Weird court proceedings for Elijah Dukes in Tampa: Devil Rays refused to release drug testing results

Is is us, or is the world getting nuttier every day?  Re: the case of the Tampa Bay Devil Rays Elijah Dukes.  Mrs. Dukes accused her husband of marijuana and steroid use leading to violent rages; Dukes is not paying her court-ordered child support, to boot.  A Tampa judge issued a subpoena for the drug testing records, however the Devil Rays refused to deliver the documents.

As documented (Deadspin, With Leather) Dukes, the Devil Ray rookie, threatened his wife, sent nasty images to her cell phone, disrupted his wife while she was teaching school, and generally behaved not so nicely.

[Gilbert, Duke's wife] told the court in another filing [for a restraining order] Thursday that her husband threatened to kill she (and children) and sent a photo of a handgun to her cell phone.

Events got dirty, lawyers got called, and things ended up in court...you have seen it before.  Dukes admitted to drug use in a Florida court in July; the wife accused him of MJ and steroid use. The presiding judge apparently ordered the Devil Rays to supply the court with Dukes drug testing results. (A full listing of the court's requirements of Dukes, after the jump). The baseball club did not cough up the drug tests.

Today, the presiding judge wanted to know just why the Devil Rays did not release the drug tests, which could show MJ and steroid use (My Fox Tampa Bay)

Another nasty round of divorce court led to charges that the Devil Rays are trying to hide steroid use by player Elijah Dukes. A drug test forced the Rays to sideline Dukes, and now the team is refusing to release the results of that test. Judge J. Kevin Carey wanted to know why he didn't have Dukes' drug evaluations, as ordered. The attorney for Dukes' estranged wife, Nishea, said that steroids may be the underlying reason for Dukes' aggressive behavior... "All of a sudden, we start to see these personality changes and I suspect it's that they are associated with the taking of steroids," said attorney Catherine Real.

The Tampa judge is not pleased with the Devil Rays.  If the judge subpoenaed Duke's drug tests, it would seem under Florida law, the employer (the Devil Rays) should have released those records to the legal proceedings, with or without employee permission. Dukes also underwent treatment at the Menninger Clinic (Psychiatric clinic) in Texas.  The judge subpoenaed those records in addition to the Devil Ray's records on Dukes:

Dukes' attorney (Ms Real) said during a July hearing that Dukes had undergone an evaluation while at the Menninger Clinic in Texas, Real said.

Real said the clinic records may include drug test results that could show whether Elijah Dukes had taken steroids or growth hormones. But she acknowledged she isn't sure what the records contain because she hasn't seen them.

The judge in July gave Dukes' attorney 10 days to send Real the records. Real never received them. She subpoenaed the Devil Rays for them.

The Devil Rays say in court papers that any documents in the team's possession about Dukes' health are confidential and cannot be released without Dukes' permission, which he has not given.

In response to today's court proceedings, the Devil Rays released this statement: "The Rays are not a party to these matters, and the law prohibits the release of any employee's medical records or other information without employee permission."

It would seem that a judge's order to turn over medical records in a legal case trumps an employee's right to privacy. More to come next week on this as the parties are back in Tampa court.

From My Fox:

The judge also ordered Dukes back to court Monday, along with lawyers for the Devil Rays, to explain why they won't release the results of Dukes' drug testing.

In a statement, the team passes the buck to Dukes. The law prohibits the release of medical records or other information without employee permission," said Rays spokesman Rick Vaughn. Dukes said to FOX 13, "it's not my fault, I'm telling you man." Monday then, will be showdown day for Elijah Dukes, when the Devil Rays will have to explain to the judge why they won't release that drug test information.

Dukes court-orders:

• Pay NiShea Dukes $3,300 a month in alimony.
• Pay $2,800 child support for his two children with her: VaShawn, 3; and Kaley, 2.
• Submit to random drug tests for marijuana use.
• Submit to a drug evaluation to determine if he has a problem with alcohol and if he needs to be tested for steroid use. NiShea Dukes alleged he is taking steroids, but did not offer proof.
• Pay for counseling for VaShawn, who NiShea Dukes claims is having emotional problems because of the split.
• Pay for health insurance for both children and provide NiShea Dukes insurance cards for them by Wednesday.
• Keep up his life insurance, approximately $1.5 million; the beneficiaries are his two children with NiShea Dukes and his three children with other women.
• Pay $10,000 to NiShea Dukes for her to use on court experts, including a forensic CPA, to determine how much money Elijah Dukes has
• In addition, NiShea and Elijah Dukes must meet with a parenting coordinator, jointly at least four times and individually at least once each.