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Judge to keep Babo drug test evidence in play
By Ken Gimblin and Joe Cronin January 18, 2009 |
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SAN FRANCISCO--The evidence that the Barry Bonds defense council who is appealing that's inadmissible, the drug calendars which were hand written by Bonds personal trainer Greg Anderson, the blood and urine samples from the offices from the BALCO labs prior to 2003 and from Bonds doctor Art Ting. Bonds lawyers have argued that the evidence in play also questions if the Clear was even a steroid to begin with and that it was not illegal to use until 2005 well after the Bonds grand jury testimony in December 2003. The prosecutions star witnesses Dr.Donald Catlin in 2003 and IRS Commissioner Jeff Novitzky in 2004 testified that THG was not a steroid according to the criminal code. However several figures in the BALCO trial have either gone to jail for perjury or for contempt of court. "There’s never been any studies to show whether or not that THG does, in fact, enhance muscle growth." said Novitzky according to unsealed Grand Jury testimony in 2004. The questions that Bonds lawyers are arguing were ambiguous and that he told the truth when asked if he ever took steroids and replied, "not that I know of" noting that the Clear was not an FDA ruled steroid prior to 2005. As to if these key pieces of evidence presented by the prosecution will be inadmissible that might be another story as a legal expert pointed out that if evidence presented at trial could not be demonstrated as tampered with the evidence will more than likely be able to be presented at trial. U.S.District Court Judge Susan Illston who is presiding over the case will allow the seized doping calendars from the BALCO Labs, the Bonds testimony, the definition regarding if the Clear was a illegal substance at the time of the Bonds grand jury testimony and if Bonds committed any perjury during sworn testimony. The Bonds defense also argues that any testimony from trainer Greg Anderson, ex-girlfriend Kimberly Bell, and ex-business manager Steve Hoskins should also be inadmissible because of hearsay or in Anderson's case, double jeopardy. Anderson is holding steadfast that he made a deal with the feds and pleaded out to illegal steroid distribution but was sent back to prison three separate times for contempt of court for refusing to answer questions about distributing to Bonds. Anderson who has been silent on the case has only said that he already made on deal with the Feds to plea out distribution, which was not Bonds specific in the first prison sentence. Bell says she was told by Bonds during their relationship during 2001-2002 that Bonds had told her that he was injecting steroids on one occasion. Hoskins said that Bonds mentioned steroid use to him during their business relationship, which later Bonds called the Feds on Hoskins for faking his autographs and selling them. Hoskins in turn made a deal with the Feds to testify against Bonds if the forgery charges would be dropped if he would testify that Bonds said he was using steroids. Hoskins was Bonds PR Business man between 2001-2003 before the falling out. Bonds legal team is requesting that Bell and Hoskins be dropped from witness testimony at trial. More than likely Illston will keep all witnesses in place. Joe Cronin and Ken Gimblin are covering the Barry Bonds BALCO/steroids perjury trial for Sportstalk Radio |
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