293:
linked to Bay Area
Laboratory Co-operative (BALCO). Law professor Peter Keane called the prosecutors' move a blunder, although an account by another published attorney disagreed. In June 2010, however, the 9th Circuit U.S. Court of Appeals ruled that the evidence should be excluded. On August 7, 2010, it was reported that U.S. District Judge Susan Illston of San Francisco had rescheduled the trial for March 21, 2011. On Friday, December 17, 2010, it was reported that attorneys for Bonds, citing the appeals court ruling, filed papers asking the judge to forbid testimony of current and former baseball players linked to BALCO or the steroids scandal, and not to permit use of Anderson's drug ledgers and calendars, as well as other documents from BALCO which the prosecution was seeking to use at the trial in spite of the appeals court ruling. On January 10, 2011, lawyers for Bonds filed additional papers asking the judge not to permit use of Anderson as a witness by the prosecution (since, given his previous unwillingness to testify, it was presumed he would again decline), nor to allow prosecutors to tell the jury about any refusal of Anderson to testify, nor permit use of a reported tape of Anderson talking to Steve Hoskins, previously a business manager of Bonds. The judge had already excluded evidence which could not be connected to Bonds because of Anderson's refusal to testify about his alleged knowledge of Bonds' alleged connection to the evidence. The same applies to several other pieces of evidence, which Bonds' attorneys asked to be excluded in the January 10, 2011 filing. A hearing was set to be held on the exclusion of the testimony and the additional evidence on January 21, 2011. A report in the New York Times had earlier suggested it was likely that Bonds would not get prison time even if convicted, after pro cyclist Tammy Thomas received house arrest and probation for similar crimes in the BALCO scandal, in a case decided by the very same judge presiding over the Bonds case.
177:
held in contempt of court at the August 28 hearing and sent to federal prison for a second time. Judge Alsup said
Anderson had provided no legal justification for refusing to tell the grand jury on August 17 whether he had supplied steroids to Bonds or other athletes, or even whether he knew Bonds. Geragos said he would file an appeal with the Ninth U.S. Circuit Court of Appeals. Anderson was released from prison on October 5, after serving 37 days. Judge Alsup ordered his release because the federal appeals court hadn't affirmed the contempt order within the required 30 days after Anderson was jailed. The 9th U.S. Circuit Court of Appeal had sent the contempt order back to Judge Alsup, thus delaying any ruling.
181:
Alsup dismissed
Anderson's tape claim and others, the 9th Circuit Court sent Anderson's appeal back to the judge, saying Alsup's ruling regarding the tape was not clear enough. In clarifying his order, Alsup said he agreed with prosecutors that there was ample evidence beyond the tape to question Anderson. Prosecutors also said the questions they wanted answered were based on athletes' secret testimony in the Bay Area Laboratory Co-Operative case and a search of Anderson's house that turned up drug records, some with Bonds' name on it. Other than the tape dispute, the 9th Circuit Court had rejected the merits of Anderson's appeal.
342:, writing for the three judge panel, found that Bonds's responses regarding his answers regarding receiving injections were evasive and obstructed justice. "When factually true statements are misleading or evasive, they can prevent the grand jury from obtaining truthful and responsive answers. They may therefore obstruct and impede the administration of justice." According to Bonds's lawyers, he answered all questions truthfully and to the satisfaction of the prosecutor, and it is the first known obstruction guilty verdict based on truthful testimony under oath.
165:, said he would file an appeal based on his assertion that the subpoena to testify violated Anderson's plea bargain agreement in the BALCO case. Later that month, the grand jury investigating the incident retired without issuing an indictment. Anderson was immediately released and promptly subpoenaed to testify before a new grand jury that would take up the case. Geragos stated that his client would continue to refuse to testify.
260:
268:
performance enhancing substances for Bonds and other athletes," the indictment reads. The charges focus on Bonds' responses to the grand jury in his 2003 testimony, specifically his denials when asked if he had used steroids, and whether
Anderson had administered steroids to him. The Giants, Major League Baseball and its players' union all expressed sadness at the indictment, and even the
280:, "They kept Greg in prison a year. I read the indictment and there is nothing that the government didn't have a year ago to indict Bonds. My guy was nonessential." Geragos also told the Daily News that Anderson would not testify at trial against Bonds if he is called, adding "They would have to indict him first."
297:
Sean
Coutain and Patrick Hammon. Cris Arguedas, of Arguedas Cassman & Headley, served as second chair and was assisted by Ted Cassman and Michael Anderson. Appellate lawyers Dennis Riordan and Don Horgan drafted pre-trial motions and attended the trial in order to brief appellate issues in real time.
208:
reported that by
February 2007, the investigation had resumed. The AP quoted Michael Rains, a lawyer for Bonds, as saying "There is absolutely no doubt that the U.S. attorney is still running a grand jury and still taking evidence that involves Bonds. There is still an active effort to indict Barry."
292:
Bonds's trial was set for March 2, 2009, but delayed by appeals, after the judge excluded drugs tests and other evidence that could not be specifically tied to Bonds without the testimony of Greg
Anderson, who is alleged to have provided steroids to Barry Bonds when he was Bonds personal trainer and
184:
In
November, after the order was clarified, the 9th Circuit Court agreed to hear Anderson's argument that his "entire grand jury process was tainted" because the government let the grand jury hear the tape. If the appeals court had agreed that the tape unfairly contributed to Anderson's guilty plea,
296:
Bonds' trial began on Monday March 21, 2011. The case was prosecuted by
Assistant United States Attorneys Matthew Parrella and Jeffrey Nedrow. The defense team consisted of 8 lawyers. Allen Ruby, a partner at Skadden Arps Slate Meagher & Flom LLP, served as the lead attorney and was assisted by
180:
The main contention of
Anderson's appeal is that a secret, illegally recorded tape of him discussing Bonds' steroid use was the basis for the grand jury questions he refused to answer. Prosecutors, however, said the tape was legal and was made in a face-to-face meeting with Anderson. Although Judge
141:
testimony relating to the BALCO steroids scandal when he testified that he believed a clear substance and a cream, given to him by personal trainer Greg Anderson, were flaxseed oil and arthritis balm. The United States Attorney's Office in San Francisco brought evidence before another grand jury to
176:
On August 17, 2006, Anderson again refused to testify before the grand jury investigating Bonds. Judge Alsup ordered Anderson to return to court August 28 for a contempt hearing. In requesting the hearing, prosecutors for the first time publicly acknowledged they were targeting Bonds. Anderson was
95:
During grand jury testimony on December 4, 2003, Bonds said that he used a clear substance and a cream that he received from his personal strength trainer, Greg Anderson, who told him they were the nutritional supplement flaxseed oil and a rubbing balm for arthritis. This testimony was released to
328:
On December 15, 2011, Bonds was sentenced to 30 days of house arrest, two years of probation and 250 hours of community service, for an obstruction of justice conviction stemming from a grand jury appearance in 2003. However, U.S. District Judge Susan Illston then delayed the sentence pending his
300:
Witnesses included Jeff Novitzky, Forment I.R.S Agent who conducted the BALCO money laundering investigation, which led to the discovery of illicit steroid sales; Steve Hoskins, Bonds' former personal assistant; Larry Bowers, chemist from United States Anti-Doping Agency specializing in detecting
192:
On November 16, the 9th Circuit Court rejected Anderson's appeal and ruled that he must return to prison for refusing to testify before the grand jury investigating Bonds. The court ordered him to report to the Federal Correctional Institution in Dublin by November 20. The court agreed with Judge
354:
opinion characterized Bonds' statement as "a rambling, non-responsive answer to a simple question" and found that there was "insufficient evidence" that the statement was material to the investigation, requiring reversal of the conviction. The court also held that the reversal implicated Bonds'
267:
On November 15, 2007, a federal grand jury returned an indictment against Bonds. He was charged with four counts of perjury and one count of obstruction of justice. "During the criminal investigation, evidence was obtained including positive tests for the presence of anabolic steroids and other
283:
Bonds pleaded not guilty on December 7, 2007, and was freed on bond while awaiting trial. On January 23, 2008, Bonds filed a motion to dismiss the indictment, asserting that the charges are vague and allege more than one offense in each count, which may violate his constitutional rights. In a
91:
to athletes, including a number of baseball players. That led to speculation that Bonds had used performance-enhancing drugs while there was no mandatory testing in Major League Baseball. Bonds declared his innocence, attributing his changed physique and increased power to a strict regimen of
58:
for giving an incomplete answer to a question in grand jury testimony. A mistrial was declared on the remaining three counts of perjury, and those charges were dropped. The obstruction of justice conviction was upheld by an appellate panel in 2013, but a larger panel of the appellate court
142:
determine if Bonds should be indicted. Before testifying to the original grand jury (in 2003), witnesses including Bonds were told that they could not be charged with any crime other than perjury based on their testimony. On July 5, 2006, Anderson was found in contempt of court by
385:
349:
panel of the Ninth Circuit Court heard oral arguments on Bonds's motion to reconsider the panel ruling on September 18, 2014. On April 22, 2015, the en banc panel of the Ninth Circuit Court of Appeals overturned Bonds' conviction by a 10–1 vote. A short
189:, Anderson reportedly told an unidentified person that Bonds was using drugs which could not be detected. Judge Alsup, who had read a transcript of the tape, called it "as worthless a piece of evidence as I've ever seen", according to newspaper reports.
337:
On February 13, 2013, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit heard the appeal to overturn Bonds's conviction for Obstruction of Justice. On September 13 of that year, the Ninth Circuit upheld Bonds's conviction. Judge
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366:
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275:
Hours after Bonds was indicted, Greg Anderson was ordered released from prison. Anderson's attorney, Mark Geragos, denied his client had testified before the grand jury and expressed outrage Anderson had been imprisoned, telling the
316:
On April 13, 2011, a jury found Bonds guilty on the felony charge of obstructing justice. U.S. District Judge Susan Illston declared a mistrial on the three perjury charges, as the jury was unable to come to a unanimous verdict.
442:
193:
Alsup, ruling there was ample evidence beyond the tape to justify the grand jury's interest in questioning Anderson about Bonds. Anderson's lawyers announced they would seek an appeal before the entire 9th Circuit Court.
168:
Days later, federal prosecutors obtained Bonds’ medical files as part of their perjury investigation. Bonds’ former girlfriend, Kimberly Bell, testified that Bonds blamed an elbow injury on steroid use. According to the
389:
371:
370:
367:
372:
121:
In August 2005, all four defendants in the BALCO steroid scandal trial, including Anderson, struck deals with federal prosecutors that did not require them to reveal names of athletes who may have used banned drugs.
143:
84:
369:
228:
quoted an anonymous source as saying, " seem to feel they have a strong case... If the case is 90% now, there's no reason not to go for 100%. They aren't just waiting around for Greg Anderson."
734:
235:
and Todd Schneider of San Francisco, to defend him against what he claimed were false public statements made against him, including claims that he took steroids. The move was chiefly aimed at
106:. (Ellerman pleaded guilty to disclosing sealed grand jury testimony on February 14, 2007.) Later reports on Bonds’ leaked grand-jury testimony contend that he admitted to unknowingly using "
1077:
799:
948:
284:
response from the government on February 14, 2008, prosecutors stated that they would present evidence at trial showing that Bonds tested positive for steroids in November 2000.
1721:
879:
1448:
1627:
1358:
209:
The 9th Circuit Court rejected Anderson's appeal in March, and Geragos stated that he intended to appeal to the U.S. Supreme Court. After losing the appeal, Geragos told
1005:
479:
387:
320:
Case number is U.S. v. Bonds, 07-00732, U.S. District Court, Northern District of California (San Francisco). Released documents of the case have been posted online.
185:
his conviction could have been thrown out, even though Anderson had already completed his three-month sentence. In the disputed tape recording, first reported by the
1306:
654:
537:
711:
368:
1716:
1706:
1602:
173:, prosecutors had subpoenaed the documents nearly two months earlier, but Bonds’ attorneys went to federal court to stop the government from obtaining them.
301:
drugs in blood and urine samples; Kimberly Bell, Bonds' former mistress; Mike Murphy, the Giant's equipment manager; Stan Conte; former Giants trainer; and
1288:
1270:
359:
rights, meaning that he cannot be retried on the charge. Several groups of judges added separate opinions stating additional rationales for the reversal.
1138:
1059:
1100:
1027:
1534:
677:
151:
150:
for refusing to testify before the grand jury investigating perjury accusations against Bonds. Anderson was denied bail and immediately sent to the
1736:
1332:
224:, the "U.S. Attorney's office in San Francisco is confident it will have enough evidence to secure an indictment once resumes in September." The
970:
901:
1073:
940:
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791:
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852:
623:
567:
72:
1119:
1741:
1362:
997:
764:
54:, and the related investigations surrounding these accusations. On April 13, 2011, Bonds was convicted of one felony count of
589:
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447:
703:
646:
529:
471:
1411:
98:
68:
1034:
792:"Bonds trainer loses appeal on BALCO testimony: Contempt of court ruling upheld -- he's due back in prison"
55:
1553:"The Wall Street Journal - Breaking News, Business, Financial & Economic News, World News and Video"
47:
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43:
974:
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reported that the grand jury investigating Bonds had been extended for six months. According to the
906:
232:
217:
1658:
1611:
155:
1652:
1053:
339:
88:
1384:
502:
118:", a concoction designed to mask certain hormone ratios helping the user to beat drug tests.
17:
1726:
205:
39:
1669:
1639:
615:
356:
1385:"Federal judge to hold key hearing on Barry Bonds trial evidence - San Jose Mercury News"
259:
240:
236:
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1663:
1645:
310:
302:
213:"My client is never going to speak...He has got absolutely no intention of talking."
201:
197:
147:
133:
reported that federal investigators were looking into whether or not Bonds committed
768:
306:
162:
103:
1470:
848:
559:
593:
269:
76:
51:
1118:
Jaxon Van Derbeken; Henry K. Lee; Chronicle Staff Writers (November 16, 2007).
351:
248:
138:
80:
925:
115:
1732:
United States District Court for the Northern District of California cases
1200:"Bonds trial delayed after feds say they'll appeal - Baseball- NBC Sports"
417:
1203:
825:
346:
134:
35:
1580:
1226:"Prosecution in Barry Bonds trial made smart move with appeal - ESPN"
921:
Schilling: Bonds and McGwire lack of denials tantamount to admissions
503:"Sources: Grand jury looking at whether Bonds lied about steroid use"
85:
United States District Court for the Northern District of California
1516:"Federal appeals court weighs overturning Barry Bonds' conviction"
258:
1474:
1333:"Bonds Says Jury Shouldn't Hear of Trainer's Refusal to Testify"
1229:
210:
1584:
378:
Recording of oral arguments in front of the three judge panel.
244:
130:
1182:"Cyclist appeared to be shaving face, drug tester tells jury"
313:, baseball players who acquired steroids from Greg Anderson.
204:. Despite rumors the probe into Bonds would be hampered, the
1471:"Government's evidence against Barry Bonds unsealed - ESPN"
443:"Ninth Circuit Strikes Barry Bonds' Obstruction Conviction"
1571:"Barry Bonds case: Court to rehear home-run king's appeal"
1307:"Greg Anderson Incriminating Phone Call About Barry Bonds"
765:"Former Giants trainer testified about Bonds' arm injury"
398:
Recording of oral arguments in front of the en banc panel
231:
A month later, Bonds hired two attorneys, John Burris of
1252:"Barry Bonds evidence inadmissible, appeals court rules"
1202:. Nbcsports.msnbc.com. February 27, 2009. Archived from
528:
Williams, Lance & Mark Fainaru-Wada (July 6, 2006).
1429:
Pogash, Carol; Schmidt, Michael S. (October 11, 2008).
941:"Barry Bonds Is Indicted for Perjury Tied to Drug Case"
470:
Williams, Lance; Mark Fainaru-Wada (December 3, 2004).
1359:"On day he homered, Bonds allegedly used banned drugs"
1074:"Barry Bonds indicted on perjury, obstruction charges"
998:"Barry Bonds indicted on perjury, obstruction charges"
971:"Home run king Barry Bonds indicted on perjury charge"
418:"Bonds convicted of obstruction, not on other charges"
1431:"Cyclist Avoids Prison Time, Which May Benefit Bonds"
767:. CBS Interactive Inc. April 10, 2007. Archived from
733:
Kravets, David & Paul Elias (November 16, 2006).
1455:. Associated Press. October 14, 2008. Archived from
1412:"Barry Bonds' prosecutors seek athletes' testimony"
1449:"Prosecutors deciding whether to try Bonds again"
1156:Barry Bonds Asks Judge to Dismiss Perjury Charges
710:. Premier Media Group Pty Ltd. November 5, 2006.
243:, who made disparaging remarks about Bonds in an
79:'s trainer since 2000, was indicted by a federal
272:weighed in, calling it a "sad day in baseball".
92:bodybuilding, diet and legitimate supplements.
1168:Prosecutors say Bonds failed drug test in 2000
876:"Jury's in on Bonds: Feds eye Fall indictment"
1596:
1271:"Barry Bonds' grand jury transcript unsealed"
1076:. ESPN.com news services. November 16, 2007.
560:"New grand jury to look at Bonds allegations"
263:Mug shot of Bonds taken on November 15, 2007.
8:
1535:"Barry Bonds' obstruction conviction upheld"
1139:"Barry Bonds trainer Greg Anderson set free"
1120:"Greg Anderson released from federal prison"
973:. CNN.com. November 15, 2007. Archived from
822:"Ex-Bonds trainer 'is never going to speak'"
1722:Overturned convictions in the United States
824:. MSNBC.com. March 29, 2007. Archived from
741:. Hearst Communications Inc. Archived from
1603:
1589:
1581:
678:"Judge orders Barry Bonds' trainer freed"
566:. ESPN Internet Ventures. July 21, 2006.
939:Michael S. Schmidt (November 15, 2007).
251:. Bonds dismissed Schilling's comments.
1497:"Barry Bonds gets 30 days house arrest"
1101:"Greg Anderson could face more trouble"
951:from the original on September 17, 2011
714:from the original on September 29, 2007
409:
361:
102:by Troy Ellerman, a defense lawyer for
59:exonerated him in 2015 by a 10-1 vote.
1080:from the original on November 18, 2007
1058:: CS1 maint: archived copy as title (
1051:
1008:from the original on November 17, 2007
882:from the original on November 20, 2007
855:from the original on November 20, 2007
622:. Houston Chronicle. August 17, 2006.
570:from the original on November 20, 2007
509:from the original on November 18, 2007
482:from the original on November 18, 2007
1180:Williams, Lance (February 28, 2009).
902:Bonds' legal team might sue Schilling
849:"ESPN:Anderson remains the quiet man"
802:from the original on October 13, 2007
735:"Bonds' trainer ordered jailed again"
657:from the original on October 13, 2007
626:from the original on October 13, 2007
592:. KTVU. July 22, 2006. Archived from
540:from the original on October 13, 2007
437:
435:
7:
1533:Lacques, Gabe (September 13, 2013).
1309:. Youbeenblinded.com. Archived from
1137:Red, Christian (November 16, 2007).
1099:Red, Christian (November 18, 2007).
1717:Major League Baseball controversies
1707:Drugs in sport in the United States
1514:Dolan, Maura (February 14, 2013).
1361:. California Watch. Archived from
676:Kravets, David (October 5, 2006).
590:"Feds Seize Bonds Medical Records"
472:"What Bonds told BALCO grand jury"
110:," a form of the designer steroid
25:
996:Elias, Paul (November 15, 2007).
790:Egelko, Bob (November 17, 2006).
647:"Anderson ordered back to prison"
501:Rowlands, Ted (April 14, 2006).
383:
364:
152:Federal Correctional Institution
73:Bay Area Laboratory Co-operative
1410:Egelko, Bob (January 8, 2011).
1158:Bloomberg.com, January 23, 2008
645:Egelko, Bob (August 28, 2006).
530:"Bonds' Trainer Sent to Prison"
196:In January 2007, U.S. attorney
1737:2011 in United States case law
1269:Egelko, Bob (August 7, 2010).
704:"Conviction may be overturned"
50:(MLB) career home run leader,
1:
878:. New York: NYDailyNews.com.
874:Quinn, T.J. (July 21, 2007).
847:Fish, Mike (March 29, 2007).
653:. Hearst Communications Inc.
536:. Hearst Communications Inc.
478:. Hearst Communications Inc.
200:resigned and was replaced by
18:Legal problems of Barry Bonds
1170:USA Today, February 14, 2008
684:. The New York Times Company
247:interview with sportscaster
1416:The San Francisco Chronicle
1293:The San Francisco Chronicle
1275:The San Francisco Chronicle
1186:The San Francisco Chronicle
796:The San Francisco Chronicle
616:"Bonds' trainer won't talk"
87:and charged with supplying
1758:
851:. ESPN Internet Ventures.
1618:
1676:Barry Bonds perjury case
448:The National Law Journal
420:. Tsn.ca. April 13, 2011
46:outfielder and all-time
32:Barry Bonds perjury case
1697:2006 in American sports
1557:The Wall Street Journal
1124:San Francisco Chronicle
1002:San Francisco Chronicle
739:San Francisco Chronicle
651:San Francisco Chronicle
534:San Francisco Chronicle
476:San Francisco Chronicle
187:San Francisco Chronicle
171:San Francisco Chronicle
99:San Francisco Chronicle
27:Case of alleged perjury
1742:Obstruction of justice
505:. Cable News Network.
264:
56:obstruction of justice
34:was a case of alleged
1573:. September 17, 2014.
262:
161:Anderson's attorney,
126:Perjury investigation
48:Major League Baseball
1503:. December 16, 2011.
977:on November 17, 2007
771:on November 20, 2007
44:San Francisco Giants
1232:. February 27, 2009
1206:on January 13, 2010
907:New York Daily News
745:on October 13, 2007
596:on October 13, 2007
278:New York Daily News
218:New York Daily News
1712:Doping in baseball
1659:Biogenesis scandal
1612:Doping in baseball
1477:. February 5, 2009
1459:on April 17, 2011.
1435:The New York Times
1391:. January 31, 2011
1040:on October 6, 2012
945:The New York Times
919:Associated Press,
910:, August 16, 2007.
900:Rosynsky, Paul T.
265:
255:Federal indictment
1684:
1683:
1628:Banned substances
1520:Los Angeles Times
1339:. January 8, 2011
1313:on April 26, 2011
393:
373:
340:Mary M. Schroeder
89:anabolic steroids
40:anabolic steroids
38:regarding use of
16:(Redirected from
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1605:
1598:
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1539:USA TODAY Sports
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1365:on July 16, 2011
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1258:. June 12, 2010.
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1033:. Archived from
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828:on April 1, 2007
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451:. April 22, 2014
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216:On July 21, the
206:Associated Press
137:during his 2003
21:
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1670:Game of Shadows
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1389:Mercurynews.com
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1633:suspensions
1623:Drug policy
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981:November 5,
886:November 3,
859:November 3,
832:November 3,
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775:October 17,
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688:October 17,
661:October 17,
630:October 17,
600:October 17,
574:October 10,
544:October 10,
513:October 10,
486:October 10,
270:White House
77:Barry Bonds
52:Barry Bonds
1691:Categories
1653:Vindicated
682:boston.com
404:References
352:per curiam
324:Sentencing
249:Bob Costas
226:Daily News
222:Daily News
139:grand jury
81:grand jury
42:by former
1481:April 22,
1395:April 22,
1369:April 22,
1343:April 22,
1317:April 22,
1236:April 22,
1210:April 22,
926:USA Today
620:Chron.com
455:April 23,
424:April 22,
116:the cream
108:the clear
75:(BALCO),
67:In 2003,
1501:CBC News
1078:Archived
1054:cite web
1006:Archived
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880:Archived
853:Archived
800:Archived
712:Archived
655:Archived
624:Archived
568:Archived
564:ESPN.com
538:Archived
507:Archived
480:Archived
329:appeal.
239:pitcher
1727:Perjury
347:en banc
233:Oakland
135:perjury
83:in the
71:of the
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1646:Juiced
333:Appeal
309:, and
156:Dublin
146:Judge
1038:(PDF)
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288:Trial
114:and "
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1371:2011
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