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Spokane, Washington  Est. May 19, 1883

Baseball notebook: Court condemns seizure of drug list

Associated Press

A federal appeals court sided with the baseball players’ union Wednesday, ruling federal agents were wrong to seize the infamous drug list and samples of 104 Major League Baseball players who allegedly tested positive for performance- enhancing drugs in 2003.

The decision is a victory for the players’ union, which argued for years to have the results destroyed and is still fighting leaks from the material, which was supposed to be anonymous and later was sealed by the courts.

“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 in the 9-2 decision of the 9th U.S. Circuit Court of Appeals.

Barring a last-ditch appeal to the U.S. Supreme Court, the test results and samples will be destroyed, and prosecutors cannot use the information. Union lawyers said the evidence was returned shortly after earlier trial court rulings.

The panel said federal agents trampled on players’ protections against unreasonable searches and seizures, though the ruling came too late to spare players linked to the list, including Yankees star Alex Rodriguez and Red Sox slugger David Ortiz, who admitted they were on it.

Kozinski said the case was a significant test of the government’s search and seizure powers in the digital age, and issued guidelines for investigators to follow in future raids that included submitting computers to independent computer experts for sorting of data.

Federal prosecutors had maintained they wanted the names to investigate the players’ drug sources, which could have kept alive a massive investigation started by a Dumpster-diving agent.

Instead, the ruling means investigators are barred from accessing any names except for the 10 players listed on a 2004 search warrant. Those names have never been released, but the government said they had ties to the Bay Area Laboratory Co-Operative.

MLB won’t suspend Torrealba or umpire

Colorado catcher Yorvit Torrealba and umpire Bill Miller have avoided suspensions over their on-field dispute during the Rockies’ 14-inning win over the San Francisco Giants on Monday night.

Baseball disciplinarian Bob Watson told The Associated Press that while nobody will be suspended over the brouhaha, fines are still likely to be handed down once his investigation is complete.

“I expect to make a decision in due time. I’m not going to jump to any conclusions. I’ve spoken with a lot of people about this. I spoke with (Rockies manager) Jim Tracy, I’ve spoken with the umpires, I’ve spoken with a lot of people” Watson said.

Torrealba said Miller called him a derogatory name while the catcher was a baserunner late in the game and accused him of showing up home plate umpire Angel Campos with his body language on calls he disagreed with while behind the plate.

Perez latest Met sidelined for season

The New York Mets have lost their third pitcher for the season in two days, an alarming rate even by their standards.

Left-hander Oliver Perez will require season-ending surgery to repair patella tendon tendinosis in his right knee, the team said after he was examined by doctors in New York.

The injury ends a dismal season for Perez, who is expected to fully recover and be ready for spring training. He becomes the 13th Mets player on the disabled list, with the pitching staff being especially hard-hit.