Barry Bonds Perjury Case - Trial

Trial

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 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.

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 Sean Contain 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.

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 drugs in blood and urine samples; Kimberly Bell, Bonds' former mistress; Mike Murphy, the Giant's equipment manager; Stan Conte; former Giants trainer; and Marvin Benard, Jason Giambi, and Jeremy Giambi, baseball players who acquired steroids from Greg Anderson.

On 13 April 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.

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