SPORTS AND DRUGS
Feds' steroids investigation trumps baseball's
Government probe has subpoena power that league lacks, By: John Shea
June 10, 2006, Chronicle Staff
Major League Baseball's probe into Barry Bonds and the game's ongoing steroids era is hitting snags because of the federal government's coinciding investigation that's more encompassing and more empowered.
As long as Jeff Novitzky continues his federal investigation, which seems to include Bonds and whether he lied under oath to a grand jury about using anabolic steroids, sources say George Mitchell's MLB-sponsored investigation is secondary.
Subpoena power is granted to Novitzky, an Internal Revenue Service special agent, but not Mitchell, the former Senate Majority Leader who was appointed to head the MLB investigation by Commissioner Bud Selig after the publication of "Game of Shadows," which details Bonds' alleged steroids use. Novitzky's investigation stands to hamper Mitchell's ability to talk with potential witnesses.
Also, the Players Association has notified its membership to consult a union lawyer along with a personal lawyer if contacted by Mitchell's team. While players aren't legally required to cooperate, the union is aware of political pressures to do so.
"While everybody with half a brain sees that Mitchell doesn't have any power, people understand the political realities of the situation and realize that this investigation is a PR nightmare for baseball the institution and the players who play," a source familiar with Mitchell's investigation said. "And the institution of baseball and the players may have a joint interest in resolving the investigation in the best way possible for everyone."
The source provided The Chronicle details of letters sent by Mitchell to players with ties to the BALCO steroids case. Documents Mitchell requested relate to:
-- The use of steroids by any current or ex-player;
-- Knowledge by anyone connected with MLB of the use of steroids;
-- Communications with any of the four defendants in the BALCO case (Greg Anderson, Victor Conte, James Valente and Remi Korchemny);
-- All phone and medical records dating to 1998.
Bonds' lawyer, Michael Rains, acknowledged Friday that Mitchell sent a letter last month requesting that Bonds be made available. Rains said he wrote back shortly thereafter to say Bonds would cooperate "as possible," but it's unlikely that Rains would present Bonds or personal information to Mitchell, at least until the federal investigation is complete.
Rains said he hasn't heard back from Mitchell's office.
Meantime, Selig is determined to allow Mitchell to follow through with the investigation. One of Selig's spokespersons, Pat Courtney, said, "The commissioner assured Mitchell that he has complete independence and discretion as to the manner in which this investigation will be conducted and that he will have unhindered authority to follow the evidence wherever it might lead."
Bonds' former mistress, Kimberly Bell, apparently won't be made available to Mitchell. The New York Times reported Friday that Mitchell was told by her lawyer, Martin Garbus, that she wouldn't cooperate because of the "pending criminal proceeding" headed by Novitzky, the lead investigator in the BALCO case.
Bell testified before a federal grand jury that Bonds was a steroids user and gave her $80,000 as a down payment for a house in Arizona. The Chronicle has reported that a San Francisco grand jury is investigating whether Bonds lied under oath when he said he didn't use steroids knowingly, and possibly committed tax evasion.
On Tuesday, Novitzky oversaw a six-hour search of the Scottsdale, Ariz., home of Arizona Diamondbacks pitcher Jason Grimsley, who was snared by Novitzky on April 19 when $3,200 worth of human growth hormone was delivered to his house.
Bonds was never a big-league teammate of Grimsley, 38, who was in his 15th season and with his seventh team when he was released on Wednesday, a day after 13 federal agents searched his home. But the feds hoped to make a connection with Bonds after Grimsley admitted that he used steroids for years -- and named names of others who did, too -- and switched to human growth hormone after baseball's introduction of a drug-testing policy. Grimsley, according to his lawyer, Edward F. Novak, refused to assist investigators who asked if he would wear a listening device and talk to any Giants players who would speak about Bonds. With 716 home runs, Bonds ranks second all time behind Hank Aaron's 755.
Human growth hormone (HGH) is on baseball's banned list but not tested for.
In Grimsley's affidavit, which was written by Novitzky and shows the government's focus goes beyond Bonds, the names of players Grimsley said used performance-enhancing drugs were blacked out. He allegedly said many big-leaguers use steroids and named several current or former big-leaguers as HGH users.
While Mitchell doesn't have subpoena power, he does have Selig's consent to speak with any big-league personnel. If players refuse to cooperate with Mitchell, and he already has obtained information from trainers and/or doctors, players could be perceived in a negative light if they're not cooperative.
