation, testimony that included details on that conversation, but Wacholz said nothing about McMahon asking him to take steroids, even though he was asked, “Do you recall anything else about that conversation?” and Wacholz said no. As McDevitt pressed Wacholtz on that omission, the judge interrupted and said, “The cross-examiner may confront witnesses and present questions and answers from grand jury testimony. You (the jury) decide whether the questions originally asked should have elicited the statement not made before.”
McDevitt asked Wacholz to describe his outfit. “Did it reveal your musculature?” “Yes it did.” Wacholz said he was hired, but he did not take steroids while in the WWF. He said his civil suit against Vince McMahon is still pending.
Laura Brevetti asked two questions of Wacholz. “Isn’t it a fact you have personal animosity against Vince McMahon?” Wacholz said, “No.” Brevetti asked, “Do you hate Vince McMahon..” Wacholz said, “Yes.”
Pat Patterson was announced as being the next witness. As Wacholz was leaving the court room, he laughed at the mention of Patterson’s name. At 4:38 p.m., Patterson took the stand.
Patterson said he has worked for the WWF continuously since 1979, which means he is either mistaken or he never truly resigned from the company in 1991 during the sexual misconduct media frenzy. He said he moved into the front office in 1985 and became a vice president in 1986. He said he earns $3,500 a week. O’Shea asked, “Is it fair to say you are the eyes and ears of the company?” Patterson responded, “I was concerned with the show being put on well.” O’Shea: “You would report on events and tell Mr. McMahon of important events?” Patterson: “Yes.” O’Shea: “You had more than a working relationship.” Patterson: “We have become friends.”
O’Shea: “When you were a road agent, you knew Zahorian was getting wrestlers steroids.” Patterson: “I heard rumors about it.” O’Shea: “Did you in fact know?” Patterson: “I heard rumors, yes.” O’Shea: “You saw wrestlers line-up to see Dr. Zahorian and come out with bags?” Patterson: “Yes.” O’Shea: “Is it fair to say wrestlers talked in the locker room about steroids, or the gas, or juice?” Patterson: “Yes.” O’Shea: “Did you use steroids yourself.” Patterson: “No.” O’Shea: “Did you ever hear the term ‘candy bag.’.” Patterson: “No.” O’Shea: “Did you ever complain to McMahon about Dr. Zahorian?” Patterson: “No.” O’Shea: “Did you discuss steroids with McMahon?” Patterson: “No.” O’Shea: “You knew what Zahorian was doing was wrong.” Patterson: “No.” O’Shea: “He once offered halcyon?” Patterson: “Yes.” O’Shea: “So you knew he was doing the same thing for wrestlers.” Patterson: “Yes, I heard he was giving pills to wrestlers.” O’Shea: “And you did nothing?” Patterson: “No sir.” O’Shea: “You told Zahorian you didn’t like what he was giving to wrestlers?” Patterson: “That’s true. He just told me he was helping them. I didn’t know what halcyon was.” O’Shea, in a quick and accusatory tone: “You didn’t know steroids were bad for the wrestlers?” Patterson: “Sometimes I heard they were bad and other times I heard it was okay if they were used right.”
O’Shea: “Did you talk to Zahorian about steroids being bad for wrestlers?” Patterson: “No. I was talking about the pills.” O’Shea: “You knew that pills included steroids.” Patterson: “No.” O’Shea: “You never heard about steroids.” Patterson: “We never talked about steroids.” O’Shea: “Didn’t you warn Dr. Zahorian about an investigation?” Patterson: “I just warned him.” O’Shea: “Did you warn him that the investigation was about steroids?” Patterson: “I didn’t know it was about steroids.”
In a humorous moment, O’Shea handed Zahorian a Titan internal memo dated 12/1/89 and asked him if it was confidential. Patterson said it wasn’t. O’Shea then asked Patterson to read the big word at the top of the page. Patterson, laughing, said, “Confidential.”
Patterson said he never saw the memo before. O’Shea asked him to read from it. The memo was from Linda McMahon informing Patterson that they learned of the Zahorian investigation from Jack Krill at a fund raiser. Krill mentioned it to someone because he had a conflict of interest he felt needed to be addressed.
O’Shea: “This memo tells you to warn Zahorian.” Patterson: “That’s what the letter says.” O’Shea: “You knew he was distributing steroids.” Patterson: “You knew before 1986 he was distributing steroids to wrestlers.” Patterson: Yeah, I heard.” O’Shea: “Starting in July of 1989, the athletic commission rules were changed and Dr. Zahorian was no longer required to be at Hershey?” Patterson: “I’m not sure.” O’Shea: “You could now hire any doctor.” Patterson: “I’m not sure.” O’Shea: “Didn’t you have a conversation with Anita Scales about this.” Patterson: “Yes.” O’Shea: “You also had a conversation with Zahorian about him wanting to remain the attending physician.” Patterson: “No sir.” O’Shea: “Isn’t it true Anita Scales wanted to get rid of Zahorian?” Patterson: “No.”
At this point, 5 p.m., the judge adjourned for the day. Outside the courtroom, Brevetti told reporters that a conspiracy cannot occur legally through mere acquiescence. “There must be a meeting of the minds,” she said.
Wacholz interviewed with WNBC. Wacholz told the reporter that Vince McMahon first approached him to use steroids in 1985. He said he told Vince he wasn’t interested in taking steroids. He said he wasn’t hired in 1985 because he wouldn’t take steroids. “In 1992, when he hired me, he made it a point for me to take steroids – me and everyone else who worked for him,” he said. Wacholz said McMahon wanted wrestlers on steroids to help his business no matter what it did to their health and body. “People know I don’t have an axe to grind,” he added.”
