THE CASE AGAINST BARRY BONDS

The government released today a series of documents which it wants to introduce at Barry Bond’s trial. Bonds, the former San Francisco Giant and holder for the most home runs is charged with obstruction of justice and lying to a grand jury. When he was called before the BALCO grand jury he said that he did not knowingly use steroids. The evidence provided by the government today seems to indicate that Bonds took steroids but there is no direct evidence that he knew he was taking steroids or that he intentionally lied when he testified before the grand jury.

The evidence released by the government includes:

1)positive tests on a urine sample collection by Major League Baseball on a sample given by Bonds in 2003
2)Three private tests done at the direction of BALCO in 2000 and 2001
3)A secret 2003 tape recording of Greg Anderson, Bonds’ friend and trainer in which he describes Bonds’ use of steroids
4)Testimony by former baseball players Jason Giambi, Jeremy Giambi, Benito Santiago,Bobby Estalella and Marvin Barnard that they used banned drugs provided by BALCO and that they kept track of the drugs they used on a calendar similar to one that was seized showing Bonds steroid use.

But just because the government has the evidence it does not mean that all of it is admissible at trial. Some of it is hearsay. Some of the evidence requires that prior to its admission the government must lay a foundation to show its credibility. This is done by the introduction of evidence by a witness with first hand information about the evidence. In some cases, to lay the foundation, the government needs the testimony of Greg Anderson. Anderson is Bonds long time friend and trainer. He is under subpoena for the trial but in the past he has chosen to go to jail instead of testifying against Bonds. He spent over a year in jail rather than testify against Bonds and he may be sent back to jail if he refuses to testify.
In any case the decision on whether the government’s evidence is admissible will be made by U. S. District Judge Susan Illston who will preside over the trial.