School officials must reinstate a Southwestern Louisian
Aug. 03, 1995
BATON ROUGE, La. (AP) _ School officials must reinstate a Southwestern Louisiana football player who was suspended after failing a drug test for steroids, a state district judge has ruled.
The test indicated linebacker John Patout Brennan had high levels of testosterone. District Judge Joseph Keogh's Wednesday ruling said the test was flawed.
Athletic director Nelson Schexnayder would not comment on the ruling.
``I'm aware of it, but have not seen the reasons,'' he said.
After the ruling, university lawyer Winston DeCuir told Keogh the case would be appealed quickly because football season is approaching. NCAA lawyer Jack Kitchin said he did not know whether the NCAA would appeal. The NCAA was not sued by Brennan but joined the case on the side of the State Board of Trustees, which governs USL.
Last November, Brennan was suspended from athletics for a year after his testosterone level registered abnormally high in a random urine test given by the NCAA.
Testosterone, an anabolic steroid, is produced naturally by the body, but some athletes take more of it to build muscle. Taking more is banned by the NCAA.
Brennan missed the 1995 track season and was going to be barred from playing football this fall, said Murphy Foster, his lawyer.
Foster said his client did not knowingly try to boost his testosterone.
Keogh ruled that the test results could have been caused by several factors other than Brennan purposely ingesting testosterone.
Brennan had consumed alcohol and engaged in sex shortly before the test, both of which can cause aberrations in the testosterone readings, Keogh said.
Also, Brennan had been taking nutritional supplements that are not banned by the NCAA, the judge noted. During a trial earlier in the week, witnesses said such supplements sometimes contain testosterone and some other ingredients often used in the supplements can affect testosterone levels.