"What they are trying to do is get somebody to say 'I was there, that was Michael Phelps, he was smoking marijuana' so maybe they can charge him," said Defense Attorney Dick Harpootlian.
"I just don't think you can have something like this done and publicized and say I'm sorry and we're supposed to forgive you," said Richland County Sheriff Leon Lott.
The photo, published by a British tabloid earlier this month, has already cost Phelps lucrative endorsement deals and has earned him a 3 month suspension from U.S.A. Swimming.
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