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[Definitie:] "An ergogenic aid is any substance or phenomenon that enhances performance."
(Wilmore and Costill) 
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1 6 - 0 3 - 2 0 0 6 Legal technicality, steroids test result in deputy murder case lead to formal appeal
By Vanessa Blum and Paula McMahon Murder suspect Kenneth Wilk doesn't deny firing the shot that killed Broward Sheriff's Deputy Todd Fatta on Aug. 19, 2004. But what once seemed like an open and shut murder case has hit some unexpected hurdles. Among them: a toxicology report showing anabolic steroids in Fatta's system after his death and a legal technicality that could stop prosecutors from seeking Wilk's execution. Federal law requires prosecutors to alert defendants that they intend to seek the death penalty within "a reasonable time before trial." In Wilk's case, that notice came in February 2005, 58 days before his scheduled trial date. On March 30, the U.S. Court of Appeals for the 11th Circuit in Atlanta will consider whether government lawyers lived up to their legal requirement. The appeal is unusual because it comes in the middle of a criminal case instead of at its conclusion. If defense lawyers prevail, Wilk's life may be spared. The reference to possible steroid use by Fatta turns up in a footnote buried in a legal brief to the appellate court. Wilk's defense lawyers also state that Fatta's name appeared on a list of illegal steroid purchasers. The list identifies Fatta as a customer of PowerMedica, an Internet firm authorities believe sold steroids without valid medical prescriptions. A raid on PowerMedica's Deerfield Beach offices last year sparked investigations into at least eight Broward sheriff's deputies whose names were found in the company's records. All of the officers have been cleared of wrongdoing in internal investigations. Rafael Rodriguez and William Matthewman, Wilk's defense lawyers, declined to discuss evidence that Fatta was taking steroids. However, criminal defense lawyers not involved in the case said the revelation could be a key piece of evidence because the drug can make users more aggressive and impulsive. Miami attorney Barry Wax, who co-chairs the death penalty committee of the Florida Association of Criminal Defense Lawyers, said if Fatta were abusing steroids it could support a claim of self-defense. "It goes directly to the manner in which the police officer executed the warrant and gained access to the premises in the first place," Wax said. "If a police officer is acting aggressively and going into someone's house with guns drawn that could lead to the defendant's reasonable apprehension that he's going to be harmed." Elliot Cohen, a Sheriff's Office spokesman, declined to comment on Fatta's alleged steroid use. "Nothing will change the fact that Deputy Todd Fatta was gunned down and murdered in the line of duty by a child pornography suspect who armed himself with a hunting rifle and opened fire as deputies entered his home," Cohen said in a statement. Police say Wilk, who had a history of threatening law enforcement, lay in wait for officers who came to his Fort Lauderdale house with a search warrant in a child pornography investigation. Wilk killed Fatta and injured Sheriff's Deputy Sgt. Angelo "Angie" Cedeņo after the officers forcibly entered the house. Fatta, who was 33, died shortly after arriving at the hospital. At his memorial service, Sheriff Ken Jenne described Fatta as a "shining example of what a deputy should be: competent and courageous, tenacious and tough, brave and dedicated, yet understanding and compassionate to those who needed a helping hand." Andrew Yaffa, the attorney representing Fatta's family in a wrongful death lawsuit against the Sheriff's Office, called the revelation of possible steroid use "irrelevant." "Todd was a great person and a fantastic officer and nothing the defense does in an effort to create a defense is going to take away from his reputation," Yaffa said. 2 0 - 0 3 - 2 0 0 6 Steroids a key to defense in BSO slaying case
Mar. 20, 2006 A slain deputy's alleged steroid use has become an issue in the prosecution of a Fort Lauderdale man charged in the death. That has upset the deputy's family. The family of slain Broward Sheriff's Deputy Todd Fatta is outraged that his accused killer's lawyers are looking to defend their client by smearing Fatta with suggestions he used illegal steroids. In court papers, Kenneth Wilk's defense disclosed that a toxicology report found anabolic steroids -- ''which can cause rage'' -- were present in Fatta's system at the time of his death. The papers also said investigators found Fatta's name on a ``list of illegal steroid purchasers.''The defense papers characterize all that as ``crucial and likely mitigating evidence.'' Andrew Yaffa, a lawyer for Fatta's family, calls it ``an absolute red herring.'' ''The family is very angry. They knew nothing about this issue,'' said Yaffa. ``The defense is grasping at straws. Whether Todd was taking steroids or not, he was doing his job and acting as instructed.'' ''The bottom line is that Wilk certainly didn't know the medical history of anyone coming in his door when he grabbed a rifle,'' BSO spokesman Elliot Cohen said. ``Any way you look at it, he gunned down a deputy doing his duty.'' Wilk is awaiting trial in federal court for the murder of Fatta and the attempted murder of BSO Sgt. Angelo Cedeņo. The deputies were shot as they attempted to serve federal search and arrest warrants in a child pornography investigation at Wilk's Fort Lauderdale home on Aug. 19, 2004. TECHNICALITY The technical issue before the appeals court: whether federal prosecutors gave Wilk's defense team proper pretrial notice of its decision to seek the death penalty. William Matthewman, one of Wilk's court-appointed attorneys, would not discuss the case. ''I have a great deal of sympathy for Officer Fatta's family, but I really cannot comment,'' said Matthewman, who was a Miami police officer from 1975 to 1981. Fatta was among a team of six lawmen who crept up to Wilk's door and announced, ''Police. Sheriff's warrant,'' several times, authorities have said. After getting no response that morning, the officers used a battering ram to break down Wilk's front door. Fatta, 33, was the first officer inside the home. Moments later, deputies heard rifle blasts and the nine-year veteran was found lying in a pool of blood. A high-powered slug had torn through Fatta's bulletproof vest. He died a short time later. Cedeņo was wounded. Police said Wilk waited in ambush, firing his high-powered rifle as he crouched behind a kitchen counter. INDICTMENTS A week after Fatta's death, a federal grand jury indicted Wilk and his roommate, Kelly Ray Jones, on child pornography charges. The following October, Wilk was indicted again on first-degree murder and other charges. Wilk pleaded not guilty. Because the officers were assigned to a federal task force, the U.S. Attorney's Office is prosecuting the case. Fatta's family has sued Broward Sheriff Ken Jenne, alleging that Fatta's slaying could have been avoided. The family maintains the agency should have used specially trained and outfitted SWAT team members to serve the warrants on Wilk. |
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