Drug Testing Is Ordered for Hoyt : Padre Pitcher’s Case Could Reach Grand Jury Wednesday

SAN DIEGO — Padre pitcher LaMarr Hoyt was ordered by a federal judge to begin drug testing Monday, and it is likely that his pending drug-smuggling case will be brought before a Federal Grand Jury Wednesday.

At a preliminary hearing at the Federal District Court Building, U.S. Magistrate Roger Curtis McKee granted attorneys a three-day continuance so that they could try to reach a settlement.

McKee ordered the testing after being told by Pat Swan, U.S. attorney, that Hoyt had not been tested for drug use in the 12 days since his initial court appearance.

McKee had ordered Hoyt to take drug tests in setting bail after the Oct. 28 arrest on suspicion of importing about 500 illegal pills (mostly Valium) into the United States at the San Ysidro border.

“I want to know if he has a drug-abuse problem,” Swan said later. “It concerns me when he (Hoyt) gets arrested twice with drugs last February and now again. It concerns me whether he has a chemical dependency problem.”

Howard Frank, Hoyt’s attorney, did not object. “I believe he is clean, and, therefore, there’s no risk in him being tested,” Frank said.

McKee ordered the testing to be done once a week, until Hoyt is either acquitted or sentenced.

If Hoyt tests positive, he would be in violation of his $25,000 bond agreement and could be jailed.

Sources said that the chances of a settlement were not that close.

Swan told McKee that if no settlement is reached by today, Hoyt’s case will be brought before a grand jury Wednesday. Hoyt could face an indictment Thursday, and he could be sentenced to 15 years in prison and fined $250,000.

In February, Hoyt, who was detained at the border when he tried to smuggle pills across, had to pay an administrative fee. Also in February, he was arrested by San Diego police and charged with possession of marijuana and carrying a switchblade knife. He was placed on six months probation.

Hoyt, on advice of his attorneys, did not comment Monday.

Padre officials also refused to comment. President Ballard Smith has said he is waiting until the case is finished before he discusses Hoyt’s future.

Hoyt’s baseball career, however, really is in the hands of Commissioner Peter Ueberroth, who has the right to suspend Hoyt from the game. Ueberroth’s office already has requested copies of the complaints against Hoyt, but spokesmen there say that no statement is forthcoming until the case is decided.