Lance Williams, Chronicle Staff Writer
Thursday, November 15, 2007
The perjury case against former Giants star Barry Bonds is built on documents seized in a federal raid on a Burlingame steroids lab and positive drug test results indicating that baseball's all-time home run king used steroids, court records show.
Bonds, perhaps the greatest hitter of his generation, was indicted Thursday on four counts of perjury and one count of obstruction of justice. He is accused of lying under oath in December 2003 when he told the grand jury that investigated the BALCO steroid ring that he had never used banned drugs.
The 43-year-old free-agent outfielder faces arraignment Dec. 7 in U.S. District Court in San Francisco, months of legal proceedings - and a federal prison term of about 30 months if he is convicted at trial, legal experts said.
In the indictment, federal prosecutors said Bonds lied when he denied using a long list of banned drugs, including steroids, testosterone, human growth hormone and "the clear," the undetectable designer steroid marketed by BALCO.
Bonds also lied when he testified that his longtime personal trainer, Greg Anderson, had never injected him with drugs, the government contended. The trainer, who was imprisoned for contempt of court after he refused to testify against Bonds, was freed Thursday night, hours after Bonds' indictment was unsealed.
To buttress its perjury case, the government has what prosecutors have called a "mountain of evidence" seized in a raid on the Bay Area Laboratory Co-Operative in September 2003 - documents including doping calendars showing Bonds' drug regimen and payment records of drug purchases. In addition, the indictment says investigators have obtained "positive tests for the presence of anabolic steroids and other performance-enhancing substances for Bonds."
The indictment gave no details. But a source familiar with the case said BALCO founder Victor Conte had arranged repeated private steroid tests for Bonds to track the effects of his drug regimen. In the BALCO raid, the government seized those test reports, said the source, who asked not to be quoted by name because of the sensitivity of the investigation.
Since the BALCO scandal began to unfold, Bonds has adamantly denied using steroids. He told the grand jury he used only flaxseed oil and an arthritis balm, not BALCO's designer drugs. In August, when he broke Hank Aaron's record to become baseball's all-time home run leader, Bonds declared that his record was "not tainted at all."
On Thursday, his lawyer, Michael Rains, vowed to fight the charges and predicted Bonds would be exonerated at trial.
Bonds' indictment roiled a sport that has been struggling to put an end to what's been called its "steroid era." Mostly in response to exposes about BALCO, baseball Commissioner Bud Selig has ratcheted up the sport's drug-testing programs and hired a former U.S. senator, George Mitchell, to investigate steroid use in the game.
On Thursday, Selig issued a statement saying he was watching the Bonds case carefully, but he gave no indication what action he might take. Mitchell's report is supposed to be released by the end of the year.
The indictment also marked the end of a yearlong government effort to force Anderson, Bonds' trainer and boyhood friend, to testify about Bonds and drugs. Anderson pleaded guilty to a steroid conspiracy charge in the BALCO case and was jailed for three months.
Then, last year, the government subpoenaed Anderson to testify before the grand jury investigating Bonds for perjury. Anderson refused and was imprisoned for contempt of court. Thursday night, more than a year after he went to prison, a federal judge ordered him freed. His lawyer, Mark Geragos, said Anderson had not cooperated with the government.
Bonds won the National League's Most Valuable Player award an unprecedented seven times - five times as a Giant and twice as a young player with the Pittsburgh Pirates. He led the Giants to the pennant and the World Series in 2002. On Aug. 7, in his 15th year as a Giant, he broke Aaron's mark of 755 career home runs, perhaps the most hallowed record in all sports.
Bonds finished the season with 762 home runs. His $17 million-per-year contract expired in 2007, and the Giants refused to offer him a new one. He has said he hopes to sign with another team and play in 2008.
Bonds is the most famous baseball star to be accused of a crime since 1989, when Cincinnati Reds manager Pete Rose, holder of the lifetime record for most hits, was banned from the game and indicted for tax evasion in a gambling scandal. Rose served five months in federal prison.
Former baseball Commissioner Fay Vincent called the prospect of Bonds' indictment "a terrific blow to the game," more troubling than the Rose scandal.
Rose was "one guy betting on baseball," Vincent told The Chronicle last year, while Bonds' indictment reflects a problem that strikes "right at the heart and the gut of baseball" - the sudden rise in the use of steroids and human growth hormone.
Vincent likened the Bonds case to the worst scandal in baseball history: the 1919 "Black Sox" affair, in which Chicago White Sox hitting star "Shoeless Joe" Jackson and seven teammates were indicted for conspiring with gamblers to fix the World Series. The players were acquitted at trial, but baseball Commissioner Kenesaw Mountain Landis, a former judge who had been hired to clean up the game, banned them all for life anyway.
Selig cannot act so boldly, experts said. If Selig were to respond to the indictment by banning Bonds from the game, baseball's powerful players' union almost certainly would object, and an arbitrator might well reinstate him, said baseball labor historian Robert Burk, a professor at Muskingum College in Ohio. In the modern era, baseball players accused of crimes have been allowed to continue playing until their cases are resolved, he said.
Bonds set off down the path that led to his indictment during the 1998 season, when St. Louis Cardinals slugger Mark McGwire was winning acclaim for breaking the single-season home-run record then held by Roger Maris.
According to Bonds' former girlfriend, Kimberly Bell, and other people who know him, Bonds became jealous of the attention paid to McGwire, whom he regarded as an inferior player and a steroid user. In the offseason, Bonds began training with Anderson, a friend from the San Carlos Little League.
According to documents seized by investigators, Anderson began supplying the Giants star with steroids and human growth hormone. Through the drug use and weight training, Bonds became far more muscular and transformed himself into the greatest slugger of his era.
After the 2000 season, Anderson took Bonds to BALCO and introduced him to Conte, who at the time was providing undetectable steroids to Olympic athletes so they could beat drug tests. After baseball began steroid testing in 2003, Anderson began supplying an undetectable steroid to Bonds to ensure that he would pass baseball's new drug tests, the trainer said on a tape recording made without his knowledge.
By then, BALCO was the target of a drug probe led by a dogged investigator from the Internal Revenue Service's criminal division, agent Jeff Novitzky, a former basketball player at San Jose State. In September 2003, he led raids on BALCO and Anderson's home in Burlingame, taking away significant evidence of drug use by a long list of elite athletes - including Bonds.
After the raid, more than 30 athletes with ties to BALCO were subpoenaed before a federal grand jury, where they were granted immunity from prosecution in exchange for truthful testimony about BALCO and drugs.Five baseball players - including New York Yankees star Jason Giambi - acknowledged using banned BALCO drugs obtained from Anderson. A sixth, outfielder Gary Sheffield, testified that Anderson, at Bonds' direction, had provided him "the cream" and "the clear." Sheffield said he had been told the substances weren't steroids.
But Bonds testified that he had never used banned drugs, telling the grand jury Anderson had only given him flaxseed oil and arthritis balm. Those denials form the crux of the perjury allegations.
After Bonds' grand jury testimony, federal agents began a wide-ranging investigation of the Giants slugger. In March 2005, Bell testified that Bonds had told her he had used steroids in 1999.
She also told the grand jury that Bonds had given her $80,000 cash to make the down payment on a house in Arizona. Bell said Bonds obtained the money by selling sports memorabilia for cash.
For more than three years, the BALCO probe was directed by U.S. Attorney Kevin Ryan. In December 2006, Ryan was among nine U.S. attorneys who were abruptly fired by then-Attorney General Alberto Gonzales. Since then, the Bonds probe has been supervised by an acting U.S. attorney, Scott Schools.
Last month another star athlete suspected of lying about her role in BALCO - track and field superstar Marion Jones, sweetheart of the 2000 Sydney Olympics - pleaded guilty in federal court in New York to falsely telling federal agents she had not used banned drugs and making false statements about her participation in a check fraud scheme. After Jones pleaded guilty, BALCO investigators turned their attention back to Bonds.
Bonds joins a long list of celebrities and historic figures accused of perjury, the crime of making a false statement under oath.
Former U.S. State Department official Alger Hiss spent 44 months in prison for lying in a Cold War-era probe of a Communist spy ring. In his 1999 impeachment trial, then-President Bill Clinton was acquitted of perjury in the Monica Lewinsky affair. In March, Lewis "Scooter" Libby, top aide to Vice President Dick Cheney, was convicted of lying to a grand jury in connection with the leak of an undercover CIA operative's name to news reporters.
But the perjury case that many experts liken to the Bonds case is that of former NBA star Chris Webber, indicted in 2002 after denying under oath that during his college basketball career that he had received money and gifts from a University of Michigan booster. Webber pleaded guilty to criminal contempt, paid a $100,000 fine and was ordered to perform community service rather than be imprisoned.
Steve Fishman, the Detroit lawyer who represented him, said Webber was able to settle the case because the prosecution's evidence was weak and Webber was a sympathetic defendant.
"The accusation against Webber was that he was not telling the truth about something that occurred when he was a teenager," Fishman said in an interview last year. "There are miles of differences between allegations that you received gym shoes when you were playing at the University of Michigan versus you received steroids while you were the National League MVP."
If convicted of perjury, Bonds would be lucky to avoid prison, legal experts said. Technically, the maximum sentence on a conviction for a single count of perjury is five years in prison and 10 years for obstruction of justice. But Patrick Mullin, a criminal defense specialist who practices in New York and New Jersey, said federal sentencing guidelines would call for a term of from 24 to 30 months if Bonds is convicted of all the charges.
"It could go higher," Mullin said. "This is tough stuff."
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