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Feds request a stay in baseball drug-testing case

Prosecutors file with the U.S. 9th Circuit Court of Appeals.

September 02, 2009|Staff and Wire Reports

Arguing the evidence may be destroyed, federal prosecutors have asked an appeals court to stay its decision that government agents illegally seized drug-testing records and samples of more than 100 baseball players.

In a filing with the U.S. 9th Circuit Court of Appeals, the U.S. attorney's office in San Francisco said the solicitor general, in consultation with the criminal division of the Justice Department and the U.S. attorney's office, was considering whether to ask the Supreme Court to review the decision.

The deadline for a filing with the Supreme Court is Nov. 24.

"There is good cause for a stay," the government wrote in a motion filed by Joseph P. Russoniello, the U.S. attorney in San Francisco, and signed by Barbara J. Valliere, chief of his appellate section.

Prosecutors wrote that if the decision isn't stayed, "the district courts will obtain jurisdiction over this case, and the materials seized pursuant to the warrant and subject to the grand jury subpoena may be destroyed. Destruction of the property may render the issues presented by the government's appeals moot."

For The Record
Los Angeles Times Friday, September 04, 2009 Home Edition Main News Part A Page 4 National Desk 1 inches; 28 words Type of Material: Correction
David Laut memorial: In Wednesday's Sports section, a news brief about a service to be held Saturday for Olympic bronze medalist David Laut misidentified him as Don Laut.

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Michigan football Coach Rich Rodriguez says he won't let a lawsuit over a failed Virginia condominium project affect preparations for Saturday's season opener. The suit says he owes a bank $3.9 million for defaulting on a loan to build condos near Virginia Tech's Lane Stadium. . . . The NCAA won't have to immediately release public records about Florida State's appeal of an academic cheating penalty. An appeals court granted a temporary stay to the NCAA and gave attorneys for the Associated Press and other media a day to show why the motion should not stand.

PRO BASKETBALL

Rubio got cold feet with Minnesota

After saying all summer long that his preference was to play in the NBA, Ricky Rubio apparently got a case of cold feet at the last minute.

Less than 48 hours after the Timberwolves, Rubio's agents and the Spanish team DKV Joventut agreed in principle on a deal to bring the 18-year-old point guard to Minnesota, Rubio changed his mind. Minnesota had drafted Rubio No. 5 overall in this summer's NBA draft.

Rubio told Timberwolves President David Kahn on Monday night that he wanted to stay in Spain for the next two years to better prepare for life in the NBA. When Rubio backed out of the deal, DKV Joventut agreed to trade him to rival Regal FC Barcelona, which will pay $5.3 million to buy out his contract.

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The Boston Celtics signed free-agent guard Marquis Daniels, who averaged 13.6 points and 4.6 rebounds in 54 games last season with the Indiana Pacers.

FOOTBALL

'Pacman' Jones looking to Canada

Adam "Pacman" Jones is close to returning to pro football -- north of the border.

Jones' attorney, Worrick Robinson, said he has been in "consistent negotiations" with a Canadian Football League team. Robinson said a deal could be completed by the end of the week.

The Canadian Press and SI.com reported that Jones would play for the Winnipeg Blue Bombers, but Robinson wouldn't confirm with which team he's negotiating.

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University of Alabama defensive end Brandon Deaderick was released from the hospital after being shot in the arm during a robbery attempt at an off-campus apartment. . . . Sophomore tight end Jamal Mosley has left the Oklahoma State football team a week after a woman filed for a protective order against him. Coach Mike Gundy cited only personal reasons for Mosley's departure.

ETC.

Leipheimer joins Armstrong's team

Cyclist Levi Leipheimer has signed a two-year contract and will join Lance Armstrong on his newly formed Team RadioShack.

The 35-year-old Leipheimer says he plans to ride in the Tour of California, Dauphine Libere and Tour de France next year, calling them his three favorite races.

In other news, American George Hincapie signed a two-year contract with the BMC Racing Team.

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Brad Keselowski signed with Penske Racing to drive in the Sprint Cup and Nationwide series next season. Keselowski will drive the No. 12 Dodge, a ride he turned down last year; the seat instead went to David Stremme. . . . IndyCar driver Will Power is expected to miss the rest of this season but will not need surgery to repair the broken bones in his back.

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The Florida International men's basketball team decided that it will play North Carolina in a Coaches vs. Cancer tournament as scheduled.

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A memorial service for Don Laut, the 1984 Olympic bronze medalist in the shotput who was killed last week by apparent intruders outside his home, will be held Saturday at 2 p.m. at the gymnasium at Oxnard Hueneme High. Laut was athletic director at the school.

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