BALCO Lawyers, Officials Talk

U.S. anti-doping officials have talked with attorneys for two men charged in the BALCO steroids case in hopes of gaining information about Olympic athletes who might have used banned drugs.

So far, the talks with lawyers for BALCO President Victor Conte and Vice President James Valente have been informal, said Troy Ellerman, who represents Valente.

“We’ve talked but ... there is no planned meeting,” Ellerman said. “The problem is, there’s no value I can see in sitting down with them.”

Ellerman said his client would be interested in cooperating only if officials from the U.S. Anti-Doping Agency could help with the criminal charges.

“I’m sure they are nice, well-intentioned people, but in terms of them having influence [in court], I don’t think that’s the case,” the lawyer said.

USADA officials declined to comment.

The U.S. attorney’s office has charged Conte and Valente with operating a steroid distribution ring from BALCO, or Bay Area Laboratory Co-Operative, their Northern California company that made nutritional supplements.

Personal trainer Greg Anderson, who worked for San Francisco Giant slugger Barry Bonds, and track coach Remi Korchemny also were indicted for helping distribute performance-enhancing drugs to dozens of professional baseball and football players and Olympic athletes.

The defendants have pleaded not guilty and are awaiting trial in San Francisco.

The case has U.S. Olympic officials in a pinch.

Sources close to the investigation say the government has uncovered evidence of steroid use among top-name athletes. But that information remains sealed in court documents, which creates the possibility that cheaters could represent the U.S. at the Olympic Games in Athens, only to have evidence of drug use introduced during a subsequent trial.

Numerous track stars, including Marion Jones and Tim Montgomery, were called to testify before a grand jury that handed down the indictments.

No athletes have been charged. Jones and Montgomery have denied using steroids.

If Conte or Valente were to implicate athletes in the next three months, the USADA could invoke a provision to begin disciplinary hearings against suspected cheaters, possibly keeping them off the U.S. Olympic team.

The agency might also get help from the Senate, where a committee voted last week to subpoena federal documents in the case, especially those involving Olympic athletes.

At the next court hearing, scheduled April 30, prosecutors are expected to renew their effort to have U.S. District Judge Susan Illston set a trial date.

An attorney representing at least six athletes who might be subpoenaed to testify said he was worried that the proceedings would conflict with athletic competitions, including the U.S. Olympic trials.

“If they try to do this trial around July and August, around the time of the Olympics or when everyone is training for the Olympics, it would be a travesty,” Douglas Schwartz said.

Ellerman said he would will push for a later trial date.

“With all the information, with all the motions that need to be filed and witnesses who need to be interviewed, I see us trying this at the first of next year,” he said.

“But that’s up to the judge.”