Wednesday, April 19, 2006

Giants Trainer Subpoenaed in Bonds Perjury Investigation

The federal grand jury investigating possible perjury by San Francisco Giants slugger Barry Bonds has subpoenaed the team's head trainer to testify on April 27, in addition of Bonds' personal physician.  Bonds testified before a grand jury in 2003 about whether he used steroids from Balco (Bay Area Laboratory Co-operative), where his personal trainer worked.  Bonds denied knowingly taking steroids, and recent publications cast doubt on whether his testimony was truthful.  By seeking testimony from the personal physician and team trainer, the government likely is focusing on learning if health care professionals observed if Bonds exhibited any of the outward signs of steroid use, which can cause substantial physical changes.  The witnesses may also have spoken with Bonds about whether he was using steroids or human growth hormones.  While his physician may be able to raise a privilege claim to conversations, the team's trainer is unlikely to be able to throw up a similar roadblock to testifying. 

Whether either witness can provide the type of circumstantial evidence needed to establish that Bonds' testimony was false -- which will be necessary to meet the high standard for a perjury conviction -- is certainly an open question.  Both may well by sympathetic to Bonds, and so could provide only equivocal statements regarding his physical condition.  To this point, the government's evidence appears to be coming from those convicted in connection with the Balco operation, a jilted former girlfriend, and claims made by anonymous sources as reported in a book and in the media.  The government likely needs objective evidence of steroid use and not anecdotal claims if it wants to make a case against Bonds.  A San Francisco Chronicle story (here) discusses the grand jury investigation. (ph)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2006/04/giants_trainer_.html

Grand Jury, Investigations, Perjury | Permalink

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