Federal appeals court ruling lets prosecuters keep steroid test records in BALCO case

Photo courtesy www.thehomerunguys.com

By Julia Cheever, Bay City News Service

December 27, 2006

SAN FRANCISCO (BCN) - A divided U.S. appeals court ruled in San Francisco today that federal prosecutors can retain drug testing records seized in 2004 on about 100 Major League Baseball players who allegedly tested positive for illegal steroid use.

The records were seized during searches connected with an investigation of illegal steroid distribution by the Burlingame-based Bay Area Laboratory Co-operative, or BALCO.

Government investigators originally sought information on 10 baseball players allegedly connected with BALCO, but during searches of testing laboratories in Long Beach and Las Vegas allegedly found information about positive tests on 100 other players.

The names of the players, including the 10 allegedly connected with BALCO, were not revealed in the ruling by the 9th U.S. Circuit Court of Appeals.

A panel of the court by a 2-1 vote overturned rulings by federal trial judges in Los Angeles, Las Vegas and San Francisco blocking prosecutors' access to evidence on players not connected with BALCO.

Two of the judges had ordered return of the evidence on the non-BALCO-related players and the third, U.S. District Judge Susan Illston of San Francisco, blocked a May 2004 subpoena that sought some evidence already seized as well as additional information on the 100 players.

The decision could be appealed to an expanded panel of the circuit court or to the U.S. Supreme Court. Michael Weiner, general counsel of the Major League Baseball Players Association, said no decision had been made on a further appeal.

"All I'd like to say at this point is that we are reviewing the ruling and may have a comment tomorrow," Weiner said.

The records were made by Comprehensive Drug Testing Inc. of Long Beach and Quest Diagnostics Inc. of Las Vegas during testing of players in 2003. The tests were intended to be anonymous and the purpose of the project was to help Major League Baseball decide whether to adopt an individualized steroid testing program.

In the BALCO case, two BALCO executives, a chemist, a track coach and personal trainer Greg Anderson, whose clients include San Francisco Giants star Barry Bonds, have pleaded guilty to charges including distributing illegal steroids or money laundering.

Cyclist Tammy Thomas and track coach Trevor Graham have been indicted on charges of lying during the BALCO investigation and are awaiting trial.

Copyright © 2006 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited.

####