Baseball’s Drug Results Sought

The federal grand jury investigating a Northern California nutritional supplements laboratory accused of supplying athletes with illegal steroids has subpoenaed the results of drug tests performed on all Major League Baseball players last year, a development that could damage the confidentiality and anonymity on which the new program is based.

In confirming a story that appeared in Tuesday’s editions of the San Francisco Chronicle, Rob Manfred, baseball’s executive vice president for labor relations, said the subpoenas were issued to the two agencies used by baseball to do the testing -- Comprehensive Drug Testing of Long Beach and Quest Diagnostics of Teterboro, N.J.

None of the requested documents have been given to the grand jury yet, and Manfred refused to comment when asked in a phone interview whether there is an attempt by baseball and/or the Major League Players Assn. to quash or legally circumvent the subpoenas.

However, two lawyers familiar with the situation said there are ongoing negotiations with the government to “at least control the scope of how the information is used,” as one of the lawyers put it. He added that the union has been at the forefront of that effort.

Don Fehr and Gene Orza, the union leaders, did not return phone messages, but both lawyers familiar with the situation said the anonymity-insistent union was angry about the subpoenas and suspicious in regard to the timing.

The subpoenas were issued about two months ago, the lawyers said, or one day before the requested information was to be destroyed in accordance with an addendum to baseball’s Joint Drug Prevention and Treatment Program.

The union, the lawyers said, is curious as to how and when the government became aware of that calendar and concerned as to who, if anyone, might have provided the government with the code matching a test number to a player’s name.

It is unclear, the lawyers said, whether the union believes baseball may have done anything to undermine an agreement that initiated steroid testing last year and impair the possibility of testing in the future.

Although many in baseball say that identifying players who test positive would provide the best deterrent, Manfred said: “Clearly, it was the parties’ intention that this testing be anonymous and confidential, and we intend to stand by that principle to the extent that we can. That’s a key feature of the agreement.

“We think the program we have is an important piece in trying to get to a point where we’re a zero-tolerant industry on the drug issue. Obviously, we’re monitoring the [grand jury] situation very closely. The issue is important to us.”

Manfred said there have been no subpoenas directed at Major League Baseball, and it is not known whether the union has been served.

The investigation has targeted nutritionist Victor Conte, owner of the Bay Area Laboratory Co-Operative in Burlingame, and Greg Anderson, a personal weight trainer to San Francisco Giant star Barry Bonds and other athletes.

Conte and Anderson are part of an investigation into allegations of the sale and distribution of illegal, performance-enhancing drugs and possible money laundering.

Seven baseball players testified as witnesses in the case. In addition to Bonds, they were Gary Sheffield, Jason and Jeremy Giambi, Benito Santiago, Bobby Estalella and Armando Rios.

The two lawyers familiar with the situation refused to speculate when asked whether the government might be trying to establish a link between those players and the possible steroid use by subpoenaing the test results.

It was amid the pressure and widespread perception of rampant steroid use that the union and baseball agreed to a sample testing program last year based on anonymity and confidentiality and designed only to determine whether a more extensive policy would be initiated in the future.

If more than 5% of players showed positive for steroids, a more comprehensive and punitive program would be implemented.

Although players knew approximately when the tests would be conducted, 5% to 7% of the 1,438 tests were positive. The stiffer random-testing program will be in place this year and next, despite criticism from many that it is not tough enough.