Weiner did say that if the union wins the legal fight to have the records returned, which may end up before the Supreme Court, it likely would comply with requests from players on the list to tell them what they were said to have used.
“Given the uncertainties inherent in the list, we urge the press and the public to use caution in reaching conclusions based on leaks of names, particularly from sources whose identities are not revealed,” Major League Baseball said in a statement.
Three U.S. District Courts have sided with the union, saying the material must be returned by the government. A three-judge panel of the 9th U.S. Circuit Court of Appeals agreed with the prosecutors, but that decision was thrown out and 11 judges from the 9th Circuit heard arguments last December. A decision is pending.
Weiner said Ortiz had been put in a difficult position.
“His reputation has been called into question. He does not know specifically why. And he can’t get the information that would allow him to offer a full explanation,” Weiner said.
The survey was designed to determined whether baseball needed mandatory random drug testing with penalties starting in 2004, with a 5 percent threshold for positives triggering future testing. While the exact number of 2003 positives was subject to dispute, the sides never worked that out because they agreed the percentage was over the threshold.
“Substantial scientific questions exist as to the interpretation of some of the 2003 test results,” Weiner said. “The more definitive methods that are utilized by the lab that administers the current drug agreement were not utilized by the lab responsible for the anonymous testing program in 2003. The collective bargaining parties did not pursue definitive answers regarding these inconclusive results, since those answers were unnecessary to the administration of the 2003 program.”
Each of the 1,438 tests in 2003 were actually two tests — an initial sample and a follow-up five-to-seven days later designed to screen out then-legal substances, such as androstenedione. While both tests needed to be positive under baseball’s program, it’s possible the government is counting single positives.
“I was very proud of the way David handled himself,” Francona said. “I know it’s been a long 10 days for him.”
Josh Hamilton fights off illness to hit a two-run homer in the bottom of the 13th inning, lifting the Texas Rangers to an 8-7 victory over the Toronto Blue Jays.
SEATTLE (AP) - Albert Pujols hit a home run in his third straight game and pinch hitter Alberto Callaspo came through with a grand slam in the sixth inning to give the Los Angeles Angels a 5-3 win over the Seattle Mariners on Saturday.
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