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Bonds case update: the prosecution will rest today

Apr 4, 2011, 9:12 AM EDT

Barry Bonds Perjury Trial Begins in San Francisco Getty Images

Today will be the last day of the prosecution’s case-in-chief in the Barry Bonds trial, as they finish with Don Catlin, the anti-doping expert, and have the grand jury testimony read to the jury. The defense will then start their case, either today or tomorrow, but it will be a shorter deal than the prosecution’s. Indeed, it could be over this week.

Observers are pretty down on the prosecution after one of their own witnesses, Dr. Arthur Ting, blew a hole in the credibility of one of their other witnesses, Steven Hoskins on Thursday.  Calling Ting was just a baffling move by the prosecution. If they knew what he was going to say, why call him?  If they didn’t know, why risk it and, really, how prepared were they?  Given that, in the absence of Greg Anderson,  Hoskins is the witness who comes the closest to nailing Bonds for knowingly using steroids, having him impeached like that is simply brutal.

The consensus now is that, if the prosecution is going to get a conviction, it will be on count two of the indictment: the “did you ever have someone inject you” count. This, I think, Hoskins’ sister nailed pretty well, and did so with credibility according to those who watched her in court.  For those who never obsessed on this bit, the testimony in question involved a particularly hostile exchange between Bonds and the prosecutor in which, after Bonds was asked if Greg Anderson ever injected him with anything, Bonds lashed out with a rambling non-sequitur. His testimony:

“I’ve only had one doctor touch me. And that’s my only personal doctor. Greg, like I said, we don’t get into each other’s personal lives. We’re friends, but I don’t – we don’t sit around and talk baseball because he knows I don’t want – don’t come to my house talking baseball. If you want to come to my house and talk about fishing, some other stuff, we’ll be good friends. You come around talking about baseball, you go on. I don’t talk about his business. You know what I mean?”

Which made absolutely no sense. He eventually said no, Anderson never injected him.  Ego demands that, at this point, I reproduce my analysis of this charge from March 2008:

The famous “don’t come to my house talking baseball” digression. Bonds offers it – and a few paragraphs more about not knowing what’s in his wife’s purse and “getting into other people’s business” – in response to a simple question: “Did Greg ever give you anything that required a syringe to inject yourself with.” It’s a total non-sequitur on Bonds’ part, and seems distinctly like someone vamping while trying to figure out how to answer a question he doesn’t want to answer.

The question is why he’s doing this? To that point he’s done a pretty convincing job of playing dumb. Even if Bonds himself knows that he’s being injected with illegal North Korean nuclear secrets, he’s probably Scot free if he says “yes,” and when asked what he was injected with says “I don’t know.” Instead he draws glowing neon attention to himself with his non-answer, and it prompts follow up questions about injections, many of which can be found in the indictment.

What is Bonds doing? To me the answer appears obvious: he’s trying to protect Greg Anderson. No other explanation makes sense. Simply saying he was injected with something does nothing to put him in any worse a light than the stuff he’s already says. The issue of syringes are ultimately inconsequential, but as I note above, the thing he’s probably most likely to be convicted of lying about at trial. How utterly pathetic.

Know what I think? I think this was the one time when the prosecution asked Bonds a simple question that required a yes or no answer and Bonds, unable to truthfully say no, kind of freaked out and ultimately lied.  If they did this with the steroids-related questions he may have pleaded out years ago or he may be convicted now.  But he was allowed to weasel and, ultimately, was allowed to testify without explicitly lying on those points.  With the syringe question, however, he’s fairly dead to rights.

The interesting question is going to be what we make of it all if Bonds is convicted on a single count of lying about something that doesn’t itself involve steroids.  Some people have sought to make Bonds and Roger Clemens special cases among PED users because they allegedly lied rather than come clean (the Andy Pettitte corollary, we can call it). If Bonds is acquitted of lying about his use under oath, these people will need a new argument to stay intellectually inconsistent it seems. Or, I suppose, they could cite his lie under oath about a syringe as the same thing. Or they could just join in with the “Bonds is a bad seed crowd” and forget their prior distinction.

It does seem to me, however, that the legal and public case against Barry Bonds was premised on more than a mere lie about whether a syringe was ever used on his body by someone other than his doctor. If that’s all that comes out of this, I don’t see how one can conclude that this was a success by any measure.

  1. Jonny 5 - Apr 4, 2011 at 10:02 AM

    7 years and 6 million dollars later.

  2. Loren - Apr 4, 2011 at 11:06 AM

    For those that want to make Bonds a special case because he lied, I don’t think a acquittal will do much to change their minds. Those folks have already decided that he lied and even if the case is not strong enough to hold up in court, it doesn’t mean he’s been proven innocent for them. I still think he gets in the HOF, but it could be a long slog.

  3. The Dangerous Mabry - Apr 4, 2011 at 12:08 PM

    Looks like the Government will NOT rest today. There’s a juror with kidney stones, for one thing. For another, apparently they’ve magically uncovered a recording from 5 years ago between Hoskins and Ting, and may recall both witnesses to discuss it.

  4. mogogo1 - Apr 4, 2011 at 1:10 PM

    If Bonds were even halfway likable, he’d be home free. (And he might still get off.) This has been an incredible waste of time and money.

    And get ready for Round 2 when they try to nail Lance Armstrong. Based on the government’s performance in this case, Armstrong isn’t going to have much to worry about. To convict him, the govt will need a jury where everybody buys into the complicated fraud case they’re going to try and prove and not a single member is predisposed to siding with the celebrity cancer survivor. That’s not going to happen. If Bonds is acquitted, my money is on the Armstrong case quietly going away.

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