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Oct 8, 10:39 AM EDT
Government insists Benoit's steroid prescriptions were excessive
By HARRY R. WEBER
Associated Press Writer
ATLANTA (AP) -- Federal prosecutors say there's no way prescriptions for large amounts of steroids pro wrestler Chris Benoit received before he killed his wife, his son and himself in June were legal.
In court papers filed in connection with the criminal case involving Benoit's personal doctor, the government says that even if Benoit had a hormone disorder as a lawyer for the doctor has claimed, the amounts of testosterone he was given "well exceeded normal dosages."
Benoit's doctor, Phil Astin, is charged with overprescribing medication to two patients other than Benoit. While the indictment does not cover prescriptions to Benoit, more charges against Astin are expected.
Prosecutors were responding in the court papers Friday to a defense motion to suppress items seized during several searches of Astin's office, his mother's home and a storage container he used.
Defense attorney Manny Arora - who has since left the case - argued among other things that the government failed to seek the opinion of a hormone disorder specialist before filing search warrant affidavits asserting that the steroids Astin prescribed Benoit were excessive.
But prosecutors said that over a 12-month period ending a month before the murder-suicide, Astin wrote seven prescriptions to Benoit, each dispensing a 10-month supply of testosterone cypionate. The total dosage, if broken down by month, is "in excess by 50 percent of Food and Drug Administration dosage guidelines," prosecutors said.
The government said that "the addition of an endocrinologist's opinion to the affidavit would not have affected the reasonable inferences that defendant was illegally prescribing the steroids to Benoit."
Prosecutors noted that Benoit already was suspected of abusing steroids and Astin already was suspected of writing excessive prescriptions.
They said the motions to suppress, which move forward under Astin's new lawyer, should be denied. There was no immediate ruling.
Astin has pleaded not guilty to the federal charges against him. No trial date has been set. A prosecutor reiterated last month that he will seek more charges against Astin. The prosecutor did not say when the superseding indictment will be filed, or what charges will be included.
Authorities have said Benoit, 40, strangled his wife with a cord, used a choke hold to strangle his 7-year-old son, placed Bibles next to the bodies and hanged himself on a piece of exercise equipment the weekend of June 22 in their Fayetteville home.
Steroid use has lingered as a theory behind the killings, since anabolic steroids were found in Benoit's home and tests conducted by authorities showed Benoit had roughly 10 times the normal level of testosterone in his system when he died.
Some experts believe that use of testosterone can contribute to paranoia, depression and violent outbursts known as "roid rage."
Benoit's father believes years of head trauma his son suffered while in the ring contributed to the killings.
Government insists Benoit's steroid prescriptions were excessive
By HARRY R. WEBER
Associated Press Writer
ATLANTA (AP) -- Federal prosecutors say there's no way prescriptions for large amounts of steroids pro wrestler Chris Benoit received before he killed his wife, his son and himself in June were legal.
In court papers filed in connection with the criminal case involving Benoit's personal doctor, the government says that even if Benoit had a hormone disorder as a lawyer for the doctor has claimed, the amounts of testosterone he was given "well exceeded normal dosages."
Benoit's doctor, Phil Astin, is charged with overprescribing medication to two patients other than Benoit. While the indictment does not cover prescriptions to Benoit, more charges against Astin are expected.
Prosecutors were responding in the court papers Friday to a defense motion to suppress items seized during several searches of Astin's office, his mother's home and a storage container he used.
Defense attorney Manny Arora - who has since left the case - argued among other things that the government failed to seek the opinion of a hormone disorder specialist before filing search warrant affidavits asserting that the steroids Astin prescribed Benoit were excessive.
But prosecutors said that over a 12-month period ending a month before the murder-suicide, Astin wrote seven prescriptions to Benoit, each dispensing a 10-month supply of testosterone cypionate. The total dosage, if broken down by month, is "in excess by 50 percent of Food and Drug Administration dosage guidelines," prosecutors said.
The government said that "the addition of an endocrinologist's opinion to the affidavit would not have affected the reasonable inferences that defendant was illegally prescribing the steroids to Benoit."
Prosecutors noted that Benoit already was suspected of abusing steroids and Astin already was suspected of writing excessive prescriptions.
They said the motions to suppress, which move forward under Astin's new lawyer, should be denied. There was no immediate ruling.
Astin has pleaded not guilty to the federal charges against him. No trial date has been set. A prosecutor reiterated last month that he will seek more charges against Astin. The prosecutor did not say when the superseding indictment will be filed, or what charges will be included.
Authorities have said Benoit, 40, strangled his wife with a cord, used a choke hold to strangle his 7-year-old son, placed Bibles next to the bodies and hanged himself on a piece of exercise equipment the weekend of June 22 in their Fayetteville home.
Steroid use has lingered as a theory behind the killings, since anabolic steroids were found in Benoit's home and tests conducted by authorities showed Benoit had roughly 10 times the normal level of testosterone in his system when he died.
Some experts believe that use of testosterone can contribute to paranoia, depression and violent outbursts known as "roid rage."
Benoit's father believes years of head trauma his son suffered while in the ring contributed to the killings.
