U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–006 PDF 

" ! HOUSE OF REPRESENTATIVES 109TH CONGRESS

1st Session 

REPORT

2005

109–310 

Union Calendar No. 168 

INVESTIGATION INTO RAFAEL PALMEIRO’S 

MARCH 17, 2005 TESTIMONY AT THE 

COMMITTEE ON GOVERNMENT REFORM’S 

HEARING: ‘‘RESTORING FAITH IN AMERICA’S PASTIME: EVALUATING MAJOR 

LEAGUE BASEBALL’S EFFORTS TO ERADICATE STEROID USE’’ 

THIRD REPORT 

BY THE

COMMITTEE ON GOVERNMENT REFORM 

Available via the World Wide Web: http://www.gpoaccess.gov/congress/ 

index.html 

http://www.house.gov/reform 

NOVEMBER 18, 2005.—Committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 


congress.#13
(II) 

COMMITTEE ON GOVERNMENT REFORM 

TOM DAVIS, Virginia, Chairman 

CHRISTOPHER SHAYS, Connecticut 

DAN BURTON, Indiana 

ILEANA ROS-LEHTINEN, Florida 

JOHN M. MCHUGH, New York 

JOHN L. MICA, Florida 

GIL GUTKNECHT, Minnesota 

MARK E. SOUDER, Indiana 

STEVEN C. LATOURETTE, Ohio 

TODD RUSSELL PLATTS, Pennsylvania 

CHRIS CANNON, Utah 

JOHN J. DUNCAN, JR., Tennessee 

CANDICE S. MILLER, Michigan 

MICHAEL R. TURNER, Ohio 

DARRELL E. ISSA, California 

JON C. PORTER, Nevada 

KENNY MARCHANT, Texas 

LYNN A. WESTMORELAND, Georgia 

PATRICK T. MCHENRY, North Carolina 

CHARLES W. DENT, Pennsylvania 

VIRGINIA FOXX, North Carolina 

JEAN SCHMIDT, Ohio 

——— ———

HENRY A. WAXMAN, California 

TOM LANTOS, California 

MAJOR R. OWENS, New York 

EDOLPHUS TOWNS, New York 

PAUL E. KANJORSKI, Pennsylvania 

CAROLYN B. MALONEY, New York 

ELIJAH E. CUMMINGS, Maryland 

DENNIS J. KUCINICH, Ohio 

DANNY K. DAVIS, Illinois 

WM. LACY CLAY, Missouri 

DIANE E. WATSON, California 

STEPHEN F. LYNCH, Massachusetts 

CHRIS VAN HOLLEN, Maryland 

LINDA T. SANCHEZ, California 

C.A. DUTCH RUPPERSBERGER, Maryland 

BRIAN HIGGINS, New York 

ELEANOR HOLMES NORTON, District of 

Columbia 

———

BERNARD SANDERS, Vermont 

(Independent) 

MELISSA WOJCIAK, Staff Director 

DAVID MARIN, Deputy Staff Director/Communications Director 

KEITH AUSBROOK, Chief Counsel 

JENNIFER SAFAVIAN, Chief Counsel for Oversight and Investigations 

ROB BORDEN, Parliamentarian/Counsel 

ANNE MARIE TURNER, Counsel 

TERESA AUSTIN, Chief Clerk 

PHIL BARNETT, Minority Chief of Staff/Chief Counsel 

BRIAN COHEN, Minority Senior Investigator and Policy Advisor 

LETTER OF TRANSMITTAL 

HOUSE OF REPRESENTATIVES, 

Washington, DC, November 18, 2005. 

Hon. J. DENNIS HASTERT, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: By direction of the Committee on Government Reform, I submit herewith the committee’s third report to the 

109th Congress. 

TOM DAVIS, 

Chairman. 

(III) 

C O N T E N T S 

Page 

I. Executive Summary ....................................................................................... 1 

II. Introduction .................................................................................................... 2 

III. The Evidence Examined by the Committee ................................................. 6 

A. MLB Arbitration Proceedings ............................................................. 7 

B. Polygraph Documents .......................................................................... 12 

C. Results of Rafael Palmeiro’s Drug Tests ............................................ 13 

D. Interview with Rafael Palmeiro ......................................................... 14 

E. Interview with Lynn Palmeiro ............................................................ 20 

F. Interviews with Other Players and Officials from the Baltimore 

Orioles ................................................................................................. 21 

i. Interview with Miguel Tejada ................................................... 21 

ii. Interviews with Players A and B ............................................. 25 

iii. Interviews with Baltimore Orioles Physician and Trainer ... 27 

G. Interviews with Officials from the Texas Rangers during Rafael 

Palmeiro’s Time with the Texas Rangers ......................................... 29 

i. Interview with Dr. B.J. Mycoskie ............................................. 29 

ii. Interview with Dr. Mike Mycoskie .......................................... 30 

iii. Interview with Dr. David Hunter ........................................... 30 

iv. Interview with Jamie Reed ...................................................... 31 

v. Interview with Dan Wheat ....................................................... 32 

H. Jose Canseco’s Allegations .................................................................. 33 

i. Correspondence with Jose Canseco ........................................... 33 

ii. Interview with Ivan Rodriguez ................................................ 34 

iii. Interview with Juan Gonzalez ................................................ 34 

iv. Other Evidence ......................................................................... 35 

IV. Findings .......................................................................................................... 36 

V. Other Matters ................................................................................................ 37 

(V)

Union Calendar No. 168 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–310 

INVESTIGATION INTO RAFAEL PALMEIRO’S MARCH 17, 2005 

TESTIMONY AT THE COMMITTEE ON GOVERNMENT 

REFORM’S HEARING: ‘‘RESTORING FAITH IN AMERICA’S 

PASTIME: EVALUATING MAJOR LEAGUE BASEBALL’S EFFORTS TO ERADICATE STEROID USE’’

NOVEMBER 18, 2005.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. TOM DAVIS, from the Committee on Government Reform 

submitted the following 

THIRD REPORT 

On November 16, 2005, the Committee on Government Reform 

approved and adopted a report entitled, ‘‘Investigation into Rafael 

Palmeiro’s March 17, 2005 Testimony at the Committee on Government Reform’s Hearing: ‘Restoring Faith in America’s Pastime: 

Evaluating Major League Baseball’s Efforts to Eradicate Steroid 

Use.’ ’’ The chairman was directed to transmit a copy to the Speaker of the House. 

I. EXECUTIVE SUMMARY

On March 17, 2005, the Committee on Government Reform (the 

‘‘Committee’’) held a hearing entitled, ‘‘Restoring Faith in America’s 

Pastime: Evaluating Major League Baseball’s Efforts to Eradicate 

Steroid Use,’’ to gauge the reality of steroid use in Major League 

Baseball [MLB], to examine MLB’s new drug testing policy, and to 

educate America’s youth on the health ramifications of steroid use. 

Several current and former baseball players were subpoenaed to 

appear at the hearing. Baltimore Orioles baseball player Rafael 

Palmeiro appeared before the Committee and testified under oath 

that he had never used anabolic steroids. On August 1, 2005, MLB 

announced that Mr. Palmeiro had violated MLB’s Joint Drug Prevention and Treatment Program (‘‘MLB’s testing program’’) and 

would be suspended for 10 days. It was later confirmed that Mr. 

Palmeiro had tested positive for the steroid stanozolol. 

2 

1 Anabolic Steroids Control Act of 1990, Public Law No. 101–647, § 1901, 104 Stat. 4851 (1990) 

(prior to 2004 amendments). 2This number was reached by multiplying the number of high school students who reported 

using illegal steroids by the number of high school students in the United States. According to 

the study, 6.1 percent of high school students in 2003 reported using illegal steroids. Jo Anne 

Grunbaum, et al., Youth Risk Behavior Surveillance—United States, 2003, Morbidity & Mortality Weekly Report, May 21, 2004, at 61. According to U.S. Census data, the number of high 

school students in the United States in 2003 was approximately 16.5 million. http:// 

www.census.gov/PressRelease/www/releases/archives/population/001703.html (last visited Nov. 

8, 2005). 

Mr. Palmeiro tested positive for a performance enhancing drug 6 

weeks after his congressional testimony. As a result of his positive 

test, the Committee conducted an investigation to determine 

whether Mr. Palmeiro’s March 17, 2005, testimony should be referred to the Department of Justice for an investigation of potential 

perjury. The Committee’s investigation included a review of the 

MLB arbitration proceedings, and Committee staff interviews with 

Mr. Palmeiro, his wife, several current baseball players, and current and former trainers and physicians with the Baltimore Orioles 

and the Texas Rangers. The Committee also sought expert witness 

opinion on stanozolol and had a substance tested for steroids. 

The Committee will not make a perjury referral to the Department of Justice. A referral for perjury is a serious step. In this 

case, the evidence before the Committee is insufficient to merit a 

perjury referral. 

It is important to emphasize the narrow focus of the Committee’s 

inquiry. On repeated occasions, Mr. Palmeiro explained his positive 

steroid test as the result of inadvertent exposure. The Committee’s 

scope, however, did not include readjudication of his suspension 

from MLB. Instead, the Committee examined the positive test for 

stanozolol only as it related to potential perjury. In the process, the 

Committee received evidence that was confusing and contradictory 

in many respects. After making the determination that the evidence did not meet the standard for a perjury referral, the Committee concluded its investigation and did not make further determinations about the accuracy or inaccuracy of assertions by Mr. 

Palmeiro or others. 

In the course of the investigation, the Committee did learn facts 

that are relevant to the broader policy debate about the need for 

effective standards to eliminate performance-enhancing drugs in 

professional sports. The Committee received information that the 

use of performance-enhancing amphetamines may be a significant 

problem in Major League Baseball. In addition, interviews with Mr. 

Palmeiro and another player raised questions about the integrity 

of the sample collection procedures in the current MLB drug testing program. 

II. INTRODUCTION

In 1991, anabolic steroids were added to the Federal Controlled 

Substance Act as a Schedule III drug, making it illegal to possess 

or sell anabolic steroids without a valid prescription.1 Despite this 

Federal criminal prohibition, use among teenagers—especially 

young, aspiring athletes—is a large and growing problem. According to a 2003 Centers for Disease Control and Prevention survey, 

more than 1 million high school students have tried steroids, nearly triple the number just 10 years ago.2 A second national survey, 

3 

3Lloyd D. Johnston, et al., National Institute on Drug Abuse, Monitoring the Future: National 

Survey Results on Drug Use, 1975–2004: Volume I, Secondary school students, 335 (2005). 4 New York Yankee Roger Maris set the single season home run record with 61 home runs 

in 1961. This record was broken in 1998 and has been surpassed six times since. In 1998, St. 

Louis Cardinal Mark McGwire hit 70 home runs. In 2001, San Francisco Giant Barry Bonds 

hit 73 home runs. In addition, Sammy Sosa, then of the Chicago Cubs, hit 66 home runs in 

1998, 63 home runs in 1999, and 64 home runs in 2001; McGwire hit 65 home runs in 1999. 

New York Yankee Babe Ruth set the single season slugging average of .847 in 1920. This record 

stood until 2001, when Bonds set the new record at .863, available at www.baseball-almanac.com (last visited Nov. 9, 2005). 5See generally Donna Liquori, At a Shrine to Baseball, Steroid Inquiry Inspires Shame, N.Y. 

Times, Dec. 5, 2004, at 46 (discussing rumors of steroid use by Barry Bonds and Jason Giambi); 

Peter Roby, Baseball’s Bulging Crisis, Boston Globe, Dec. 8, 2004, at A19 (discussing rumors 

of steroid use by Barry Bonds, Jason Giambi, Mark McGwire, and Sammy Sosa); Christian Red, 

Van Slyke: I’m Certain that Bonds Used ’Roids, Daily News (N.Y.), May 5, 2004, at 63 (discussing rumors of steroid use by Barry Bonds, Jason Giambi, and Gary Sheffield). 6 Bob Nightengale, Steroids Become an Issue; Baseball: Many Fear Performance-Enhancing 

Drugs is Becoming Prevalent and Believe Something Must Be Done, Los Angeles Times, July 15, 

2995, at C1. 7 Jerry Crasnick, Get a Load of This! All Over the Major Leagues, Baseball Players are Taking 

a Powder—Creatine, Which is Becoming as Much a Part of Strength Training as Barbells and 

Free Weights, Denver Post, July 28, 1997, at D–01. 8 James C. McKinley, Jr., Guessing the Score: Open Secret: Steroid Suspicions Abound In 

Major League Dugouts, N.Y. Times, Oct. 11, 2000, at A1. 9See Rick Reilly, The ’Roid to Ruin, Sports Illustrated, Aug. 21, 2000, at 92; Tom Verducci, 

et al., Totally Juiced; With the Use of Steroids and Other Performance Enhancers Rampant, According to a Former MVP and Other Sources, Baseball Players and Their Reliance on Drugs 

Have Grown to Alarming Proportions, Sports Illustrated, June 3, 2002. 10 Jose Canseco, Juiced: Wild Times, Rampant ’Roids, Smash Hits, and How Baseball Got 

Big.’’ (2005). 11 Id. 12 Id. at 133, 135–36. 

conducted in 2004 by the National Institute on Drug Abuse and the 

University of Michigan, found that over 40 percent of 12th graders 

described steroids as ‘‘fairly easy’’ or ‘‘very easy’’ to get, and the 

perception among high school students that steroids are harmful 

has dropped from 71 percent in 1992 to 56 percent in 2004.3

After the 1994 MLB players strike, rumors and allegations of 

steroid use in the league began to surface. During this timeframe, 

several longstanding records were broken.4 Along with these broken records came allegations and rumors of steroid use among 

MLB’s star players.5 Despite the circulating rumors of illegal drug 

use, as well as reports in numerous national news publications, including the Los Angeles Times,6 the Denver Post,7 the New York 

Times,8 and Sports Illustrated,9 MLB and the Major League Baseball Players Association (‘‘Players Association’’) did not adopt a collective bargaining agreement that banned the use of steroids until 

2002. The result was almost a decade’s worth of unanswered questions shadowing the validity of the new MLB records and the integrity of the game itself. 

In February 2005, former MLB All-Star and MVP Jose Canseco 

released his book, Juiced: Wild Times, Rampant ’Roids, Smash 

Hits, and How Baseball Got Big.10 In his book, Mr. Canseco identified well-known MLB players as steroid users, and alleged that 

there was extensive use of steroids in baseball during his 17-year 

career.11 Mr. Canseco identified Rafael Palmeiro as one of the players who took steroids with him while playing for the Texas Rangers.12

After Commissioner Allan H. (‘‘Bud’’) Selig made public statements that MLB would not launch an investigation into the allegations raised by Mr. Canseco, Ranking Member Henry A. Waxman 

wrote to Chairman Tom Davis asking for a Committee hearing ‘‘to 

find out what really happened and to get to the bottom of this 

4 

13Letter from Henry A. Waxman, ranking member, House Committee on Government Reform, 

to Tom Davis, chairman, House Committee on Government Reform (Feb. 24, 2005). 14 Id. 15 Craig Barnes, Palmeiro, Saunders Would Testify, Sun-Sentinel (Ft. Lauderdale), Feb. 26, 

2005, at 4C. 16Letter from Tom Davis, chairman and Henry A. Waxman, ranking member, House Committee on Government Reform, to Rafael Palmeiro, Baltimore Orioles (Mar. 4, 2005). 17 Id. 18 Jorge Arangure, Jr., Palmeiro Won’t Testify in House, Washington Post, Mar. 5, 2005, at 

D09. 19 Id. 20Letter from Peter G. Angelos, owner, Baltimore Orioles, to Chairman Tom Davis and Ranking Member Henry A. Waxman, House Committee on Government Reform (Mar. 9, 2005) [hereinafter Angelos letter]. 

growing scandal.’’ 13 In highlighting the need for a hearing, Representative Waxman reasserted President Bush’s remarks from his 

2004 State of the Union Address that ‘‘the use of performance-enhancing drugs like steroids in baseball, football and other sports is 

dangerous, and it sends the wrong message—that there are shortcuts to accomplishment, and that performance is more important 

than character.’’ 14

Chairman Davis shared Representative Waxman’s concerns regarding the use of steroids in professional sports and the message 

it sends to America’s youth. In a day and age when parents must 

worry about teaching their children the dangers of recreational 

drug use, Chairman Davis recognized parents are now confronted 

with the additional responsibility of teaching their children the 

dangers of anabolic steroids and performance-enhancing drugs. 

Such education is necessary not only for teenage athletes, but also 

for young children playing in little league sports. In light of their 

shared concern, Chairman Davis and Representative Waxman 

agreed to hold a hearing, entitled ‘‘Restoring Faith in America’s 

Pastime: Evaluating Major League Baseball’s Efforts to Eradicate 

Steroid Use,’’ on March 17, 2005. 

As news of the Committee’s hearing reached the professional 

baseball community, MLB players shared their thoughts and reactions with the press. On February 26, 2005, an article entitled, 

‘‘Palmeiro, Saunders Would Testify’’ ran in the Sun Sentinel, stating, ‘‘Orioles Rafael Palmeiro and Tony Saunders said they would 

have no problem talking to Congress.’’ 15

Following the publication of the Sun Sentinel article, Chairman 

Davis and Representative Waxman sent Mr. Palmeiro an invitation 

letter for the March 17 hearing on March 4, 2005.16 The letter stated that Mr. Palmeiro could use his written or oral testimony to 

clear his name under oath.17 On March 5, 2005, an article entitled, ‘‘Palmeiro Won’t Testify in House,’’ ran in the Washington Post.18

When asked about the March 17 hearing, Mr. Palmeiro stated the 

following: ‘‘That’s my wife’s birthday. That should tell you right 

there what the answer is. . . . Honestly, I don’t really have anything to say on the subject. I don’t want anything to do with that 

stuff. All I’m interested in right now is just getting ready to play 

baseball and stay here with my team. I’m flattered that they’ve invited me, but I’ll respectfully decline the invitation.’’ 19

Following Mr. Palmeiro’s public statements, the Committee received no direct communication from Mr. Palmeiro or his representatives declining the invitation. On March 9, 2005, Chairman Davis 

and Representative Waxman received a letter via facsimile from 

the owner of the Baltimore Orioles, Peter G. Angelos.20 The letter 

5 

21Press release, Baltimore Orioles, Orioles Statements on Canseco Book (Feb. 7, 2005) (on file 

with the Baltimore Orioles). 22 Id. 23 Angelos letter, supra note 20. 24 Restoring Faith in America’s Pastime: Evaluating Major League Baseball’s Efforts to Eradicate Steroid Use,’’ hearing before the House Committee on Government Reform, 109th Cong. 

(2005) [hereinafter Mar. 17, 2005 hearing]. 25 Id. 26Mar. 17, 2005 hearing, supra note 24, at 227 (statement of Rafael Palmeiro). 27 Id. at 238. 28 Id. at 240. 29 Id. at 256. 30 Id. at 247. 31 Id. at 259. 32Mar. 17, 2005 hearing, supra note 24, at 206–07 (statement of Chairman Tom Davis). 

referred to an attached February 7, 2005, press release from the 

Orioles in response to Jose Canseco’s book, Juiced.21 The press release quoted Mr. Palmeiro as saying ‘‘I categorically deny any assertion made by Jose Canseco that I used steroids. At no point in 

my career have I ever used steroids, let alone any substance 

banned by Major League Baseball. As I have never had a personal 

relationship with Canseco, any suggestion that he taught me anything, about steroid use or otherwise, is ludicrous . . . .’’ 22 Mr. 

Angelos’ letter did not decline Mr. Palmeiro’s invitation, but argued 

that Mr. Palmeiro’s testimony at the March 17 hearing would serve 

no legitimate public purpose.23

On March 10, 2005, the Committee issued and served, by agreement, on Mr. Palmeiro’s attorney, a subpoena for Mr. Palmeiro to 

appear at the Committee’s March 17 hearing. Mr. Palmeiro testified at the hearing, along with Curt Schilling of the Boston Red 

Sox and Sammy Sosa of the Baltimore Orioles, as well as former 

MLB players Mark McGwire and Jose Canseco.24 Frank Thomas of 

the Chicago White Sox testified via television satellite.25 All players testified pursuant to a subpoena at the hearing. In his opening 

statement, Mr. Palmeiro directly addressed Mr. Canseco’s allegations: 

Let me start by telling you this: I have never used 

steroids, period. I do not know how to say it any more 

clearly than that. Never. The reference to me in Mr. 

Canseco’s book is absolutely false. I am against the use of 

steroids. I don’t think athletes should use steroids, and I 

don’t think our kids should use them.26

Throughout his testimony, Mr. Palmeiro reiterated his feelings 

regarding steroids and MLB’s steroid testing policy. Mr. Palmeiro 

testified that he believed players should be suspended for steroid 

use,27 and that he would play under the rules of the Olympics, 

which call for a 2-year suspension for the first positive steroid test 

and a lifetime ban for a second positive steroid test.28 Mr. Palmeiro 

also stated that if MLB did not come forward with a more stringent 

policy, he would be happy to come back to Congress and address 

the problem again.29 Mr. Palmeiro testified that he agreed that 

using steroids is cheating 30 and he testified that ‘‘as long as there’s 

[sic] positive tests, it’s wrong and we need to clean it up.’’ 31

During the hearing, Chairman Davis also announced the formation of ‘‘Zero Tolerance,’’ an advisory committee designed to work 

on ending the use of performance-enhancing drugs in sports.32 Curt 

Schilling and Frank Thomas were designated as Co-Chairs for Zero 

6 

33 Id. 34Mar. 17, 2005 hearing, supra note 24, at 227 (statement of Rafael Palmeiro). 35 Jorge Arangure, Jr., Palmeiro Makes His Point; Steroid Testimony ‘‘Was Speaking From the 

Heart,’’ Washington Post, Mar. 19, 2005, at D07. Roch Kubatko, Palmeiro Returns, Moved by 

his Day with Congress; ‘‘I Think Some Good Will Come Out of This,’’ He Says, Baltimore Sun, 

Mar. 19, 2005, at 1C. 36 Jorge Arangure, Jr., Palmeiro Makes His Point; Steroid Testimony ‘‘Was Speaking From the 

Heart,’’ Washington Post, Mar. 19, 2005, at D07. 37Press release, Baltimore Orioles, Statement from Rafael Palmeiro (Aug. 1, 2005) available at http://baltimore.orioles.mlb.com (last visited Nov. 9, 2005). 

38MLB confirmed this information during a meeting with committee staff on Aug. 12, 2005. 

The Players Association confirmed this information during an Aug. 15, 2005 meeting with committee staff. 39 ‘‘Whoever having taken an oath before a competent tribunal, officer, or person, in any case 

in which a law of the United States authorizes an oath to be administered, that he will testify, 

declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, 

or both. This section is applicable whether the statement or subscription is made within or without the United States.’’ 18 U.S.C. § 1621 (1) (2004). 

Tolerance.33 In his statement to the Committee, Mr. Palmeiro testified: 

To the degree an individual player can be helpful, perhaps 

as an advocate to young people about the dangers of 

steroids, I hope you will call on us. I, for one, am ready 

to heed the call. Mr. Chairman, I think the task force is 

a great idea to send the right message to kids about 

steroids. If it is appropriate, I would like to serve with Mr. 

Schilling and Mr. Thomas.34

Subsequently, Chairman Davis offered Mr. Palmeiro a position on 

Zero Tolerance, and Mr. Palmeiro accepted. 

The day after the hearing, Mr. Palmeiro spoke with the press regarding his testimony. Mr. Palmeiro’s comments were reported in 

the Washington Post and the Baltimore Sun on March 19, 2005.35

Mr. Palmeiro stated, ‘‘They brought me in basically to give me a 

chance to clear my name and speak my heart. I’m very happy that 

I went . . . . I think it’s our obligation to take a stand against 

steroids and make a positive out of this whole thing.’’ 36

On August 1, 2005, MLB announced that Mr. Palmeiro had violated MLB’s Joint Drug Prevention and Treatment Program and 

would be suspended for 10 days. On the same day, Mr. Palmeiro 

conducted a media conference call, during which he read a statement that included, ‘‘I am here to make it very clear that I have 

never intentionally used steroids. Never. Ever. Period.’’ 37 It was 

later confirmed to the Committee by MLB and the Players Association that Mr. Palmeiro tested positive for the steroid stanozolol.38

After learning of Mr. Palmeiro’s positive test results, the Committee opened an investigation to determine whether or not to refer 

this matter to the Department of Justice for further investigation 

and possible prosecution for perjury.39 This report sets forth the results of this investigation. 

III. THE EVIDENCE EXAMINED BY THE COMMITTEE

On August 2, 2005, Mr. Palmeiro spoke to Chairman Davis and 

agreed to cooperate fully with the Committee’s perjury investigation, including providing access to documentation from MLB regarding Mr. Palmeiro’s positive drug test and the subsequent arbitration proceedings. In addition to reviewing documents, the ComVerDate Aug 31 2005 15:19 Nov 19, 2005 Jkt 049006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR310.XXX HR310
7 

40Letter from Chairman Tom Davis and Ranking Member Henry A. Waxman, House Committee on Government Reform, to Allan H. Selig, commissioner, MLB (Aug. 3, 2005). 41On Aug. 22, 2005, committee staff conducted a detailed discussion with Christiane Ayotte, 

Ph.D. regarding the testing performed on Mr. Palmeiro’s May 4, 2005 urine sample. Telephone 

interview by House Committee on Government Reform staff with Dr. Ayotte, Ph.D., Aegis Laboratories, in Washington, DC (May 4, 2005). Dr. Ayotte confirmed that Mr. Palmeiro’s urine 

sample was divided into sample A and sample B. (Id.) Aegis Laboratories ran a screening and 

a confirmatory steroid test on sample A, both of which came back positive for stanozolol and 

two of its metabolites. (Id.) At Mr. Palmeiro’s request, Aegis ran another confirmatory steroid 

test on sample B, which also came back positive for stanozolol. (Id.) 42 Arbitration transcript at 52, Major League Baseball Players Association v. Office of the 

Commissioner of Baseball, Major League Baseball Arbitration Panel Decision No. 110, GrievContinued 

mittee also conducted interviews and obtained information from 

relevant individuals, including current and former teammates of 

Mr. Palmeiro, medical personnel from the Baltimore Orioles and 

the Texas Rangers, and other experts. All interviews were given 

voluntarily. 

In the course of the Committee’s investigation, the evidence the 

Committee obtained included the following: • Arbitration proceedings regarding Mr. Palmeiro’s case conducted by Major League Baseball on June 16, 2005 and July 

14, 2005; • Documents from a polygraph test taken by Mr. Palmeiro on 

June 13, 2005; • Mr. Palmeiro’s Major League Baseball drug test results 

from 2003 and 2005; • An interview of Mr. Palmeiro by Committee staff on August 

25, 2005; • An interview of Mr. Palmeiro’s wife, Lynn Palmeiro, by 

Committee staff on August 25, 2005; • Interviews with other players and officials of the Baltimore 

Orioles; • Interviews with players and officials of the Texas Rangers 

during Mr. Palmeiro’s time with the Texas Rangers; and • Correspondence with Jose Canseco. 

A. MLB Arbitration Proceedings 

On August 3, 2005, Chairman Davis and Representative Waxman sent a letter to MLB Commissioner Bud Selig requesting documents that would allow the Committee to ‘‘learn more about the 

circumstances that led Major League Baseball to suspend Rafael 

Palmeiro for use of a banned substance.’’ 40 On August 12, 2005, 

MLB delivered the following documents to the Committee: 

1. The Certificate of Analysis that accompanied Mr. 

Palmeiro’s urine sample from the time the sample was 

given to the testing facility; 41

2. A May 2005 timeline of events regarding Mr. Palmeiro’s 

positive test results; 

3. The transcript from the June 16, 2005 and July 14, 2005 

arbitration between the Players Association and the Office 

of the Commissioner of Baseball and exhibits presented 

during the arbitration process; and 

4. Six correspondences and press releases in possession of 

MLB related to Mr. Palmeiro’s positive test result. 

The arbitration record revealed that, on May 4, 2005, Mr. 

Palmeiro was selected for a random, unannounced test under 

MLB’s testing program.42 On approximately May 19, 2005, Mr. 

8 

ance No. 2005–12 (R. Palmeiro) (June 16, 2005) (Das, Arbitration) [hereinafter Palmeiro arbitration transcript]. 43May 2005 Positive Test Result for Steroid, Rafael Palmeiro timeline from MLB to House 

Committee on Government Reform (Aug. 12, 2005) [hereinafter MLB timeline]. 44See MLB, Joint Drug Prevention and Treatment Program (2005) (also referred to as Attachment 18 of the 2003–2006 Basic Agreement) § 9 (C) [hereinafter MLB testing program]. 45MLB timeline supra note 43. The HPAC consisted of four members: Robert Manfred, MLB’s executive vice president for labor and human resources, Gene Orza, the chief operating officer 

and associate general counsel of the Player’s Association, and two physicians, one appointed by 

MLB and one appointed by the Player’s Association. 46MLB timeline, supra note 43. 47 Id. 48 Id. 49 Id. 50MLB testing program, supra note 44. 51MLB timeline, supra note 43. MLB testing program, supra note 44. 52MLB timeline, supra note 43. 53The arbitration panel consisted of three members: John McHale, representing MLB, Steven 

A. Fehr, representing the Players Association, and independent member Shyam Das. 54Palmeiro arbitration transcript, supra note 42. 55 Id. at 62–63. 56 Id. at 54–55, 63–64. Mr. Palmeiro’s Aug. 25, 2005 interview with committee staff was consistent with his testimony before the arbitration panel as to the nutritional supplements he took 

during the 2005 season. (Interview by House Committee on Government Reform with Rafael 

Palmeiro was notified by the Players Association that he had tested 

positive for the steroid stanozolol.43 MLB’s program provides procedures for players to challenge a positive test result.44 On May 25, 

2005, Michael Weiner, general counsel for the Players Association, 

notified the Health Policy Advisory Committee [HPAC] of Mr. 

Palmeiro’s intent to challenge his positive test result.45 On June 9, 

2005, HPAC held a conference call with Mr. Palmeiro.46 Because 

at least one HPAC member concluded that Mr. Palmeiro had a 

‘‘reasonable basis to challenge’’ his positive test result,47 Mr. 

Palmeiro was permitted to present his challenge in front of an arbitration panel.48

While Mr. Palmeiro followed the necessary steps to present his 

challenge to the arbitration panel, MLB Commissioner Selig continued to follow through with Mr. Palmeiro’s discipline. On June 10, 

2005, Mr. Selig sent Mr. Palmeiro a written notice of his 10-day 

suspension which was set to begin on June 14.49 MLB’s program 

calls for suspensions to begin 2 business days after the discipline 

is issued.50 On June 13, 2005, Mr. Palmeiro filed a formal grievance to challenge his discipline, permissible under MLB’s program.51 Consequently, the discipline was stayed until the arbitration panel reached its findings.52

On June 16, 2005, the arbitration panel started its proceedings 

to review Mr. Palmeiro’s grievance.53 Francis Q. Coonelly, general 

labor counsel for MLB’s Labor Relations Department, argued for 

MLB, and Mr. Weiner, general counsel for the Players Association, 

represented the Players Association and Mr. Palmeiro. Mr. 

Palmeiro testified on his own behalf at the hearing under oath. As 

part of his arbitration, Mr. Palmeiro testified that he had never 

taken steroids and that he had never used any illegal drugs.54

According to the arbitration record, after learning of his positive 

test result, Mr. Palmeiro turned over to the Players Association the 

supplements he consumed prior to his urine test.55 Mr. Palmeiro 

stated he took EAS Active Repair Betagen, a form of Creatine purchased at General Nutrition Centers [GNC]; an EAS shake; 

Myoplex Carb Sense EAS shake; High Potency Ultra Vita Man; 

and Gatorade Performance Series Nutritional Shakes and Gatorade 

Performance Series Energy Drink.56 Mr. Palmeiro stated that both 

9 

Palmeiro, baseball player for the Baltimore Orioles in Washington, DC (Aug. 25, 2005)). In addition, Mr. Palmeiro stated he had protein powder in his locker that was not tested by the Players 

Association. (Id. at 25). Mr. Palmeiro stated he had not consumed any of the powder in the 4 

months prior to the interview. (Id. at 26) The only other ‘‘supplements’’ Mr. Palmeiro stated he 

consumed that were not tested were energy drinks provided to Mr. Palmeiro by his personal 

trainer during the off-season. (Id. at 30–33). 57Palmeiro arbitration transcript, supra note 42, at 93–96. 58 Id. at 53–54. 59 Id. at 54. 60 Id. at 55. 61 Id. at 63–64, 93–96. 62 Id. at 64. 63 Id. at 64–65. 64 Id. at 55–56, 71. 65 Id. at 76–77. 66 Id. at 72. 67 Id. at 79–80. 68 Id. at 87–88. 69 Id. at 58. 70 Id. at 75. 71 Id. at 74–75. 72 Id. at 60–61. 73 Id. at 59. 

Gatorade products were provided by the Orioles.57 Mr. Palmeiro 

also testified that he could not recall taking prescription medication, although it was possible he had received an allergy shot.58 In 

addition, Mr. Palmeiro stated that he had taken over-the-counter 

pain and allergy medication 59 and multivitamins purchased at 

GNC,60 a national retail health store. The Players Association testified that Aegis Labs tested all the supplements Mr. Palmeiro consumed.61 The laboratory found that none of these substances contained steroids or precursors.62 On May 27, 2005, Mr. Palmeiro 

gave a second urine sample to be tested by Aegis Labs. This urine 

sample tested negative for all substances banned by MLB.63

Mr. Palmeiro also testified that in mid-April 2005, his Baltimore 

Orioles teammate, Miguel Tejada, gave him a vial containing what 

Mr. Palmeiro believed was liquid vitamin B–12 64 and one syringe.65 According to Mr. Palmeiro’s account: 

• This was the first time in his career that another player offered him B–12 or any injectable drug.66

• The vial’s label was in Spanish.67

• He decided not to ask the Orioles medical staff to administer the shot.68

• He brought the vial to his home and asked his wife, Lynn 

Palmeiro, to give him the injection.69

• Mrs. Palmeiro had no medical training and had never administered a shot to another person, but she frequently injected their two dogs with medication.70

• When Mrs. Palmeiro administered the B–12 shot, it was the 

first time someone other than a trained medical professional had given him a shot.71

• A few days after the shot, Mrs. Palmeiro discarded the vial 

with a small amount of B–12 remaining in it.72

Mr. Weiner stated that after the Players Association was informed that Mr. Palmeiro had used the substance given to him by 

Mr. Tejada, the Players Association requested and received a vial 

labeled Tiaminal B–12, 50,000 from Mr. Tejada.73 Mr. Palmeiro did 

not personally inspect the vial the Players Association received 

from Mr. Tejada, but examined pictures of the vial. Mr. Palmeiro 

testified that the vial in the picture looked similar to the vial he 

10 

74 Id. at 60. 75 Id. at 62. 76 Id. at 82. 77 Id. at 57. 78 Id. at 144–45. 79 Id. 80 Id. at 145. 81 Id. at 144. 82 Id. at 66. 83 Id. 84 Id. at 68. 85 Id. at 69. 86 Id. at 83. 87 Id. at 82–83. 

received from Mr. Tejada.74 Mr. Weiner further explained that 

Aegis Labs tested the vial of Tiaminal B–12, 50,000 and found the 

vial contained no steroids or precursors.75

During the arbitration, Mr. Palmeiro was questioned extensively 

regarding the B–12 he received from Mr. Tejada and whether the 

B–12 could have led to Mr. Palmeiro’s positive steroid test. When 

asked whether Mr. Tejada would have any reason to give Mr. 

Palmeiro a substance containing steroids, Mr. Palmeiro answered, 

‘‘I wouldn’t think so. I mean that’s why I got it from him. I didn’t 

suspect that he would be on anything. I mean he’s Miguel Tejada, 

he’s a teammate. He’s like a brother to me.’’ 76

As part of his testimony, Mr. Palmeiro explained that he thought 

Mr. Tejada may have offered the B–12 because Mr. Tejada saw 

that Mr. Palmeiro went through a stressful spring training and 

that Mr. Tejada may have seen that Mr. Palmeiro was ‘‘tired and 

rundown.’’ 77 Dr. Gary Green, a medical expert and an adviser to 

MLB on steroid issues, testified during the arbitration proceedings 

that there was no medical reason for Mr. Palmeiro to take vitamin 

B–12 by injection.78 Dr. Green stated that the only individuals who 

would need a B–12 shot are individuals who suffer from a rare condition known as pernicious anemia and are not able to absorb B– 12 through food or tablets taken orally.79 He stated it is not legal 

in the United States to take an injectible B–12 without a prescription, because liquid B–12 is a prescription medication.80 He also 

stated that ‘‘[t]here has [sic] been no studies to demonstrate that 

. . . in someone who is not B–12 deficient that B–12 would have 

any effect on energy at all.’’ 81

Mr. Coonelly and Mr. Weiner each questioned Mr. Palmeiro as 

to how the stanozolol could have entered his body. Mr. Palmeiro 

testified that he had ‘‘no idea’’ and ‘‘no explanation’’ for how 

stanozolol entered his urine.82 Further, Mr. Palmeiro stated, ‘‘I 

have never ever in my life used any type of steroids, any drugs, 

anything that’s illegal,’’ 83 ‘‘I have never used an illegal steroid,’’ 84

‘‘I have never used an illegal drug in my life,’’ 85 and ‘‘[y]ou know, 

like I said before, under oath twice now, I have never taken 

steroids in my life. I have no idea how this got into my system.’’ 86

When asked whether Mr. Palmeiro believed his positive test was 

a result of taking the B–12 provided by Mr. Tejada, Mr. Palmeiro 

responded, ‘‘I don’t know that, no.’’ 87

For purposes of the arbitration, MLB and the Players Association 

stipulated that the MLB policy: 

was not intended to provide for discipline of a Player when 

the presence of a Steroid in the Player’s urine was not due 

to his fault or negligence. To prevail under this exception 

11 

88Major League Baseball Players Association v. Office of the Commissioner of Baseball, Major 

League Baseball Arbitration Panel Decision No. 110, Grievance No. 2005–12 (R. Palmeiro) at 

4 (Aug. 4, 2005) (Das, Arbitration) [hereinafter Palmeiro arbitration decision]. 89 Id. 90Palmeiro arbitration transcript, supra note 42, at 196. 91 Id. 92 Id. at 199. 93 Id. at 201–03. 94 Id. at 208. 95 Id. at 212–17. 96 Id. at 218–19. 97 Id. at 221. 98 Id. 99 Id. 100 Id. at 222. 

to the general rule, the Player has the burden to establish 

that his ‘‘positive’’ test result was not due to his fault or 

negligence.88

In addition, ‘‘[a] Player cannot satisfy his burden under such a defense by merely denying that he intentionally used a Steroid . . . . 

[T]he Player would need to provide objective evidence in support of 

his denial.’’ 89

On July 14, 2005, closing arguments were given, for which Mr. 

Palmeiro was not present. Mr. Coonelly argued that the arbitration 

panel could not conclude, based on the record presented, that Mr. 

Palmeiro’s positive test result was not due to fault or negligence on 

Mr. Palmeiro’s part.90 According to Mr. Coonelly, Mr. Palmeiro offered no evidence to support his assertion that his positive test result was not due to his own fault or negligence.91

Mr. Coonelly argued that Mr. Palmeiro was clearly negligent in 

the manner in which he had obtained the substance from Mr. 

Tejada, calling Mr. Palmeiro’s story ‘‘far-fetched and odd.’’ 92 Mr. 

Coonelly also stated there was no indication that the substance in 

the B–12 vial in question had been contaminated with stanozolol, 

no indication generally that vials labeled as B–12 have ever been 

unintentionally contaminated with stanozolol, and no reason to believe that the shot of the substance in the B–12 vial was the cause 

of the positive test.93

In addition, Mr. Coonelly raised the question of whether Mr. 

Palmeiro may have committed perjury at the March 17 hearing, arguing that he may have been ‘‘arrogant [or] desperate to deny the 

fact of his steroid use.’’ 94 Mr. Coonelly argued that a polygraph administered to Mr. Palmeiro failed to contain explicit denials of steroid use.95 Finally, he argued that two other pieces of evidence—the 

allegation of steroid use contained in Jose Canseco’s book and the 

fact that Mr. Palmeiro’s home run production increased soon after 

he met Mr. Canseco—reduced Mr. Palmeiro’s credibility and led to 

the conclusion that Mr. Palmeiro failed to meet the burden of proving that he did not receive the stanozolol through this own fault 

or negligence. 96

Mr. Weiner argued that Mr. Palmeiro had ‘‘nothing to gain and 

everything to lose by using steroids in 2005.’’ 97 According to Mr. 

Weiner, Mr. Palmeiro had no financial incentive, as it was the last 

year of his career; 98 Mr. Palmeiro had no on-field incentive, as Mr. 

Palmeiro’s goal was to achieve approximately 70 hits to get to the 

3,000 hits milestone; 99 and Mr. Palmeiro had no medical incentive, 

as he was not recovering from an injury.100

12 

101 Id. at 233. 102 Id. 103The final decision of the arbitration panel was 2–1, with Mr. Fehr dissenting. 104MLB timeline, supra note 43. 105Palmeiro Arbitration Decision, supra note 88, at 17. 106Polygraph examination summary by W. Ronald Lilly of Lilly Polygraph Services, from MLB 

to House Committee on Government Reform (Aug. 12, 2005). 107 Id. 108 Id. 109On Aug. 29, 2005, attorneys for Mr. Palmeiro delivered the charts from the polygraph 

exam to the committee. Letter from Adam C. Sloane, attorney for Rafael Palmeiro, to House 

Committee on Government Reform staff (Aug. 23, 2005). 

Throughout the arbitration process, Mr. Palmeiro was represented by Mr. Weiner and the Players Association, not private 

counsel. The Players Association did not argue the substance in the 

B–12 vial taken by Mr. Palmeiro resulted in his positive test result.101 In fact, Mr. Weiner argued just the opposite, stating in 

closing arguments, ‘‘The Players Association does not contend that 

the B–12 shot that Mr. Palmeiro took caused his positive test result. We have no evidence to suggest that. As a matter of fact, all 

of the evidence that exists runs in the other direction.’’ 102

On August 1, 2005, the arbitration panel denied Mr. Palmeiro’s 

grievance 103 and Commissioner Selig announced Mr. Palmeiro’s 

10-day suspension.104 On August 4, 2005, the arbitration panel released its formal opinion denying Mr. Palmeiro’s grievance, stating: 

The result reached by the Panel is based on the 

uncontested positive test result and our determination that 

the evidence in this record is not sufficient for the Player 

to meet his burden of proof . . . . The panel considers it 

important to point out that our decision does not equate to 

a finding or belief that Rafael Palmeiro—whose testimony 

in many respects was quite compelling—was untruthful in 

his testimony before this Panel or any other body.105

B. Polygraph Documents 

Attached to the arbitration documents was a Polygraph Examination Summary by W. Ronald Lilly of Lilly Polygraph Services, 

dated June 14, 2005.106 Mr. Lilly administered a polygraph examination to Mr. Palmeiro on June 13, 2005. The arbitration documents included the following two questions: 

Q: When you received that B–12, did you know that it 

contained a steroid? 

A: No. 

Q: When you received that B–12 this past April, did you 

know that it contained a steroid? 

A: No.107

The examination summary stated, ‘‘It is the opinion of this examiner that Mr. Palmeiro passed his examination, as he did not 

record responses that were indicative of deception.’’ 108

On August 23, 2005, Mr. Palmeiro’s attorneys sent to the Committee, via facsimile, additional documents relating to the polygraph examination.109 The documents included all questions posed 

to Mr. Palmeiro during the June 13, 2005, polygraph examination. 

In addition to the two questions cited in Lilly’s Polygraph Examination Summary, Mr. Palmeiro was also asked the following: 

13 

110Polygraph exam questions by W. Ronald Lilly of Lilly Polygraph Services, from attorneys 

for Rafael Palmeiro to House Committee on Government Reform staff (Aug. 23, 2005). 111Transcript at 178–79, interview by House Committee on Government Reform staff with 

Rafael Palmeiro, baseball player for the Baltimore Orioles, in Washington, DC (Aug. 25, 2005) 

[hereinafter interview with Rafael Palmeiro]. 112 Id. 113Letter from Rob Manfred, executive vice president, labor and human resources, MLB to 

Chairman Tom Davis and Ranking Member Henry A. Waxman, House Committee on Government Reform (Aug. 12, 2005). 114MLB timeline, supra note 43. 115 Certificate of analysis from Laboratorie de control du dopage (Quebec) to Dr. Jean Joseph 

(Certificate No. 05–0532AA) (May 19, 2005) (on file with MLB). 116Letter from Gary I. Wadler, clinical associate professor of medicine at New York University 

School of Medicine, to Tom Davis, chairman, House Committee on Government Reform (Oct. 27, 

2005). 

Q: Did you unknowingly receive a B–12 supplement that 

contained a steroid? 

A: Yes. 

Q: Do you recall ever secretly doing anything that would 

have caused shame or dishonor to your family? 

A: No. 

Q: In the past year, did you ever seriously think about violating your personal beliefs by doing something unlawful? 

A: No. 

Q: Are you the kind of person who would lie in order to 

protect someone involved in an unlawful activity? 

A: No.110

During his interview with Committee staff, Mr. Palmeiro was 

questioned about the polygraph examination and why the examiner 

did not ask Mr. Palmeiro whether he knowingly took steroids.111

Mr. Palmeiro responded: ‘‘I’m not sure. I did not set it up. I have 

never done a polygraph test in my life. I didn’t know what to expect. I was just there to answer the questions that they put in front 

of me.’’ 112

C. Results of Rafael Palmeiro’s Drug Tests 

Mr. Palmeiro was tested for steroids under the MLB drug testing 

program in 2003, 2004, and 2005.113

In 2005, Mr. Palmeiro’s only test was the May 4 test.114 This 

sample was positive for stanozolol and stanozolol metabolites, and 

contained no other banned substances.115 Stanozolol, also commonly referred to as Winstrol, is available in both oral and 

injectable form. An independent expert informed Committee staff 

that the detection window for injectable stanozolol is approximately 

3 to 4 weeks, and the detection window for oral consumption of 

stanozolol is approximately 7 to 10 days.116 Mr. Palmeiro’s May 4 

test occurred approximately 6 weeks after his March 17 testimony. 

This makes it likely that the consumption of stanozolol that resulted in Mr. Palmeiro’s positive test occurred after his testimony 

to the Committee. 

14 

117Letter from Robert D. Manfred, Jr., executive vice president, labor and human resources, 

MLB, to Tom Davis, chairman and Henry A. Waxman, ranking minority member, House Committee on Government Reform (Aug. 12, 2005). 118 Id. 119 Id. 120 Id. 121 Id. 122Letter from Adam C. Sloane, attorney for Rafael Palmeiro, to House Committee on Government Reform staff (Aug. 29, 2005). 123 Report from Quest Diagnostics (Las Vegas, NV) to Comprehensive Drug Testing, Inc. (Long 

Beach, CA) (Mar. 19, 2003). 124 Interview with Rafael Palmeiro, supra note 111. 125 Id. at 5. 126 Id. at 33–34. 127 Camden Yards, Baltimore, MD. 128 Interview with Rafael Palmeiro, supra note 111, at 34. 129 Id. at 57. 130 Id. 131 Id. at 59–60. 

In 2004, Mr. Palmeiro was also randomly tested under the MLB 

testing program.117 The Committee was informed by MLB that copies of the 2004 testing results were no longer available.118 However, MLB also informed the Committee that all positive tests were 

required to be reported to the Commissioner’s office as positive.119

Because the results for the 2004 test were not reported to the Commissioner’s office as a positive, Mr. Palmeiro’s test results must 

have been negative.120

MLB also informed the Committee that test results of players in 

2003 were maintained anonymously and were not provided to 

MLB, the Players Association, or to individual players.121 This anonymity was because the 2003 testing was conducted to provide a 

sampling of positive results of performance-enhancing drugs in professional baseball. However, despite being unaware of his 2003 test 

results, Mr. Palmeiro agreed to allow the results to be released to 

the Committee.122 The requested 2003 test results were delivered 

to the Committee on September 27, 2005. According to these results, Mr. Palmeiro was tested on March 14, 2003, and his test result for performance-enhancing drugs was negative.123

D. Interview with Rafael Palmeiro 

On August 25, 2005, Committee staff conducted an in-person 

interview of Rafael Palmeiro.124 Mr. Palmeiro stated that he stood 

by his testimony from the March 17, 2005 hearing, and that there 

was nothing he would like to change or alter with regard to his testimony.125 Mr. Palmeiro added that he never used any legal or illegal performance-enhancing drug, and that he had never used 

Dehydroepiandrosterone, commonly known as ‘‘DHEA,’’

Androstenedione, commonly known as ‘‘Andro,’’ or Human Growth 

Hormones, commonly known as ‘‘HGH.’’ 126

Mr. Palmeiro stated that he was informed when he arrived at the 

ballpark 127 on May 4, 2005, that he was on the list to be tested, 

and that he had until 1 hour after the game was completed to provide his urine sample.128 Mr. Palmeiro stated that he prepared for 

the game and that he gave his urine sample about 30 minutes 

prior to the game.129 Mr. Palmeiro asserted that he was not supervised by drug testing officials between the time he was told that 

he had to provide a sample and the time he provided the sample.130 He also stated that he did not discuss his test with any of 

his teammates or his wife.131

15 

132 Id. at 64–65. 133 Id. 134 Id. at 66–67. 135 Id. at 65–66, 68. 136 Id. at 69–70. 137 Id. at 69. 138 Id. at 69, 73. 139 Id. at 71, 73. 140 Id. at 70. 141 Id. at 70, 74. 142 Id. at 73–74. 143 Id. at 68–69. 144 Id. 145 Id. at 81–82. 146 Id. at 116. 147 Id. at 116–17. 148 Id. at 149–50. 

According to Mr. Palmeiro, he learned of his positive test result 

on approximately May 19, 2005, while he was at the ballpark before a home game when Eugene Orza, the Players Association’s 

chief operating officer, left a message with Mr. Palmeiro and a 

message with the Orioles manager.132 Mr. Palmeiro stated that 

when he returned Mr. Orza’s telephone call, Mr. Orza informed 

him that he had tested positive for stanozolol.133 When Mr. 

Palmeiro returned home after the game, he called Michael Weiner, 

the general counsel of the Players Association.134 Mr. Palmeiro explained that he told Mr. Orza and Mr. Weiner there had to be a 

mistake with the testing, as there was no way he could have tested 

positive for steroids.135

According to Mr. Palmeiro, on the evening that he was notified 

of his positive test result, Mr. Weiner told him to contact Arn 

Tellem.136 Mr. Tellem is the ‘‘head’’ of SFX Sports, the agency that 

represents Mr. Palmeiro.137 According to Mr. Palmeiro, Mr. Tellem 

is not his direct agent,138 and he is not responsible for negotiating 

Mr. Palmeiro’s contracts.139 Mr. Palmeiro explained that at the 

time he received his positive test results, he had never met Mr. 

Tellem.140 Mr. Palmeiro stated that although he had not authorized the Players Association to inform Mr. Tellem of his positive 

test, Mr. Tellem was already aware of the test result when they 

talked on the telephone.141 In addition, Mr. Palmeiro stated that 

he believes that Mr. Weiner told him not to tell his agent, Fernando Cuza, of the positive test result, as Mr. Cuza might have a 

conflict of interest.142

According to Mr. Palmeiro, during the initial telephone conversation, Mr. Orza asked him if there was a substance he may have 

taken by accident.143 Mr. Palmeiro stated that although he recalled 

the B–12 he took earlier in the season, he did not mention the B–

12 to Mr. Orza during this conversation.144 Mr. Palmeiro stated 

that a few days later, he informed Mr. Weiner of the B–12.145 Mr. 

Palmeiro noted that he initially did not want to disclose the identity of the player who gave him the B–12,146 but that Mr. Weiner 

insisted that he needed to disclose the source of the B–12. Mr. 

Palmeiro stated that within that week he told Mr. Weiner that 

Miguel Tejada was the source of the B–12.147

Mr. Palmeiro stated that after telling Mr. Weiner that Mr. 

Tejada was the source of the B–12, Mr. Palmeiro knew the Players 

Association discussed getting another vial of B–12 from Mr. Tejada 

to have it tested.148 According to Mr. Palmeiro, Mr. Tejada never 

mentioned to him that the Players Association asked for a vial of 

16 

149 Id. at 150. 150 Id. at 150–51. 151 Id. at 83. 152 Id. at 86. 153 Id. at 110. 154 Id. at 89. 155 Id. at 84. 156 Id. at 86, 88–89. 157 Id. at 89–91. 158 Id. at 109, 111. 159 Id. at 120. 160 Id. 161 Id. at 121. 162 Id. at 123. 163 Id. at 111. 164 Id. 165 Id. at 153–54. 166 Id. at 84. 167 Id. 168 Id. at 102. 169 Id. at 103. 

B–12.149 In fact, according to Mr. Palmeiro, after he took the B– 12 from Mr. Tejada in April 2005, the two never discussed the 

issue again.150

According to Mr. Palmeiro’s account: • He received the B–12 vial in mid-April 2005.151

• He and Mr. Tejada were near their lockers in the clubhouse 

when Mr. Tejada offered the B–12.152 It was the first and 

only time that Mr. Tejada, or any other player, offered B– 12 to Mr. Palmeiro.153

• Mr. Tejada said he had taken B–12 because it gives him energy,154 and Mr. Palmeiro assumed Mr. Tejada believed Mr. 

Palmeiro needed a boost after a long, hot spring training.155

• Mr. Tejada removed the B–12 and a syringe from his locker 

during the conversation and Mr. Palmeiro then put both 

items in his own locker.156

• Mr. Palmeiro did not ask Mr. Tejada where he obtained the 

B–12 and had no knowledge of whether Mr. Tejada offered 

B–12 to other players.157

Mr. Palmeiro stated he was not concerned about receiving the B– 12 and a syringe from Mr. Tejada because he had experience with 

B–12 shots when he played for the Texas Rangers.158 According to 

Mr. Palmeiro, he received B–12 shots when he played for the Rangers.159 Mr. Palmeiro indicated that he received B–12 shots from the 

Rangers team physician, Dr. Mycoskie,160 and that he received two 

to four B–12 shots during the regular season and perhaps one or 

two during spring training.161 Mr. Palmeiro recalled that he always 

received the shot from the team physician.162 According to Mr. 

Palmeiro, the Rangers’ doctor offered the B–12 shots, and he never 

felt that taking B–12 was ‘‘anything major.’’ 163

Mr. Palmeiro explained that when Mr. Tejada offered the B–12, 

it ‘‘wasn’t a big deal accepting it, even accepting it from a teammate,’’ 164 and that—[w]hen he gave me the B–12, I believed that 

it was a B–12. I didn’t believe anything other than that, and that 

is really why I took it.’’ 165

Mr. Palmeiro described his relationship with Mr. Tejada as 

‘‘close,’’ 166 that the two men are ‘‘pretty good friends,’’ 167 and that 

he feels like Mr. Tejada is like a ‘‘brother.’’ 168 In Mr. Palmeiro’s 

opinion, Mr. Tejada is a ‘‘really good, genuine family guy’’ and ‘‘really happy.’’ 169 Mr. Palmeiro explained that he never had conVerDate Aug 31 2005 15:19 Nov 19, 2005 Jkt 049006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR310.XXX HR310
17 

170 Id. at 102–03. 171 Id. at 154. 172 Id. at 155–56. 173 Id. at 139–40. 174 Id. at 93–95, 126–27. 175 Id. at 137. 176 Id. at 138. 177 Id. at 140. 178 Id. at 143. Mr. Palmeiro’s attorneys provided committee staff with further information 

from Mr. and Mrs. Palmeiro regarding the condition of the vial of B–12. The attorneys confirmed 

that ‘‘the B–12 vial was not full when Mr. Palmeiro received it or when Mrs. Palmeiro first saw 

it; that the syringe was wrapped in plastic, but the vial was not; that the vial had a rubber 

stopper, but did not have a metal cap; and that, after one syringe of liquid was extracted from 

the vial, there was not enough liquid to fill a second syringe.’’ Letter from Adam C. Sloane, attorney for Rafael Palmeiro, to House Committee on Government Reform staff (Nov. 1, 2005). 179 Interview with Rafael Palmeiro, supra note 111, at 151. 

cerns in the past that Mr. Tejada was taking performance-enhancing drugs.170 Mr. Palmeiro stated that Mr. Tejada called him the 

first day his suspension was announced and left him a supportive 

voice mail.171 On Mr. Palmeiro’s first day back after his suspension, Mr. Palmeiro said: 

A: [Mr. Tejada] actually received me very well, better than 

anyone else. He embraced me, and it seemed like in 

public he was really being, you know, one of the supportive guys. 

Q: What did he say to you? 

A: Hey, you know, I love you. I support you. Hang in 

there. Don’t worry about that stuff. Let’s focus on playing. I think that is the kind of conversation we had.172

According to Mr. Palmeiro, he took the B–12 vial to his home in 

Baltimore and asked his wife, Lynn, to inject him.173 Mr. Palmeiro 

stated that he knew that Orioles staff would not provide the B–12 

shot because he previously asked a trainer for a B–12 shot and was 

told he could not receive one.174 Mr. Palmeiro explained that Mrs. 

Palmeiro knew how to use a syringe because she was responsible 

for injecting the family dogs for their allergies,175 and that Mrs. 

Palmeiro learned to give these shots from the family veterinarian.176 According to Mr. Palmeiro, this was the only injection 

Mrs. Palmeiro had ever given him.177 He stated that after Mrs. 

Palmeiro gave him the shot, there was very little B–12 left in the 

vial.178

Contrary to Mr. Palmeiro’s defense during his arbitration, Mr. 

Palmeiro informed Committee staff that it is his belief that the B–

12 injection resulted in his positive test for steroids. He stated: 

A: My best guess would be the B–12, it could have been 

contaminated, but I can’t prove it. It could have been 

something else. It could have been something else, any 

other supplement that I took. But my best guess would 

be the B–12. 

Q: You believe it was the B–12? 

A: I believe it was, but I wish I could prove it.179

* * * 

Q: How in your mind do you think this was contaminated? 

What do you think? Do you think it was inadvertently 

not B–12 but a steroid? 

18 

180 Id. at 162. 181 Id. at 163. 182 Id. at 159. 183Palmeiro arbitration transcript, supra note 42, at 12. 184 Interview with Rafael Palmeiro, supra note 111, at 158. 

A: No, I’m not sure. I don’t know how to answer that, because obviously I didn’t take the proper steps to look 

into it, but when I got it, I feel sure that it was B–12. 

And I’m not saying that that’s not what it was. I’m just 

saying that could have been what got me contaminated. 

I can’t say for sure that is what it was, but that is the 

thing I can pinpoint to that is different than anything 

else that I have done in the past.180

* * * 

Q: [W]hat you are saying here is that you believe, your 

best guess is that your positive test was as a result of 

that B–12 shot? 

A: That is my guess.181

Committee staff questioned Mr. Palmeiro about the discrepancy 

between the arbitration proceedings and the interview with Committee staff concerning Mr. Palmeiro’s belief that the B–12 caused 

his positive test result. Mr. Palmeiro stated: 

I know, but that is because the way that I understood it 

was I could not prove what did it. But when I think back 

on it, my best guess would be the B–12. Now, I may be 

wrong. It could be something else. But if I have to guess, 

if I have to pinpoint something, that is the logical thing.182

During the arbitration proceeding, Mr. Weiner stated, ‘‘The Players Association does not contend that the B–12 shot that Mr. 

Palmeiro took caused his positive test. We have no evidence to suggest that. As a matter of fact, all of the evidence that exists runs 

in the other direction.’’ 183 In the Committee staff interview, Mr. 

Palmeiro was asked about Mr. Weiner’s statement: 

Q: So do you disagree with that statement? 

A: I disagree with what he is saying. He is speaking on 

the Players Association behalf; but I feel that the B–12 

was probably the thing that might have done it. I could 

not prove it. I have no way of proving whether you 

know this was an unintentional thing that I did or 

something that somebody did to me. I couldn’t prove 

it.184

When questioned about his increased performance, Mr. Palmeiro 

responded: 

Well, the only reaction to that is obviously they are not 

giving me any credit for my abilities that God gave me. 

But if you go back beyond my professional career, and I do 

not think that you have it, I hit home runs everywhere. I 

was a three-time All-American in college. I was freshman 

player of the year. Summer ball I hit more home runs than 

Barry Bonds and McGwire and all those guys when we 

played summer ball. So I have always been a guy that’s hit 

home runs. And if they choose to think that I did this illeVerDate Aug 31 2005 15:19 Nov 19, 2005 Jkt 049006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR310.XXX HR310
19 

185 Id. at 175. 186 Canseco, supra note 10. 187 In his book, Mr. Canseco writes of the 1992–1993 season, during which he played for the 

Texas Rangers, along with Rafael Palmeiro, Ivan Rodriguez, and Juan Gonzalez. Mr. Canseco 

wrote that ‘‘I sat down with Rafael Palmeiro, Juan Gonzalez, and Ivan Rodriguez, and educated 

them about steroids. Soon I was injecting all three of them. I personally injected each of those 

three guys many times, until they became more familiar with how to use a needle and were 

able to do it themselves,’’ (Canseco, supra note 10, at 133) and that ‘‘Palmeiro, Gonzalez, and 

Ivan Rodriguez all started asking me a lot of questions about steroids soon after I joined the 

Rangers.’’ (Canseco, supra note 10, at 135). In addition, Mr. Canseco wrote that the players were on a ‘‘combination of growth hormone and steroids—mostly Deca and Winstrol.’’ (Canseco, supra 

note 10, at 135). Winstrol is another name for Stanozolol, the steroid detected in Mr. Palmeiro’s urine. 188Mr. Palmeiro’s interview included the following exchanges: 

Q: Did Canseco ever sit down with you to talk to you about steroids? 

A: Never. He never sat down with me to talk about steroids or anything other than 

about just baseball. 

Q: Was there ever a time that you can recall that you, Juan Gonzalez, and Ivan 

Rodriguez sat down with Jose Canseco? 

A: No. 

Q: Do you know whether or not he spoke with either of those two about steroids? 

A: I don’t know. I can’t answer for them, but I know that I didn’t sit down with him. 

(Interview with Rafael Palmeiro supra note 111, at 168–69. 

* * * 

Q: [Mr. Canseco’s book states], ‘‘Palmeiro, Gonzalez, and Ivan Rodriguez all started 

asking me a lot of questions about steroids soon after I joined the Rangers.’’ Did 

you ever ask Mr. Canseco about steroids? 

A: No, I would never talk about steroids. (Id. at 170). 189Mr. Palmeiro’s interview included the following exchange: 

Q: Did Jose Canseco ever inject you with a steroid? 

A: Never. He never injected me with anything. 

Q: With nothing? 

A: Nothing. 

Q: Did he ever explain to you how to use a needle? 

A: No. (Id. at 169). 190Mr. Palmeiro’s interview included the following exchange: 

Continued 

gally, that is fine, but I know in my heart that everything 

that I have done in baseball is done with my hard work, 

the talent that God gave me, and what my dad taught me. 

You go beyond those numbers, ’82, ’83, ’84, ’85, when I was 

a kid, and you can see that I hit a lot of home runs. So 

for them to say that I was not going to be any good or that 

I had to do something better, you know, that is fine, but 

to me, you know, I worked hard. I am not one of these 

guys that hits—I don’t know if you guys follow my career, 

but my home runs are barely going over the wall. I just 

happen to have a nice, smooth, steady swing. I can’t hit 

the ball out the other way. My home runs are all pretty 

much regular, you know. But I have always had success all 

the way back to when I first started.185

Committee staff also questioned Mr. Palmeiro about specific allegations of steroid use contained in Mr. Canseco’s book.186 Mr. 

Palmeiro denied Mr. Canseco’s allegations 187 and told Committee 

staff that: 

• He never discussed steroids or injections with Mr. 

Canseco.188

• He was never injected with steroids or any other substance 

by Mr. Canseco.189

• He didn’t know whether Mr. Canseco ever injected Juan 

Gonzalez or Ivan Rodriguez but did not believe it to be 

true.190

20 

Q: Two paragraphs down, [Mr. Canseco’s book states that] ‘‘Raffy, Juan, and Ivan 

were definitely scared the first time I injected them, but after a while it became 

no big deal to them, either.’’ Do you have any knowledge whether or not Canseco 

was injecting either Ivan or Juan? 

A: I don’t have knowledge of that, but I’m going to guess no. There’s no way. (Id. 

at 171). 191Mr. Palmeiro’s interview included the following exchanges: 

Q: [Mr. Canseco’s book] is talking about steroids here. He says, ‘‘It was so open, the 

trainers would jokingly call the steroid injections ‘B–12 shots,’ and soon the players had picked up on that little code name, too. You’d hear them saying it out 

loud in front of each other: ‘I need to go in and get a B–12 shot,’ a player would 

say, and everyone would laugh. They weren’t talking about vitamins or supplements, of course, but a combination of steroids.’’ To your knowledge, did ‘‘B–12 

shots’’—was that code for steroids? 

A: You know what? I don’t even think I knew what B–12 was back then. I never 

heard anyone say B–12 or steroids or anything like that. A code name? Come on. 

I don’t know where he got that from. (Id. 172). 

* * * 

Q: —Your understanding of what [your teammates] were talking about was what 

[when they mentioned B–12]? 

A: B–12. And you are talking about ’92, ’93. You know, I became aware of B–12 in 

’99, 2000, my second time around. I didn’t even know what B–12 was probably 

back then. 

Q: Do you recall or did you ever hear of anybody else mentioning B–12 meant steroid? 

A: No, I had no idea that that was a code word or something that he used. He is 

probably making that B–12 stuff up. (Id. at 173). 192Mr. Palmeiro’s interview included the following exchange: 

Q: Did you know the previous page where he mentions you and Winstrol, were you 

aware of that before you just saw this? 

A: No. The only thing I was aware of is that he had said that he had taught me how 

to inject. That is the only thing that I was aware of. I have not read the book. 

I have not, you know, studied or gotten information on what he has said about 

me. This is the first I heard about the Winstrol stuff in his book. (Id. at 1173–

74). 193 Interview by House Committee on Government Reform staff with Lynn Palmeiro, wife of 

Baltimore Oriole, Rafael Palmeiro, in Washington, DC (Aug. 25, 2005). 194 Id. at 16. 195 Id. at 17. 196 Id. at 17–18, 23. 197 Id. at 26. 

• He had never heard of B–12 being used as a code name for 

steroids, as alleged in Mr. Canseco’s book.191

• Prior to his interview with Committee staff, he had not read 

Mr. Canseco’s book or known that Mr. Canseco alleged that 

Mr. Palmeiro used Winstrol (stanozolol).192

E. Interview with Lynn Palmeiro 

The Committee staff conducted an in-person interview of Lynn 

Palmeiro on August 25, 2005.193 Mrs. Palmeiro confirmed Mr. 

Palmeiro’s account of the B–12 injection. Mrs. Palmeiro said that 

she did not look to see if the vial had been punctured.194 Mrs. 

Palmeiro stated that she filled the entire syringe and injected Mr. 

Palmeiro with the B–12.195 Mrs. Palmeiro stated that she knew to 

inject Mr. Palmeiro in the buttocks because Mrs. Palmeiro witnessed Mr. Palmeiro receiving B–12 shots during spring training 

with the Texas Rangers and because Mrs. Palmeiro also received 

B–12 shots from the Rangers’ physician.196

According to Mrs. Palmeiro, she noticed the B–12 label was in 

Spanish, but she could read that it said B–12.197 She stated that 

after administering the B–12 shot, she noticed that there was a 

small amount of liquid left in the vial and after determining that 

there was not enough liquid for another shot, she discarded the syVerDate Aug 31 2005 15:19 Nov 19, 2005 Jkt 049006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6601 E:\HR\OC\HR310.XXX HR310
21 

198 Id. at 24. 199 Id. at 32. 200 Id. at 26–27. 201 Id. at 29–30. 202 Id. 203 Interview by House Committee on Government Reform staff with Miguel Tejada, baseball 

player for the Baltimore Orioles, in Washington, DC (Aug. 26, 2005) [hereinafter interview with 

Miguel Tejada]. 204 Id. at 5–6. 205 Id. at 6–7, 11. 206 Id. at 7–9. 207 Id. at 11–13. 208 Id. at 7, 14. 209 Id. 210 Id. at 6–7, 49. 211 Id. at 13, 15. 212 Id. at 15. 213 Id. at 4–5. 214 Id. at 16–17. 215 Id. at 17, 19–20, 22. 

ringe.198 Mrs. Palmeiro stated that the B–12 shot was the first and 

only time she injected Mr. Palmeiro.199

Mrs. Palmeiro explained that she did not have concerns for Mr. 

Palmeiro taking the B–12, because ‘‘he felt comfortable with the 

product being from his teammate. And I am sure he felt that it was 

okay.’’ 200

Committee staff questioned Mrs. Palmeiro regarding what she 

thought may have caused Mr. Palmeiro to test positive for 

steroids.201 Mrs. Palmeiro said she could not think of another substance that Mr. Palmeiro took that would have resulted in a positive steroid test.202

F. Interviews With Other Players and Officials from the Baltimore 

Orioles 

i. Interview with Miguel Tejada 

During his interview with Committee staff, Mr. Palmeiro asserted that the B–12 vial provided to him by Baltimore Orioles 

teammate, Miguel Tejada, may have been the source of his positive 

steroid test result. On August 26, 2005, Committee staff conducted 

an in-person interview of Miguel Tejada.203

Mr. Tejada stated the only supplement he takes is vitamin B–

12.204 He stated that he began receiving B–12 injections and pills 

at 5 or 6 years of age in the Dominican Republic.205 Mr. Tejada recalled that he would receive the injections at a clinic or from his 

father,206 and that he continued taking B–12 throughout his childhood and teens.207 Mr. Tejada stated it was common in the Dominican Republic for people to take B–12 injections,208 saying that 

Dominicans receive B–12 shots to help increase appetite, to prevent 

anemia, and to protect against illness.209 Mr. Tejada explained that 

he takes B–12 to help increase his appetite.210

Mr. Tejada stated that he signed as a minor league player when 

he was 17 years old 211 and came to the United States in 1994 or 

1995.212 Mr. Tejada explained that he returns to the Dominican 

Republic each off-season.213 According to Mr. Tejada, when he returns to the United States, he brings liquid B–12 from the Dominican Republic to use during the season.214 He stated that each time 

he returned he would bring approximately two to four vials of B–

12 back with him.215 Mr. Tejada said that he does not use B–12 

22 

216 Id. at 19. 217 Id. at 42–46, 48. 218 Id. at 48. 219 Id. at 10–11. 220 Id. at 17. 221 Id. at 48. 222 Id. at 50. 223 Id. 224 Id. at 45–46, 62, 68, 81. 225 Id. at 48–49. 226 Id. at 68, 82. 227 Id. at 51. During his interview, Mr. Tejada identified two current Baltimore Orioles players 

to whom he gave liquid vitamin B–12. For purposes of the report, they will be identified as Player A and Player B. 228 Interview of Miguel Tejada, supra note 203, at 51–52, 56, 59, 61, 83. 229 Id. at 53–54, 59–61. 230 Id. at 54–55, 59. 231 Id. at 54, 59. 232 Id. at 52, 54–55, 58–59, 61–62. 233 Id. at 55, 62, 84–86. 234 Id. at 55. 235 Id. at 56, 89. 236 Id. at 51, 63–64, 83. 237 Id. at 80. 238 Id. at 53, 64–66, 79–81. 

during the off-season,216 unless he is playing in the Winter League 

playoffs in late December and January,217 or the Caribbean World 

Series in February.218

Mr. Tejada explained that in the Dominican Republic, liquid B–

12 is sold without prescription in a box with one bottle of B–12 and 

a syringe.219 He stated that each vial has approximately four 

doses,220 and that he would buy extra syringes at the pharmacy.221

The syringes have the numbers one through four on them.222 Mr. 

Tejada explained that he would fill up the syringe with B–12 to the 

number two and a half.223

For the 2005 season, Mr. Tejada stated he brought four boxes of 

B–12 to the United States,224 and that he brought extra syringes, 

four for each bottle of B–12.225 Mr. Tejada recalled that he had one 

extra bottle at his house from the previous year.226

During the 2005 season, Mr. Tejada stated he gave B–12 to Player A, Player B, and Mr. Palmeiro.227 Mr. Tejada explained he gave 

the B–12 to Player A and Player B at the beginning of the 2005 

regular season in the clubhouse.228 Mr. Tejada said that he started 

a conversation with Player A and Player B and explained why he 

took B–12.229 Mr. Tejada recalled that he told them that when they 

were not feeling well or not eating, they should take B–12.230 Mr. 

Tejada said that Player A and Player B never said they were not 

eating well.231 According to Mr. Tejada, after that conversation, he 

gave both Player A and Player B a bottle of B–12.232 Mr. Tejada 

stated that he did not give Player A or Player B a syringe.233 According to Mr. Tejada, he explained to Player B how much B–12 

he should take.234 Mr. Tejada said that he does not know whether 

Player A or Player B used the B–12.235

Mr. Tejada stated that he believes he gave Mr. Palmeiro a vial 

of B–12 on a separate day but around the same time he gave it to 

Player A and Player B.236 His recollection is similar to Mr. 

Palmeiro’s in many ways, such as providing the B–12 in mid-April 

2005.237 But there are differences in their statements to Committee 

staff. Mr. Tejada believes he and Mr. Palmeiro discussed B–12 

while sitting on a couch in the clubhouse and that Mr. Palmeiro 

said he had not been eating well.238 Mr. Tejada claimed he did not 

23 

239 Id. at 69–71. 240 Id. at 56–57, 65–67, 69–72, 80–81. 241 Id. at 71. 242 Id. at 72–73. 243 Id. 244 Id. at 86. 245 Id. 246 Id. 247 Id. at 23–24, 88–89. 248 Id. at 23–24, 27. 249 Id. at 26–27, 38, 89–97. 250 Id. at 91. 251 Id. at 91–92. 252 Id. at 95. 253 Id. at 24, 38, 92–93, 96. At an Aug. 15, 2005 meeting, the Players Association informed 

committee staff that Mr. Weiner told Mr. Tejada the B–12 vial would be tested for steroids. 254 Interview with Miguel Tejada, supra note 203, at 24, 39. 255 Id. at 88, 96–97. 256 Id. at 24, 39–40, 110–11. 257 Id. at 24–25, 40, 93, 100. 258 Id. at 111–12. 

have the B–12 in his locker as Mr. Palmeiro testified.239 Instead, 

Mr. Tejada remembered retrieving the B–12 and syringe from his 

home and handing it to Mr. Palmeiro at the ball park the following 

day.240

In Mr. Tejada’s account, he did not give Mr. Palmeiro instructions on how to use the B–12, nor did Mr. Palmeiro ask for instructions.241 Mr. Tejada stated that he never asked Mr. Palmeiro if he 

used the B–12.242 Mr. Tejada explained that he was unaware if Mr. 

Palmeiro ever used the B–12, as the two had never discussed the 

issue after Mr. Tejada gave him the vial in April 2005.243

Mr. Tejada stated that prior to the 2005 season, he never gave 

another player B–12,244 and that no one knew that Mr. Tejada 

used B–12 except for Player B, who learned that Mr. Tejada used 

B–12 during the 2004 season.245 Mr. Tejada stated that he did not 

give Player B any B–12 in 2004.246

Mr. Tejada also stated that Player A had injected Mr. Tejada 

with the B–12 ‘‘when [Mr. Tejada was] feeling like [he] need [sic] 

it.’’ 247 He said that the last time Player A injected Mr. Tejada was 

May or June 2005.248

Mr. Tejada stated that in May he received a telephone call from 

Michael Weiner with the Players Association.249 Mr. Tejada said 

that Mr. Weiner asked him if he took B–12 and Mr. Tejada said 

yes.250 Mr. Tejada asked Mr. Weiner why he was asking, and Mr. 

Weiner replied that he wanted to know what Mr. Tejada took.251

Mr. Tejada said that Mr. Weiner asked where he got the B–12 and 

Mr. Tejada told him in the Dominican Republic.252 According to 

Mr. Tejada, Mr. Weiner told him the Players Association wanted 

to test a bottle of his B–12 to make sure the vial contained B– 12.253 Mr. Tejada stated that his agent sent a vial of B–12 in a 

closed box to the Players Association.254 Mr. Tejada also stated 

that the bottle had been used by him.255 He recalled that when the 

Players Association requested the vial from him, they told him not 

to use any of his B–12 until they completed the tests.256 He stated 

that about 2 weeks later, the Players Association told him he could 

continue to use the B–12 because it was ‘‘legal.’’ 257

Mr. Tejada stated that after he discussed the B–12 with the 

Players Association in May, he told Player A and Player B not to 

use the B–12.258 He said that he told Player A and Player B that 

the league was checking out the B–12 and not to use it until he 

24 

259 Id. at 112. 260 Id. at 111–12. 261 Id. at 26–27. 262 Id. at 27, 36–38, 101–04. 263 Id. at 37, 102–03. Rob Manfred, Jr., MLB executive vice president for labor and human 

resources, confirmed to committee staff that the meeting with Mr. Tejada was an HPAC meeting. 264 Interview with Miguel Tejada, supra note 203, 37–38. 265 Id. at 104–08. 266 Id. at 105. 267 Id. at 27, 37, 106–07. 268 Id. at 88, 106. 269 Id. at 40, 109–10. 270 Id. at 108–10. 271 Id. at 107. Rob Manfred, Jr., executive vice president for labor and human resources, MLB, 

confirmed to committee staff that HPAC received another vial of B–12 from Mr. Tejada and the 

vial tested negative for steroids. 272 Interview with Miguel Tejada, supra note 203, at 26. 273 Id. at 28, 34, 108–09. 274 Id. at 34, 109. 275 Id. at 28–29. 276 Id. at 32. 277 Id. at 29. 278 Id. at 30. 279 Id. at 74–75. 280 Id. at 76. 

got the results.259 According to his account, Mr. Tejada forgot to 

tell Mr. Palmeiro not to use the B–12.260

Mr. Tejada stated that later in the summer, Gene Orza with the 

Players Association called Mr. Tejada about the B–12,261 and that 

he spoke to the Players Association at a meeting approximately 2 

weeks prior to the Committee staff interview.262 Mr. Tejada stated 

that Mr. Orza; Rob Manfred, an attorney for MLB; a doctor for the 

Players Association; and a doctor for MLB were present at the 

meeting.263 Mr. Tejada indicated that he understood the purpose of 

the meeting was to talk about B–12.264 Mr. Tejada said that they 

also discussed that Mr. Palmeiro mentioned Mr. Tejada’s name 

during Mr. Palmeiro’s interview.265 Mr. Tejada stated that they 

asked questions regarding why Mr. Tejada gave the B–12 to Mr. 

Palmeiro,266 and that during this meeting, the Players Association 

asked for another vial of B–12.267 Mr. Tejada stated that he gave 

the Players Association the B–12 vial left over from the previous 

year.268 He said that the Players Association again told him not to 

use the B–12.269 Mr. Tejada recalled that the doctors at the meeting questioned him about why he takes B–12 and they told him not 

to inject himself anymore.270 Mr. Tejada stated that he never heard 

from the Players Association regarding the second vial of B–12.271

According to Mr. Tejada, after he sent the B–12 to the Players 

Association for testing, he quit using it.272 He said that the Players 

Association told him they would send him some B–12 pills.273 Mr. 

Tejada stated that he had not yet received the B–12 pills.274

Mr. Tejada explained that he never had concerns that the vial 

labeled B–12 did not contain vitamin B–12.275 Mr. Tejada stated 

he never spoke to a team doctor about taking B–12.276 Mr. Tejada 

said that he has never heard of reports of contaminated B–12 in 

the Dominican Republic.277 He also said that he never heard of B–

12 being used as code for steroids.278

Mr. Tejada stated that when learned that Mr. Palmeiro tested 

positive for steroids, he, and everyone, was surprised.279 He recalled that after learning of Mr. Palmeiro’s suspension, he left Mr. 

Palmeiro a voice message on his cellular telephone.280 According to 

25 

281 Id. at 77. 282 Id. at 77–78. 283 Id. at 75–76. 284 Id. 285 Id. at 76. 286 Id. at 78–9. 287 Id. at 87, 119 288 Id. at 74, 114–15. 289During committee staff’s interviews with Player A and Player B, they were asked about 

their knowledge of steroid use by Mr. Palmeiro. Neither Player A nor Player B had personal 

knowledge of Mr. Palmeiro taking steroids. Interview by House Committee on Government Reform staff with Player A, baseball player for the Baltimore Orioles, in Baltimore, MD (Sept. 28, 

2005) [hereinafter interview with Player A]. Telephone interview with Player B, baseball player 

for the Baltimore Orioles, in Washington, DC (Oct. 20, 2005) [hereinafter telephone interview 

with Player B]. Neither was ever approached by anyone having personal knowledge of Mr. 

Palmeiro taking steroids. (Id.) Neither ever had a reason to personally suspect Palmeiro of taking steroids. (Id.). Player A stated he was surprised by Mr. Palmeiro’s positive test result. (Interview of Player A). Player B did not suspect Mr. Palmeiro of taking steroids because Mr. 

Palmeiro did not have the body type and he has a nice swing. (Telephone interview with Player 

B). Player B said Mr. Palmeiro’s positive test result was hard for Player B. (Id.). Mr. Palmeiro was ‘‘the last guy’’ Player B would think would be on steroids. (Id.). 290 Interview with Player A, supra note 289; telephone interview with Player B, supra note 

289. 291 Interview with Miguel Tejada, supra note 203, at 86. 292 Interview with Player A, supra note 289; telephone interview with Player B, supra note 

289. 293 Interview with Miguel Tejada, supra note 203, at 51–53, 57–58. 294Telephone interview with Player B, supra note 289. 295 Interview with Miguel Tejada, supra note 203, at 10–11. 

Mr. Tejada, Mr. Palmeiro did not return the call.281 Mr. Tejada 

said that when Mr. Palmeiro returned from his 10-day suspension, 

he and Mr. Tejada did not discuss Mr. Palmeiro’s positive test result.282

Mr. Tejada stated that he has no personal knowledge of Mr. 

Palmeiro taking steroids.283 Mr. Tejada also stated he and Mr. 

Palmeiro never discussed steroids,284 and that he never heard rumors of Mr. Palmeiro taking steroids until Mr. Palmeiro testified 

in front of Congress.285 Mr. Tejada said he had no knowledge or 

reason to know how Mr. Palmeiro tested positive for steroids.286

Mr. Tejada explained that he had never thought Mr. Palmeiro’s 

positive test result had anything to do with the B–12 because the 

B–12 was tested by MLB.287

During the 2005 season, Mr. Tejada was tested under MLB’s program twice prior to the interview.288 Both test results were negative. 

ii. Interviews with Players A and B 

Based on Miguel Tejada’s assertions that he provided liquid vitamin B–12 to Player A and Player B of the Baltimore Orioles, Committee staff felt it necessary to interview the two players.289

Player A and Player B confirmed that they had received B–12 

from Mr. Tejada.290 However, the accounts of Player A and Player 

B differed in significant respects from Mr. Tejada’s account. Mr. 

Tejada stated that prior to the 2005 season, he never gave another 

player B–12.291 But Player A and Player B both said that they received B–12 from Mr. Tejada during the 2004 season.292 Mr. 

Tejada stated that he gave B–12 to Player B in 2005.293 However, 

Player B said that he only received B–12 from Mr. Tejada during 

the 2004 season.294 Mr. Tejada explained that the B–12 he purchased came in a box and contained one vial of liquid B–12 and one 

syringe.295 Player A stated the B–12 he received from Mr. Tejada 

26 

296 Interview with Player A, supra note 289. 297 Interview with Miguel Tejada, supra note 203, at 61–62. 298 Interview with Player A, supra note 289; telephone interview with Player B, supra note 

289. 299 Interview with Miguel Tejada, supra note 203. Mr. Tejada stated that he had four vials 

of B–12 at the start of the 2004 season (Id. at 68) and that he used three of these vials. (Id. 

at 67) Mr. Tejada stated that each vial contained four injections (Id. at 17). As such, Mr. Tejada, 

would had have access to a total of only 12 injections. 300 Interview with Player A, supra note 289. 301Mr. Tejada recalled that at the start of the 2005 season, he had five B–12 vials in his possession, (interview with Miguel Tejada, supra note 203, at 68) providing him with a maximum 

of 20 shots. But, Mr. Tejada stated that, at various times during the 2005 season, he gave one 

vial each to Player A, (Id. at 51), Player B, (Id.) Mr. Palmeiro, (Id.) the Players Association, 

(Id. at 24, 97) and HPAC (Id. at 36, 101). Thus, according to Mr. Tejada, he gave away each 

of the five vials in his possession. 302 Interview with Player A, supra note 289. 303 Interview with Miguel Tejada, supra note 203, at 111–12. 304 Id. at 112. 305 Interview with Player A, supra note 289. 306 Id. 307Telephone interview with Player B, supra note 289. 308 Interview with Player A, supra note 289. 309 Id. 310 Id. 311 Id. 

came in an unopened box and contained five syringes.296 Mr. 

Tejada stated he gave Players A and B the B–12 after having a 

joint conversation with them in the ballpark.297 However, Players 

A and B said that they had individual, private conversations with 

Mr. Tejada regarding the B–12.298

Mr. Tejada stated that, in the 2004 season, he had only enough 

B–12 to provide a maximum of 12 injections.299 However, Player A 

stated that he injected Mr. Tejada approximately 40–45 times in 

2004.300 Further, Mr. Tejada said that, in the 2005 season, he had 

only enough B–12 to provide for a handful of injections, and that 

he last received a B–12 shot in May or June 2005.301 However, 

Player A stated that he injected Mr. Tejada approximately 30–35 

times in 2005 before Player A voluntarily chose to stop in July 

2005.302

Mr. Tejada stated that after giving a vial of B–12 to the Players 

Association, he spoke to Player A and Player B,303 telling them not 

to use the B–12 until he got the results from the league.304 However, Player A told Committee staff that Mr. Tejada never mentioned any problems with the B–12 and never told Player A to quit 

using it.305 Player A further stated that after voluntarily choosing 

to stop injecting Mr. Tejada in July 2005, Mr. Tejada attempted to 

convince him that there was nothing wrong with the B–12.306 Player B stated that he never received B–12 from Mr. Tejada during 

the 2005 season and that Mr. Tejada never told him to quit taking 

B–12.307

Player A stated that during the 2004 season, he accepted 2–3 

boxes of B–12 from Mr. Tejada.308 Player A stated that each box 

contained a vial of liquid B–12 and five syringes, and that the label 

on the vial was printed in Spanish and read ‘‘B–12’’ and ‘‘Made in 

Mexico.’’ 309 He stated that in May of the 2005 season, Mr. Tejada 

gave him one box of B–12.310

During his interview with Committee staff, Player A stated he 

had a remaining vial of what he believed to be B–12 provided to 

him by Mr. Tejada in May 2005.311 Player A willingly offered to 

provide this vial to the Committee. The vial was sent to the University of California, Los Angeles Olympic Analytical Laboratory 

27 

312Letter from Don H. Catlin, M.D., director, professor of molecular and medical pharmacology, UCLA Olympic Lab, to House Committee on Government Reform staff (Oct. 24, 2005). 313 Id. 314 Interview with Player A, supra note 289. 315 Id. 316 Id. 317Telephone interview with Player B, supra note 289. 318 Id. 319 Id. 320 Id. 321 Id. 322 Id. 323 Id. 324 Id. 325 Id. 326 Id. 327 Interview by House Committee on Government Reform staff with Dr. Charles Silberstein, 

orthopedic physician, the Baltimore Orioles, in Washington, DC, and Baltimore, MD (Sept. 7, 

2005). 328 Id. 329 Id. 

(‘‘UCLA Olympic Lab’’) for analysis. The vial was labeled Tiaminal, 

B–12, 50,000. UCLA Olympic Lab tested the vial for ‘‘anabolic 

androgenic steroids, stimulants and narcotics on the WADA (World 

Anti-Doping Agency) list.’’ 312 The analytical findings were that ‘‘no 

banned substances were detected.’’ 313

Player A was tested under the MLB testing program in 2005.314

Player A recalled that on the day he was tested, he was told that 

he had to take his test within the next several hours, but was then 

left unsupervised until he chose to provide a sample.315 Player A 

did not test positive for performance-enhancing drugs during the 

2005 season.316

Player B stated that halfway through the 2004 season, he accepted four boxes of B–12 from Mr. Tejada.317 He stated that the boxes 

contained five pre-filled, unopened needles of B–12.318 Player B explained that he would snap on the syringe to use the B–12.319 He 

recalled that the boxes said ‘‘Bedoyecta’’ on them and were unopened.320 According to Player B, Mr. Tejada also gave him a B–

12 vial that came in a plastic bag, and this vial said ‘‘Tiaminal’’ on 

it and did not come with needles.321 Player B stated Mr. Tejada 

gave some needles to use with the vial of B–12.322 Player B said 

the label was printed in Spanish.323 He stated that he believed the 

B–12 was from the Dominican Republic or Mexico.324 Player B 

stated that he did not receive B–12 from Mr. Tejada during the 

2005 season.325 Player B was tested under MLB’s program in 2005 

and did not test positive for performance-enhancing drugs during 

the 2005 season.326

iii. Interviews with Baltimore Orioles Physician and Trainer 

Rafael Palmeiro played for the Baltimore Orioles from 1994–1998 

and from 2004–2005. Committee staff interviewed personnel from 

the Orioles medical and training staff as part of the investigation. 

On September 7, 2005, Committee staff conducted an in-person and 

telephone interview of Dr. Charles Silberstein, the orthopedic physician for the Baltimore Orioles.327 Dr. Silberstein has worked for 

the Orioles since 1966.328

Dr. Silberstein stated that as the Orioles orthopedist, his primary role was to evaluate players for injuries.329 Dr. Silberstein 

explained that all medical staff and trainers for the Orioles ask 

players about their medications and review the supplements taken 

28 

330 Id. 331 Id. 332 Id. 333 Id. 334 Interview by House Committee on Government Reform staff with Richard Bancells, head 

athletic trainer, the Baltimore Orioles, in Washington, DC, and Baltimore, MD (Sept. 7, 2005). 335 Id. 336 Id. 337 Id. 338 Id. 339 Id. 340 Id. 341 Id. 342 Id. 343 Id. 344 Id. 345 Id. 346 Id. 347 Id. 

by the players.330 Dr. Silberstein was not aware of any medical 

doctor for the Orioles prescribing or administering vitamin B–12 to 

players.331

When asked about his knowledge of steroid use by Mr. Palmeiro 

during his two tenures with the Orioles, Dr. Silberstein stated that 

Mr. Palmeiro was the last person in the Baltimore Orioles association that he would ever think would be involved with steroids.332

Dr. Silberstein indicated that he views Mr. Palmeiro as a solid citizen and was shocked to see Mr. Palmeiro involved in any controversy.333

Also on September 7, 2005, Committee staff conducted an in-person and telephone interview of Richard Bancells, the head athletic 

trainer for the Baltimore Orioles.334 Mr. Bancells started working 

for the Orioles in 1984 as the assistant athletic trainer.335 He became the head athletic trainer in 1988.336

Mr. Bancells stated that the Orioles have a policy that the ball 

club does not supply supplements to the players.337 Mr. Bancells 

explained that he recommends that players not take supplements 

because they do not know what they are receiving.338 Mr. Bancells 

further stated that approximately 3–4 years ago, the Orioles discontinued giving vitamins to players.339

Mr. Bancells stated the Orioles have an educational program in 

spring training and the players are cautioned about supplements.340 He explained that the Orioles have a nutritionist on staff 

who can answer players’ questions regarding supplements and that 

the staff will attempt to check out supplements provided by the 

players to tell if the supplement is not regulated, if the label is accurate, if there are other ingredients not listed, or if the amount 

on the packaging is incorrect.341

As the head athletic trainer, Mr. Bancells said that he is ‘‘mostly 

aware of what medicines the players are taking.’’ 342 Mr. Bancells 

indicated that he will routinely ask players about their medications. He stated that if players were to ask him for medications, 

he would pass along the request to the team physician.343

Mr. Bancells said that vitamin B–12 has always been a part of 

baseball.344 He said that in the past, the vitamin has been readily 

available and administered by team physicians, as trainers are not 

allowed to give injections.345

Mr. Bancells stated that Mr. Palmeiro never asked for a B–12 

shot or asked about receiving a B–12 shot.346 Mr. Bancells said he 

never witnessed B–12 in Mr. Palmeiro’s possession.347 Mr. Bancells 

29 

348 Id. 349 Id. 350 Id. 351 Id. 352Telephone interview by House Committee on Government Reform staff with Dr. B.J. 

Mycoskie, former head doctor and medical director, Texas Rangers, in Washington, DC (Sept. 

16, 2005) [hereinafter telephone interview with Dr. B.J. Mycoskie]; telephone interview by 

House Committee on Government Reform staff with Dr. Mike Mycoskie, former medical director, 

Texas Rangers, in Washington, DC (Sept. 26, 2005) [hereinafter telephone interview with Dr. 

Mike Mycoskie]; telephone interview by House Committee on Government Reform staff with Dr. 

David Hunter, internist, Texas Rangers, in Washington, DC (Sept. 23, 2005) [hereinafter telephone interview with Dr. David Hunter]; telephone interview by House Committee on Government Reform staff with Jamie Reed, head trainer, Texas Rangers, former assistant trainer, Baltimore Orioles, in Washington, DC (Sept. 16, 2005) [hereinafter telephone interview with Jamie 

Reed]; telephone interview by House Committee on Government Reform staff with Dan Wheat, 

former head trainer, Texas Rangers, in Washington, DC (Sept. 15, 2005) [hereinafter telephone 

interview with Dan Wheat]. 353Telephone interview with Dr. B.J. Mycoskie, supra note 352. 354 Id. 355 Id. 356 Id. 357 Id. 358 Id. 359 Id. 360 Id. 

stated that he does not believe that Mr. Palmeiro asked other team 

trainers for a B–12 shot.348 To Mr. Bancells’ knowledge, Mr. 

Palmeiro did not ask the Orioles medical doctors for B–12.349

When asked about his knowledge of steroid use by Mr. Palmeiro 

during his two tenures with the Orioles, Mr. Bancells stated he had 

no reason to believe Mr. Palmeiro took steroids.350 Mr. Bancells explained that he based this belief on his observation of Mr. 

Palmeiro’s physical stature, as Mr. Palmeiro was not ‘‘bulked 

up.’’ 351

G. Interviews with Officials from the Texas Rangers During Rafael 

Palmeiro’s Time with the Texas Rangers 

Rafael Palmeiro played for the Texas Rangers from 1989–1993 

and 1999–2003. Personnel from the Texas Rangers medical and 

training staff were interviewed by Committee staff. All those interviewed stated they had no personal knowledge of Mr. Palmeiro taking steroids; that they were never approached by anyone who 

claimed to have personal knowledge of Mr. Palmeiro taking 

steroids; and that they never had professional concerns or suspicions that Mr. Palmeiro was taking steroids.352

i. Interview with Dr. B.J. Mycoskie 

On September 16, 2005, Committee staff conducted a telephone 

interview of Dr. B.J. Mycoskie.353 Dr. B.J. Mycoskie began working 

for the Texas Rangers in 1972 when he served as the head doctor 

and medical director for the team.354 In 1985, Dr. B.J. Mycoskie 

turned over his work to his son, Dr. Mike Mycoskie.355 Dr. B.J. 

Mycoskie stated he still attends spring training every year and occasionally assists in the training room before home games.356

Dr. B.J. Mycoskie stated that it was common to administer B–

12 shots to players.357 He indicated that the shot would always be 

recorded, indicating who received it, how much was injected, and 

where the shot was injected.358 Dr. B.J. Mycoskie stated that B–

12 is not used for performance-enhancement.359 Dr. B.J. Mycoskie 

said B–12 can be helpful for those who are tired, ‘‘washed out,’’ irritable, or suffering from chronic fatigue syndrome.360 Dr. Mycoskie 

30 

361 Id. 362 Id. 363 Id. 364 Id. 365 Id. 366 Id. 367 Id. 368Telephone interview with Dr. Mike Mycoskie, supra note 352. 369 Id. 370 Id. 371 Id. 372 Id. Telephone interview with Dr. B.J. Mycoskie, supra note 352. 373Telephone interview with Dr. Mike Mycoskie, supra note 352. 374 Id. 375 Id. 376 Id. 377Telephone interview with Dr. David Hunter, supra note 352. 378 Id. 

stated that he performed an annual spring training physical of the 

players, but did not conduct any other evaluation prior to prescribing B–12 to players.361 Dr. B.J. Mycoskie stated B–12 shots 

were not given very often to players, maybe three to six times per 

season, and that fewer than 12 players in a year would receive 

them.362

Dr. B.J. Mycoskie stated he gave B–12 shots to both Rafael and 

Lynn Palmeiro.363 Dr. B.J. Mycoskie’s recollection was that the 

shots took place in 2003 at spring training in Arizona.364 Dr. B.J. 

Mycoskie indicated that Mr. Palmeiro would come to him and discuss getting a B–12 shot.365 Dr. B.J. Mycoskie stated that he did 

not recall giving Mr. Palmeiro B–12 shots during Mr. Palmeiro’s 

first tenure with the Rangers.366

Dr. B.J. Mycoskie recalled that he was never worried about B–

12 contamination because all syringes were individually packaged 

and sealed and the team received the B–12 from one drug supplier 

in California.367

ii. Interview with Dr. Mike Mycoskie 

On September 26, 2005, Committee staff conducted a telephone 

interview with Dr. Mike Mycoskie.368 Dr. Mike Mycoskie is an orthopedic surgeon who was formerly on the medical staff of the 

Texas Rangers.369 Dr. Mike Mycoskie began as a medical consultant for the Rangers in 1981 and became the medical director in approximately 1985.370 In 1996, Mike Mycoskie returned to being a 

medical consultant. He stopped working for the Rangers in 2003.371

Dr. Mike Mycoskie is the son of Dr. B.J. Mycoskie.372

Dr. Mike Mycoskie stated he did provide B–12 shots to players, 

a couple times per year.373 He explained that the B–12 shot requests were always initiated by the players and no more than a 

handful of players would request the shots each season.374 Dr. 

Mike Mycoskie stated that he is sure that he provided Mr. 

Palmeiro with a B–12 shot.375

Dr. Mike Mycoskie stated that he never had professional concerns or suspicions that Mr. Palmeiro was taking steroids because 

Mr. Palmeiro did not have the body type of a steroid user.376

iii. Interview with Dr. David Hunter 

On September 23, 2005, Committee staff conducted a telephone 

interview of Dr. David Hunter.377 Dr. Hunter began working with 

the Texas Rangers in 1981 as an internal medicine consultant.378

31 

379 Id. 380 Id. 381 Id. 382 Id. 383 Id. 384 Id. 385 Id. 386 Id. 387 Id. 388Telephone interview with Jamie Reed, supra note 352. 389 Id. 390 Id. 391 Id. 392 Id. 393 Id. 394 Id. 395 Id. 396 Id. 

In the mid 1980’s, Dr. Hunter became the primary internist for the 

Rangers.379

Dr. Hunter explained that he did see every player, and had no 

recollection of treating Mr. Palmeiro for a significant illness during 

either of Mr. Palmeiro’s tenures with the Rangers.380 Dr. Hunter 

stated that he did not treat Mr. Palmeiro’s family, as he tends to 

not treat the players’ families.381 According to Dr. Hunter, he never 

gave Mr. Palmeiro any oral or injectable vitamins during either of 

Mr. Palmeiro’s tenures with the Rangers.382

Dr. Hunter did not recall Mr. Palmeiro ever asking for B–12.383

Dr. Hunter stated that he was aware that players periodically received B–12 shots and that he would assume Mr. Palmeiro received 

B–12 shots.384 Dr. Hunter said that Dr. B.J. Mycoskie would give 

the B–12 shots and that Dr. B.J. Mycoskie had more interaction 

with the players than Dr. Hunter.385

Dr. Hunter said his reaction to learning that Mr. Palmeiro tested 

positive for steroids ranged from shock and disbelief to anger and 

sadness.386 Dr. Hunter said Mr. Palmeiro’s positive test result was 

the last thing in the world he thought would happen.387

iv. Interview with Jamie Reed 

On September 16, 2005, Committee staff conducted a telephone 

interview of Jamie Reed. Mr. Reed is the head athletic trainer for 

the Texas Rangers.388 Mr. Reed began serving his role with the 

Rangers in 2003.389 He also served as the Baltimore Orioles assistant trainer from 1989–1996.390

Mr. Reed said that he was familiar with players receiving B–12 

injections while with the Rangers.391 He stated that he did not recall a specific request from Mr. Palmeiro for B–12.392 Mr. Reed explained that as the athletic trainer, he was not permitted to prescribe medicines or give injections to players.393

With regard to the time that Mr. Palmeiro and Mr. Reed were 

in Baltimore together (1994–1996), Mr. Reed stated that he did not 

personally observe Mr. Palmeiro taking steroids.394 In addition, 

Mr. Reed recalled that he never had a discussion with anyone who 

claimed to have personal knowledge of Mr. Palmeiro taking 

steroids.395 In addition, Mr. Reed stated he never had a professional reason that led him to believe that Mr. Palmeiro might be 

taking steroids.396 Mr. Reed said that he did not suspect that Mr. 

32 

397 Id. 398Telephone interview with Dan Wheat, supra note 352. 399 Id. 400 Id. 401 Id. 402 Id. 403 Id. 404 Id. 405 Id. 406 Id. 407 Id. 408 Id. 409 Id. 410 Id. 411 Id. 412 Id. 413 Id. 414This player’s identity will not be disclosed. 

Palmeiro was taking steroids because Mr. Palmeiro’s body size was 

consistent when he played in Baltimore and in Texas.397

v. Interview with Dan Wheat 

On September 15, 2005, Committee staff conducted a telephone 

interview of Dan Wheat.398 Mr. Wheat began working for the 

Texas Rangers as an assistant athletic trainer in 1985.399 In 1991, 

Mr. Wheat was promoted to head athletic trainer.400 Mr. Wheat 

left the Rangers in 2002.401

Mr. Wheat stated that athletic trainers were not permitted to 

give injections to players.402 The trainers would distribute overthe-counter and prescription medications to players per the team 

doctors’ requests.403

Mr. Wheat recalled that B–12 shots were frequently administered to players, but could not recall which players received the 

shots.404 He said that players typically received the shots two or 

three times throughout the year.405 Mr. Wheat said players took 

B–12 because they believed the vitamin made them feel better and 

gave them a boost.406

Mr. Wheat was also asked about the use of steroids and amphetamines by players on the Rangers.407 He stated that he suspected 

that some players might have used steroids, but felt that the use 

of amphetamines was ‘‘prevalent.’’ 408 He would frequently hear 

players say things like ‘‘Who’s got ’em?’’ and ‘‘I need another one’’ in reference to amphetamines.409 He related an anecdote involving ‘‘greenies,’’ a name for amphetamines.410 He once asked a player, ‘‘Of the nine players on the field, how many took greenies 

today?’’ 411 The answer from the players was ‘‘eight.’’ 412 Mr. Wheat 

indicated that the use of amphetamines remained prevalent 

throughout his tenure as trainer, and that he thought that amphetamine use in Major League Baseball was an even bigger problem 

than steroid use.413

Another player interviewed by Committee staff also indicated 

that amphetamine use may be prevalent and accepted in MLB.414

Regarding amphetamine use in Major League Baseball, he stated 

that ‘‘I am sure different guys have,’’ noting that ‘‘it is part of the 

baseball world.’’ He also related that he stays away from the coffee 

in the clubhouse because of concerns that players have spiked the 

coffee with amphetamines. He indicated that he is ‘‘sure’’ that players have spiked it in the past, that ‘‘they don’t think it is anything 

big,’’ and that ‘‘in my . . . career, I can guarantee you there has 

33 

415 Canseco, supra note 10. 416 Id. at 131–36. Mr. Canseco, Mr. Palmeiro, Mr. Rodriquez, and Mr. Gonzalez played on the 

Texas Rangers together during the 1992–1993 season. 417 Canseco, supra note 10, at 133. 418 Id. at 135. 419 Id. 420Letter from Gary I. Wadler, clinical associate professor of medicine at New York University 

School of Medicine, to Tom Davis, chairman, House Committee on Government Reform (Oct. 27, 

2005). 421Letter from Chairman Tom Davis and Ranking Member Henry A. Waxman, House Committee on Government Reform, to Jose Canseco (Oct. 24, 2005). 422 Id. 423Letter from Jose Canseco, to Chairman Tom Davis and Ranking Member Henry A. Waxman, House Committee on Government Reform (Oct. 28, 2005). 

[sic] been players, when a team is struggling or a team is going 

through a bad streak, they will spike the coffee.’’ Although he indicated that these concerns were ‘‘pretty much’’ restricted to the era 

before MLB drug testing, he stated that ‘‘it still happens’’ today 

and that players are unaware of the risk. 

H. Jose Canseco’s Allegations 

In February 2005, Jose Canseco published Juiced: Wild Times, 

Rampant ’Roids, Smash Hits, and How Baseball Got Big.415 In his 

book, Mr. Canseco writes of the 1992–1993 season during which he 

played for the Texas Rangers, along with teammates Rafael 

Palmeiro, Ivan Rodriguez, and Juan Gonzalez.416

Mr. Canseco wrote: 

I sat down with Rafael Palmeiro, Juan Gonzalez, and Ivan 

Rodriguez, and educated them about steroids. Soon I was 

injecting all three of them. I personally injected each of 

those three guys many times, until they became more familiar with how to use a needle and were able to do it 

themselves.417

* * * 

Palmeiro, Gonzalez, and Ivan Rodriguez all started asking 

me a lot of questions about steroids soon after I joined the 

Rangers.418

In addition, Mr. Canseco wrote that the players were on a ‘‘combination of growth hormone and steroids—mostly Deca and 

Winstrol.’’ 419 Winstrol is another name for stanozolol, the steroid 

detected in Mr. Palmeiro’s urine.420

i. Correspondence with Jose Canseco 

On October 24, 2005, Chairman Davis and Representative Waxman sent a letter to Jose Canseco, via Mr. Canseco’s attorney, Robert Saunooke.421 The letter requested that Mr. Canseco ‘‘take this 

opportunity to share with the Committee any additional information or evidence you may have regarding Mr. Palmeiro and any allegations of his steroid use.’’ 422

On October 28, 2005, Mr. Saunooke responded in writing to 

Chairman Davis on Mr. Canseco’s behalf.423 Mr. Saunooke wrote: 

Mr. Canseco has no additional information or knowledge 

other than that which is set forth in his book . . . regarding use by Rafeal [sic] Palmeiro. Mr. Canseco stands behind the statements in his book, the timing during which 

the events took place as set forth in his book, and his prior 

34 

424 Id. 425Telephone interview by House Committee on Government Reform staff with Ivan 

Rodriguez, former Texas Ranger, in Washington, DC (Oct. 18, 2005) [hereinafter telephone 

interview with Ivan Rodriguez]. 426 Id. 427 Id. 428 Id. 429Mr. Rodriguez was not asked about allegations surrounding his own personal steroid use, 

as such questions fell outside the scope of the committee’s investigation. 430Telephone interview with Ivan Rodriguez, supra note 425. 431 Id. 432 Id. 433Telephone interview by House Committee on Government Reform staff with Juan Gonzalez, former Texas Ranger, in Washington, DC (Oct. 4, 2005) [hereinafter telephone interview 

with Juan Gonzalez]. 434 Id. 435 Id. 436 Id. 

statements to the Committee during the hearings of March 

17, 2005.424

ii. Interview with Ivan Rodriguez 

Ivan Rodriguez and Mr. Palmeiro played on the Texas Rangers 

together from 1991–1993 and 1999–2002. Because of the length of 

time the two men played together and the allegations by Jose 

Canseco, Committee staff interviewed Mr. Rodriguez. This interview was conducted on October 18, 2005.425

Mr. Rodriguez was asked about his knowledge of steroid use by 

Mr. Palmeiro. Mr. Rodriguez stated that during their playing time 

together, he had no personal knowledge of Mr. Palmeiro taking 

steroids.426 Mr. Rodriguez stated he was never approached by anyone else who had personal knowledge of Mr. Palmeiro taking 

steroids.427 Mr. Rodriguez explained that he never had personal 

reasons to suspect that Mr. Palmeiro was taking steroids.428

Mr. Rodriguez was asked about the portions of Jose Canseco’s 

book, Juiced, which referred to events that allegedly occurred when 

Mr. Rodriguez, Mr. Palmeiro, Juan Gonzalez, and Mr. Canseco 

played together for the Texas Rangers.429 Mr. Rodriguez said Mr. 

Canseco and Mr. Palmeiro had a relationship in the field because 

they were teammates.430 Mr. Rodriguez stated that he never heard 

Mr. Canseco and Mr. Palmeiro talk about any subject other than 

baseball.431 Mr. Rodriguez said that he never heard Mr. Canseco 

and Mr. Palmeiro talking about steroids. Mr. Rodriguez stated that 

he never saw Mr. Canseco inject Mr. Palmeiro.432

iii. Interview with Juan Gonzalez 

Juan Gonzalez and Mr. Palmeiro played on the Texas Rangers 

together from 1991–1993, in 1999, and from 2002–2003. Because of 

the length of time the two men played together and the allegations 

by Jose Canseco, Committee staff interviewed Mr. Gonzalez. This 

interview was conducted on October 4, 2005, by telephone.433

Mr. Gonzalez stated that he first met Mr. Palmeiro at spring 

training in 1990.434 Mr. Gonzalez said he and Mr. Palmeiro were 

friends and would talk like teammates and that the two did not socialize outside of the clubhouse.435

Mr. Gonzalez was asked about his knowledge of steroid use by 

Mr. Palmeiro. Mr. Gonzalez stated that during their playing time 

together, he had no personal knowledge of Mr. Palmeiro taking 

steroids.436 Mr. Gonzalez stated he was never approached by anyVerDate Aug 31 2005 15:19 Nov 19, 2005 Jkt 049006 PO 00000 Frm 00040 Fmt 6659 Sfmt 6601 E:\HR\OC\HR310.XXX HR310
35 

437 Id. 438 Id. 439Mr. Gonzalez was not asked about allegations surrounding his own personal steroid use, 

as such questions fell outside the scope of the committee’s investigation. 440Telephone interview with Juan Gonzalez, supra note 433. 441 Id. 442 Id. 443 Id. 444Tracy Ringolsby, Piedra’s Take on Palmeiro: ‘‘We All Make Mistakes,’’ Rocky Mountain 

News (Denver, Co.), Aug. 3, 2005, at 5C. The article indicated that Jorge Piedra of the Colorado 

Rockies was an off-season workout partner of Mr. Palmeiro’s. Like Mr. Palmeiro, Mr. Piedra was 

suspended by Major League Baseball (on Apr. 11, 2005) for violation of the MLB drug policy. 

Because of his alleged relationship with Mr. Palmeiro and the fact that each had a positive drug 

test in 2005, committee staff interviewed Mr. Piedra by telephone on Sept. 12, 2005. Telephone 

interview with Jorge Piedra, baseball player for the Colorado Rockies, in Washington, DC (Sept. 

12, 2005). Mr. Piedra stated that in the 2003–2004 off season, he worked out at the Fast Twitch 

Sports Training Center in Southlake, TX. (Id.) He indicated that Mr. Palmeiro worked out at 

the same facility six to eight times while Mr. Piedra was there. (Id.) Mr. Piedra indicated that 

his interaction with Mr. Palmeiro was limited. (Id.) Mr. Piedra stated that Mr. Palmeiro knew 

he was a ballplayer and would say hello; that the two exchanged small talk a few times about 

family and where they would practice hitting; and that the two have not spoken to each other 

since, except when their teams, the Rockies and the Orioles, played against each other. (Id.) 

Mr. Piedra indicated that at these games, Mr. Palmeiro recognized Mr. Piedra and exchanged 

a short greeting. (Id.) During the committee’s interview of Mr. Palmeiro, he stated that he participated in an off season workout at the Fast Twitch facility in Southlake, TX during the 2003–

2004 off season. Interview with Rafael Palmeiro, baseball player for the Baltimore Orioles, in 

Washington, DC, 11–14 (Aug. 25, 2005). Mr. Palmeiro indicated that he did not know Mr. 

Piedra, did not remember his name, (Id. at 12) and did not know if he trained with Mr. Piedra 

(Id. at 12). 445Letter from Ron Maughan, Ph.D. FACSM, Loughborough University to Adam C. Sloane, 

attorney for Rafael Palmeiro (Aug. 11, 2005). 446 Id. 447 Id. 

one else who had personal knowledge of Mr. Palmeiro taking 

steroids.437 Mr. Gonzalez explained that he never had personal reasons to suspect that Mr. Palmeiro was taking steroids.438

Mr. Gonzalez was asked about the portions of Jose Canseco’s 

book, Juiced.439 Mr. Gonzalez said he never saw Mr. Canseco talk 

to Mr. Palmeiro about steroids.440 Mr. Gonzalez stated that he 

never saw Mr. Canseco inject Mr. Palmeiro. Mr. Gonzalez recalled 

that Mr. Canseco never told him that Mr. Canseco gave Mr. 

Palmeiro steroids or that Mr. Canseco injected Mr. Palmeiro with 

steroids.441 Mr. Gonzalez said he only heard Mr. Palmeiro and Mr. 

Canseco talk about baseball, and that Mr. Palmeiro and Mr. 

Canseco were from the same country, so they spoke casually to 

each other and were professional.442 Mr. Gonzalez stated that he 

did not know if Mr. Palmeiro and Mr. Canseco socialized outside 

of the clubhouse.443

iv. Other Evidence 444

Representatives for Mr. Palmeiro provided information to the 

Committee in support of Mr. Palmeiro’s assertion that his positive 

drug test was due to contaminated B–12. On August 12, 2005, Mr. 

Palmeiro’s attorneys provided a letter from Dr. Ronald Maugham, 

of Loughborough University.445 This letter spoke to the general 

issue of contaminated nutritional supplements, indicating that contamination of such supplements by steroids had occurred in the 

past. Dr. Maugham stated that he was unaware of any cases of 

contamination of supplements by stanozolol.446 He also, however, 

provided no evidence indicating that B–12 had ever been contaminated by stanozolol or any other steroid.447

36 

448Letter from Milton S. Pinedo, M.D., president of the Dominican Federation of Sports Medicine, to Adam C. Sloane, attorney for Rafael Palmeiro (Aug. 25, 2005). 449 Id. 450 Id. 451 E-mail from Elizabeth Hunter, director of communication, World Anti-Doping Agency, to 

House Committee on Government Reform staff (Nov. 9, 2005, 07:32 EST) (on file with House 

Committee on Government Reform). E-mail from Travis Tygart, general counsel, U.S. AntiDoping Agency, to House Committee on Government Reform staff (Nov. 7, 2005, 21:45:29 EST) 

(on file with House Committee on Government Reform). 452Letter from Gary I. Wadler, clinical associate professor of medicine at New York University 

School of Medicine, to Tom Davis, chairman, House Committee on Government Reform (Nov. 

9, 2005). 453Memorandum from Congressional Research Service, Vitamin 12 Therapy, (Nov. 4, 2005). 454 Id. 455 Id. 

Mr. Palmeiro’s representatives sent a second letter to the Committee on September 6, 2005.448 This letter, from Dr. Milton S. 

Pinedo, the president of the Dominican Federation of Sports Medicine, stated that Dr. Pinedo had seen cases in the Dominican Republic where B–12 had been deliberately mixed with steroids.449

This letter provided no specific information on the contamination 

or deliberate mixture of B–12 with stanozolol.450

Committee staff consulted with WADA, the U.S. Anti Doping 

Agency [USADA], and an independent expert on steroids, Dr. Gary 

Wadler, of the New York University School of Medicine, regarding 

vitamin B–12 contamination. WADA and USADA confirmed for 

Committee staff that the organizations had never seen a case in 

which a positive steroid test was caused by contaminated B–12, or 

a case where an athlete claimed that his or her steroid exposure 

was due to contaminated vitamin B–12, or the deliberate mixing of 

vitamin B–12 and steroids.451 Dr. Wadler also informed Committee 

staff that he had never seen such a case.452

As part of the investigation, Committee staff inquired about the 

use of B–12. The Committee staff determined that B–12 in 

injectable form can legally be obtained only via prescription.453 The 

only approved use of this drug is to treat patients with pernicious 

anemia and similar conditions resulting in B–12 deficiencies.454

There is no medical evidence that vitamin B–12 improves the wellbeing of individuals who do not suffer from B–12 deficiencies.455

IV. FINDINGS

The Committee will not make a perjury referral to the Department of Justice. A referral for perjury is a serious step. The evidence before the Committee is insufficient to merit a perjury referral. 

Mr. Palmeiro’s urine sample that tested positive for stanozolol 

was collected on May 4, 2005. Based on the detection windows for 

stanozolol, which are as long as 4 weeks, the Committee is unable 

to conclude that Mr. Palmeiro took—either purposefully or inadvertently—the stanozolol that resulted in his positive test result 

before March 17, 2005, the date of his congressional testimony. 

During his interview with Committee staff, Mr. Palmeiro stated 

that his best guess as to what caused his positive steroid test was 

his use of liquid B–12. The Committee obtained no evidence indicating that B–12 has ever been inadvertently contaminated with 

stanozolol. The vial of B–12 provided to Mr. Palmeiro by Mr. 

Tejada was discarded by Mrs. Palmeiro. However, two bottles of B–

12 were provided to the Players Association by Mr. Tejada. Neither 

37 

sample was contaminated with stanozolol. During the Committee 

staff’s interview of Player A, he stated he had a remaining vial of 

B–12 provided to him by Mr. Tejada in May 2005. Player A gave 

to the Committee the remainder of the vial of B–12. This bottle 

was tested, and also contained no stanozolol. 

During the 2005 season, Mr. Tejada and Player A both injected 

B–12 purchased by Mr. Tejada and neither tested positive for 

steroids under MLB’s testing program. Based on this information, 

the interviews with Miguel Tejada and Player A, and the analysis 

run on the vial of B–12 provided to Player A by Mr. Tejada, the 

Committee is unable to determine whether the B–12 provided to 

Mr. Palmeiro by Mr. Tejada contained stanozolol. 

In his book, Jose Canseco alleged that he personally taught Mr. 

Palmeiro how to take steroids and injected Mr. Palmeiro with 

steroids. Mr. Palmeiro denied these allegations. In addition, Ivan 

Rodriguez and Juan Gonzalez, both teammates of Mr. Canseco and 

Mr. Palmeiro, and both of whom Mr. Canseco alleged were present 

during Mr. Palmeiro’s steroid use, stated they have no personal 

knowledge of Mr. Palmeiro taking steroids. Mr. Canseco was given 

the opportunity to provide the Committee with additional information regarding Mr. Palmeiro’s steroid use, as Mr. Canseco’s book, 

Juiced, does not provide dates and contains general, rather than 

specific descriptions of Mr. Palmeiro’s alleged steroid use. Mr. 

Canseco chose not to elaborate further on the general information 

in his book. 

The Committee staff also interviewed current and former teammates, trainers, and team physicians regarding knowledge of Mr. 

Palmeiro’s steroid use. The individuals who were interviewed stated they had no personal knowledge or information from any other 

source that Mr. Palmeiro took steroids. 

In the absence of specific evidence that Mr. Palmeiro took 

steroids prior to March 17, 2005, the Committee will not be referring the matter to the Department of Justice for a possible perjury 

prosecution. 

V. OTHER MATTERS

During this investigation, the Committee learned of information 

relevant to the policy debate in Congress about the need for Federal standards for performance-enhancing drug testing in professional sports. 

First, the Committee learned that the problem of performance 

enhancing drugs in Major League Baseball may not be restricted 

to steroids. The Committee heard from two witnesses—Dan Wheat 

and a player interviewed as part of the investigation—about the 

use of amphetamines in Major League Baseball. Mr. Wheat indicated that the use of amphetamines was prevalent, and that amphetamines were an even bigger problem in Major League Baseball 

than steroids. The player who was interviewed indicated that they 

were used by a number of players, and that their use was widely 

accepted and considered ‘‘part of the baseball world.’’ He also indicated that on at least one occasion in his career, players had spiked 

clubhouse coffee with amphetamines. 

Second, the testimony of two players—Mr. Palmeiro and Player 

A—raised questions about the integrity of MLB’s testing program 

collection procedures. Pursuant to MLB’s testing program, if a 

38 

456MLB testing program, supra note 44, at Addendum A. 457 Id. 

player is unable to provide a sample, the player may be given ‘‘an 

hour’’ to attempt another sample.456 In addition, the collector ‘‘may 

have to stay 1 hour after the end of the game to collect an adequate 

sample.’’ 457 However, both Mr. Palmeiro and Player A told Committee staff that on the day they were informed they would be tested under the MLB testing program, they were given a window of 

several hours between the time they were notified and the time 

they were required to take the test. During this time, they were 

unsupervised, and able to come and go from the locker room and 

other areas as they pleased. It is the Committee’s understanding 

that any additional time given to players to provide a urine sample, 

is based upon the player being unable to provide an adequate sample, not based upon the player choosing to provide his sample at 

a later time. The time between notification and sample collection 

provides opportunities for players to cheat on their drug tests—either by taking masking agents to avoid the detection of steroids in 

their urine or by more invasive methods. 

Æ