Tearful Foschi Denies Banned Substance Use

After 27 hours of testimony from 18 witnesses who discussed the minutiae of rules, regulations and drug testing, Jessica Foschi took 13 heartfelt minutes to proclaim her innocence Monday.

In the most compelling moment of a U.S. Swimming drug appeals hearing that ended early Tuesday without an immediate announcement of its outcome, Foschi, of Old Brookville, N.Y., lost her composure.

“I understand the purpose of drug testing is to rid, I think someone referred to it, ‘the steroid problem,’ but I can assure you two things,” Foschi said, sobbing during testimony before the group’s board of directors.

“I’ve never taken an illegal or banned substance and you’re not helping this problem at all because I’m not part of it.”

The panel’s decision was expected to be announced after 3 a.m. (EST) Tuesday.

Speaking for the first time in a public forum about her six-month ordeal, the up-and-coming distance swimmer told the 16-member board:

“We’re good people. This has definitely taken away from that. A lot of people do not know the facts in this case and do not know me and my family and therefore their natural reaction is I’m a steroid user and I’m a cheater . . . that really hurts [because] I’ve done nothing [wrong].”

The testimony concluded on a day when Australian officials announced Samantha Riley, the world-record holder in the 100-meter breaststroke, tested positive for an over-the-counter painkiller containing the banned substance dextropropoxyphene.

Foschi, then 14, tested positive for mesterolone after finishing third in the 1,500-meter freestyle last August at the U.S. summer national championships in Pasadena. It was the first time she was selected to be tested. The second time came Saturday night after she placed second in the 800-meter freestyle at the spring nationals in Orlando.

Foschi was given a two-year probation by a three-member national board of review, a decision immediately appealed by President Carol Zaleski and Executive Director Ray Essick of U.S. Swimming.

The leaders asked their board of directors convening in Orlando this week to increase the penalty to the standard two-year ban so the organization would be in line with the international federation FINA.

Judging by the board members’ questions to witnesses, some seemed to have concerns about changing Foschi’s sanction. After listening to 13 1/2 hours of testimony Monday, the board members reached a decision at about 2 a.m. (EST) Tuesday, some 7 1/2 hours later. The announcement of the decision was delayed until attorneys for both sides could be contacted.

The issues in the Foschi case could have far-reaching effects on U.S. swimmers. Her attorneys say swimming’s rules do not clearly state that an athlete who tests positive for anabolic steroids should automatically be given a two-year ban. Some of the testimony by swimming officials supported that contention and acknowledged the rules need revisions.

“We’ve tried all along to do the right thing for the Foschis and for U.S. Swimming,” said Steve Rousch, assistant executive director.

The Foschis maintain they do not know how the banned substance was ingested.