Foschi Swims Quickly, Hearing Goes Slowly

Judging by her time in the morning, Jessica Foschi could have swam the 1,500 freestyle 49 times by the time testimony for her controversial drug appeals hearing ended late Sunday night.

A 13 1/2-hour day concluded with an exhausted-but-smiling Foschi happy that she finished second to Brooke Bennett in the 1,500 in 16 minutes 41.58 seconds on the final day of the Phillips 66 U.S. spring national championships at the YMCA Aquatic Center in Orlando.

Foschi, 15, of Old Brookville, N.Y., also finished second to Bennett in the 800 and was fourth in the 400--won by Bennett--but none of that seemed relevant on the first day of U.S. Swimming’s hearing to decide whether to ban her for two years for testing positive for the anabolic steroid mesterolone.

Nine witnesses completed testimony that at times was tedious with the cross-examination of Carol Zaleski, U.S. Swimming president, expected to begin early today.

“I’m pleased with my whole performance despite everything that’s going on,” Foschi said. “I swam faster than expected.”

David Ferris, Foschi’s coach at the Long Island Aquatics Club, said the distractions over swimming’s first steroid case in eight years have been overwhelming.

Foschi tested positive at last summer’s national championships at the Rose Bowl, but was given two years’ probation instead of the standard two-year ban by a three-member swimming panel.

Zaleski responded by filing an appeal with the group’s board of directors asking for a full sanction in line with rules of FINA, the sport’s international governing body.

That resulted in four volumes of documents that stand about 2 1/2 feet high and brought together three lawyers for Foschi, two for swimming and 27 scheduled witnesses for this hearing. It all adds up to a daunting task for the 16 board of directors who are expected to determine Foschi’s fate if testimony concludes today.

But at least 18 witnesses are scheduled to be called and if testimony drags as it did Sunday, it is doubtful the hearing will end in time for deliberations.

In what could be a dry run for a trial in U.S. court, lawyers for both sides tried to make points with the board during questioning.

Foschi’s attorneys were able to underscore the lack of sophistication of U.S. Swimming’s leadership. At times either confused or claiming ignorance, some of the officials acknowledged they were unclear with the rules regarding drug testing.

Ray Essick, swimming’s executive director, and Zaleski testified that guidelines from FINA dictate that officials ban any athlete testing positive for steroids under all circumstances.

But neither could cite a specific rule stating that directly.

In one of swimming’s information booklets given to clubs and coaches, a review of the drug awareness program states it makes no difference whether the drug was medically prescribed, whether the athlete’s use was innocent or inadvertent or whether any other organization allows the drug.

Foschi and her parents are arguing they have no idea how the drug, which was discovered in large amounts, was ingested. Some have suggested Foschi’s water bottle was sabotaged or the test was in error. The Foschis and Long Island’s coaches have taken polygraph tests denying wrongdoing.

Ross Wales of Cincinnati, a FINA vice president, testified that the rule’s clear intent is to not allow any defense for a positive test.

Foschi’s attorney, Mark Levinstein of Washington, D.C., is trying to show that the rules do not spell that out, and as a result, the swimmer should be allowed to present a defense.

In a technical account that resembled a classroom lecture, Don Catlin, director of the UCLA laboratory that handled Foschi’s urine specimen, testified for more than two hours.

With the help of an overhead projector, Catlin carefully explained the collection process and how the instruments that test the specimens work. He said Foschi’s sample showed an unusually high amount of the substance, an indication that either she was a long-time user or that she had taken the banned tablet during the meet.

He said he could not determine which was the case, a potentially important point for Foschi. If it can be shown that it was a one-time use, it is doubtful it would help her swim faster. Therefore it would make no sense that she willfully took the drug.

After the hearing ended, Ferris, Foschi’s coach, said the ordeal has been difficult because he has been accused of giving Foschi the drug without her knowledge.

“We don’t like being the sideline in U.S. Swimming,” he said. “It bothers me that people look at us [at meets]. It bothers me that we’re trashed in front of our peers.”