The attorney representing the ex-mistress of Wade Boggs will refile a fraud charge against the Boston star to keep a $12 million palimony suit against him in the courts, The Boston Herald reported Tuesday.

"The lawsuit is not down the tubes," said James McGee, the lawyer for Margo Adams, the former real estate executive whose lawsuit against Boggs was all but dismissed by a California court last week."It's time to go back and bring in the fraud count and several other courses of action," said McGee.

Jennifer King, Boggs's lawyer, said McGee's action is a "desperate" attempt to inject new life into a dying case.

The Adams-Boggs saga has been a burning issue during the Red Sox first week of spring training.

Some say the team is taking the article in stride, while others say the story's impact has yet to be felt and could derail the 1989 Red Sox pennant hopes even before the season begins.

The only sections remaining of the lawsuit is Adams's claim Boggs broke his promise to reimburse her for money she lost during their affair, which could at most allow her to collect $48,000, King said.