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Faulty Bonds indictment results in four counts dropped
By Ken Gimblin and Joe Cronin
December 4, 2008
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SAN FRANCISCO--U.S.District Court Judge Susan Illston ruled on Thursday that Federal prosecutors wrote faulty perjury indictments. Four counts have now been dropped off the 14 original counts against former Giants slugger Barry Bonds.
The charges are in reference to questions that were vague and questions that Bonds was not clear on what he was being asked and answers that Bonds gave that were subject to being vague and not enough on them to count as a lie or a perjury charge.
One question that was asked during the December 2003 Grand Jury investigation was did Bonds knowingly know about his steroid use and he answered that he was not sure. This statement was struck as one of the perjury charges as Bonds lawyers argued that this could not prove to be a lie if Bonds makes claim he did not know if what his personal trainer Greg Anderson gave him "the Cream" or "the Clear" contained illegal steroid substances with Bonds knowledge.
With the trial date set for March 2nd Judge Illston now has Bonds facing the Feds for a 10 count perjury docket after the four counts were dropped off on Thursday. Bonds is also facing one charge of obstruction of justice. The sentencing if convicted on any of the perjury counts could result as little as house arrest to a two year prison sentence.
Critics following the trial have stated that any type of conviction from a grand jury for perjury could definitely hurt Bonds chances at a shot for the Hall of Fame if it's proven that he cheated to get bigger and stronger to get an edge in getting power to accomplish his baseball home run tittle.
Bonds lawyers are also reportedly working currently on suing MLB for collusion charges after receiving documents and emails from the MLB office that said to other MLB teams interested in shopping Bonds to keep hands off and that Bonds was a figure considered by the baseball office as persona non grata.
After Bonds lawyers obtained such information they have said that they have enough evidence to sue baseball for collusion for keeping Babo out of the 2008 season and that Bonds 44, was healthy enough to play ball for that season. Bonds agent Jeff Boras says he's privy to such information and has seen the documents after trying to work with other clubs interested in getting Bonds but was only told later that they were not interested. Baseball is looking at a maximum of a $38 million figure if Bonds and his legal team are able to prove collusion meaning that each team in MLB will have to pay over 1.1 million each for keeping Bonds out of the game.
While there is a very good chance that Bonds legal team can prove collusion, in the perjury case it's felt that the Feds might have a good chance to make some of the perjury counts stick after some of the testimony from Bonds old associates and ex-team mates come to surface. The big enchilada in the perjury case is witness Anderson who so far has served four contempt of court tours of duty at Dublin Correctional for refusing to testify against his childhood friend in distributing steroids to Bonds.
Ken Gimblin and Joe Cronin are covering the Barry Bonds/BALCO steroid scandal for Sportstalk Radio.
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