MLB Capsules: Court again says feds wrongly seized MLB drug list
SAN FRANCISCO (AP) — A federal appeals court on Monday reaffirmed its ruling that investigators illegally seized a list of baseball players who allegedly tested positive for steroids during a 2004 drug lab raid.
It's the fourth time the 9th U.S. Circuit Court of Appeals has ruled on the issue during six years of litigation. Three trial courts also have issued separate rulings in the case.
On Monday, the 11-judge panel again ordered investigators to return the list of 104 players to the labs, effectively barring them from using the players to expand their sports doping investigation.
The appeals court was revisiting its August 2009 ruling at the request of the Obama administration. Supreme Court Justice Elena Kagan, who was solicitor general at the time, and 22 other high-ranking federal lawyers told the court last year that "computer searches have ground to a complete halt" in many regions of the country because of strict guidelines the court told judges to follow when authorizing searches of computers.
Those guidelines were removed from Monday's ruling, which was far narrower in scope than the August ruling.
The convoluted case began in April 2004 when agents seized urine samples and records from Comprehensive Drug Testing Inc. and Quest Diagnostics Inc. They were armed with a search warrant authorizing them to seize the results of 10 players. But the agents seized an entire hard drive and retrieved a spreadsheet with the names of 104 players who allegedly tested positive during the 2003 Major League Baseball season. Those test results were supposed to remain anonymous and were to be used only to determine if baseball should institute mandatory drug testing.
The players' union went to court almost immediately after the raids, complaining that the raids were illegal and asking that the records and samples be returned.
Three different trial judges ruled in favor of the union, but a divided three judge panel of the 9th circuit in 2006 ruled in favor of the government. But a larger, 11-judge panel voted 9-2 in August 2009 and again Monday that the government was wrong to seize the entire list.
The 9th Circuit on Monday also closed its doors to any further appeals.
The government still could appeal to the U.S. Supreme Court. U.S. Attorney spokesman Jack Gillund declined comment.
Although the names of the players in dispute have remained under seal during all the legal wrangling and were to remain confidential, the identities of four have been leaked to the media: Alex Rodriguez, Manny Ramirez, David Ortiz and Sammy Sosa.
American League
Swisher and Gardner out of Yankees' lineup
ST. PETERSBURG, Fla. (AP) — New York Yankees outfielders Nick Swisher and Brett Gardner were out of the lineup for the start of a three-game series at Tampa Bay on Monday night.
Swisher has a recurring problem with a bone bruise on his left knee caused by a foul ball and will have a follow-up MRI exam Tuesday. Yankees manager Joe Girardi said there are no structural problems and the injury is thought to be a short-term situation.
Swisher pinch hit in the eighth inning, grounding out to third against Rays starter David Price. Swisher had a noticeable limp as he ran to first and after the Yankees lost 1-0 to Tampa Bay in 11 innings said the knee has not improved over the last week.
"As much as you want to be out there and be playing, on one leg ain't exactly how I want to be going out there," Swisher said. "We took the MRI before and it said there was nothing, but I find that really, really hard to believe."
The bad knee has started to impact other areas, including Swisher's shoulders.
"My swings are a little off," he said. "I want to get healthy, man."
Gardner had an MRI exam Monday on his sore right wrist, which showed inflammation, but no major issues. He hopes to swing a bat on Tuesday.
Gardner was inserted as a pinch runner and stole second base for his 41st steal this season during the 10th inning. Later in the inning, he was caught leaning by reliever Joaquin Benoit and thrown out attempting to steal third.
The defending World Series champion Yankees dropped a half-game back in the AL East race.
Pettitte to make another rehab start in Double-A
ALTOONA, Pa. (AP) — New York Yankees left-hander Andy Pettitte is scheduled to make his next minor league rehab appearance Tuesday night in the first game of Double-A Trenton's Eastern League championship series against the Altoona Curve.
Pettitte has been on the 15-day DL since mid-July with a strained left groin. Yankees manager Joe Girardi had said last week Pettitte would make one more rehab start before rejoining the big league rotation.
He is 11-2 with a 2.88 ERA in 18 starts this season for New York.
The 38-year-old Pettitte pitched four shutout innings in a rehab start Thursday for the Thunder in a playoff game against New Hampshire, striking out four.
Rudy Owens will start Tuesday against Pettitte for Altoona, the Double-A affiliate of the Pittsburgh Pirates.
Seattle fires pro scouting director Fusco
SEATTLE (AP) — The Seattle Mariners have fired director of pro scouting Carmen Fusco with three weeks remaining in the regular season.
The team confirmed Fusco's firing on Monday. KING-TV in Seattle first reported the move Sunday night citing unnamed sources.
Fusco was responsible for overseeing the scouting of the major league and minor league teams. The team did not announce a replacement.
Fusco is a longtime friend of Seattle general manager Jack Zduriencik. The pair grew up in New Castle, Pa., and worked together in the Mets and Brewers organizations.
Fusco is the sixth member of the Mariners baseball staff to be fired this season, including manager Don Wakamatsu last month.
Sartori hired as assistant GM of Toronto Blue Jays
TORONTO (AP) — Jay Sartori has been hired as assistant general manager of the Toronto Blue Jays.
The 31-year-old Sartori had been director of baseball operations of the Washington Nationals for nine months after spending four years as manager of salary and management administration in Major League Baseball's labor relations department.
He will work under Alex Anthopoulos, who was promoted to general manager late in 2009. Sartori will be involved in salary arbitration, contracts and the collective bargaining agreement, the Blue Jays announced Monday.
Special assistant Jon Lalonde will become a special assignment scout after a transition period.
Tampa Bay Rays recall LHP Jake McGee from minors
ST. PETERSBURG, Fla. (AP) — The Tampa Bay Rays have recalled left-hander Jake McGee from Triple-A Durham and optioned right-handed reliever Mike Ekstrom to their top minor league affiliate.
The team announced the moves after Monday night's 1-0, 11-inning victory over the New York Yankees.
It is McGee's first major league call-up. In 11 appearances, including one start, at Durham, he was 1-1 with one save and a 0.52 ERA.
Ekstrom was 0-1 with a 4.38 ERA in 11 appearances with Tampa Bay.
National League
At 22, Latos showing maturity on mound for Padres
SAN DIEGO (AP) — In the middle of a pennant race in sunny San Diego, 22-year-old Padres ace Mat Latos thinks back to a cold December day in Virginia.
He and his younger cousin, Josh Branick, were hanging out at Latos' parents' house, watching a movie. Latos remembers the snow piling up outside, his two dogs at his feet and the lights shining on the Christmas tree.
More importantly, he remembers what his cousin told him: 'God gave you two ears and one mouth for a reason — you can listen twice as much as you talk."
An only child, Latos said he considers Branick to be like a brother. Once considered abrasive and hotheaded on the mound, Latos took his cousin's words to heart.
In a sign of how he's matured, Latos went nearly five months between bad starts.
When the Padres were going great, Latos was going great. When the Padres struggled, well, Latos was still going great.
He was so good for so long that he even set a major league record, making 15 straight starts of five or more innings with two or fewer runs allowed.
That streak ended Sunday when Latos and the Padres were roughed up 6-1 by the San Francisco Giants to see their lead in the NL West cut to less than a percentage point.
Still, Latos didn't get upset. The Padres were technically still in first place and he'd done something no other big league pitcher ever has.
"It wakes you up to a whole different aspect of baseball," Latos said. "To be able to have that kind of success for such a long time, you're bound to have a bad one and it makes you appreciate the little things more."
Just like the words of wisdom from his cousin.
"I thought about it. It's one of life's little lessons that you never really look at." said Latos, who was 21 when he made his big league debut on July 19, 2009. "I just thought about it and this year, I just vowed to walk into spring training and just sit back, take a deep breath and enjoy what was happening in front of me."
He listened to new teammate Jon Garland, and to returning veterans Chris Young, Heath Bell and Adrian Gonzalez. Manager Bud Black, too.
"Buddy's No. 1 thing for me was me being reliable," said the hard-throwing Latos, who is 6-foot-6, 225 pounds. "He's not asking me to go out and strike out 15 batters a game. He's not asking me to go out and give him eight innings every game. He's not asking me to go out there and throw zeros every time, or have a zero ERA. He's not asking me for very much. He's just asking me to be reliable. And that's in my hands. That's the biggest part of my maturity."
Latos has pitched so well this year that some fans feel he at least merits inclusion in Cy Young Award talk. He's 14-6, and until Sunday led the majors in ERA, which went from 2.21 to 2.43. He has 174 strikeouts in 166 2-3 innings.
Until Sunday, his worst start had been on April 26, when he gave up seven runs in just 2 2-3 innings in a loss at Florida. He then went six starts without allowing more than two runs before giving up three runs in a 3-2 loss at Philadelphia on June 4. His record streak began June 10 against the New York Mets.
Latos' teammates mention his maturity. Black sees an energetic, fun-loving player who works hard in between starts and is all business on the mound.
Latos at 22 is different than he was at 21 — and definitely more so than when he was 19.
"I had some issues. Demons if you want to call them, I've heard that plenty of times," said Latos, who was taken in the 11th round of the 2006 draft and signed in 2007. "Maturity issues. I think it's partially my fault, partially people's opinion on me. I had a maturity issue, don't get me wrong. I was 19 years old. You know, sorry that I was 19. That's the only thing that I can really say."
Latos has learned to channel those demons.
"I guess you could say I learned to breathe through my eyelids, if you want to call it that," Latos said.
In the past, he'd have excuses.
"Now, you know what, I just threw a pitch, I made the mistake and he wound up hitting it. Why am I getting mad at someone else, when if I don't make that mistake, maybe he doesn't hit it? It's kind of a better outlook on things, and life in general."
Bell remembers chewing out Latos a few times last year for "annoying" rookie behavior. Now, Bell notices maturity.
"He wants to be the best pitcher he can be, and he's realized that he can learn a lot of things from other people who aren't as good as he is but have more time in the big leagues," Bell said. "I like the guy. I really do. I think he's going to be one of the best in the game for years to come. I think he definitely has a bright future."
Latos has boundless energy. He loves to shag fly balls during batting practice, although Black asked him to ease up on trying to rob teammates of home runs so he won't crash into the wall. He tries to catch as many ceremonial first pitches as he can. "I get to meet a lot of good people," Latos said. He's caught Chargers quarterback Philip Rivers, war veterans, and UFC and MMA fighters.
"I came that close to catching Manny Pacquiao," Latos said. "Mike Adams, man, he pulled senior rank."
Baseball is such a passion that before going to his first big league camp, Latos had the curving seams of a ball tattooed across his left wrist and forearm. He chews gum vigorously while pitching, to keep in a calm rhythm. He's taken to mumbling to himself after making a bad pitch, to the point that plate umpire Hunter Wendlestedt wondered last week whether Latos was mumbling at him. Latos explained that he was simply mad at himself.
"He's got a unique personality," Black said. "He's got a lot of energy. We'd never want to take that away from him. In the course of the day, you can channel that into some positives. I'm OK with him being himself and doing his thing, but what I like is that when it's time to work, he works."
-- Bernie Wilson
Marlins shut down Johnson for remainder of season
MIAMI (AP) — Josh Johnson woke up Monday without back pain for the first time in weeks. It wasn't enough to save his season.
Johnson was shut down for the remainder of the year by the Marlins, who remain in the postseason chase only in a mathematical sense. After losing 11-4 to Philadelphia, Florida is nine games behind Atlanta in the NL wild-card race and 10 games back of first-place Philadelphia in the NL East with 19 games remaining.
"It's just the smart thing to do," Johnson said.
The ace right-hander was scratched from a start last week after a strained muscle near the middle of his back forced him to end a bullpen session. Johnson also had his shoulder examined, mostly for precautionary reasons.
He might be able to resume playing catch later this month.
Once the Marlins said last weekend that Johnson wouldn't make his scheduled Wednesday start against the Phillies, it seemed only a matter of time before they declared his 2010 season complete.
"We saw that coming," manager Edwin Rodriguez said. "We were very careful with him and made a decision that we were going to shut him down. He was getting a little better, but he was very far from being 100 percent. So that's why we made the decision and he agreed."
Johnson went 11-6 with a career-best 2.30 ERA this season and matched a career high with 12 strikeouts in his final start, Sept. 4 against Atlanta. For the year, he struck out 186 in 183 2-3 innings.
But once the calendar flipped to August, there were some indicators that Johnson might have been wearing down.
Through July 31, Johnson — once considered a strong candidate for the NL Cy Young Award this season — was 10-3 with a 1.72 ERA and opponents were hitting .212 against him. In seven starts since, he was 1-3 with a 4.25 ERA and an opponents batting average of .284.
"I'm not one to make excuses," said Johnson, who pitched through a strained back muscle earlier this season. "Every now and then you could tell that things weren't kind of right or were a little off."
The Marlins were aware of Johnson's physical issues, Rodriguez said, but decided not to reveal them.
"We were not supposed to mention anything about that," Rodriguez said. "We knew that back then. I have to say I blame myself because I was part of that, but we kind of reached an agreement in saying it was a mechanical issue, but he was trying to pitch through it."
Since returning from reconstructive elbow surgery in July 2008, Johnson is 33-12 with a 2.94 ERA. The Marlins gave him a $39 million, four-year contract in January. He's due to make $7.75 million in 2011, then $13.75 million in 2012 (when Florida is scheduled to move into its new downtown Miami ballpark) and again in 2013.
"This morning was the first time I woke up and wasn't sore in my back in two months, maybe a month and a half," Johnson said. "It's been kind of an ongoing thing and something I've just got to deal with. It was actually kind of nice to get up and not having to help myself out of bed."
-- Tim Reynolds
MRI reveals strained hamstring for Phils' Rollins
MIAMI (AP) — Jimmy Rollins isn't expected to miss much more of the Philadelphia Phillies' postseason push.
Rollins was diagnosed Monday with a strained right hamstring, after an MRI exam in Philadelphia ruled out any major problems such as a significant tear. Phillies manager Charlie Manuel said he expects Rollins will be back with the team when its three-game series at Florida continues Tuesday.
"He might be able to pinch-hit or something," Manuel said before the Phillies beat the Marlins 11-4. "I don't know if he'll be ready to be back in the lineup Tuesday or Wednesday. He's still going to be sore."
Rollins experienced tightness in the hamstring after hitting a double and eventually scoring against the Marlins on Sept. 8, leaving that game and not playing since.
For the season, Rollins is batting .245 with seven homers and 37 RBIs. Still, it's clear that the two-time reigning NL champions are much better when their shortstop is in the lineup.
The NL East-leading Phillies are 51-31 when Rollins plays this season, 33-30 when he does not. When Rollins scores a run, Philadelphia is 30-6, as opposed to 54-55 when he doesn't cross the plate.
"I hope we have him back Tuesday," Manuel said.
Rollins has been on the disabled list twice already this season, missing more than two months with a strained right calf. Since returning for the second time in late June, he's been batting .235 with five home runs and 30 RBIs in 69 games.
-- Tim Reynolds
Uggla becomes first 2B to have four 30-HR seasons
MIAMI (AP) — Dan Uggla became the first second baseman in major league history to hit 30 home runs four times when he connected for the Florida Marlins on Monday night.
Uggla hit his 30th of the season off Philadelphia reliever David Herndon in the eighth inning of Florida's 11-4 loss to the Phillies.
"I exhaled," said Uggla, who got the ball back after the game. "I'm not going to lie."
The homer was Uggla's first in 53 at-bats.
Only four other second basemen in big league history have had three seasons of 30 homers or more: Rogers Hornsby (1922, 1925, 1929), Jeff Kent (1998, 2000, 2002), Alfonso Soriano (2002, 2003, 2005) and the Phillies' Chase Utley (2006, 2008, 2009).
Uggla has 151 home runs in five major league seasons, all with the Marlins. His career high is 32 homers, set in 2008.
K-Rod due in NYC court after fight at Citi Field
NEW YORK (AP) — Mets closer Francisco Rodriguez is due in court in New York City on assault charges. He is accused of attacking his girlfriend's father outside a family lounge at Citi Field.
Rodriguez is scheduled for a routine hearing on Tuesday.
He was arrested after the Mets lost to Colorado on Aug. 11.
He tore a ligament in the thumb on his pitching hand during the altercation and had to have surgery. He was placed on the disqualified list. The team says he wouldn't be paid until he's off the list.
Prosecutors say the four-time All-Star was angry after the loss and took it out on his family.
After his initial court appearance, the judge issued orders of protection for Rodriguez to stay away from his girlfriend and her father.
Mets ace Santana to have shoulder surgery Tuesday
NEW YORK (AP) — Johan Santana is set to have shoulder surgery Tuesday.
The Mets say a second opinion given by noted orthopedist Dr. James Andrews confirms that the two-time AL Cy Young Award winner has a torn anterior capsule on the front and bottom of his left shoulder and that surgery was the best course of action.
Team doctor David Altchek will perform the operation in New York.
The Mets had said Santana should be able to resume throwing next spring but there is no timetable for his return.
This will be the third straight year that Santana will spend the offseason recovering from surgery. The 31-year-old left-hander has three seasons remaining on his $137.5 million, six-year contract.
He was 11-9 with a 2.98 ERA in 29 starts this season.
Fielder sidelined with flu
HOUSTON (AP) — Flu-like symptoms forced Prince Fielder out of Monday night's Milwaukee lineup, ending his streak of playing in 327 consecutive games.
It was the longest current streak in the majors and the longest in Brewers history. Robin Yount played in 274 games from 1987-1989.
"The trainer called me around noon," Brewers manager Ken Macha said. "The Houston team doctor gave him an IV but he looks terrible. We held off as long as possible before we had to change the lineup."
Fielder's streak started Sept. 4, 2008 against San Diego. The last game Fielder missed was Sept. 3, 2008 against the Mets.
Fielder started every game during the streak, 326 at first base and one at DH.
Pirates claim Leroux off waivers from Marlins
PITTSBURGH (AP) — The Pittsburgh Pirates have claimed right-hander Chris Leroux off waivers from the Florida Marlins and designated right-handed reliever Brian Bass for assignment.
Leroux had a 7.00 ERA in 17 appearances with Florida, striking out 18 and walking 11 in 18 innings. He had a 6.28 ERA in 26 minor league games this season.
Leroux was added to the Pirates' 40-man roster.
Bass gave up 11 runs and nine hits in 7 1-3 innings with Pittsburgh. He had a 4.90 ERA in 48 games with Baltimore last season.
Padres activate OF Gwynn from 15-day DL
DENVER (AP) — The San Diego Padres activated outfielder Tony Gwynn Jr. from the 15-day disabled list before the start of a three-game series in Colorado on Monday.
Gwynn missed 23 games with a broken bone in his right hand. San Diego manager Bud Black says Gwynn will be limited to a late-inning defensive replacement for now.
Gwynn is hitting .212 with 17 stolen bases in 103 games this season.
Scott Hairston a late scratch from Padres' lineup
DENVER (AP) — San Diego Padres outfielder Scott Hairston has been scratched from the lineup against Colorado with a sore left shoulder.
Chris Denorfia took Hairston's place in the lineup Monday night.
Hairston was slated to play left field and bat seventh when the Padres opened a crucial three-game series at Colorado, but he aggravated his shoulder during batting practice. Aaron Cunningham has been moved from center field to left, and Denorfia will play center.
Hairston was batting .217 with 10 home runs and 35 RBIs.
Both League
Reds acquire utilityman Bloomquist from Royals
CINCINNATI (AP) — Down to only two fully healthy outfielders for their playoff push, the Cincinnati Reds acquired utilityman Willie Bloomquist from the Kansas City Royals on Monday for either a player to be named or cash.
The NL Central leaders had been looking to get another outfielder after injuries left them with just Jonny Gomes in left and Drew Stubbs in center. The Reds began the day with a six-game lead over St. Louis.
Bloomquist is a short-term fix. He had been set to start in left field Monday in the Royals' game against Oakland. The Reds expect him in town for the second game of their series against Arizona on Tuesday.
"He's much needed," manager Dusty Baker said. "He plays all over, especially in the outfield where we could use him. Plus, he can pinch-run and pinch-hit, especially against left-handers. We've been searching for a couple of weeks. We got him because we need him. We hope he's a valuable spoke in the wheel."
Because he was acquired after Aug. 31, Bloomquist is ineligible for the playoffs if the Reds go that far.
The 32-year-old Bloomquist has started games this year at second base, third base, left field, center field and designated hitter. He had a nine-game hitting streak snapped over the weekend. He's batting .265 with three homers and 17 RBIs.
"Cincinnati called a couple of days ago, and we've been working on it since then," Royals manager Ned Yost said. "I loved having him play for me."
"Willie Bloomquist is a guy who's a free agent at the end of the year and he's got a chance to go from a team that's 27 games under .500 to a team that's 20 games over .500. I wanted him to go ahead and experience it," he said.
The Reds have held onto first place despite a series of strains, sprains and bruises that hit the outfield particularly hard. Laynce Nix has a sprained ankle, Jay Bruce and Jim Edmonds have strained abdominal muscles and Chris Heisey has been limited by a strained biceps.
Bruce was originally out of the starting lineup for a game Monday night against Arizona, but Baker decided to put him in after the outfielder said he felt up to it. Bruce hasn't played since Aug. 31 because of strained muscles on the right side of his abdomen.
"It should be good," Bruce said. "I'm looking forward to getting back in there and getting my feet wet. I told Dusty I was ready to play. A lot of guys have nagging stuff.
"It's time to go. I want to get ready for the push and help this team win as much as I can."
The Reds were so desperate for a healthy outfielder that they started infielder Miguel Cairo in right field over the weekend against Pittsburgh. It was only his third career start in right field and his first in five years.
The Reds also have been forced to use backups for shortstop Orlando Cabrera (strained abdominal muscles) and second baseman Brandon Phillips, recovering from a bruised hand.
On Monday, the Reds also recalled right-handed reliever Jared Burton from Triple-A Louisville and designated right-handed reliever Enerio Del Rosario for assignment.
-- Joe Kay
Elsewhere
Opening statements to begin in Adenhart case
SANTA ANA, Calif. (AP) — Testimony will soon be under way in the murder trial of a man accused of driving drunk in the crash that killed Angels rookie pitcher Nick Adenhart and two of his friends.
The Orange County district attorney's office said Monday that opening statements in the second-degree murder case will begin at 9:30 a.m. Tuesday in Orange County Superior Court.
The 23-year-old Andrew Gallo has pleaded not guilty to three counts of second-degree murder and a count of felony hit-and-run.
The 22-year-old Adenhart died just hours after pitching six scoreless innings in his 2009 season debut with the Los Angeles Angels.
Also killed were 20-year-old Courtney Stewart and 25-year-old Henry Pearson.
Ian Penny hired by baseball players' association
NEW YORK (AP) — Ian Penny, the former interim head of the NHL Players' Association, has been hired by the baseball players' union as a senior labor attorney.
The 46-year-old Penny joined the Major League Baseball Players Association on Monday. He worked at the National Labor Relations Board from 1988-00 before spending 10 years with the hockey union. He is a graduate of New York University Law School.
Former baseball union head Donald Fehr has been recommended by the search committee to become head of the hockey players' union.
Cancer research group honors Selig with grant
NEW YORK (AP) — A top cancer research organization is honoring baseball commissioner Bud Selig by making a grant in his honor.
Major League Baseball was the first major donor to Stand Up to Cancer with a $10 million pledge in 2008. The group says the grant is being made in the name of Selig and his wife, Suzanne.
