You may have forgotten (I did) that Antonio Silva and his lawyer, Howard Jacobs, were taking the CSAC to an actual court of law to appeal Silva’s steroid suspension.
The verdict is out, and guess who won? Nope, not Silva.
The Los Angeles Superior Court upheld the California State Athletic Commission’s one-year suspension of Antonio Silva for steroid use on Friday, rejecting a “writ of mandate” ruling that would have superseded the CSAC’s findings.
Silva’s attorney, Howard Jacobs, had filed the civil action against the CSAC on Jan. 7, the first known case in which a mixed martial artist has legally contested a decision outside the state regulatory body.
On Friday, Jacobs argued that the commission acknowledged that the positive test could have been attributed to the steroid or the over-the-counter supplement Novedex. Jacobs said that Novedex is currently catalogued as an over-the-counter supplement, and not a drug, by the Food and Drug Administration, placing the substance outside the CSAC’s jurisdiction.
Judge David P. Yaffe ruled that Novedex could be classified as a drug because it “intended to affect the structure or any other function of the body.”
Next up for Silva, the CSAC commissioners will decide if they’ll revoke Silva’s license for violating his suspension by fighting in Japan. Something tells me that’s not going to well either.
Oh, and by the way, Howard Jacobs seems to have defended a lot of fighters in recent years, most notably Sean Sherk, but has he ever successfully defended one of his clients in these cases? Not that I can recall. Maybe the next fighter who needs to combat a positive steroid test should look elsewhere.