October 21, 2003
In recent days there has been a great deal of media
attention focused upon allegations of illegal activity
and misconduct by Mr. Victor Conte, owner and operator
of a Bay Area laboratory known as BALCO. There
appears to be an ongoing federal grand jury
investigation into these allegations to which the
defense of Mr. Conte is not privy. It is premature
to comment on such investigation at this time. We
must all remember that the grand jury is a one sided
process which is result oriented. The defense has no
role to play in such a process. However, at the end
of the day, the government still retains the burden
proof with regard to any charges contained in any
possible indictment.
Unfortunately, the speculation about what may or not
be contained in a possible indictment appears to be
fueled by leaks of information the source of which is
unknown by the defense. Much of what is contained in
recent media revelations is totally misguided and
untrue and appears to be premised upon information, or
misinformation from sources unknown to the defense
whose reliability is yet to be tested.
First and foremost, Victor Conte is presumed to be
innocent. That presumption stays with Mr. Conte
throughout all of these proceedings and is not
overcome by speculation and allegations from unknown
sources. There may come a time in which the
matters of speculation are tested in the waters of a
jury trial. If and when that happens, the defense
intends to prove Mr. Conte‚s innocence of all
possible charges. Moreover the results of the
defense‚s own investigation have not been revealed to
anyone including the government.
Mr. Conte is a scientist and business man who has
dedicated his life to helping others including high
profile athletes. His company, SNAC System, markets
a nutritional product developed by Mr. Conte known as
ZMA distributed by more than 50 distributors
worldwide. ZMA is a contamination free raw material
manufactured utilizing the highest degree of quality
control and assurance. Mr. Conte wishes to assure his
consumers that such product will continue to be
manufactured and made available to the hundreds of
thousands of ZMA users presently benefiting from such
product.
These are difficult times for Mr. Conte and his family
and we request that to whatever extent possible, that
everyone respect their privacy. Information flowing
from a criminal investigation necessarily takes time
to digest and consider. Please remember, the defense
has not yet begun to fight.
Robert Holley and Troy Ellerman. Legal counsel for
Victor Conte
and BALCO Laboratories.
Comment