Prosecutors yesterday requested a sample of Foley's blood from Sharp Memorial Hospital, where he was reported in fair condition earlier in the week.
In the affidavit, Nordell wrote that Foley's blood-alcohol level was 0.233 percent, nearly three times California's legal driving limit of 0.08 percent, when the 6-foot-4, 265-pound linebacker was shot Sept. 3 outside his home in suburban Poway.
Authorities have no evidence that Foley, 31, was using performance-enhancing drugs but want to test his blood because the linebacker has had previous run-ins with law enforcement, according to the affidavit.
Since 1999, Foley has been arrested at least five times, including cases that police say involved alcohol and confrontations with officers.
His attorney, John G. Phillips, refused to comment on the affidavit. The Chargers issued a statement saying they "hope that everyone will wait until all of the facts are revealed and not rush to judgment."
More testing possible. Gene Upshaw, the head of the NFL Players Association, told the New York Daily News that he will inform Roger Goodell, the new NFL commissioner, that he is willing to increase the number of players randomly tested for steroids each week during the regular season as a means to strengthen the program.
Upshaw said he would meet with Goodell next Thursday.
Chiefs. For the first time in 82 games, Trent Green will not be the quarterback for Kansas City when the Chiefs take the field in Denver on Sunday.
Green is recuperating from a severe concussion suffered Sunday against Cincinnati.
Redskins. Clinton Portis did not practice but said he will play Sunday night against Dallas. The Washington running back is recovering from a partially dislocated left shoulder.
Cowboys. In the largest payout for residential property acquired for the new Dallas stadium, the Arlington, Texas, City Council has agreed to give 72-year-old Evelyn Wray $2.75 million for her house and four acres.
The original offer was $351,000, and a court-appointed panel set the value at $1.2 million. Wray continued her fight in the county courts and won.
Panthers. All-pro receiver Steve Smith sat out another practice for Carolina with a strained right hamstring.
Bills. Linebacker Takeo Spikes missed his second day of practice with a pulled right hamstring.
Jaguars. Cornerback Brian Williams has pleaded no contest to drunken-driving charges, opening himself up to possible sanctions from the NFL.
Jay Plotkin, chief assistant state attorney, said Williams entered a plea in Jacksonville, Fla. He was put on probation for six months and ordered to perform 50 hours of community service.
The Jaguars could be without three defensive starters Monday night against defending Super Bowl champion Pittsburgh. Linebacker Mike Peterson, tackle Marcus Stroud and end Paul Spicer missed practice and were listed as questionable.
Saints. New Orleans claimed former Green Bay Packer Vonta Leach off waivers and waived defensive end Michael Haynes, a former South Jersey star and first-round draft pick who went to Penn State.