Not long after cornerback Rashidi Wheeler’s death in August 2001, a Northwestern athletic official took a work crew through the football team’s locker room to fix lockers.
About halfway through, Scott Arey spotted a canister of the NCAA-banned supplement Ultimate Orange inside the locker assigned to linebacker Billy Silva.
Arey, the school’s assistant facilities manager, testified Monday in Cook County Circuit Court that he removed the canister and discovered a second, smaller container of Ultimate Orange capsules.
“I took them out because I knew them to be a substance banned by the NCAA,” Arey said.
“I felt it was my responsibility to do that.”
Arey’s testimony came a week after Northwestern disclosed widespread use of banned supplements among its football players at the time Wheeler collapsed and died during a preseason conditioning drill.
Judge Kathy Flanagan ordered the hearing after Northwestern revealed in a civil lawsuit brought by Wheeler’s family that its staff had discovered five canisters of Ultimate Orange–four in powder form and one in capsules–in the lockers of three players.
Those players were identified in court Monday as Silva, running back Kevin Lawrence and offensive lineman Matt Ulrich. Efforts to reach the players were unsuccessful.
Ultimate Orange is a legal energy-enhancing product that contains the NCAA-banned stimulant ephedrine. Northwestern contends that stimulants ultimately caused Wheeler’s death and that the university is not to blame.
Flanagan expressed displeasure that Northwestern had not revealed the existence of the five canisters previously, calling the university’s actions “highly suspect.”
“Silence in the face of a duty to speak can be a problem,” Flanagan said.
A lawyer for Northwestern has said the opposing attorneys had not sought the information.
Arey said he could not recall the exact date when he discovered the supplements in Silva’s locker, but said it was while the team conducted its two-week training camp in Wisconsin after Wheeler’s death Aug. 3.
After discovering the canisters, Arey said he told equipment manager Bill Jarvis, who told him to call Tory Aggeler, the team trainer. Aggeler told Arey to put the supplements in his office, Arey testified.
Arey said he ended up putting the canisters in a cabinet in his own office, where they remained until he turned them over to lawyers for the university and a private investigator in October 2001.
The other three canisters of Ultimate Orange were discovered by Nichelle Pajeau, an assistant athletic trainer.
Pajeau testified Monday that Aggeler called her from Kenosha and told her to search every football player’s locker. Each locker has a compartment that locks and one that does not. Pajeau said she did not search the locked areas because she did not have a key and Aggeler told her to “check the part that you can get into.”
“He said to go into the locker room and see if there were supplements, and if there were any in there to bring them into his office,” Pajeau testified.
Working alone, Pajeau said she found two canisters in Lawrence’s locker and one canister in Ulrich’s locker. Pajeau said she placed the canisters underneath Aggeler’s desk in his office.
Private investigator Robert E. Walsh, who was hired by attorneys for Northwestern, testified Monday that he took possession of the five canisters in October 2001.
They remained in a closet in his house in Naperville until earlier this month.
One of the supplement makers that Northwestern has sued filed a motion Monday asking Flanagan to order the university to turn over its investigation files.
Northwestern has requested that the judge allow them to have the contents of the canisters tested.
Flanagan is scheduled to rule on both requests Feb. 19.
Lawyers are planning to take depositions Thursday and Friday from Aggeler, head coach Randy Walker, assistant head coach Jerry Brown and athletic director Rick Taylor.
