Pubdate: Tue, 21 May 2002
Source: Denver Rocky Mountain News (CO)
Copyright: 2002, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: Colleen Long, Associated Press
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

LAWYERS ARGUED FOR RELEASING ATHLETE DRUG TEST RESULTS IN USOC CASE

DENVER- Lawyers for several media outlets argued in court Tuesday that 
athletes' drug test results held by the U.S. Olympic Committee should be 
made public because they may show many positive results were unreported.

The records were compiled by Dr. Wade Exum when he served as drug czar for 
the USOC. He claims the records contain information about competitors who 
tested positive for performance-enhancing drugs in the Olympic trials and 
went on to win medals at the Olympic Games.

Exum first revealed the existence of those documents during a news 
conference in July 2000 and said they would come out in court. He did not 
reveal names.

Exum is suing USOC leaders, claiming they hampered his anti-drug battle and 
denied him promotions because he is black. He claims that about half the 
American athletes who have tested positive for prohibited substances have 
gone unpunished in the quest to win medals.

The USOC denies his claims. Exum resigned as director of the USOC's Drug 
Control Administration in June 2000 after nine years.

Lawyers for the USOC filed a motion to seal the drug-test records, claiming 
they would copy the files for Exum's lawyers as long as the documents 
aren't released to the media.

"We have no intention of giving anything to the press," said USOC lawyer 
Bill Wright.

Several media outlets, including The Associated Press and USA Today, want 
the documents released.

Media lawyer Thomas B. Kelley, who represents The Associated Press, said 
the embarrassment athletes may suffer if the records are released isn't 
reason enough to seal the documents.

"The plaintiff claims these documents show oodles of positive test results 
that were never reported," Kelly said. "We don't know if there is validity 
to those claims, but we think the public interest is strong enough that we 
need to find out."

He said the test results weren't considered confidential, and the athletes 
knew that when they agreed to be tested. Kelly said if neither party would 
discuss the records, media lawyers would seek a court order to release them.

Exum's lawyer, John Pineau, said he wasn't sure if his client would speak 
to the press once he had the records.

"I'd be optimistic," he said.

Exum, who wasn't in court Tuesday, has said he filed his lawsuit because he 
wants to push the organization to change.

The USOC is the sole agency that trains athletes and enters teams for the 
United States in the Olympic and Pan American Games.

U.S. Magistrate Patricia Coan took the motions under advisement, and didn't 
say when she would issue a ruling. Another hearing was set for June 24.
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