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Is the trial over without key evidence?
By Ken Gimblin and Joe Cronin March 1, 2009 |
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SAN FRANCISCO--U.S. District Court Judge Susan Illston has made it quiet clear that she will not allow the government's evidence into play that clearly shows that former Giant outfielder Barry Bonds positive steroids test which was confiscated in the BALCO labs by IRS agents on a raid on Bonds' trainer's home Greg Anderson which turned up schedule calendars which had the initials "BB" showing when Bonds was scheduled to use steroids. These key pieces of evidence will not be entered as government lawyers have turned to the appeal process. It is unlikely that these appeals will change anything. The Witness testimony has been considered but the testimony that Judge Illston wants more than anyone else's is that of Anderson who knows about the injections, calendars, and when and where he injected Bonds. That's not going to come out at all as Anderson has told the judge he will not testify in the Bonds perjury trial. Illston told government attorneys that the court cannot proceed with the positive steroids tests because she needed Anderson there to verify the schedules and injections. Legal experts have said the government will lose the appeal and without Anderson coming forward there is no case. The witnesses many not even get called let alone a jury being selected for the case. The case was to begin on Monday and the government has asked Illston to allow them to show three positive tests from 2001 the year Bonds broke Mark McGwire's single season home run record with 73 homers. The positive tests that the government is talking about is entering doping calendars and recorded testimony of Anderson talking about injecting Bonds, and eye witness testimony that saw Anderson injecting Bonds and of course the positive steroid tests. The court will not accept any other evidence other than Greg Anderson who know where all the bones are buried and will not talk. This month the government lawyers are going to the Ninth Circuit Court to see if they can over rule Illston and get the evidence back in court. The other thing that the government lawyers are trying to show is that the evidence that Illston threw out is the central heart of the case. They need those calendars, positive steroids tests, and witnesses. At first thought the government could proceed with the case with the witnesses testimony but now things are on hold because the only one witness the court feels that counts right now is Anderson who told Illston that he will not talk under any circumstance. If the government loses the Barry Bonds perjury case due to no Anderson testimony that would have been some six years of BALCO and the Bonds hearings that amounted to no conviction whom many have said is the central figure in the BALCO case, Bonds. Bonds may not make the Hall of Fame but he will also not see the inside of a jail cell ever for perjury. He will skate but he won't have too much too laugh and celebrate about if he's banking on going to the Hall of Fame and has been pretty much found guilty in the court of public opinion. Ken Gimblin and Joe Cronin are covering the Barry Bonds perjury trial |
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