Here’s what Phil Baroni’s agent Ken Pavia had to say about Phil’s case:
Phil took 67 supplements and I MADE him take a pre fight test to make sure he didn’t have a false positive. He passed for everything.
Phil took a post fight test after his CSAC positive. He passed for everything.
Phil took another post fight test in front of Sherdog editor and cameras at a doctors office. He passed for everything.
We had the CSAC samples RETESTED at a third party accredited lab. These were the same samples that came back positive. THEY CAME BACK NEGATIVE FOR EVERYTHING.
The CSAC expert said there is no such thing as a false positive, but the CSAC web site sites an Olympic committee study that says 15% of all over the counters cause false positives. His credibility should have been shot.
Two of the six Commissioners voted to throw it out completely with one abstaining.
Every objection that was made the entire time was ruled in favor of the Commission including one where by the Commission attorney was allowed to ask about aspects of our case on cross examination that we hadn’t even introduced. She got the info out of our exhibit packet and basically introduce all of our evidence before for us.
The Commission was forced to listen to over 2 hours of steroid propaganda prior to the hearing that just by coincidence was scheduled for the same day. They actually brought in a chiropractor from New Jersey who took 45 minutes saying… steroids are bad for kids… steroids are for cheaters.
They had one test that said he did steroids. We had four tests including their test that said he didn’t do steroids.
Phil was innocent.
After having to endure 2 hours of a steroid seminar where because it was not testimony there was no cross examination, we began the proceeding. The AG tried to introduce a packet of info. I objected as I had requested copies in writing over a month before of all materials. I requested a recess to review the packet and my request was denied by the presiding chair. I objected again and was denied. It was only after they started presenting that one of the Commissioners spoke up and said, why cant he see it, a mans career is at stake.
When I objected to the failure of the chair to follow any sort of procedural guidelines or have an consistency in rulings I believe his words were he said that the did not have to follow civil or criminal procedure OR ADMINISTRATIVE procedure. He did say that the rulings were what he said they were.
In my opening I tried to challenge the standard the chair had stated as the burden of proof. He had at the previous meeting said it was by PERPONDERANCE OF THE EVIDENCE. That mean 51%. I asked for authority and was told it was precedent. It was not in the code or regs or minutes from previous hearings. When I got the info packet I found that they were relying on a 1999 hearing where someone applied for a auto salespersons licence from the DMV. That was their authority and the standard they were apply as gospel. Not an Athletic Commission ruling. Not the BEYOND A REASONABLE DOUBT standard that our criminal courts apply when someone stands accused. This case was not about a kid trying to get a licence to sell Malibus at a sled lot. It was about a man that worked his entire career and whose next contracted payday was more then ALL 8 OF HIS UFC FIGHTS COMBINED, of ALL 6 OF HIS PRIDE FIGHTS COMBINED.
I began to state an objection to this standard, mind you after 2 hours of a steroid seminar that had nothing to with the facts of the case and whose prejudicial value far outweighed the probative value. I was cut off immediately by the chair and was told to bring it up in my close. I objected as I wanted to address it now so the Commission could consider it. I was cut off again and told I could not. This was the general pattern of how things went.