Mosley attorney proclaims “gigantic” courtroom victory over Conte

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Victor Conte‘s attempt to have a New York judge dismiss the libel suit filed against him by Pomona’s world-champion boxer Shane Mosley was denied Wednesday, giving Mosley’s attorney Judd Burstein an opportunity to announce a ‘gigantic’ victory.

‘Now, we’ll go through discovery and take depositions,’ Burstein said. ‘I’m salivating over getting this guy [Conte] into a deposition as soon as I can. ... The guy is someone who’s demonstrated [if] you shake his hand, you better count your fingers when you’re done. He’s contradicted himself so many times ... it’ll be a bloodbath when I get through with him.’

Conte, who served four months in federal prison after pleading guilty to steroid distribution and money laundering as head of the Bay Area Laboratory Co-Operative that counted Barry Bonds, Marion Jones and Jason Giambi as clients, prompted Mosley to sue him by declaring to reporters that the boxer knowingly accepted and used performance enhancing drugs before his 2003 victory over Oscar De La Hoya.

Mosley has responded that he believed he was using vitamins, only to learn later that the substances were EPO and designer steroids.

Conte, meanwhile, released a statement expressing confidence in his legal triumph.

‘There was absolutely no victory today for Shane Mosley in his defamation case against me,’ Conte wrote. ‘Quite the contrary. The New York judge simply asked for depositions to be taken before he throws the knockout punch to the case. Specifically, the judge noted that he is not even sure if he has jurisdiction to rule in the case. The only thing running at this point is Mosley’s attorney Judd Burstein’s mouth.’

Conte told The Times his motion to dismiss the suit ‘will be considered again,’ afterthe depositions by him and former BALCO associate James Valente, whom Conte claims will affirm Mosley knew exactly what substances he was to use before the De La Hoya victory. ‘I still believe the judge will dismiss this,’ Conte said.
--Lance Pugmire