Wrestling Observer Newsletter August 1, 1994 McMahon, Titan: Not Guilty It was almost like watching a play. The participants--the judge, jury, 1989 house show at Madison Square Garden, which is not a part of lawyers, defendants, even the audience, and especially the the Eastern District of New York, thus not under the court's witnesses, seemed more like actors playing a role. It was like jurisdiction, which would have been the first area house show with something was being performed for the entertainment of spectators. Hogan appearing after the April 13 date. Technically the law states But this was real life. And someone's future was to be determined for anyone who has possession of steroids, and gives them to someone ever more. else, even if they aren't selling them, is breaking the wording of the law. Bollea's testimony was he bought his own steroids, ordered by It was almost like watching a soap opera. The human emotion spilled Feinberg from Zahorian and they were simply delivered to from testimony from both sides. Witnesses ranged from being scared McMahon's office, and he picked them up with his paycheck. Even to death for their reputations, disinterested in the proceedings, with Bollea's testimony, a legal argument could be made by the letter outright lying, being turned into pretzels by lawyers, appearing nearly of the law that it was still distribution by the company. Because there spacing out and being on the verge of breaking down from emotion. would be haziness on dates and remembrances of things that So were some of the spectators. But this was real life. And the future occurred five years ago, even though government investigator Tony of a multi-million dollar company was about to be determined. Valenti popped big when the judge said dropping the charge because they didn't establish venue would allow it to be re-tried in its correct When it comes to psychology, it was almost like watching a wrestling venue, I'm expecting that won't be the case. show. It was like there was a Misawa-Kawada match headlining. You know, back-and-forth action with incredible intensity and emotion. To those watching the case from news snippets at home, it probably There were many other similarities to attending a pro wrestling show. appeared the entire case was falling apart when the charges were Some slow spots. Many spots even unbearably boring. A key no- dropped. But after Government prosecuting attorney Sean O'Shea show or two. You pretty much think you know the finish going in, but finished his closing statements on 7/21, those who had been there there are still those moments when you are shocked into believing from the start would have come to anything but that conclusion. At that you may have guessed wrong. But even though there were many that point people were divided in their opinion of the outcome. The wrestlers involved, the most famous wrestling promoter in history wrestling fans were solid in belief of acquittal. Many of them had been sitting right there, wrestling fans watching, and at the finish, lawyers in denial from the start and saw this as no different than the 13-day doing more than one-hour long promos that put almost any wrestlers' theatrical miniseries it almost appeared to be, with their favorite best interviews to shame, this ending wasn't predetermined, and wrestling federation in the babyface role and the government as the nobody was there to hype a rematch. That was the last thing anyone heels. As when they attend wrestling shows, they expect the wanted. After testimony ended on 7/13, the court buffs were babyface to prevail at the end. Court buffs, who knew little or anything predicting conviction. The next day, the case seemed to turn almost about wrestling but get their entertainment watching high-profile trials, completely around. their opinions were split with the majority believing they would come back with a guilty verdict, but even their opinions swayed back-and- On 7/18, two of the three charges, those relating to possession with forth almost on a daily basis in this very confusing case. Most felt the intent to distribute steroids to Terry Bollea, were dropped, due to no wording of the judges instructions of the law to the jury would evidence tying in the alleged activity to the Eastern District of New probably decide the case. It was that close. Too close for comfort. It York (which consists of Richmond, Brooklyn, Queens, Nassau and may have hinged on a word here and a word there. In my ever-so- Suffolk Counties) not because of any determination as to the merits biased opinion, it did hinge on a word here and a word there and the of the evidence of a crime itself. McMahon's former limo driver, Jim lack of a singular substantive action that was PERFORMED. Stuart, who never appeared at the trial, was believed ahead of time to be the one who would tie the Nassau Coliseum into the case. Without Had not Titan Sports discovered the government was investigating any testimony indicating anything happened at Nassau Coliseum, Zahorian in 1989 and cut ties with him, there was testimony that and the outright denying of it by Bollea, the government failed to would make one seriously question whether that act would have been establish this court as the proper venue for the two charges. performed. I saw it as close even after O'Shea's incredible last- minute performance, a speech that no human being would ever want The fact was, no reasonable jury could have found the defendants said about them in front of their families, which blew away any guilty of the April 13 charge as there was nowhere near enough wrestler's day before a PPV last second sell job for dynamics. evidence. Even for the October 24 charge the evidence appeared to be insufficient and definitely was hazy. Technically, the government If I'd been in the jury box, I'd still have voted for acquittal based on the still has the option of bringing one of the charges, an October 24, evidence, or lack thereof, of the case. I had proof beyond any 1989 distribution charge (the statute of limitations has run out on reasonable doubt that crimes had been committed--by Dr. George bringing back the April 13, 1989 charge), in the correct venue, which Zahorian--both before and after 1988, and for that matter by a few of would be Connecticut, although despite some talk after the case as it the wrestlers testifying. But those weren't the crimes being charged. being a possibility, based on evidence here, it would seem unlikely. Zahorian was already convicted on violation of the 1988 law, and has The testimony of Bollea, the alleged recipient, that he had never spent years in prison for his crimes. I had proof beyond any received steroids sent by McMahon at the Nassau Coliseum as the reasonable doubt that key members of the company were aware of government had claimed it would prove, and testimony of Emily Zahorian's activities, and did nothing to stop them until after they Feinberg, who was hazy when it came to specificity on the subject of learned the government was investigating Zahorian. Neither did the where the steroids were delivered, caused 83-year-old Judge Jacob Pennsylvania State Athletic Commission, who authorized Zahorian to Mishler to drop both charges. The fact was, the government never be at the performances. Knowledge of criminal activity and not putting even entered evidence that there were shows with Hogan appearing a stop to it is not criminal activity in and of itself. The only charge that at the Nassau Coliseum on or shortly after those dates (in October, went before the jury was a charge of conspiracy, with Zahorian as an the only Nassau show took place four days before Feinberg received unindicted co-conspirator, to distribute steroids to wrestlers in order to the package from Zahorian so it would have been impossible for improve their physiques and therefore sell more tickets to wrestling items in that package to go to the Nassau Coliseum, so it was matches. The tie-in between the muscular physiques and ticket sales, actually very poor detail work in the government even alleging it while a valid argument based on examining the business, was never happened or trying that charge in that court). There was an April 24, strongly made by the prosecution with evidence presented. It was just stated as if saying it was so made it true, and even though it was true, Titan was in charge instead of the doctor being assigned to them. it wasn't established in the case as fact. Steroids were distributed to She chose a three-person medical firm to work Hershey shows, wrestlers by Zahorian under illegal circumstances, physiques were claiming she didn't want to use Zahorian because she knew of his improved, and it did lead to selling more tickets to wrestling matches reputation and thought that made him bad news, like a similar steroid- but the prosecution really didn't tie those factors together strongly. dispensing doctor in New York that she had gotten rid of. At the August show, another doctor was assigned, but Zahorian showed up The case was close enough that I felt, and without having talked to anyway. Zahorian called Scales numerous times to get the Hershey any jurors, have a strong feeling that the wording of the law would be assignment and said he'd go over her head.