Congress wants Tejada investigation
WASHINGTON (AP) - January 15, 2008 Even though no players were present, unlike the theatrical March
2005 session, the names of career home run leader Bonds, seven-time
Cy Young Award winner Roger Clemens and 2002 AL MVP Miguel Tejada
all were raised during the 4-hour, 15-minute proceedings prompted
by last month's Mitchell Report.
Selig and union leader Donald Fehr sat side-by-side before a
House committee friendlier in tone than three years ago yet still
concerned about how serious baseball is in dealing with its doping
problem.
Before any of Tuesday's testimony, which began with former
Senate majority leader George Mitchell appearing for two hours,
House Oversight and Government Reform Committee chairman Henry
Waxman announced he and ranking Republican Tom Davis asked the
Justice Department to look into whether Tejada lied to committee
staffers when questioned in connection to Rafael Palmeiro's perjury
case in 2005.
Since the release of Mitchell's findings, the focus largely has
been on Clemens, the star pitcher scheduled to testify at a
separate hearing Feb. 13, along with his former trainer, Brian
McNamee, who said he injected Clemens with steroids and human
growth hormone.
Clemens has vehemently denied the allegations.
But Bonds was brought up by Waxman, who asked Selig whether the
Giants should have reported their concerns about Bonds' trainer,
Greg Anderson, and the slugger's alleged steroid use to the
commissioner's office.
"Of course," Selig responded.
Pressed by Waxman about whether Giants general manager Brian
Sabean violated baseball rules by not doing so, Selig said: "It's
a matter that I have under review," perhaps hinting that Sabean or
other team officials could face discipline.
The chairman pointed to the portion of the Mitchell Report that
discussed how former Giants athletic trainer Stan Conte told Sabean
in 2002 that a player had come to him with questions because he was
considering buying steroids from Anderson.
The report said Conte went to Sabean to say he wanted Anderson
and others like him removed from the clubhouse. Sabean wasn't
willing to do it, according to the report.
Waxman also expressed concern that, according to the report,
Giants owner Peter Magowan's lawyer called Mitchell to say Magowan
"misspoke" about Bonds' possible use of steroids.
"This incident shows why it's important for baseball's
management to take the problem of steroids seriously. It's possible
that the BALCO scandal could have been averted if Brian Sabean and
Peter Magowan acted in a responsible fashion," Waxman said.
"Instead, they seemed more intent on protecting Bonds."
Earlier, the commissioner said that if, aside from players,
"there were club personnel - and there have been some serious
accusations there - if those people are guilty of what was said
they were doing, they will face discipline, and very significant
discipline."
Giants spokeswoman Staci Slaughter said Sabean and Magowan were
out of town. The team was still deciding whether to release any
kind of statement.
One representative questioned all three witnesses about a
potential loophole in baseball's drug policy, which was toughened
in the aftermath of the 2005 congressional hearing. Penalties were
increased and amphetamines were banned.
Massachusetts Democrat John Tierney said baseball gave over 100
therapeutic-use exemptions to players for attention deficit
disorder last year, up from 28 in 2006. The exemptions enabled
players to use stimulants such as Ritalin and Adderall.
The general mood in the room was captured succinctly by
Connecticut Republican Christopher Shays, who noted, "This is
almost surreal to me."
Selig and Fehr both were praised for recent changes to
baseball's drug policy - and chastised for not taking action
sooner.
"The illegal use of steroids and performance-enhancing drugs
was pervasive for more than a decade, Major League Baseball was
slow and ineffective in responding to the scandal, and the use of
human growth hormone has been rising," said Waxman, a California
Democrat.
"The Mitchell Report also makes it clear that everyone in
baseball is responsible: the owners, the commissioner, the union
and the players."
Later, Maryland Democrat Elijah Cummings told Selig and Fehr:
"This scandal happened under your watch. I want that to sink in.
It did. Do you accept responsibility for this scandal or do you
think there was nothing you could do to prevent it?"
Fehr paused for several seconds.
"Did we or did I appreciate the depth of the problem? ... The
answer is `No,"' Fehr replied. "It's a failure that we didn't and
it's a failure that I didn't."
Selig then followed, starting by saying he's agonized over the
question.
"Do I wish we could have reacted quicker? Should we have? One
could make the case," the commissioner said. "All of us have to
take responsibility, starting with me."
In his opening statement, Selig vowed to develop a program "to
require top prospects for the major league draft to submit to drug
testing before the (amateur) draft." He also reiterated his
willingness to support use of a test for human growth hormone
"when a valid, commercially available and practical test for HGH
becomes reality, regardless of whether the test is based on blood
or urine."
Fehr, in turn, said the union has agreed to "allow players to
be suspended for HGH use based on evidence other than a positive
test, a so-called 'non-analytical' finding."
He and Selig said they met in December to discuss the Mitchell
Report's investigations and plan to meet again.
"I hope we have all of this completed before spring training,"
Selig said.
It took more than 1½ hours for the first mention of Clemens.
"You continue to feel comfortable with Mr. McNamee's
credibility?" Waxman asked.
"We believe that the statements provided to us were truthful,"
Mitchell said.
Mitchell was asked why he did not address amphetamine use in his
report ("They were outside the mandate of our investigation");
what level of help he received from the union ("The players'
association was largely uncooperative"); and why he did not agree
to a request by The Associated Press to turn over evidence he
gathered ("The responsibility for the disclosure of those
documents rests with those who are the possessors and owners of the
documents").
Said Davis, who chaired the 2005 hearing: "Our work here is
definitely not done. ... But as a panelist at our last baseball
hearing famously said, 'We're not here to talk about the past.' ...
Going forward, what will the leaders of baseball do to implement
the recommendations outlined in this report?"
The Mitchell Report connected more than 80 players to
allegations about performance-enhancing drugs.
Congress began focusing on steroids in baseball in 2005, after
the publication of Jose Canseco's book, "Juiced." At the March
2005 hearing, Palmeiro said under oath, "I have never used
steroids, period." He was suspended by baseball later that year
after testing positive for a steroid.
When the committee looked into whether Palmeiro should face
perjury or other charges, it spoke to Tejada, who at the time was a
Baltimore Orioles teammate of Palmeiro's. Palmeiro said his
positive test might have resulted from a B-12 vitamin injection
given to him by Tejada.
In Mitchell's report, Adam Piatt, Tejada's former Oakland
teammate, said he provided Tejada with steroids and HGH in 2003.
Mitchell also included copies of checks allegedly written by Tejada
to Piatt in March 2003 for $3,100 and $3,200.
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AP Sports Writer Janie McCauley in San Francisco contributed to
this report.