World's fastest man quizzed by grand jury

The world's fastest man, Tim Montgomery, appeared on Thursday before a grand jury investigating a lab that supplies some top athletes with nutritional supplements.

Federal have refused to discuss the scope of the grand jury's proceedings. Two sources familiar with the probe said this week that the grand jury is focusing on drug use by athletes as well as possible tax evasion by the lab, BALCO.

Montgomery, the world record-holder at 100m, was among the latest track and field star to appear before the panel. US sprinter Chryste Gaines, a 1996 Olympic relay gold medalist, also went before the grand jury Thursday, and US shot putter Kevin Toth and 1,500m runner Regina Jacobs were among those who testified last week.

Dozens other athletes, including Major League Baseball's Barry Bonds and Jason Giambi, boxer Shane Mosley and several NFL players, have also been subpoenaed.

All have been customers of the Bay Area Laboratory Co-Operative. An attorney for BALCO founder Victor Conte has said his client is the target of the grand-jury probe.

Montgomery, 28, who set the world record of 9.78 seconds last year and is the boyfriend of Olympic sprinting champion Marion Jones, did not comment Thursday. His agent, Charlie Wells, also was there and declined to comment.

Gaines, 33, who ran the two fastest 100m times of her career in the last few months, also declined to comment after her afternoon appearance.

An before the grand jury, or being subpoenaed to testify, does not mean an athlete is a target of the probe.

BALCO is at the center of an investigation by anti-doping agencies into the newly discovered steroid THG. An unidentified coach who turned in a syringe containing THG said he got the substance from Conte, a charge he denies.

At least five athletes already have tested positive for THG, including Jacobs, Toth and European sprinter Dwain Chambers.

One the sources who spoke on condition of anonymity said the grand jury is "looking at at least five different drugs -- steroids, hormones, THG, modafinil, EPO."

Conte declined an e-mail request for comment Thursday.

Douglas Schwartz, an attorney representing Jacobs, Gaines and other athletes subpoenaed, said the athletes are not targets of the probe.

"The Department of Justice policy is that targets of a grand jury do not receive subpoenas. If you receive a grand jury subpoena then, at least at that time, you are not a target," he said.

Schwartz contended athletes did not break any laws if they used THG. The US Food and Drug Administration declared THG an illegal drug last month. Prosecutors and lawyers disagree whether it was illegal before then.

"I think you will find any athlete that used THG did so without knowledge of what it was," Schwartz said. "But with or without that knowledge, it is not a controlled substance."

Also Thursday,reporters learned that Chambers' backup urine sample confirmed a positive test for THG. The sample was analyzed earlier this week at the anti-doping lab at UCLA, according to a track official with direct knowledge of the result who spoke on condition of anonymity.

Chambers, the European 100m champion, now faces the possibility of a two-year ban.

The IAAF wouldn't comment on Thursday. Chambers' lawyer, Graham Shear, said, "I've heard absolutely nothing."