Judge rejects Olympic doping agency's bid for BALCO testimony

Judge rejects Olympic doping agency's bid for BALCO testimony

DAVID KRAVETS, Associated Press Writer. Associated Press . New York: Jul 9, 2004. pg. 1

Copyright Associated Press Jul 9, 2004

SAN FRANCISCO (AP) _ A federal judge Friday refused to let the U.S. Olympic anti-doping agency see the sealed testimony of top sprinters questioned during a grand jury investigation into an alleged steroid ring.

The U.S. Anti-Doping Agency wants to review the testimony of Tim Montgomery, Chryste Gaines, Michelle Collins and Alvin Harrison, all charged by the agency with using performance-enhancing drugs.

All four sprinters appeared last fall before a federal grand jury investigating the Bay Area Laboratory Co-Operative. Each has denied using banned substances.

BALCO's founder and three other men connected to the lab were indicted for allegedly distributing illegal steroids. All four men have pleaded innocent.

The USADA request came as the four athletes were set to begin competing in the Olympic track and field trials in Sacramento, which run through July 18.

The USADA is trying to prevent them from participating in the Olympics if they have admitted using steroids.

"Did these people take these substances or didn't they?" Bob Vizas, a USADA attorney told U.S. District Judge Susan Illston in explaining why the agency wants the transcripts. "We want to see the right people compete in the Olympics."

The judge agreed with the government that USADA failed to provide an adequate legal basis for gaining access to the sealed testimony.

Federal prosecutor Carter Stewart told the judge that grand jury transcripts may sometimes be released to investigative bodies unaffiliated with the Justice Department, if the testimony involves police officers, attorneys or judges who are under investigation.

He said that USADA's justification was not strong enough, and that aiding the agency would "undercut the ability of witnesses to come into these grand jury proceedings and testify truthfully."

The four sprinters were among the dozens of athletes who testified before the grand jury, which indicted BALCO's founder, Victor Conte; vice president James Valente; track coach Remi Korchemny; and Greg Anderson, the trainer for San Francisco Giants slugger Barry Bonds.

Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.

Dateline:	SAN FRANCISCO
Text Word Count	322

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