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Jones Files $25 Million Defamation Suit In BALCO Case

POSTED: 2:47 pm PST December 15, 2004
UPDATED: 11:41 am PDT August 23, 2006

Track star Marion Jones filed a defamation lawsuit Wednesday against the man whose company is at the center of a federal probe into illegal steroid use among some of the nation's top athletes.

Jones is seeking $25 million in the suit against Victor Conte, alleging he tarnished her reputation when he went on national television to say the Olympic medalist had injected steroids.

Conte and three others connected to the Bay Area Laboratory Co-Operative were indicted in February by a federal grand jury for a variety of alleged offenses, including illegally distributing steroids.

The lawsuit, filed in U.S. District Court in San Francisco, said Jones passed a lie detector test and includes a statement from her doctor saying she never used steroids. Jones won three gold medals and two bronzes during the 2000 Summer Games in Sydney, Australia.

On Dec. 3, ABC's "20/20" broadcast an interview with Conte in which he said he gave Jones performance-enhancing drugs before and after the Sydney games. He also said he watched Jones inject herself with human growth hormone, statements the suit said "are false and malicious."

Conte told ABC: "I think she made her decision, and she's going to have to be accountable to the consequences of her decision. If she said she didn't use drugs, then she lied."

Jones' lawsuit says she has passed 160 drug tests, including five at the 2000 games in Sydney, and "has never taken banned performance enhancing drugs."

It claims that Conte's motive to concede steroid distribution ahead of his criminal prosecution "appears motivated by a desire to curry favor with prosecutors, garner sensationalized media attention, bolster Conte's own financial and other self interests and harm an individual against whom Conte has a long-standing grudge."

The five attorneys representing Jones in the lawsuit wrote that Conte "seeks to take full credit for all of her past successes, falsely asserting that Jones' five Olympic medals in 2000 were the product of his illegal drug regimen instead of Jones' true talent."

Jones failed to win any medals at last summer's Athens Olympics. She has been under investigation for months by the U.S. Anti-Doping Agency, which has said it will take Conte's allegations into account.

Conte, in an email to The Associated Press, said the lawsuit was "nothing more than a PR stunt by a desperate woman, who has regularly used drugs throughout her career. I look forward with all confidence to the court proceedings as I stand by everything I said on the `20/20' special."

The founder of Burlingame-based BALCO, Conte said he worked with Jones from August 2000 to September 2001. He said he designed a doping regimen for her that included the previously undetectable steroid THG, the endurance-enhancing hormone EPO, human growth hormone and insulin.

Following Conte's comments, the International Olympic Committee opened an investigation into the allegations. World Anti-Doping Agency chief Dick Pound, a senior IOC member, has said Jones should be stripped of her medals if Conte is telling the truth.

In the lawsuit, one of the track star's doctors said she never exhibited the physical signs of an athlete taking banned substances.

None of the numerous blood and urine tests performed on her registered positive for illegal drugs, nor were there were any "physical changes or abnormalities that caused me to suspect that Ms. Jones was using any type of illegal performance enhancing drugs," said Richard T. Ferro, a North Carolina sports medicine specialist.

A former FBI polygraph examiner said he tested Jones on June 16 about whether she ever used performance enhancing drugs or was lying about "any personal use of performance enhancing drugs."

"It is my opinion that these responses are not indicative of deception," former agent Ronald Homer wrote in the lawsuit.

Conte, BALCO vice president James Valente, track coach Remi Korchemny and Greg Anderson, the personal training for baseball slugger Barry Bonds, face federal indictment on a range of accusations.

The federal charges include distributing steroids, possession of human growth hormone, money laundering and misbranding drugs with intent to defraud. All have pleaded not guilty.



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