Jan 21, 2011, 4:57 PM EST
It seems like years ago that Barry Bonds was indicted for perjury. Oh, wait, it was years ago. Three-and-a-half to be exact. But though the wheels of justice grind slowly, boy do they grind, and they’ve almost delivered us to Barry Bonds’ trial, which gets underway on March 21st.
But first, some preliminary rulings, a few of which came today: the prosecution will — over Bonds’ objections — be able to call other ballplayers who trained with Greg Anderson, including Jason Giambi, Jeremy Giambi, Marvin Benard and Bobby Estalella. They will not, however, be able to introduce a boatload of documentary evidence they claim proves that Barry Bonds knowlingly used PEDs. The reason: as has long been the case, Greg Anderson is still not testifying, therefore the documents — which he created — cannot be authenticated, and are thus inadmissible hearsay.
I’ll obviously be following the trial as closely as the Internet will allow — oh, please don’t send me on an all-expenses-paid trip to San Francisco, my NBC overlords! Don’t throw me into that brier patch — but for now I’ll refresh you on my overall take of things so as to avoid confusion going forward:
Barry Bonds took the Cream and the Clear. It’s been painstakingly researched and written about. He admitted under oath that, yeah, there was probably stuff that he took that he subsequently learned were something other than flaxseed oil. There isn’t a truly reasonable debate to be had along the lines of “did he take PEDs,” and that question really has no bearing on this trial whatsoever, so don’t take my criticism of the current prosecution as a denial of the bleedin’ obvious;
Steroids or not, I don’t think the prosecution had a good perjury case from the moment Bonds was indicted. As I’ve written before, the relevant question is whether Barry Bonds knew he was taking steroids prior to December 4, 2003. Or, more to the point, a case about whether the government can prove that he knew he was taking steroids prior to December 4, 2003. On that point, I think it’s a weak case because the government’s questions during the grand jury proceedings were terribly vague, Bonds’ answers were boringly circuitous, and the government didn’t do much to try to nail him down. I explained all of that here a couple of years ago.
Do I think Bonds lied under oath? Having read the entirety of his testimony I think he was probably trying to do his best to avoid having to. And I think that, because of the sloppy questioning, he avoided the sorts of unequivocal falsehoods that are usually the subject of perjury prosecutions. Most of the time a case with these broad, compound questions and these circular answers doesn’t get charged. It’s too borderline. But this is a celebrity here, and this was a Novitzky investigation, so they’re going for broke. And they’re doing it without the one witness — Greg Anderson — who can make their case.
Overall I think this is a wasteful prosecution, and it was made wasteful because of government sloppiness and the lack of a true law enforcement imperative at work, which led to prosecutors handling the grand jury proceedings as if there were unimportant. All of the BALCO people who were the targets of that grand jury have been tried, convicted and have served their time and are going on with their lives. This is a seven-year-old hangover, and such things are a recipe for a misuse of the justice system and bad justice issuing therefrom.
Under those circumstances, I don’t think Bonds should be prosecuted. Even as it is, I don’t think it’s anywhere close to certain that the prosecution can get a conviction. But hey, that’s why they play the game!
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