For nearly eight years, the court of public opinion has
deliberated over whether former Giants superstar Barry Bonds lied
about knowingly using steroids as he shattered baseball’s all-time
home run records. Now, it will be a jury’s turn to hand down a
verdict. And while Bonds’ legacy as one of baseball’s greatest
players and his chances for the Hall of Fame have been at stake in
the public debate, a jury’s decision could cost him far more.
Striking out in court could mean a felony conviction and perhaps
time in a prison cell.
For nearly eight years, the court of public opinion has deliberated over whether former Giants superstar Barry Bonds lied about knowingly using steroids as he shattered baseball’s all-time home run records.
Now, it will be a jury’s turn to hand down a verdict. And while Bonds’ legacy as one of baseball’s greatest players and his chances for the Hall of Fame have been at stake in the public debate, a jury’s decision could cost him far more. Striking out in court could mean a felony conviction and perhaps time in a prison cell.
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On Monday, Bonds will appear for the biggest game of his life, the beginning of his trial on three counts of lying to a grand jury in December 2003 about using steroids as he chased the home run records, as well as one count of obstructing justice through the same testimony. Defense lawyers and prosecutors will begin by choosing the jury, and most likely present opening statements and the first witnesses by Tuesday.
The Bonds trial may offer an unprecedented glimpse into how steroids infected baseball, just as teams are in the throes of spring training and preparing for opening day. And it will serve as the long-anticipated final act in the BALCO saga, which began in 2002 with federal agents searching through garbage at a now-defunct California Peninsula laboratory and wound up casting its accusatory shadow on some of the biggest names in sports.
The silent witness
From the start, Bonds has always been the biggest name linked to steroids and BALCO, formally the Bay Area Laboratory Co-operative.
There have been concerns the federal government has spent too much time and money pursuing Bonds, but the Justice Department has made it clear the prosecution is designed to prove that no one, including the rich and famous, can get away with lying under oath. And that has set up the legal showdown.
“This case is going to trial because it’s about two competing visions,” said Rory Little, a Hastings College of the Law professor and former federal prosecutor. “It’s about the sanctity of the grand jury and the protection of our process. And on the other side, it’s about how far the government is willing to go to prosecute a crime that a lot of Americans don’t consider very serious.”
The trial will balance the legal intricacies of perjury with the raw realities of how a superstar transformed from his early days as a slender Pittsburgh Pirates outfielder and MVP to his bulked up final seasons as the Giants’ home run-hitting centerpiece. But it will unfold without the accounts of the two men who know for sure what Bonds put in his body and whether he knew he was using performance-enhancing drugs as he pursued some his sport’s most hallowed records.
Bonds, now 46, and his former personal trainer Greg Anderson are unlikely to say a word in the courtroom. Anderson, in fact, might spend the duration of the trial in a jail cell for refusing to testify.
The trial, then, will amount to bits and pieces of evidence linked to Bonds, his relationship with Anderson and the use of steroids. Given that legal experts say perjury cases are among the most difficult to prosecute in federal court, it is anybody’s guess whether this is a game the government can win.
The evidence?
Among other things, prosecutors will be unable to use arguably their most powerful evidence: Anderson’s testimony or two positive steroids tests they say came from Bonds between 2000 and 2001 that have been excluded by U.S. District Judge Susan Illston, who is presiding over the trial.
But the government does have some powerful evidence left, including the testimony of other baseball players, the account of Bonds’ former mistress and an alleged positive steroids test administered by Major League Baseball in 2003.
“While the government’s case was significantly weakened with the Anderson-related evidence thrown out, the defense will still be challenged with fighting off a variety of circumstantial evidence,” said William Keane, who represented track coach Trevor Graham, convicted of lying to a federal agent in the BALCO probe. “There is no question the case is weakened. But that doesn’t mean it’s a weak case.”
Federal prosecutors declined to comment.
Allen Ruby, Bonds’ lead attorney, has repeatedly said the same thing: “Barry Bonds is innocent.”
But in court papers, the government has set out a strikingly simple case. Bonds is alleged to have lied to the grand jury investigating BALCO, a probe that eventually led to the indictment of a number of figures accused of peddling steroids to top athletes, including BALCO mastermind Victor Conte and Anderson. Conte and Anderson cut plea deals in which they wound up serving a few months in prison.
‘Not that I know of’
The indictment focuses on a number of exchanges in the grand jury between prosecutors and Bonds in which the then-superstar denied using steroids or getting them from Anderson.
“Did he (Anderson) ever give you anything that you knew to be a steroid? Did he ever give you a steroid?” assistant U.S. attorney Jeff Nedrow asked Bonds in one of the exchanges.
“I don’t think Greg would do anything like that to me and jeopardize our friendship. I just don’t think he would do that,” Bonds replied.
“Well, when you say you don’t think he would do that, to your knowledge, I mean, did you ever take any steroids that he gave you?” Nedrow asked.
“Not that I know of,” Bonds replied.
For the government, legal experts say, the challenge will be proving Bonds knew he was using steroids, and that he deliberately misled the grand jury under oath. Bonds, in his grand jury testimony, admitted he used newfangled steroids from BALCO known as “the cream” and “the clear.” But Bonds denied knowing those substances were steroids, creating another hurdle for prosecutors.
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WHAT jury won’t see
Michael Wong, a former federal prosecutor who for a time supervised the BALCO and Bonds investigations, said perjury cases generally are fraught with difficulty.
“It goes way beyond the truth or falsity of the statement under oath,” Wong said, without discussing the Bonds trial specifically. “Getting a question wrong is not enough. You have to prove their state of mind, and that’s a tough thing to do.”
Prosecutors hoped to use the 2000 and 2001 drug tests they say showed Bonds also tested positive for injectable forms of steroids, despite telling the grand jury no one had ever injected him besides his personal doctor. And they had also hoped to show the jury BALCO logs, such as one labeled “BB,” that were linked to his steroid tests.
But Illston excluded that evidence because, without Anderson, there was no direct evidence linking the urine samples to Bonds, making the tests hearsay.
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TEAMMATES’ testimony
As a result, the government’s case consists of some of these major ingredients:
—The testimony of other Major League Baseball players who will say they received steroids from Anderson, including Jason Giambi, his brother, Jeremy, and former San Francisco Giants Bobby Estalella, Armando Rios and Benito Santiago. Estalella is expected to testify that Bonds told him he was using performance-enhancing drugs.
—A 2003 tape recording between former Bonds associate Steve Hoskins and Anderson in the Giants’ locker room in which the inference can be drawn that they are discussing Bonds and steroids. Hoskins is also expected to testify, as is his sister, Kathy, Bonds’ former personal shopper, who will say she saw Anderson inject him.
—A positive test for “the clear” in 2003 in a drug-testing program administered by baseball.
—The testimony of Kimberly Bell, who will say Bonds told her he was using steroids before the 2000 season and who will describe the physical changes he underwent, as well as alleged instances of threatened violence linked to “roid rage.”
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STAUNCH defenders
Bonds’ lawyers insist the government cannot prove Bonds committed perjury. And Bonds has his defenders, including Conte, who is not on a witness list.
“I have said publicly since I was indicted in 2004 that I have no personal knowledge of Barry Bonds using anabolic steroids,” Conte said. “In fact, I have repeatedly said that I have never even had a discussion about anabolic steroids with Barry.”
Meanwhile, legal experts say that even if Bonds is tempted to testify, his lawyers are likely to discourage him from taking the stand.
In the end, if Bonds is convicted, it may tarnish his achievements, but he is unlikely to face much prison time. A number of other athletes have been convicted of lying under oath during the BALCO investigation but have received short sentences. In fact, when world-class cyclist Tammy Thomas was sentenced to six months of house arrest for lying to the BALCO grand jury, Illston made a point of saying she did not want to sentence the athletes to more than what the original BALCO conspirators such as Conte received.
“He could lose the trial and still not go to prison,” said a lawyer knowledgeable about the case. “But I don’t know if he can lose the trial and go to the Hall of Fame.”
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THE TIMELINE
2001
Oct. 5: Bonds hits two home runs, his 71st and 72nd, breaking Mark McGwire’s single-season record of 70.
2003
Sept. 3: Federal and local agents raid the Bay Area Laboratory Co-operative, a sport nutrition outfit in Burlingame, after being tipped that its founder, Victor Conte, has been peddling undetectable designer steroids to professional athletes.
Sept. 5: Drug agents and IRS investigators search the Burlingame home of Bonds’ personal trainer, Greg Anderson.
Oct. 23: A federal grand jury investigation into BALCO begins, compelling the testimony of dozens of elite athletes, including Bonds, who are linked for the first time publicly to allegations they secured steroids from the Peninsula lab.
Dec. 4: Bonds testifies before the grand jury in San Francisco, denying he ever knowingly used steroids, though he admits using substances called “the cream” and “the clear” that he did not believe were performance-enhancing drugs.
2004
Feb. 12: A federal grand jury indicts Conte, Anderson and two other men, charging them with running a steroid-distribution ring.
April 13: Bonds surpasses Willie Mays’ career total of 660 home runs, moving him to third on all-time list.
2005
Mar. 17: Kimberly Bell, Bonds’ former mistress, testifies about Bonds before a federal grand jury in San Francisco, saying he began taking steroids in 2000.
July 15: Conte and Anderson both plead guilty to felony charges of steroid distribution and money laundering.
2006
April: A Bay Area physician, a Giants trainer and Anderson are among those subpoenaed to testify before a federal grand jury investigating whether Bonds committed perjury by lying under oath in 2003.
May 28: Bonds surpasses Babe Ruth’s total of 714 career home runs.
July 5: Anderson is found in contempt of court and imprisoned for refusing to testify before the grand jury investigating Bonds for perjury.
2007
Aug. 7: Bonds hits his 756th home run, breaking Hank Aaron’s record and becoming the all-time leader.
Sept. 21: The Giants announce that Bonds will not be on the team in 2008. He never plays again after the season ends.
Nov. 15: A federal grand jury indicts Bonds on charges of perjury and obstruction of justice, and a judge orders Anderson released from prison.
2009
Feb. 27: U.S. District Judge Susan Illston bars the government from using key evidence against Bonds, including two alleged positive steroids tests, postponing a trial that was about to begin weeks later.
2010
June 11: Federal appeals court upholds Illston’s order barring the drug tests and other evidence.
Aug. 6: Judge sets trial date of March 21, 2011, for Bonds perjury trial.
2011
March 17: Prospective jurors show up to fill out questionnaires for trial.
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FIVE THINGS TO WATCH FOR IN THE TRIAL
Will he or won’t he? The question is whether Bonds — who has kept mum since being indicted — will feel the need to testify, and whether his high-powered legal team will think it’s a good idea. Most experts predict he’ll remain seated at the defense table and stay out of the witness box.
Bonds v. Novitzky: Since the BALCO investigation, the Bonds camp has depicted federal agent Jeff Novitzky’s work unearthing steroids in sports as a quest to topple baseball’s all-time home run king. Novitzky may be tested when he’s cross-examined by Bonds’ lawyers.
The jilted mistress: Every celebrity trial needs a moment when heads turn as a witness strides into the courtroom the first time. That moment will most likely come when Kimberly Bell, Bonds’ former mistress, takes the stand, presumably to testify about his physical changes.
The fraternity: The baseball players who will testify about obtaining steroids from Bonds’ personal trainer, Greg Anderson, include Jason Giambi and Bobby Estalella, the only former Giants teammate expected to say Bonds told him he used performance-enhancing drugs.
The unexpected: Bonds’ lawyers have not disclosed who they may call as witnesses to rebut the government’s case. Would they risk calling BALCO mastermind Victor Conte? And, of course, there is the possibility that Anderson might give his account of his dealings with Bonds.
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THE KEY PLAYERS
THE JUDGE
Susan Illston: The 62-year-old has been a star trial lawyer and well-respected judge in a long legal career, but she may wind up being known best as the “BALCO judge.” She has handled every tendril of the case since its inception, and now she’ll finish with the Bonds trial. Illston brings a soccer mom demeanor to the courtroom, but there is never any doubt she’s in charge. She has put her stamp on shaping the Bonds case and has kept a roomful of blustery lawyers in check along the way.
THE PROSECUTION
Assistant U.S. attorneys Matthew Parrella and Jeff Nedrow have been inseparable in the BALCO case for the past eight years. Both veteran members of the San Jose branch of the U.S. attorney’s office, they have been tenacious in their pursuit of a conviction in the Bonds case. Parrella, with his Bronx accent and crew cut, looks the tough guy, while Nedrow comes off as the amiable counterpart. But both want to see Bonds go down.
THE FEDERAL AGENT
Jeff Novitzky went Dumpster diving to unearth the largest doping scandal in sports history. Bonds would be his biggest catch, but the former IRS agent has etched his name in the law enforcement books by having a hand in exposing the widespread use of steroids in sports. And plenty of superstars, from Olympian Marion Jones to pitcher Roger Clemens, have wound up in Novitzky’s cross hairs when he suspected they lied under oath about using performance enhancers.
THE DEFENSE TEAM
Allen Ruby, the powerhouse Silicon Valley lawyer, is leading Bonds’ defense team. He has a scroll of high-profile cases under his belt, from representing former San Jose Mayor Ron Gonzales to defending the NFL in lawsuits against Oakland Raiders owner Al Davis. His client list has included many valley tech titans, including Hewlett-Packard in its case against former CEO Mark Hurd. Ruby can be expected to provide more than his share of courtroom theatrics as he serves as the home run king’s voice.
Cristina Arguedas, another prominent Bay Area defense lawyer with a long ledger of high-profile clients, will serve as Ruby’s right-hand woman during the trial. Diminutive in stature, Arguedas is no shrinking violet in the courtroom. She can be expected to do much of the feisty cross-examination of the government’s key witnesses.
Dennis Riordan, one of the leading specialists in criminal appeals in California, may be the quietest player on Bonds’ legal bench. But with his shock of white hair and white beard, Riordan is the maestro of legal technicalities during a trial, and he has already hobbled the government’s case by getting a trove of crucial evidence tossed out.
THE WITNESSES
Jason Giambi: Now with the Colorado Rockies, the veteran first baseman has admitted many times during the BALCO scandal, and since, that he used performance-enhancing drugs. But this will be the first time he does so in an open courtroom, under oath.
Bobby Estalella: The former San Francisco Giants catcher will testify that Bonds told him he used steroids during their playing days, making him the only major leaguer who is expected to offer such an account during the trial.
Greg Anderson: Bonds’ former personal trainer is a key player in the trial simply because he will not be there. Anderson’s refusal to testify against Bonds has made the theme of the government’s indictment much tougher to prove.
Kimberly Bell: Bonds’ former mistress will take the stand to allege that Bonds told her about his steroid use. Her credibility will be tested by defense lawyers, who have already dismissed her account as the sour grapes of a jilted ex-lover.
Steve Hoskins: A former business associate who had a falling out with Bonds over memorabilia, Hoskins tape-recorded a conversation with Anderson in the Giants locker room in 2003 that suggests the trainer is discussing how he administered steroids to Bonds.
Kathy Hoskins: Steve Hoskins’ sister and a former personal assistant to Bonds, she is expected by prosecutors to tell the jury that she saw Bonds being injected by Anderson.
— Story by Howard Mintz, San Jose Mercury News
