Judge Deals Blow to Bonds Defense Team
As the case proceeds toward trial, Bonds' lawyers filed a motion to exclude other athletes from testifying, including Jason Giambi, Jeremy Giambi, Bobby Estallela, and Benito Santiago. These players are expected to testify that Greg Anderson provided them with performance enhancing drugs, along with instructions, and monitored the players' use of the drugs. The Government intends to introduce this evidence to show that these players knew Anderson was providing them with steroids, which implies that Bonds also knew, as he was an Anderson client as well. Bonds, on the other hand, claims that the evidence will impermissibly create the inference that, since Anderson had a propensity to provide athletes with steroids, he must have done so with Bonds. That is not the issue here, as Bonds already admitted he consumed items given to him by Anderson. However, the real issue in this trial is whether Bonds lied when he testified he had no knowledge that the items contained steroids.
Judge Llston ruled in the Government's favor, finding the evidence relevant and not overly prejudicial to Bonds. Clearly still irked at Anderson's continued refusal to testify and willingness to remain in jail, the Judge specifically mentioned that Anderson's absence will preclude the jury from hearing direct evidence as to what substances Anderson provided to Bonds, what he told Bonds about the substances, and how they were distributed. To the extent the testimony could be considered prejudicial to Bonds, Judge Ilston will consider any "limiting instructions" proposed by Bonds, which are instructions given to the jurors, directing them to consider evidence for a specific purpose and for that purpose only.
This has to be considered a serious problem for Bonds' defense. The jurors will hear testimony from several players (including players that were on the same team as Bonds) describing the drugs Anderson provided along with details as to how to use the drugs. It will be difficult for Bonds' team to convince the jurors that Bonds was a different case, and that he had no idea what he was putting in his body.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.