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ROSE FILES SUIT AGAINST GIAMATTI; HEARING DELAYED

SHARE ROSE FILES SUIT AGAINST GIAMATTI; HEARING DELAYED

A judge today put off until Thursday a hearing on Pete Rose's request to prohibit baseball Commissioner A. Bartlett Giamatti from deciding whether the Reds manager should be banned from the sport.

Following a 30-minute hearing in his chambers this morning, Hamilton County Common Pleas Judge Norbert Nadel also said the commissioner's office agreed not to take action against Rose until at least Sunday.Rose's lawyers filed a lawsuit in state court on Monday to block Giamatti from deciding whether Rose bet on games involving his teams.

The 38-page lawsuit, accompanied by nearly 200 pages of exhibits, says Giamatti and his investigators have been "unfair and outrageous" in their probe of the gambling allegations against Rose.

The lawsuit also publicly confirms for the first time that Rose has been accused of betting on Reds' games, an offense that carries a lifetime ban under baseball's regulations. It said that Giamatti believes those allegations to be true.

Giamatti said he would fight Rose's request. He said the lawsuit was "wholly without merit," and added, "I trust the court will permit me to proceed with my hearing."

Rose contends that Giamatti has already made up his mind about the allegations, siding with bodybuilder Paul G. Janszen and bookmaker Ron Peters. Janszen claims he ran Rose's bets on Reds' games to Peters.

The lawsuit said Giamatti has shown "bias and prejudice," and should be prohibited from deciding Rose's fate. Instead, the lawsuit asks "that this court determine whether or not Pete Rose has bet on major league baseball, and in particular the Cincinnati Reds."

The lawsuit said Rose wants a trial by jury on the relevant issues. It also asks for punitive damages from Giamatti "in a sum sufficient to punish him for his unfair and outrageous conduct" in the case.

In response to the lawsuit, Giamatti defended baseball's investigation of Rose, which was publicly revealed March 20. Baseball officials have refused to discuss any details of the investigation.

"All my efforts to proceed fairly and to maintain confidentiality have been, regrettably, damaged by the selective use of Mr. (John M.) Dowd's report (and) by the bizarre characterization of some of those excerpts," he said, referring to evidence presented in the lawsuit. "I regret that baseball's business has been subjected to tactics of this sort."

A baseball lawyer, Lou Hoynes, was expected to be in Cincinnati today.

By filing the detailed lawsuit, Rose's lawyers revealed an outline of the accusations against him and the way they've been pursued by special investigator Dowd. The lawsuit said:

- That Dowd's 225-page report to Giamatti on the allegations is based "almost exclusively" on information from Janszen, Peters and Janszen's girlfriend, Danita Marcum.

- That Dowd obtained information from the U.S. Justice Department as part of his investigation. Rose also is the target of a federal grand jury probe in Cincinnati.

- That baseball asked Rose to step aside as the Reds' manager during the investigation.

- That Janszen passed a lie-detector test, as previously reported by the AP, after failing his first polygraph.

- That Dowd's final report includes information that Janszen took three pieces of paper from Rose's home that were alleged to be betting slips. Copies of the slips, described by Dowd as "Pete Rose's Betting Sheets," were included as an exhibit to the report.

The lawsuit questions the reliability of one of the betting slips.