As promised, Judge Susan Illston unsealed more than 200 pages of evidence the prosecution intends to use in its case against Barry Bonds. While most of the evidence has been leaked to some degree, seeing it all in one place was staggering. The Associated Press and the New York Times raced though the evidence (separately) adding to their stories as the day went on.
The evidence contained the results of 26 blood or urine tests, five of which the government says Bonds tested positive for performance enhancing drugs. Three of the positive tests came from BALCO, the other two from Major League Baseball. One of the tests referred to by prosecutors is a positive test for amphetamines from 2006. The amphetamine test was first reported by the New York Daily News in early 2007.
Another piece of evidence is the recorded conversation from 2003 between Greg Anderson and Bonds’ former business partner, Steve Hoskins. Parts of the conversation were reported by the San Francisco Chronicle in 2004, and then in Game of Shadows, though not the identity of Hoskins.
Anderson: No, what happens is, they put too much in one area, and ... actually ball up and puddle. And what happens is, it actually will eat away and make an indentation. And it's a cyst. It makes a big [expletive] cyst. And you have to drain it. Oh yeah, it's gnarly. ... Hi Benito. ... Oh it's gnarly.
Hoskins: ... Is that why Barry's didn't do it in one spot, and you didn't just let him do it one time?
Anderson: Oh no. I never. I never just go there. I move it all over the place.
According to the documents, Hoskins said he recorded the conversation with Anderson to try to prove to Bonds’ father, Bobby Bonds, that his sun was using steroids.
The government intends to call not only Bobby Estalella (reported earlier this week) and the Giambi brothers, but also Benito Santiago and Marvin Benard. Estalella, Santiago and Benard are all said to have had doping calendars similar to those attributed to Bonds, as well as having been supplied drugs by Anderson.
The documents contained a transcript of the questioning of BALCO vice president, James Valente, about drug tests done through BALCO.
Valente: "He said, 'Do me a favor. Can you switch my name for Barry's?' and I said, 'if that's what you want me to do,' Valente testified.
Prosecutor: "… was there a concern stated by Mr. Anderson that Mr. Bonds wanted some privacy or was concerned about it for some reason?"
Valente: "Yes. He just said -- he said Barry wanted, you know, some privacy, so he didn't want his name on it."
Prosecutor: "So did that suggest to you that Mr. Bonds was aware this was happening?"
Valente: "I believe so. Yes."
The government also plans to use messages that Bonds left on his former mistress, Kimberly Bell’s phone. These are presumably the same, sometimes threatening, messages detailed in Game of Shadows.
Judge Illston will hear arguments tomorrow about whether or not some of this evidence will be admissible in the March 2nd trial.
“While it may seem damning now, the judge may exclude a lot of the evidence and it may never make it before the jury,” said Carl Tobias, a professor of law at the University of Richmond, in assessing the new information about the case. “But with all the attention being given to the case, the judge is going to have to be extra careful that the jury she seats has not been prejudiced by this information.”
- Positive Drug Tests in Bonds CaseNew York Times
- Judge unseals evidence in Bonds caseAssociated Press via ESPN
