New Evidence Leads Judge to Block Shotputter’s Award

After a copy of an alleged diary contradicting a key witness mysteriously surfaced, University of Georgia shotputter Brent Noon’s $983,000 jury award in a suit against USA Track & Field was overturned Tuesday. A new trial was ordered in San Diego Superior Court.

In an unusual decision, Judge Richard Haden ruled the diary, allegedly kept by Georgia assistant track coach Rolf Ubel, might have affected the outcome of Noon’s civil suit against the national governing body for track and field.

Noon, of San Diego, sued USATF , claiming it illegally banned him from competition for a month in 1992 when he failed to appear for a random drug test. He alleged track officials did not properly notify him of the test, then tried to cover up the error by forging documents. The suit also said some officials spread rumors that the three-time NCAA champion used anabolic steroids.

The latest court action came after Bob Hersh, USATF general counsel, received a copy of the diary by mail from an anonymous source. The document contradicted parts of Ubel’s trial testimony regarding when Noon was notified of the random test. Ubel denied knowledge of the document in a written statement to the court.

Haden said the new evidence was significant enough to perhaps result in a different verdict. A hearing is scheduled Friday.

Peter Dean, one of Noon’s attorneys, said he is preparing an appeal, contending the alleged diary might not have been admissible during the trial.

“It’s unbelievable,” said Barbara Noon, Brent’s mother. “To us, it’s more of the same. It seems so unfair. All I know is what the truth is, and that’s what is hurtful (about the decision).”