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Dukes' Drug Report Sealed

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: September 26, 2007

TAMPA - A judge on Tuesday said he will read a drug-evaluation report about inactive Devil Rays outfielder Elijah Dukes and he also wants a family counselor to read it.

The report, however, will be sealed from public view, Circuit Judge J. Kevin Carey ordered.

Also Tuesday, Carey said Dukes has until Friday to pay the first installment of his wife's legal fees or face jail. The $20,000 payment was due Monday but was not paid.

Catherine Real, the divorce attorney for NiShea Dukes, said she could have recounted information from the drug evaluation in court on Tuesday but said it would be bad for Elijah Dukes' career. Beyond a drug evaluation, it contains information about Dukes' physical condition, his mental condition and his proclivity to violence, Real said.

'I don't think it would be beneficial to have that report in the public record at this time,' she said.

Real said the report contains information that shows that Dukes' visitation with his children should be supervised.

Previously, Real said she had concerns that Elijah Dukes is using steroids and has developed related rage problems. On Tuesday morning, she said she planned to call an addictions doctor to testify about the report. By Tuesday afternoon, however, she decided not to call the doctor to testify.

Dukes' attorney, Grady Irvin Jr., said he has not seen the report, but he assured the judge that Dukes is not taking steroids.

The judge said he would read the report and he wanted the couple's family counselor to read it as well so the counselor can make recommendations about Dukes' visitation with his children.

Last week, after Elijah and NiShea Dukes had a misunderstanding about Dukes' first court-sanctioned visitation with his children, Carey said he would set up a visitation schedule to avoid problems between the divorcing couple.

As Tuesday's hearing began, Elijah Dukes said he would waive visitation with his children because he needs to focus on his baseball career.

On Oct. 10, Dukes leaves the country for winter baseball in the Dominican Republic, Grady said. He said Dukes loves his kids and wants to see them, but the pressures from the divorce and the fights with NiShea Dukes are taking a toll.

'He's emotionally drained and doesn't want to take his kids through this,' Irvin said.

The judge said he does not want to eliminate contact between Elijah Dukes and his children. He wants to discuss the matter at a hearing before Dukes leaves the country.

Dukes is also behind on payments he is to make to his estranged wife's attorney. The judge previously ordered Dukes to pay $45,000 in three installments because Dukes makes $380,000 per year plus bonuses and his wife is a school teacher.

Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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