The upcoming federal perjury trial of home run king Barry Bondswill include a parade of current and former major league baseballplayers who will be forced to testify about their own connections tothe BALCO steroids scandal and use of performance-enhancing drugs.
But when the trial unfolds in March, federal prosecutors willstill be without some of their best evidence, including a trove ofdocuments purporting to connect the former San Francisco Giantsslugger to steroid use and alleged positive steroids tests from 2000and 2001.
U.S. District Judge Susan Illston set those guidelines during ahearing Friday in federal court in San Francisco, where Bonds sat atthe defense table surrounded by his team of lawyers. Bonds'attorneys had asked Illston to bar a large portion of thegovernment's evidence in the trial, which is scheduled to get underway March 21.
The judge gave both sides a bit of what they sought in the caseagainst Bonds, who faces 10 counts of perjury and one count ofobstructing justice on allegations he lied to a federal grand juryin December 2003 about using performance-enhancing drugs as hechased baseball's all-time home run records. The 46-year-old Bonds,looking slender in a dark suit, has pleaded not guilty to thecharges.
Illston rejected Bonds' bid to exclude the testimony of currentand former baseball players connected with BALCO, the now-defunctPeninsula laboratory at the center of the largest sports dopingscandal in history, and Bonds' former personal trainer GregAnderson, who has refused to testify in the case. Those playersinclude former Oakland A's Jason and Jeremy Giambi, as well as anumber of former Giants teammates such as Marvin Benard and BobbyEstalella.
Dennis Riordan, one of Bonds' lawyers, told the judge that thegovernment was trying to put those athletes on the stand toestablish a "guilt-by-association" link to Bonds. But Illston, whileconceding there may be limits once the ballplayers take the stand,disagreed, saying the evidence could be relevant to establishingBonds' relationship with Anderson and BALCO. In court papers,federal prosecutors say the ballplayers will testify that theysecured steroids from Anderson and BALCO and be asked to corroboratedocuments seized by federal investigators.
Federal prosecutors indicated Friday that they plan to seekAnderson's testimony again, and he is expected to be summoned tocourt March 1. But Anderson, through his lawyers, has been adamantthat he will not testify against Bonds and may be at risk of beingfound in contempt again. He already served a year in prison forrefusing to testify before the grand jury that eventually indictedBonds.
Mark Geragos, Anderson's lawyer, said his client's "position hasnot changed."
Meanwhile, prosecutors failed in their bid to restore somedocuments in the case that would connect Bonds to allegedly positivesteroids tests and references to performance-enhancing drugssupplied by BALCO. Illston previously excluded that evidence twoyears ago because it could not be linked conclusively to Bondswithout Anderson's testimony and amounted to hearsay.
She again refused to allow those documents to be shown to thejury and also told the lawyers she won't allow the jury to see anyreferences to them in Bonds' grand jury testimony or in the languageof the perjury indictment.
The pretrial skirmishing is shaping a trial that is expected tolast about three weeks. Riordan said outside court that Illston isruling against the government "on every major item."
But prosecutors appear ready to press ahead with the evidencethey have. In addition to the baseball players, prosecutors plan toput Bonds' former mistress, Kimberly Bell, on the stand, as well asSteve Hoskins, a former Bonds friend and business associate whoalleges he recorded a conversation with Anderson that he maintainsimplicates Bonds in being injected with steroids.
Defense lawyers are trying to bar the use of that tape, andIllston will address the issue in February. Prosecutors also plan tointroduce a 2003 drug test administered by Major League Baseballthat allegedly showed Bonds tested positive for steroids.
In another development Friday, lawyers indicated they will imposea harsh restriction on potential jurors when they arrive for juryselection March 18. The jury questionnaires will include a demandthat they not use Twitter, Facebook or any other media tocommunicate about the case, or use the Internet to research anythingabout Bonds or the case. Illston appeared to support the request.
Contact Howard Mintz at 408-286-0236.
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