SAN FRANCISCO — A federal appeals court ruled Wednesday that agents had no right to seize baseball’s anonymous drug-testing results from 2003, an infamous list that tarnished America’s pastime and some of its biggest stars.
The decision by the 9th U.S. Circuit Court of Appeals is a victory for the players’ union, which has argued for years to have the results of the 104 players who allegedly tested positive for performance-enhancing drugs in 2003 returned.
“This was an obvious case of deliberate overreaching by the government in an effort to seize data as to which it lacked probable cause,” Chief Judge Alex Kozinski wrote in the 9-2 decision.
Barring a last-ditch appeal to the U.S. Supreme Court, the test results and samples will be destroyed, and prosecutors cannot use the information. Union lawyers said the government returned the evidence shortly after earlier trial court rulings.
The panel said federal agents trampled on players’ protections against unreasonable searches and seizures, though the ruling came too late to spare players linked to the list, including Alex Rodriguez and David Ortiz, who admitted they were on it.
Tigers option Galarraga to rest elbow
ANAHEIM, Calif. — The Tigers optioned right-hander Armando Galarraga to Triple-A Toledo to give him 10 days to rest his inflamed elbow.
“We’ve got to take care of him,” manager Jim Leyland said of Galarraga. “I don’t want that on my resume.”
Left-hander Nate Robertson (elbow) will return from injury rehabilitation and start Saturday against Tampa Bay, with Rick Porcello moving up to take Galarraga’s scheduled turn Friday.
Footnotes.
Mets left-hander Oliver Perez will require season-ending surgery to repair patella tendinosis in his right knee.
• Yankees catcher Jorge Posada has a bruised ring finger after he took a foul ball off his gloved hand and is day to day.
• Athletics third baseman Eric Chavez said his 3-week-old rehab from back surgery is going well, and he will try to return to play again next spring.
• The Pirates placed right-hander Jeff Karstens on the 15-day disabled list with a lower back problem.
