A couple of weeks ago we raised the question as to whether the U. S Attorney’s case against Barry Bonds for lying to the Grand Jury was based on inadmissible hearsay. It is alleged that Bonds lied to the grand jury when he testified that he had not knowingly taken steroids and he had not received any injections from his trainer, Greg Anderson. But now, according to The San Francisco Chronicle,, former San Francisco Giants catcher, Bobby Estalella has told FBI agents that Barry Bonds told him he used steroids. Estalella is now on the government’s updated witness list. At first glance Estalella’s testimony might appear to be hearsay. After all Bond’s conversation with Estalella was an out of court statement being used for the truth of the matter asserted. But under the Federal Rules of Evidence a party’s statement is not hearsay. And Barry Bond is certainly a party to his criminal case. It is also arguable that Bond’s conversation with Estalella was a statement against interest in which case it is an exception to the hearsay rule. But, assuming Bonds used steroids, it was not illegal at the time. It may also have been against his financial interest in that he could have lost his job. Considering all of the money Bonds has made from baseball I doubt this one would fly.

Another new witness for the government is Bond’s long time friend and personal assistant, Kathy Hoskins. Hoskins presumably will testify that she saw Bonds receive an injection from Anderson. While there is no evidence that the injection was steroids, Bonds testified before the Grand Jury that that he did not receive an injection from Anderson.

As to what effect this will have on baseball, we will leave to the sports writers.