Dr. Anthony Galea has been charged in the U.S. with smuggling and distributing human growth hormone (HGH).
The criminal complaint filed in federal court in Buffalo alleges that Galea illegally provided HGH to a retired NFL player, a current player identifed as Washington Redskins receiver, Santana Moss, and other unidentified professional athletes. The New York Times (May 18), referred to Galea's statements that Tiger Woods and Alex Rodriguez were among his list of prominent patients although the doctor maintained that he never provided performance-enhancing drugs to any athlete. Galea also faces criminal charges in Canada for related conduct.
The names of the athletes connected to the Galea investigation in the U.S. will have to be disclosed when the matter ultimately proceeds to trial. This will lead to some public embarassment for the athletes and possible discipline within their individual sports. But the athletes' legal jeopardy apparently stops there. According to Thomas Boswell in the Washington Post, (May 21), federal prosecutors reportedly have no intention of filing any criminal charges against any athlete connected to Dr. Galea.
Supreme Court limits life sentences without parole for juveniles
The U.S. Supreme Court ruled that it is cruel and unusual punishment to impose a sentence of prison for life without any chance of parole for a juvenile crime that does not include murder. In his majority decision Justice Anthony Kennedy acknowledged that "from a moral standpoint, it would be misguided to equate the failings of a minor with those of an adult."
Kennedy added that the ''judgment of the world's nations'' deserved to be supported ''when a particular sentencing practice is inconsistent with basic principles of decency.'' Justice Kennedy also noted a ''global consensus'' among all nations except the United States, that juvenile criminals should not be locked up for life without an opportunity to rehabilitate themselves.
It will be interesting to watch the cases that follow this significant decision. Will the oppressive three-strikes law in California now be open to challenge? Will crushing sentences for some adult offenders or juveniles (less than life) be re-evaluated? Lawyers will certainly be eager to test the boundaries of the basic principles of decency in similar types of cases.
Terror Act's motive clause likely to be ruled constitutional
It was made fairly plain during the appeal of Momin Khawaja in the Ontario Court of Appeal this past week that a controversial section of the Anti-terrorism Act previously declared to be unconstitutional will be upheld. The Act's motive clause requires proof that terrorism offences are motivated for political, religious or ideological reasons. The clause clearly distinguishes a terrorism offence with its added stigma and penalty from a conventional criminal offence.
There is a concern among some critics of the motive clause that ''the law could lead to political and ethnic witch-hunts and turn terrorism trials into political and religious trials.'' (National Post, May 23) The reply to these concerns is that if a person's underlying political, religious or ideological beliefs are premised on acts of terrorism, a court may be fully justified in probing and relying on them if they are proven.
It is a contentious area, particularly in relation to religious belief. Will defendants in terrorism trials, for example, be questioned about the meaning of passages from the Koran or other religious scriptures? The issue will likely be resolved by the Supreme Court of Canada.
Ex-Governor's lawyers ask Supreme Court to delay trial
Lawyers for former governor Illinois Gov. Rod Blagojevich have petitioned the U.S. Supreme Court to postpone the upcoming June 3 corruption trial. The petition was delivered to the chambers of Justice John Paul Stevens. The delay is being sought until the Supreme Court rules on the constitutionality of the honest services fraud law. The application may become moot as the highest court may rule on the issue in the Conrad Black appeal in its release of appeal decisions on May 24 or June 1.
Email: skurka@crimlaw.org
