Barry Bonds Perjury Trial Update
With the Barry Bonds perjury trial set to begin in March, Bonds’ attorneys and the government are sparring over what evidence the jury will be permitted to hear.
Last June, a United States Appeals Court ruled that the government could not use various evidentiary items - including urine test results - because trainer Greg Anderson, who brought the samples to BALCO for testing, refuses to testify against Bonds. Therefore, the results could not be properly authenticated. Without Anderson (and Bonds, since he does not have to testify against himself), it is impossible to prove that the urine samples actually came from Bonds. Since that ruling, the prosecution has rebuilt its case based upon different evidence.
To be “clear,” Bonds is not being prosecuted for using steroids. Rather, in 2003 when BALCO was being investigated, Bonds gave testimony to a grand jury, and denied knowingly taking steroids. In 2004, Anderson pled guilty for illegal steroid distribution, and admitted to providing athletes with performance enhancing drugs. Bonds is now being prosecuted for perjury in connection with his grand jury testimony.
The government intends to call other professional athletes to testify regarding their respective relationships with Anderson, including Jason Giambi. Many of these athletes will testify that Anderson supplied them with drugs, and actually told them that the substances were illegal steroids. The government’s witness list also includes Kimberly Bell, Bonds’ former girlfriend, who is expected to testify that Bonds admitted taking steroids prior to the 2000 season, and will also testify regarding her observations as to “changes” in Bonds’ body. Bobby Estalella, a former SF Giant, is also expected to testify that Bonds admitted using performance enhancing drugs.
Bonds admitted in his grand jury testimony that he took items given to him by Anderson, including vitamins, protein shakes, and a cream. However, Bonds claimed he had no knowledge that these items contained steroids. The government must prove beyond a reasonable doubt that Bonds knew his statements were false, and that he knew his testimony was capable of influencing the decision of the grand jury whether or not to indict Anderson. It will be interesting to monitor the government’s case, and what evidence it is permitted to introduce. Anderson will also be given another chance to testify against Bonds before trial begins.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.