The New York Times reported that a urine sample Barry Bonds had provided during Major League Baseball’s anonymous “survey” testing in 2003 had tested positive for “performance-enhancing substances.” The samples were seized in a raid in 2004.
According to the report, the samples did not test positive in 2003, but were tested again as part of the current investigation. It is not known if the urine samples tested positive for designer BALCO drugs or others.
On February 5th, United States District Judge Susan Illston will hear arguments about the admissibility of evidence including “those samples and other evidence, including doping calendars and handwritten notes.”
Bonds’ attorneys are certain to question the chain of custody of any blood or urine sample.
ESPN also reported this week that Bonds’ former teammate, Bobby Estalella, has been subpoenaed to testify in the March 2 trial. Estalella reportedly will “provide significant testimony to support the government's contention that former San Francisco Giants outfielder Barry Bonds knowingly took steroids.” During the BALCO investigation, Estalella admitted using THG, “The Cream” and human growth hormone provided by Greg Anderson.
According to ESPN’s TJ Quinn and Mark Fainaru-Wada, Estalella is just “one of several of Bonds' former teammates expected to be subpoenaed for the trial.”
Jason and Jeremy Giambi are also expected to testify, as first reported by the New York Times. The Giambis are not expected to say anything that hasn’t already been made public.
The newspaper (New York Times) said prosecutors want to use testimony from the Giambis, teammates in Oakland in 2000 and 2001, to show that Anderson developed doping calendars for them. Then the prosecutors could argue that Anderson made similar calendars for Bonds, the Times said, citing an unidentified person briefed on the government's evidence.
On February 2 Judge Illston, upon rejecting a motion to file a series of documents under seal, issued an order saying that she would unseal “some” of the evidence that the government intends to use against Bonds. The evidence was released February 4.
The defense had argued that making the material public now could hinder Bonds' ability to get a fair trial. However, Illston said she received a letter from media representatives on Jan. 30 requesting that the sealing order be lifted, and she ruled Monday that releasing the documents would not impair Bonds' Sixth Amendment right to a fair trial.
Again according to the New York Times, the government is continuing to pressure Anderson to testify. On January 28, 20 federal agents raided Anderson’s mother-in-law’s home.
Bonds was indicted in November 2007, and the authorities have since targeted Anderson’s mother-in-law, Madeline Gestas, and Anderson’s wife, Nicole Gestas, in an effort to put more pressure on Anderson to testify. The authorities have focused on the finances of Madeline Gestas, a California businesswoman who has been the subject of tax liens. Nicole Gestas is also under investigation in connection with her own finances.
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