Court ruling small consolation for exposed players

[August 27, 2009]  BOSTON (AP) -- David Ortiz didn't bother getting worked up over a court decision that said investigators overreached when they seized a list of players -- which included the Red Sox slugger -- who failed drug tests in 2003.

"I don't care," he said softly, never turning away from the clubhouse computer he was using to check his e-mail.

The 9th U.S. Circuit Court of Appeals ruled in a 9-2 vote on Wednesday that federal agents violated the players' protections against unreasonable searches and seizures when it confiscated a list of players who tested positive for performance-enhancing drugs.

Investigators only had a warrant for 10 drug test results as part of the BALCO investigation into Barry Bonds and others, the court said -- not the 104 results it seized.

"This was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause," Chief Judge Alex Kozinski wrote, adding that the players' union had good reason to want to keep the list secret. "Some players appear to have already suffered this very harm as a result of the government's seizure."

Although the list was under seal, several names have leaked out, including Ortiz, Yankees star Alex Rodriguez, Dodgers outfielder Manny Ramirez and former Cubs slugger Sammy Sosa.

Was Ortiz disappointed the ruling came too late to save him from a maelstrom of media attention about whether he used performance-enhancing drugs?

"I guess," Ortiz, who has denied using steroids, said without ever looking away from the computer screen.

The baseball players agreed in 2003 to survey drug testing without penalties to determine the extent of steroid use in the sport. There were 104 positive tests, though the players' union has said some could be multiple failures from the same player and others might not have held up on appeal.

In 2004, federal agents obtained a search warrant and seized the records from two labs. The court said Wednesday that the government overstepped its authority.

"A lot of people's credibility and a lot of people's dignity have been damaged in this," Braves third baseman Chipper Jones said. "It's not fair to the clean players. It's not fair to the players who've been leaked. Get 'em all out there so we can start the healing process. It's not going to stop until they're all out there."

Chicago White Sox manager Ozzie Guillen agreed the story won't go away until the entire list is released.

"Whoever's got the list, get them out of there, make us suffer for couple days and move on," he said. "Just get the thing out. Clear the thing and move on. Move on and this game is going to be better."

Royals pitcher Brian Bannister disagreed.

"It was done in a confidential matter, and I think it should stay that way," he said. "I think the law should be upheld. It was done according to law."

Los Angeles Dodgers manager Joe Torre lamented the slow trickle with which the names have been leaked.

"I hate the whole systematic leaking of names, because it's never going to go away. Even though it's something that's six years old, it keeps becoming current news," he said. "It's not giving our sport a chance to heal, which it needs to do.

"The thing that it hurts is the fan base of people who are bragging about this particular player and how good he is, and all of a sudden to have somebody stick a pin in the balloon."

Other players said they wanted to see a different list of names: Those who might be illegally leaking the names to reporters.

"Leak the names that leaked the names," said St. Louis pitcher Adam Wainwright, the Cardinals' player representative. "People are obviously breaking the law acquiring those names, and it's not the agreement the federal government had with Major League Baseball. Those names were court-sealed. For crying out loud, you can't release them, period."

[Associated Press; By JIMMY GOLEN]

Associated Press writer Paul Elias contributed to this story from San Francisco, along with AP Sports Writers Paul Newberry in Atlanta, Arnie Stapleton in Denver, John Marshall in Kansas City, Colin Fly in Milwaukee, Dave Campbell in Minneapolis and R.B. Fallstrom in St. Louis.

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