Photo Bonds trial: Feds have 90% conviction rate

By Ken Gimblin and Joe Cronin

December 6, 2007
Exterior view of the San Francisco Federal Building in San Francisco, Thursday, Dec. 6, 2007. Barry Bonds is expected to plead not guilty to perjury and obstruction of justice during a schedule hearing at the Federal Building in San Francisco on Friday. (AP Photo/Paul Sakuma)
 



Barry Bonds will be entering the front doors of the U.S. District Court House for his arraignment on Friday, on the four perjuries and one obstruction of justice, on which he was indicted in early November. The indicted outfielder will take his position at the defendants table on Friday morning with attorneys Michael Rains and John Burris.

Talk around the courthouse with members of the media who spin this story simply put it this way, how many great athletes have their trainers in jail because they refuse to testify in court? There is no question that Bonds is tainted in many ways and in reality for Bonds it's really coming home now. Anytime you get indicted in Federal Court you got problems.

The coverage will be enormous outside of the courthouse for day one and probably throughout the trial. The media who we talked to said that the potential is strong that the Feds will get a conviction for perjury against Bonds.

It would be a total surprise if Bonds escapes some kind of punishment and Bonds will try and claim innocence. His attorneys say that they have a game plan but in reality that's not really the case. People better remember that Bonds is not safe because under the current circumstances of the evidence; IE Greg Anderson's doping calendars that were seized at his Burlingame home that have schedules written when Anderson allegedly administered the steroids to Bonds with Bonds name on the calendars.

Also the Bonds positive tests that were documented in the Federal raid of the BALCO labs which had tubes and medical records documenting that Bonds tested positive for steroids use.

Feds not wasting their time: The prosecutor who filed the indictment U.S. Attorney Scott Schools will not be wasting his time if he didn't think he could win beyond a reasonable doubt. The Grand Jury has already looked at the evidence and said yes that they had enough evidence to go to trial and when you look at all these pieces of evidence Bonds is going to have to make a plea bargain or come to some kind of understanding because right now based on the evidence that the government intends to go to trial with they got Bonds.

If Michael Rains and John Burris looks at what their up against they would consider a plea but since Bonds is so totally arrogant and he thinks he really is above it all and he won't be caught.

So the smart strategy right now in the Bonds camp is to make a plea bargain so the sentence is not as severe and that he doesn't have to have witnesses called, people cross examined, people flying in from all over the country for the trial and try and work a deal with the court system.

First of all if Bonds had been like Yankees slugger Jason Giambi and said that he did it and that he was sorry Bonds would not be going to trial today and the big thing that they're going after in this perjury case where they could get Bonds and they won't go after him for the income tax evasion but it'll be the perjury is what they'll go after him for. But again the arrogance has put Bonds in this spot.

The difference between the O.J. Simpson trial and this trial this case is being heard in Federal Court whereas the Simpson trial was heard in State Court. The rules in the federal court are different from state court in which O.J. walked away from a double murder conviction. Also in the state court O.J.'s lawyers were so superior that they were able to bull doze their way through it.

In the Bonds perjury and obstruction of justice charges, it doesn't look like that's happening that he's up against a much superior prosecutor than for example Marcia Clark who was the lead prosecutor for the state in the Simpson case.

So again the feds are zeroing in on the perjury angle and from what evidence that will be presented at trial in the BALCO case it looks like they've got Bonds. If you look at it Federal prosecutors are in a position where they are looking to move in and prosecute the case. A prosecutor is not going to take a case that they didn't expect to win that said yes there is evidence here for a court case.

So looking at it from that angle no matter what Rains or Burris might have in Bonds defense if there are lies they'll end up doing some kind of plea agreement.

Lance Williams and Mark Fainaru-Wada: Both authors of the book 'Game of Shadows' Williams and Fainaru-Wada have been so busy with fielding media requests that both reporters email at the Chronicle are full when trying to leave a message at least at press time. The requests have been primarily regarding interview requests at the Federal Court House on Friday when the Bonds trial gets started.

The discussion you could be assured of will be regarding the book 'Game of Shadows' will be heavily discussed and in some circles and it was mentioned on Court TV by analysts looking at this case the feds are considering entering certain passages of the book into evidence and it would mark the first time publicly that Bonds would have to address questions regarding the book 'Game of Shadows'.

The Feds have looked at this book and have been left with little doubt that certain parts of the book and what some of the people interviewed for the book have left little doubt that Bonds lied about steroid use. Bonds is facing three years if he decides to fight the government all the way and then lose on a guilty verdict by the jury.

Ken Gimblin and Joe Cronin are covering the Barry Bonds steroid trial and co-host Sportstalk on 1690 KFSG Sacramento.

 

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