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/--------- E-mail Sponsored by Fox Searchlight ------------\ THE CLEARING - IN THEATERS JULY 2 - WATCH THE TRAILER NOW An official selection of the 2004 Sundance Film Festival, THE CLEARING stars ROBERT REDFORD and HELEN MIRREN as Wayne and Eileen Hayes - a husband and wife living the American Dream. Together they've raised two children and struggled to build a successful business from the ground up. But there have been sacrifices along the way. When Wayne is kidnapped by an ordinary man, Arnold Mack (WILLEM DAFOE), and held for ransom in a remote forest, the couple's world is turned inside out. Watch the trailer at: http://www.foxsearchlight.com/theclearing/index_nyt.html \----------------------------------------------------------/ Balco Twist Puts U.S. Track on Defensive April 21, 2004 By JERE LONGMAN In three months, Olympic trials will determine the United States' track and field team for the Summer Games in Athens. In four months, the Games will begin. No team is historically more powerful than the Americans in track and field, the Summer Olympics' most important sport. But no team is more unsettled at the moment, given the possibility of continuing fallout from the Balco steroids scandal. Already, four American track and field stars face suspensions after testing positive for the designer steroid THG, or tetrahydrogestrinone. National and international Olympic and track officials are tensely waiting to find out whether other athletes will be prohibited from competing in Athens because they used illicit performance-enhancing drugs. A potential twist in the case is this: Athletes do not have to test positive to be considered doping cheaters. The United States Anti-Doping Agency, which oversees drug screening in Olympic sports, can sanction athletes if they admit to having used banned substances or if other evidence, including documents, statements and witnesses, can prove drug use beyond a reasonable doubt. As Olympic and track officials await a resolution of the Balco case, which may not go to trial until the fall, they face the potential embarrassment of sending cheaters to Athens and then having to force athletes to return tainted medals after the Games end. Sports officials would like the Balco issue settled quickly, but they are powerless to resolve matters themselves. "We have to wait; there's nothing we can do, really," said Nick Davies, a spokesman for track and field's world governing body, known as the I.A.A.F. "It's something we have to live with." Terry Madden, chief executive of the American anti-doping agency, said in February that he expected investigations by the federal government and the anti-doping agency "will lead to the initiation of more doping cases against athletes and others." How does the anti-doping agency build its case against athletes who may be implicated in the Balco case but who have not tested positive in drug screenings? One clue is a meeting tentatively scheduled for today between officials of the anti-doping agency and Victor Conte Jr., founder of Balco, the Bay Area Laboratory Co-Operative. He is one of four men in the case charged with distributing steroids and laundering money. It is not certain whether the meeting will occur, Robert Holley, who is Conte's lawyer, said yesterday. Presumably, the anti-doping agency would seek firsthand knowledge about doping and corroborating documents from Conte. But it is not clear that such a meeting would be beneficial to either side. It remains uncertain what Conte would offer to the anti-doping agency, or what the anti-doping agency could offer him. Conte would be unlikely to admit anything to the United States Anti-Doping Agency without first securing a deal from federal prosecutors, lawyers familiar with the case said. "Any plea negotiation or any negotiations of any kind of disposition short of trial would have to go directly through the U.S. Attorney's office and the Justice Department, period," Holley said. "And U.S.A.D.A. isn't part of that." It is possible, officials involved in the investigation said, that Conte's cooperation with the anti-doping agency might be viewed favorably in a plea negotiation with the United States attorney's office in San Francisco, which is prosecuting the case. Conte is also scheduled to meet today with prosecutors to examine evidence, Holley said. "Victor Conte has information that he would love to be of service to the Olympic Committee, if that were something that were a viable option, given the charges pending against him," Holley said. But, he added, "We cannot do anything to hurt his position." The anti-doping agency has worked with federal investigators on the Balco case, but it is not known how much evidence the Justice Department would share as it builds its own criminal case. Matthew J. Jacobs, an assistant United States attorney in San Francisco, declined to comment on the Balco case yesterday. In general, he said, rules of criminal procedure prohibit the disclosure of grand jury material. It is also the practice of the Justice Department not to disclose the names of potential witnesses who have not been charged with a crime, Jacobs said. But the anti-doping agency has other potential evidence that it could explore, such as e-mail messages to and from Conte involving track and field athletes and checks written to Conte by athletes, including one described as an Olympic gold medal winner. The existence of such documents were made public in government affidavits, with the names of athletes edited out. The anti-doping agency could receive assistance in this evidence search from the Senate Commerce Committee, whose chairman is John McCain, Republican of Arizona. Two weeks ago, McCain subpoenaed documents related to Olympic athletes from the Justice Department. Athletes might also find themselves vulnerable to perjury charges if they were found to have lied last fall to the federal grand jury investigating the Balco scandal, lawyers have said. What Conte and others may be able to prove about doping is certain to send shivers through the American track community. For years, the sport has existed in an atmosphere tainted by drug scandals and international accusations that American officials had covered up positive drug tests. The legitimacy of any great performance comes under suspicion in such a cynical setting. Marion Jones, the Olympic sprint champion, and Tim Montgomery, the world-record holder at 100 meters, each testified before the Balco grand jury. Each has denied using banned substances. Neither has been charged with any crime. But that does not rid the sport from a dark cloud of skepticism. Last weekend at the Mount San Antonio College Relays in California, talk swirled around the Balco case and its potential implications. "It's time for a lot of positive things to happen, because a lot of negative things have been happening," said Maurice Greene, the Olympic champion at 100 meters. Just yesterday, four American track athletes - Chryste Gaines, Eric Thomas, Chris Phillips and Sandra Glover - got public warnings, but were not barred, after testing positive for the stimulant modafinil. Jill Geer, a spokeswoman for USA Track & Field, said the national governing body had confidence in the anti-doping agency's investigation and hoped it would be resolved quickly. "It is in no one's interest to have any innocent athlete competing under suspicion, nor is it in anyone's interest to have cheaters competing," Geer said in a statement. Because the United States Olympic Committee is committed to sending a clean team to Athens, it is willing to absorb more unfavorable publicity in the Balco case, Jim Scherr, the committee's chief executive, said. "If someone ended up indicting competitors, that's a price we're willing to pay to do what's right," Scherr said. Liz Robbins contributed reporting for this article. http://www.nytimes.com/2004/04/21/sports/othersports/21STER.html?ex=1083540041&ei=1&en=0112757ab6d561bb --------------------------------- Get Home Delivery of The New York Times Newspaper. Imagine reading The New York Times any time & anywhere you like! Leisurely catch up on events & expand your horizons. Enjoy now for 50% off Home Delivery! 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