Insufficient Evidence to Charge Phelps
COLUMBIA, S.C. (AP) — A South Carolina sheriff said Monday he was not going to charge swimmer Michael Phelps after a photo of the 14-time gold medalist showed him smoking from a marijuana pipe.
Richland County Sheriff Leon Lott said during a news conference that he didn't have enough physical evidence to charge the swimmer, but he defended his investigation.
"Michael Phelps is truly an American hero ... but even with his star status, he is still obligated to obey the laws of our state," Lott said.
Phelps released a statement after the sheriff's decision.
"I'm glad this matter is put to rest. But there are also some important lessons that I've learned," Phelps said in the statement. "For me, it's all about recognizing that I used bad judgment and it's a mistake I won't make again. For young people especially — be careful about the decisions you make. One bad decision can really hurt you and the people you care about. I really appreciate the support my family and fans have shown me and now. I will move forward and dive back into the pool, having put this whole thing behind me."
The photo showed Phelps smoking from a marijuana pipe at a party in November when he visited the University of South Carolina. Lott said he seized the marijuana pipe, known as a bong, that was in the photo but couldn't prove Phelps had smoked from it.
"We had a photo and him saying he was sorry for inappropriate behavior. He never said, 'I smoked marijuana.' We didn't have physical evidence," Lott said.
USA Swimming suspended Phelps for three months in the wake of the photo, and Kellogg Co. said it would not renew its endorsement deal with him.
The photo surfaced in a British newspaper, News of the World, on Feb. 1. The swimmer, who won a record eight gold medals at the Beijing Games, did not dispute its authenticity.
News of the World said the picture was taken during a party while Phelps was visiting the university. During that trip, he attended one of the school's football games and received a big ovation when introduced to the crowd.
The sheriff's office said eight people were arrested during the investigation. Seven have been charged with simple possession of marijuana, which carries a maximum penalty of 30 days in jail or a $575 fine. Another person was arrested for driving under suspension.
The sheriff's office wouldn't identify those charged but an attorney for three of them said the cases should be handled just like any other marijuana possession charge. Attorney Dick Harpootlian said he expects his clients to either have the charge dismissed or for them to get a conditional discharge, which allows an offender to avoid punishment as long as they comply with certain conditions for six months and stay out of trouble.
The party occurred nearly three months after the Olympics while Phelps was taking a break from training, and his actions should have no impact on the eight golds he won at Beijing. He has never tested positive for banned substances.
This isn't the first embarrassing episode for Phelps after an Olympic triumph. In 2004, a few months removed from winning six gold and two bronze medals in Athens, the swimmer was arrested on a drunken driving charge at age 19. He pleaded guilty and apologized for the mistake.
This case demonstrates the difference between the court of public opinion and a real criminal court. 99.9 % of the time it is always better for a potential defendant to remain silent regarding a possible charge. However, given the circumstances surrounding this case it was clearly the right thing for Phelps to immediately accept responsibility from a public relations and financial position. Eventhough the criminal case is now closed Phelps still has to deal with the photo which has been circulated all over the internet. The absence of physical evidence coupled with a generic apology = insufficient evidence. Rest assured that Phelps legal counsel and PR people worked to reach a happy medium in this case. Kudos to the SC sheriff for quickly putting this matter to rest - Brett Hastings, Esq.
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