I'm actually a litigator. And I didn't get my JD from the American Samoa Law School, either. I'm trying not to be pedantic, but the "evidence" against Ortiz is thin.
No, you don't have to ask the same question five times. I actually answer questions directed to me.
And here's my answer: I don't know. The 2003 testing program remains a mystery. It was an experiment aimed at testing out MLB's testing protocols. That's why nobody was suspended.
So, if that 2003 test was the only piece of evidence we had, the case against Sosa would be thin. Unfortunately for Sosa, there is a gigantic pile of circumstantial evidence. First, his body completely changed and he put up mind-boggling stats. He was called to testify before Congress because it seemed clear to most people he was doing PEDs. OK, well suspicion isn't good enough; what did he do before the Congressional committee? He pretended not to speak English, that's what he did. It was the equivalent of pleading the Fifth. We also know he corked his bat. And finally, after being accused of using PEDs, his production tailed off precipitously.
As for Ortiz, his body shape never changed and he's RAKED for the last 12 years. I suppose you believe he's been doing steroids the whole time. You're free to believe that. I think it's silly, but go ahead.