Marijuana Seized From Hoyt’s Car on Day of Drug Arrest

U.S. Customs agents seized three marijuana cigarettes from Padre pitcher LaMarr Hoyt’s car Oct. 28, the same day Hoyt was arrested at the San Ysidro crossing on suspicion of smuggling illegal pills, federal investigators said Tuesday.

According to the investigators--who requested anonymity--the marijuana cigarettes were turned over to U.S. prosecutors as evidence against Hoyt. Hoyt’s car, a 944 Porsche, was impounded.

Pat Swan, an assistant U.S. attorney who is prosecuting the case, refused comment Tuesday regarding the cigarettes, but a source close to the prosecutor’s office said, “It (the marijuana) simply aggravates what is already a tough situation (for Hoyt). In the grand scheme of things, three marijuana cigarettes isn’t a lot of drugs, but it certainly doesn’t help. . . . What it does is show there was more than one or two drugs involved.”

In February, Hoyt was twice found in possession of marijuana. Because of that, Swan asked a federal magistrate--Judge Roger Curtis McKee--to order Hoyt to be tested for drugs. McKee told probation officers to test Hoyt, who is free on $25,000 bail, once a week until this case is over. Sources said that he will take his first test today and that if he fails, he could be sent to jail for violating terms of his release.

Padre President Ballard Smith, who has said his players will not be given “second chances” when it comes to drug use, said Tuesday he was unaware of the marijuana cigarettes, and declined to comment.

Hoyt’s attorney, Howard Frank, said: “My concerns right now are limited to the charges that are pending, and those are related strictly to the pills he (Hoyt) allegedly had with him when he came into the United States.”

On Oct. 28, Hoyt was arrested at the San Ysidro border with nearly 500 pills hidden in his crotch area. Most of those pills were Valium, but others were Propoxyphene, an addictive painkiller that is considered by doctors to be less effective than codeine. Hoyt faces a maximum sentence of 15 years in prison and a $250,000 fine.

As of Tuesday evening, both Frank and Swan were continuing their efforts to reach a settlement. If they are unsuccessful, Swan said he will bring the case before a federal grand jury--either today or Thursday. If Hoyt is indicted, he faces a trial in early February.

Hoyt’s immediate baseball future will be decided by Commissioner Peter Ueberroth, whose office has asked for copies of the complaints against Hoyt. A spokesman said Ueberroth will not rule until Hoyt’s court proceedings are final.

On Feb. 10, Hoyt was detained at the San Ysidro crossing for trying to bring marijuana and pills into the United States. On Feb. 18, he was arrested on Balboa Avenue with a switch-blade knife and marijuana.

He was given three years’ probation and fined $620 for both incidents after plea-bargaining.