Attorney Says Dukes Kept Children Past Allotted Time

TAMPA - Just when the divorce between inactive Devil Rays outfielder Elijah Dukes and his wife seemed to be nearing a simple end, confusion and accusations broke out again Thursday.

NiShea Dukes' attorney, Catherine Real, asked the judge for an emergency hearing Thursday, saying Elijah Dukes had failed to return his children to his estranged wife after his first visitation since divorce proceedings began.

Elijah Dukes said it was a miscommunication. He said NiShea Dukes had agreed to let the children - VaShawn, 3, and Kaley, 2 - spend the night. NiShea Dukes changed her mind when she found out Elijah Dukes' mother also was with them.

By late morning Thursday, the children were home with NiShea Dukes.

In a conference call between the attorneys and Circuit Judge J. Kevin Carey, the judge said the children did not seem to be in danger and he hoped the parents could work out the visitation schedule on their own.

Real said they could not, so Carey set a hearing for Sept. 25, when he will dictate how future visitations will proceed.

On Tuesday, NiShea Dukes had sent an e-mail to Elijah Dukes' lawyers saying she wanted to go to mediation and 'get this divorce over.' The announcement came a day after she dropped most of a domestic-violence restraining order and said she would allow Elijah Dukes unsupervised visitation of his children.

NiShea Dukes also told her estranged husband's lawyers in the e-mail that they should not release a psychological report that includes an evaluation of his drug use. NiShea Dukes' lawyer has said she is concerned that Elijah Dukes may be taking steroids, which can create rage issues.

On Thursday, NiShea Dukes said she changed her mind. After the confusion over the visitation, she again asked for a copy of the drug evaluation. Dukes' lawyers said they have faxed a copy to Real.

Real said she would not release the report, but she will discuss the contents at the Sept. 25 hearing.

In addition to the divorce, Elijah Dukes faces a misdemeanor charge of violating a domestic violence injunction after NiShea Dukes said he called her when he was ordered not to.

Dukes' lawyer for that case is Grady Irvin Jr., who Dukes said will take over as his divorce lawyer as well.

Irvin had harsh words for NiShea Dukes' lawyer. He questioned the $45,000 in legal fees Elijah Dukes was ordered to pay Real, saying the money could have gone to the children. He also criticized Real for making allegations that Elijah Dukes is taking steroids.

Elijah Dukes has no assets, Irvin said. If he loses his salary, he will not be able to take care of his children.

'All he's got is his baseball career,' Irvin said, 'and they're trying to attack his baseball career?'