Prosecution wasting precious energy on Babo case

By Ken Gimblin and Joe Cronin

July 25, 2010
 
 



SAN FRANCISCO--Evidence against former Giants outfielder Barry Bonds will still not amount to a hill as evidence presented by the prosecution is expected to be kicked out which includes evidence of three BALCO positive tests of steroid use prior to Bonds grand jury testimony in December 2003.

U.S.District Judge Susan Illston had stated in February 2009 that the evidence produced by the government was not admissible unless Bonds former trainer Greg Anderson was willing to testify. Anderson has been sent to jail for contempt of court twice which included a one year stint for not testifying against his childhood buddy for injecting him with steroids.

Bonds claims that Anderson gave him the Clear and the Cream a legal substance like flaxseed oil and arthritis balm. Bonds said in his grand jury testimony that he had no knowledge of using steroids at anytime if the creams were in fact tainted. Illston said that the only way the trial was moving forward is if Anderson testified to the steroid applications and doping calendars which were seized from the BALCO labs by Federal agents.

One shred of evidence that prosecutors are holding out hope for is a Major League Baseball test that came back positive in 2003 that show Bonds tested positive for steroids but Bonds has an out he can testify that he thought those substances were flaxseed and balm creams and not tainted steroids products.

Prosecutors of the U.S.Attorney's office said they want to go ahead with the evidence they have rather than try to further appeal Illston's decision of the lack testimony from Anderson. The appeals court upheld Illston's decision that the evidence provided needed testimony from a BALCO drug lab official BALCO founder Victor Conte who is not going to testify nor is Anderson.

The likelihood of any of the 11 charges of perjury and the one count of obstruction of justice sticking is looking slim without the necessary testimony from Anderson or even Conte. This looked like a dead horse last year and going into this fall it's still the same look.

Attorneys had planned to resume the trial by August or September but they had trials and scheduling conflicts. The next best time would be March 2011 some two years after the original trial date.

Joe Cronin and Ken Gimblin are covering the Barry Bonds BALCO/steroids trial for Sportstalk Radio

 

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