The attorney for NYPD Deputy Chief Michael Marino has alleged that the New York Police Department (NYPD) illegally obtained the names of cops on steroids from the Lowen’s Compounding Pharmacy customer list that was subpoenaed by by an Albany County grand jury (”Chief in cop ‘roids case out to nix info,” November 21).

Lawyer Michael Shapiro claims the roster was originally obtained by an Albany County grand jury through a subpoena and that the NYPD investigators did not have the legal grounds to access it. “The NYPD investigator did not have sufficient cause to obtain it from a grand jury that - by law in New York State - is secret,” said Shapiro, who believes that the motion could lead to the dismissal of the charges against Marino.

NYPD Internal Affairs Bureau investigated 27 cops for improperly obtaining steroids based on the Lowen’s Pharmacy list; in addition, they passed on the names of dozens of other cops on steroids to the Jersey City Police Department.

The Albany County grand jury was convened as part of the compounding pharmacy steroid scandal investigation spearheaded by District Attorney David Soares. The case against Signature Pharmacy was dismissed due to prosecutorial incompetence. But this did not stop the leaking of several names of famous athletes and entertainers implicated with steroid use during the course of David Soares’ Signature Pharmacy investigation.

Deputy Chief Michael Marino admits to having used a testosterone gel (obtained from Lowen’s Pharmacy); but claims his use of testosterone was as part of a legitimate testosterone replacement therapy (TRT) protocol. But Marino refused to accept departmental punishment that would dock him 30 days pay and place him on one year probation; he has chosen to defend himself in a departmental trial.