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BALCO Files Turned Over To Senate Committee

Tuesday, April 27, – updated: 5:24 pm PDT May 6, 2004

The Justice Department gave a Senate committee documents that could help U.S. Olympic officials keep drug cheaters out of the Athens Games.

John McCain's Senate Commerce Committee subpoenaed materials from the grand jury probe of the Bay Area Laboratory Co-Operative, the nutritional supplements lab at the center of an investigation into the alleged distribution of steroids to top athletes.

"We have provided them with the documents they requested," Justice Department spokeswoman Monica Goodling said Tuesday in Washington.

It was not immediately clear whether the documents included grand jury testimony. Dozens of elite athletes, including Marion Jones, were asked by the grand jury about steroids.

McCain has promised to keep the material secret but said it is intended to make sure the United States sends a drug-free team to the Summer Olympics.

A little more than 100 days before the Athens Games, U.S. Olympic officials are hoping material in those documents will allow them to weed out drug cheaters.

"We do not want any lingering suspicions or positive tests coming out of the games," U.S. Olympic Committee chief executive Jim Scherr told The Associated Press.

The USOC is not just targeting athletes who have failed drug tests. Instead, officials hope to utilize a clause in the U.S. Anti-Doping Agency's rules to bar athletes who acknowledge the use of steroids and other banned substances.

The USADA's protocol gives that agency the authority to bring a drug case against an athlete in lieu of a positive drug test "when USADA has other reason to believe that a potential doping violation has occurred, such as admitted doping."

Craig Masback, the head of USA Track & Field, said he hopes evidence of any drug use is unveiled as quickly as possible "so that the guilty will be punished and the innocent will be cleared of suspicion."

"That is all we can do," Masback said. "We did not do the tests, we did not test the samples. We did not do the federal investigation, we do not have the affidavits, we were not in the grand jury."

A legal expert on steroids who helped write the USATF's drug-testing rules said he fears Olympic officials are so intent on protecting their sports that athletes could become the victims of a "witch hunt" that leaves their reputations in tatters.

"None of these agencies really give a damn about trying to protect the rights of the individual athlete," said Jim Coleman, a Duke University law professor. "There is not a specific provision to protect the interests of the American athletes."

Last weekend, two U.S. track stars -- Jones and her boyfriend, Tim Montgomery -- were connected in reports to BALCO founder Victor Conte. The San Francisco Chronicle and the San Jose Mercury News, quoting sources who requested anonymity, reported that Conte told federal agents he gave steroids to Jones and Montgomery.

Jones, who won five medals in the 2000 Olympics, and Montgomery, the world record-holder at 100 meters, repeatedly have denied steroid use. An attorney for Jones said she never received steroids from Conte. An attorney for Conte said he never provided steroids to Jones or Montgomery, and never gave such information to federal agents.

Jones and Montgomery were among dozens of athletes, including baseball sluggers Barry Bonds and Jason Giambi, who testified before the grand jury that indicted Conte. No athletes were indicted.

Conte and three other men, including Bonds' personal trainer, have been charged with providing steroids to professional athletes. All four pleaded innocent.

According to an AP poll released Monday, 92 percent of Americans believe the use of steroids and other performance-enhancing drugs by Olympic athletes is a problem.

Forty-three percent of those responding to the survey called it a major problem; another 49 percent see it as a minor problem. Only 6 percent don't consider it a problem.