BALCO leaker's plea deal rejected by federal judge

SAN FRANCISCO -- A federal judge took the unusual step Thursday of rejecting a plea deal for an attorney who admitted leaking the grand jury testimony of elite athletes to two newspaper reporters.

Troy Ellerman's lawyer argued in court papers for a 15-month prison sentence after he pleaded guilty to allowing two San Francisco Chronicle reporters to view transcripts of grand jury testimony from Barry Bonds, Jason Giambi, Gary Sheffield and other athletes embroiled in the government's steroids investigation. Probation officers recommended 18 months.

U.S. District Judge Jeffrey S. White said both recommendations were too low and that, as a lawyer, Ellerman "should be held to a higher standard of conduct."

"The court hereby rejects the plea agreement and refuses to be bound thereby," White said.

Ellerman must now decide whether to withdraw his guilty plea and take the case to trial. He and his attorney, Scott Tedmon, declined comment as they left court after the hearing.

Ellerman was hired by BALCO founder Victor Conte following the raid of Conte's nutritional supplements lab, part of the government probe.

Ellerman also later served as the attorney for BALCO vice president James Valente. It was while he was representing Valente that he allowed reporter Mark Fainaru-Wada to view the players' grand jury testimony, according to the plea agreement.

Fainaru-Wada and fellow reporter Lance Williams then published stories in 2004 reporting that Giambi and others had admitted using steroids, while Bonds and Sheffield testified they didn't knowingly take the drugs.