SAN FRANCISCO — Federal investigators can keep using the names and urine samples of about 100 major leaguers who tested positive for performance-enhancing drugs, a federal appeals court ruled Thursday.
After agreeing to reconsider its own December 2006 ruling granting access to the evidence, the 9th U.S. Circuit Court of Appeals voted 2-1 to affirm two parts of its decision in three consolidated cases, which overturned rulings by U.S. District Judges Susan Illston in San Francisco and James Mahan in Las Vegas that barred authorities from accessing the names.
The appeals court reversed itself 3-0 on the third lower court decision, saying the federal government didn’t make a timely appeal in the case heard by U.S. District Judge Florence-Marie Cooper in Los Angeles, who had ruled for the players’ association.
Access to the names could bolster the perjury case against Barry Bonds, who is charged with lying to a grand jury about whether he used steroids.
Players are likely to ask to have the entire 9th Circuit rehear the case. They also could ask the Supreme Court to take the case.
Investigators seized computer files containing the test results in 2004 during raids of labs involved in Major League Baseball’s drug-testing program. The investigators had search warrants for just 11 players, but ended up seizing the test results of every big league player.
The players’ union sued to keep the government from accessing the records, saying the seizures violated the players’ constitutional rights.
Notes
YANKEES: Robinson Cano and the New York Yankees were nearing agreement on a $30 million, four-year contract, a departure from the team’s stance against giving multiyear contracts to young players. Cano’s deal would include two option years. The 25-year-old second baseman, eligible for salary arbitration for the first time, could become a free agent after the 2012 season.
BLUE JAYS: After backing out of a deal with Toronto last offseason, catcher Rod Barajas agreed to a $1.2 million, one-year contract with an option for 2009. Barajas signed a $2.5 million, one-year contract with the Phillies in December 2006 — a month after walking away from a deal with Toronto and switching agents. Barajas’ representatives signed a letter of agreement for a $5.25 million, two-year contract with the Blue Jays, before Barajas switched agents and negotiations fell apart.
TWINS: Relief pitcher Matt Guerrier and the Minnesota Twins agreed to a $950,000, one-year contract that avoided a salary arbitration hearing. The right-hander became a reliable long reliever for the Twins last season, going 2-4 with a 2.35 ERA and one save in 73 appearances. He has gradually improved since breaking in with the club in 2004.
DODGERS: Los Angeles hired longtime major league infielder Jose Vizcaino as a special assistant.
“Jose brings a wealth of experience and knowledge with him that will be a great asset to the Dodgers,” Los Angeles general manager Ned Colletti said in a statement.
The 39-year-old Vizcaino will work on special projects in baseball operations and serve as an on-field instructor during spring training. He will also instruct at the Dodgers’ academy in the Dominican Republic, Campo Las Palmas.
BRAVES: Relief pitcher Rafael Soriano and the Atlanta Braves agreed Thursday to a $9 million, two-year contract that avoided arbitration. The Braves plan to make Soriano their closer this season. He went 3-3 with a 3.00 ERA and nine saves in a career-high 71 appearances last year, holding opponents to a .181 batting average. The right-hander would have been eligible for free agency after the 2008 season. Soriano was acquired in a December 2006 trade with Seattle for left-hander Horacio Ramirez.
PIRATES: Right-hander Hector Carrasco and left-hander Casey Fossum agreed to minor league contracts with Pittsburgh. Both pitchers were invited to spring training. The 39-year-old Carrasco is 44-50 with a 3.99 ERA in 647 major league games with seven teams. Fossum was 5-8 with a 7.70 ERA in 40 games with Tampa Bay last season before being let go Aug. 10.
RANGERS: The Texas Rangers sent first baseman Chris Shelton outright to Class AAA Oklahoma after he cleared waivers. Shelton, a non-roster invitee to spring training, was designated for assignment Jan. 14 to make room on the roster for right-hander Kazuo Fukumori. Shelton was acquired last month from Detroit for outfielder Freddy Guzman.
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