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ELIJAH DUKES

Dukes Ordered To Take Drug Test, Pay Alimony

By THOMAS W. KRAUSE The Tampa Tribune

Published: Jul 17, 2007

TAMPA - NiShea Dukes, testifying in divorce proceedings, accused her baseball-player husband of smoking marijuana daily and using steroids.

Although steroids use remained in question at the end of the 2 1/2 -hour hearing Monday morning, Devil Rays outfielder Elijah Dukes did admit under oath that he smokes marijuana.

Judge Kevin Carey ordered Dukes to take random drug tests for marijuana.

"I don't want those kids around a parent who is smoking marijuana," Carey said. "Am I clear on that?"

"OK, your honor," Dukes said.

NiShea Dukes testified that her husband has been aggressive and violent toward her, threatening the lives of her and their children. Currently, she has a restraining order against him. The judge said he will not allow Dukes to see his children, even on supervised visits, until he sees a report from a recent psychological evaluation.

NiShea Dukes also said her husband drinks to the point of passing out and she guessed that his aggressive behavior is caused by steroid use. Asked directly by the judge if she has seen her husband take steroids or if he has ever admitted to using steroids, she said no.

Carey said he had not seen enough evidence to order steroid testing. Instead, he ordered Elijah Dukes to see a drug counselor and be evaluated for possible alcohol abuse. The counselor will help determine whether steroid testing might be necessary in the future.

Elijah Dukes has been tested for steroids by Major League Baseball and has not come up positive. The league tests players for steroids once per year in the spring. Players can be randomly tested during the season. Some performance-enhancing drugs cannot be detected by baseball's urine tests.

Scott Pucino, one of Dukes' agents, did not return phone calls.

Said Rick Vaughn, the Devil Rays' vice president of public relations: "We weren't present at today's hearing and don't feel it is appropriate to comment until we have more information."

By the end of Monday's hearing, the Dukeses had thrown allegations at each other, their lawyers had sniped back and forth and the normally cool-headed judge had fought back repeated bouts of obvious frustration.

The upshot of the hearing: Carey ordered Elijah Dukes to pay his wife temporary alimony of $3,300 per month, $2,800 per month in child support as well as pick up the tab for several other expenses as the divorce proceeds.

The judge also ordered Dukes to pay his wife $10,000 so she can hire a forensic certified public accountant who will determine exactly how much he has in assets and salary. Dukes scoffed at the idea of paying $10,000 to help his wife's case.

Carey told Dukes that he makes significantly more money than she does and the more he wants to fight her in court, the more money it's going to cost him.

Dukes testified that he makes $380,000 per year. If he remains at that salary on Aug. 1, he will get a $150,000 bonus.

After recent troubles including a marijuana arrest and paternity suits, Dukes was recently optioned from the Devil Rays to their Triple-A minor-league affiliate in Durham, N.C., and placed on the temporary inactive list. If the team decides to pay him as a minor-leaguer, he testified, his salary could drop to $30,000.

In court, NiShea Dukes' lawyer, Catherine Real, asked Elijah Dukes if he had paid any child support since the couple separated in April.

Dukes appeared defensive and defiant to the questions.

Dukes said his wife diverted $15,000 from a joint checking account to her own account and later repaid him $11,000. The $4,000 amount went to $1,000 per child per month for two months, he said.

After the two children were born, Elijah Dukes was ordered to pay child support. The couple later reconciled and married. For the first eight months of their yearlong marriage, Dukes testified, he continued to pay the child support.

"I did it for the first eight months," Dukes huffed at the attorney. "What do you think about that?"

NiShea Dukes also testified about her own assets. She said she makes about $30,000 per year as a teacher. She pays more than $800 per month for a lease on a GMC Yukon sport utility vehicle, pays about $600 per month for children's clothing and $100 per month to have her children's hair washed and trimmed.

After the hearing, Elijah Dukes said he wasn't fighting his wife because of money.

"I was born without money," he said. "That's fine with me. All I want to be is a father to my kids."

TEMPORARY ORDER IN THE ELIJAH DUKES DIVORCE

DUKES MUST:

•Pay NiShea Dukes $3,300 a month in alimony.

•Pay $2,800 child support for his two children with her: VaShawn, 3; and Kaley, 2.

•Submit to random drug tests for marijuana use.

•Submit to a drug evaluation to determine if he has a problem with alcohol and if he needs to be tested for steroid use. NiShea Dukes alleged he is taking steroids, but did not offer proof.

•Pay for counseling for VaShawn, who NiShea Dukes claims is having emotional problems because of the split.

•Pay for health insurance for both children and provide NiShea Dukes insurance cards for them by Wednesday.

•Keep up his life insurance, approximately $1.5 million; the beneficiaries are his two children with NiShea Dukes and his three children with other women.

•Pay $10,000 to NiShea Dukes for her to use on court experts, including a forensic CPA, to determine how much money Elijah Dukes has.

•In addition, NiShea and Elijah Dukes must meet with a parenting coordinator, jointly at least four times and individually at least once each.

Tribune reporter Carter Gaddis contributed to this report. Reporter Thomas W. Krause can be reached at (813)259-7698 or tkrause@tampatrib.com.