View Full Version : California appeals court to decide on fate of list of 104 players

Barry L Bonds
02-13-2009, 05:20 AM
NEW YORK (AP) -- With Alex Rodriguez's reputation in tatters, other players who might be on the infamous list of 104 likely are worried whether their names will be made public.

"Our program, which was designed to be confidential, if it turns out not to be, that's something that causes concern," union head Donald Fehr said Tuesday.

Baseball's highest-paid and perhaps most-talented player, Rodriguez admitted Monday that he used banned drugs from 2001-2003 while playing for Texas. The admission came two days after Sports Illustrated reported on its Web site that his name was among the 104 players who tested positive during baseball's anonymous survey in 2003.

Former union head Marvin Miller called for an investigation of federal prosecutors to help determine whether there was a government leak of the test results, which remain under court seal.

"I think the first question ought to be: 104 names all testing positive, but you leak only A-Rod's. Why is that?" Miller said.

The fate of "the list" will be determined next by 11 appeals court judges in California.

If prosecutors are allowed to use the list and bring players before grand juries and trial courts, additional stars might be forced to admit they used steroids.

"It's definitely not fair to just pinpoint one guy," Boston's Kevin Youkilis said of his Yankees rival. "I don't know if somebody had it in for him. I don't know what because it seems like just to take one name out of that whole group is a little odd to me. If he was named with 10 other players, would that have been fair? I don't know? If they'd have listed all 104?"

Hall of Famer Goose Gossage hopes the list becomes public.

"I want to know who these other 100 guys are," he said. "Let's get it all out in the open. It certainly is not fair to A-Rod or to Bonds. They're dragging A-Rod down."

Rodriguez was at the University of Miami's campus Tuesday morning for a workout session, with several photographers staking out the gym he frequents and surrounding his vehicle. He did not comment.

Rodriguez is to be the headline attraction at the school's annual baseball banquet Friday night, when the Hurricanes' home park gets renamed in honor of the $3.9 million gift he gave Miami in 2003.

Hall of Famer Bob Feller said Tuesday he thinks baseball should separate out the accomplishments of A-Rod and others implicated in drug use.

"Maybe they can have two sets of records -- one for those who used steroids and one for those of us who didn't," he said.

Marc Ganis, president of the consulting company Sports Corp. Ltd., said Rodriguez will be viewed differently by fans as his home-run total climbs from 553 and he approaches Barry Bonds' mark of 762. The A-Rod brand has been tainted, and Ganis said it will cost Rodriguez endorsement deals.

"He is going to have a cloud over him, particularly as he approaches the home run record, where before this revelation, he was considered the anti-Bonds, the guy who was going to get the greatest record in all of sports back into the hands of a clean athlete," Ganis said. "He will always have this postscript. Sponsors don't like postscripts."

The list was a spreadsheet seized by federal agents from Comprehensive Drug Testing in Long Beach, Calif., in April 2004. The agents had a search warrant for the testing records of 10 players involved with BALCO. When they saw the spreadsheet, agents obtained additional search warrants, copied the entire computer directory and took the records of all the player.

Test samples and records were to remain anonymous and be destroyed, but MLB and the players' association couldn't arrange for the destruction with the test companies between Nov. 13, 2003 -- when the results were finalized -- and that Nov. 19, when the union because aware of the subpoena.

The players' association filed motions to get the records back and won in three U.S. District Courts. But a 9th circuit panel reversed in a 2-1 vote in December 2006, a decision the panel mostly reaffirmed its decision in January 2008.

The full 9th Circuit then threw out that panel decision and decided to have an 11-judge en banc panel hear the matter. It included five judges appointed by Bill Clinton, four by George W. Bush and one each by Ronald Reagan and George H.W. Bush. Oral arguments were heard in December, and it's uncertain when a decision will be issued.

"I think it's too close to call. These are very hard issues and they're new issues. It's really hard to predict," said Orin S. Kerr, professor of law at The George Washington University Law School. "This is a lawyers' battle for people that can hire very good lawyers, and that's not true in most criminal cases."

Prosecutors want to ask the wider group of players where they obtained steroids, which might advance investigations. The players' association, citing privacy rights, claims the search violated the Fourth Amendment.

The case, which could wind up before the Supreme Court, might define what "plain view" means in the digital age. Or the 9th Circuit could decide it on procedural grounds.

"It really depends on how they write it. So this could be an extremely important case, and it could be a very narrow case," Kerr said. "It's an unusual case in that the information has value outside the criminal case, which is not normally the case."

Get all the names out and quit BS around. Why drag a mans name down and let others go free and clear. Their could be names of other high profile players who people think are clean.


02-13-2009, 08:34 AM
I don't know if they can legally do this, but I hope that all of those 100+ names become public so that we will all have closure on the Steroids era. This way, we will know or at least have an idea of who is clean and who is not and we won't have to question everybody that is playing

02-13-2009, 08:52 AM
I don't know if they can legally do this, but I hope that all of those 100+ names become public so that we will all have closure on the Steroids era. This way, we will know or at least have an idea of who is clean and who is not and we won't have to question everybody that is playing

There will never be closure. McGwire hasnt played in 8 years yet we continually here about him. There just simply wont be closure. I doubt ever.

02-13-2009, 11:13 AM
the list needs to be released now A-rods name leaked now we want to know the other 103

02-13-2009, 01:14 PM
I think its very interesting that Youk points out that its not fair to single out A-Rod. I 100% agree and I think this all would have been handled with a great deal of care had it been more than one player. I would like to know the names but I am past the point of carrying. I think A-Rod is an amazing player and I think there are probably a few amazing players on that list. What happens if Pujos is on that list or Miggy? Then we have no more "great hope to save the game." The only thing the league can do is make sure their testing policy is as accurate as it can be going forward. Slap these guys on the wrist and lets move on.

02-13-2009, 01:20 PM
This is ********.

I want to know the other names too, but it still would be a far cry from getting all the names who were involved.

The names were to be kept secret, as agreed to between the players and owners. It's flat out wrong that anyone broke this confidentiality, and wrong that one player was singled out, but the court has no place saying whether the rest of the names ought to be revealed or not. Go after the leaker, and let the players and owners, with input from fans and media, decide what to do with the list.

02-13-2009, 01:21 PM
God I hope those names come out. I can't imagine who'd be on it.

02-13-2009, 02:11 PM
I bet this is corrupt as it gets, maybe SI payed someone off to get this list. And what's more financially rewarding for them now? Exposing the whole list or feeding us names bit by bit whenever it's a slow news day.

Would this whole thing be as much of a circus if we we're talking about everyone as opposed to just A-rod? No way

Next up, someone like Ortiz (just speculating, relax) as that will cause even more drama and magazine selling/book selling.

Selena whomever hinted to the fact that they have more they are just doing their 'due diligence to make sure it's accuratte"

BS they're milking A-rod for everything he is worth first and only then will there be more announcements.