Phillies 1B Ryan Howard and Nationals 1B Ryan Zimmerman became the first athletes named in the Al Jazeera report on PEDs to "file defamation lawsuits," according to A.J. Perez of USA TODAY. Both MLBers yesterday filed lawsuits in U.S. District Court in DC, alleging they "have been damaged by outrageously false and defamatory statements recklessly" made by the net's documentary. Howard and Zimmerman each "seek damages in excess of $75,000, the threshold for civil cases filed in federal court." The documentary's main source, pharmacist Charlie Sly, was "caught on a hidden camera linking Zimmerman [and] Howard, among others, to the use" of PEDs, as well as Broncos QB Peyton Manning (USA TODAY, 1/6). In DC, Barry Svrluga noted Zimmerman's suit said that he "had not known Sly for six years, and that Zimmerman 'has never received any banned substances' from Sly." Howard’s suit "contains similarly strong language and sweeping denials of ever using banned PEDs." Both suits said that Al Jazeera and the reporters, Liam Collins and Deborah Davies, were "well aware that these statements are untrue and defamatory, and have shown reckless disregard for this fact." The move by Howard and Zimmerman is "perhaps unprecedented in American sport." By filing suit, Howard and Zimmerman "open themselves up to a discovery process in which they could be asked to make the same statements under oath." Legal experts "consider such a case difficult to win, particularly for public figures" (WASHINGTON POST, 1/6).
WAITING GAME: VICE SPORTS' Thompson & Cyphers noted still to be determined is "whether Manning will join" in filing suit. Sources said that Manning is "seriously considering a lawsuit." However, Manning's on-the-field situation "may shelve any litigation until after the season" (VICESPORTS.com, 1/5). In Denver, Nicki Jhabvala notes Manning last month said that he "has not decided if he will take legal action." Manning said, "I don't want to deal with that until after the season." Crisis communications consultant Ari Fleischer said that Manning's plans "have not changed" (DENVER POST, 1/6).
LINING UP THE FACTS: In N.Y., Michael Powell reports Sly "tossed out several athletes’ names," including Howard, Zimmerman, Manning, Packers LB Mike Neal and former NFLer Dustin Keller. Powell: "I scrutinized the list of names, and it soon appeared less random than at first blush. Nearly all of the athletes Sly named are clients of Jason Riley, a fitness trainer based in Sarasota." Riley and Sly "founded Elementz Nutrition, a nutritional supplement company whose website and Facebook page feature many of the athletes Sly mentioned on camera." Zimmerman was "featured on the website; Howard, Neal and Keller (who is also featured on the website) appeared on the Facebook page." Not every athlete "cited by Sly in the Al Jazeera report is connected to Elementz, and not all of Elementz’s big-time clients were mentioned by Sly." Riley’s work as a trainer "is so celebrated that he was called 'baseball’s MVP of the post-steroids era' by Men’s Fitness magazine." Riley's most famous client was former MLBer Derek Jeter. Powell writes, "Significant caveats are in order here: No evidence has emerged linking Jeter to performance-enhancing drugs, and Sly did not connect him to banned substances, although he boasted of helping other athletes obtain them," and a connection to Sly, Riley or anyone else is "hardly proof of any wrongdoing" (N.Y. TIMES, 1/6).
