BALCO figures fight to keep documents

The BALCO grand jury transcripts, Novitzky affidavits and other sealed documents in the case were left in a bail bonds office for several weeks in an open storage room in a rubber box with no lid. Some of these documents had water damage and they were in a complete state of disarray when found. When Troy Ellerman ducked out of town, he left the discovery with a guy who worked at a bail bonds office in Sacramento. A motion was filed today along with declarations. Very interesting stuff.

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/11/26/sports/s181206S82.DTL

 

Here we go again ...

 

oh, boy..

 

god creamy, this shit has me spellbound.

so, did your guy shoot up and lie about it?

 

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The following are some interesting excerpts from the declaration filed today by attorney Ann Moorman, who represented Valente after Troy Ellerman was fired from the case. This is a total lack of compliance with the protective order in place as well as a complete disregard for the rights of everybody involved. The grand jury transcripts of Bonds and other athletes were illegally in the possession of a bail bondsman for weeks.

"Prior to the Court’s acceptance on April 18, 2005 of my substitution as counsel for Mr. Valente, I attempted to contact Troy Ellerman whose office was located in Sacramento, California. Mr. Ellerman had accepted a position with the Professional Rodeo Association and intended to re-locate to Colorado. I eventually reached Mr. Ellerman who signed the Substitution of Attorneys form but refused to deliver his file to my office. At all times, Mr. Ellerman was nearly impossible to reach and was uncooperative regarding the transfer of his files to me relating to Mr. Valente. Eventually, Mr. Ellerman
discontinued his telephone service and left no word as to how to obtain the discovery, pleadings and other materials necessary to my representation of Mr. Valente."

"I then tracked Mr. Ellerman down in Colorado and again asked him for the Valente discovery file. Once more, Mr. Ellerman was not cooperative. In fact, Mr. Ellerman delayed turning over his file to me until I threatened to report him to the California State Bar. In twenty years in the practice of law, I have never encountered this level of hostility and lack of cooperation from an attorney from whom I was assuming the representation of a client."

"Eventually, Mr. Ellerman said he had left the file with a bail bondsman in the Sacramento area. I contacted the bail bondsman who said he had no obligation to turn the file over to me and refused to cooperate. I again contacted Mr. Ellerman who eventually agreed to allow Mr. Valente to retrieve the file from the bail bondsman."

"When I received the file from Mr. Valente (the same day he retrieved it), the file was in a state of total disarray. The documents were in a large plastic moving box that had no lid. Documents had been disassembled, and there was no organization whatsoever to the material. The condition of the file led me to believe that someone had either intentionally damaged the integrity of the file prior to turning it over to me or that it was maintained in a completely reckless manner. Many of the documents were water-damaged, indicating they had been left outdoors or exposed to some kind of water or moisture."

"There was no correspondence and no legal research, and the absence of these and other documents left me with no confidence I had received a complete set of discovery thus far disclosed by the government. The level of hostility with which Mr. Ellerman and his “bail bondsman” had interacted with me left me no recourse, but I was and remain suspicious that they had not turned over everything to me."

"It is my recollection that it took between two and three weeks for me to obtain the file. I was under a great deal of pressure because an evidentiary hearing was scheduled for early June and I needed to make an informed decision about whether to go forward with the motions that Mr. Ellerman had filed or withdraw them. My staff and I spent several hours reconstructing the file so that I could review the necessary pleadings."

I declare under penalty of perjury that the foregoing is true and correct except as to those matters stated on information and belief and as to those matters I believe them to be true. Executed this 25th day of November, 2007 Ann C. Moorman

 

what do you mean by that, pio?

 

I wonder how this part of the story managed to get left out of the Game of Shadows? After all. It is the bible. Maybe this stuff was being saved for later and will evenutally end up on ESPN.com as reported by their new investigative team. Troy Ellerman did receive an acknowledgment at the top of their list at the end of the book.

 

Does anyone else think this is the only thing that gets creamora hard anymore?

 

That's what happens when your pennis shrivels up and dies because of the 'roids.