Judge Says He Will Rule Today on Request for Players’ Names D'backs pitcher gave up

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  • bigboydan
    SBR Aristocracy
    • 08-10-05
    • 55420

    #1
    Judge Says He Will Rule Today on Request for Players’ Names D'backs pitcher gave up
    The steroids scandal could bust wide open if that Judge rules to release those names. Anyone have any guesses of who's on that list?

    Judge Says He Will Rule Today on Request for Players’ Names
    By MICHAEL S. SCHMIDT
    Published: July 27, 2007

    PHOENIX, July 26 — The federal judge presiding over a lawsuit filed by The Associated Press, in which it argued the public has the right to know the names of major league baseball players implicated in the use of performance-enhancing drugs in government documents, said he would rule Friday whether to reveal the names.

    Edward C. Voss, the judge in the case, made his statements Thursday at a federal court here after he heard arguments in the suit. The case involves Jason Grimsley, a former major league reliever, who gave a federal agent the names of baseball players he said had used performance-enhancing drugs.

    A search warrant that was issued for Grimsley’s home in Arizona and was made public last June, blacked out the names of the players Grimsley had implicated.

    In October, The Los Angeles Times reported that Roger Clemens, Andy Pettitte, Miguel Tejada and three other players were named in the affidavit. The United States attorney for the Northern District of California at the time, Kevin V. Ryan, said the report contained “significant inaccuracies.”

    In making the case for the judge to unseal the names, Peter S. Kozinets, a lawyer for The Associated Press, said that throughout the government’s five-year investigation of the use of performing-enhancing drugs, users have not been prosecuted.

    The public, he said, has the right to know that the investigation has been conducted fairly, and that professional athletes were not receiving special treatment.

    Matthew Parella, an assistant United States attorney in the Northern District of California, argued that the names should be protected because the government has an “ongoing investigation,” which involves, “complex parts, stretches over a lot of geography, groups and interlocks.”

    Ethan Balogh, a lawyer for the players association, said the public had received everything it was entitled to and if the names were released, it would “not resolve anything” and would only serve as sensationalism.

    Voss, who acknowledged that he had received a sealed affidavit from the government that outlined the status and reach of the investigation, asked Kozinets how revealing the names would benefit the public.

    Kozinets said it would help the public gauge how the investigation was progressing, and would clear up suspicion around players who played with Grimsley or were named in the Los Angeles Times story.
  • tacomax
    SBR Hall of Famer
    • 08-10-05
    • 9619

    #2


    PHOENIX, July 27 — A federal judge on Friday denied a motion filed by The Associated Press to unseal the original version of a search warrant affidavit in which several major league baseball players were implicated in the use of performance-enhancing drugs.

    In the opinion, Magistrate Judge Edward C. Voss III of the Federal District Court said the names should remain sealed because the government needed to protect a continuing investigation into performance-enhancing drugs, users included.

    The motion filed by The A.P. involved the case of Jason Grimsley, a former major league pitcher who gave a federal agent the names of ballplayers he said had used performance-enhancing drugs. A search warrant for Grimsley’s home in Arizona was made public in June 2006, but the names of the players Grimsley implicated were blacked out.

    The A.P. argued that the public had a “right to know” the full information included in a search warrant affidavit, particularly if the information had been revealed to a third party. At the time, it appeared that The Los Angeles Times or George J. Mitchell, the former senator who is leading an investigation of performance-enhancing drugs for Major League Baseball, might have seen the blacked-out names. Voss said in his ruling that there was no evidence of disclosure to a third party.

    Lawyers for the United States attorney’s office in the Northern District of California said that the continuing investigation outweighed the public’s right to know and that an original copy of the affidavit had not been leaked or turned over to another party.

    The Major League Baseball Players Association, which intervened in the case to protect the names, said the names should be protected because The A.P. was seeking them only “for the sensational and the morbid, nothing more.”

    Throughout the government’s five-year investigation of steroids, the suppliers, not the users, have been the target of the government’s probe. But Voss said “what remains for possible prosecution is the alleged illegal possession and use of these substances.”

    Peter S. Kozinets, a lawyer for The A.P., said in a telephone interview that the judge’s decision relied heavily on sealed information provided by the government. “That information has not been made available to us, and as a result, we cannot directly rebut the information from the government,” he said.

    Daniel C. Richman, a professor at Columbia Law School and a former lawyer in the United States attorney’s office for the Southern District of New York, said, “The law is pretty settled that the public does not have a general right of access to search warrant materials while an investigation is pending.”

    Kozinets said that The Associated Press had not decided whether to appeal the ruling.
    Originally posted by pags11
    SBR would never get rid of me...ever...
    Originally posted by BuddyBear
    I'd probably most likely chose Pags to jack off too.
    Originally posted by curious
    taco is not a troll, he is a bubonic plague bacteria.
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