PHELPS AVOIDS S.C. POT CHARGES

Physical Evidence Lacking, Sheriff Says

Michael Phelps will not face criminal charges after a photo of him
apparently smoking marijuana from a pipe sparked an investigation in
South Carolina.

Richland County Sheriff Leon Lott said Monday that he didn't have
enough physical evidence to press charges against the 23-year-old
swimmer after the November party near the University of South Carolina
in Columbia.

"We had a photo and him saying he was sorry for inappropriate
behavior," Lott said at a news conference. "He never said, 'I smoked
marijuana.' We didn't have physical evidence."

Lott defended the investigation, calling Phelps "an American hero ...
but even with his star status, he is still obligated to obey the laws
of our state."

In a statement Monday, Phelps said he would move forward in his
training, "having put this whole thing behind me."

"I'm glad this matter is put to rest," Phelps' statement said. "But
there are also some important lessons that I've learned. For me, it's
all about recognizing that I used bad judgment and it's a mistake I
won't make again. For young people especially -- be careful about the
decisions you make. One bad decision can really hurt you and the
people you care about."

The sheriff said the investigation began Feb. 2. Two days later,
officers found the marijuana pipe thought to be used in the photo.
They found it in a car. "The bong never made it to eBay," Lott said,
referring to newspaper reports that the pipe had been posted on the
online auction site.

Lott said the person who took the photo of Phelps at the party sold it
for $100,000. He would not identify the photographer or say how he
knew the amount.

The sheriff's office said eight people were arrested during the
investigation. Seven have been charged with simple possession of
marijuana, which carries a maximum penalty of 30 days in jail or a
$575 fine. Another person was arrested for driving under suspension.

Columbia attorney Dick Harpootlian says he represents three clients
charged with marijuana possession during the probe.

"I think it's a wise decision," Harpootlian said of the sheriff's
announcement he would not charge Phelps. "I hope that the attitude
towards Michael Phelps will carry over to my clients. Everybody needs
to move on with their lives."

He praised Lott's commitment to law enforcement but added, "I think
the process they went through, the two weeks of investigating all
this, was not appropriate, but you're going to stumble occasionally.
. We really think Leon Lott does a great job."

USA Swimming suspended Phelps from competing for three months. Kellogg
Co. was the only sponsor to drop Phelps during the fallout.