Judge unseals documents in Bonds case

February 4, 2009 12:00:00 AM PST
Recently unsealed court documents are shedding light on the government's case against Barry Bonds.

The unsealed documents show the government believes Barry Bonds was using BALCO labs too see if anabolic steroids would show up in blood and urine tests.

Prosecutors say lab tests ordered by BALCO show Bonds' urine tested positive for two different injectable steroids in 2000 and 2001.

The government says that is proof he lied to a 2003 grand jury when he said he never knowingly used illegal performance enhancing drugs saying, "The test results raised the inference that Bonds was a knowing recipient of steroids who was knowingly having his blood and urine tested as part of his regimen of steroids use and receipt."

Click here to view the unsealed documents. (PDF)

"He was systematically sending blood and urine samples to a lab to see whether the steroids were showing up in his system, that's the governments theory; whether they can support it or not is the real question" ABC7 legal analyst Dean Johnson.

The unsealed documents also include what prosecutors say are logs and calendars of Bonds' doping schedule, kept by his personal trainer Greg Anderson.

Anderson has pleaded guilty to distributing steroids and money laundering, and he spent a year in jail for refusing to testify before the grand jury investigating Bonds.

There is also the transcript of a taped conversation between Anderson and Bonds' personal assistant, Steve Hoskins, who made the recording on his own.

The two talk about the dangers of injecting too much steroid in one place.

Hoskins asks, "Is that why Barry didn't do it in one spot? And you didn't just let him do it once?"

Anderson replies, "Oh no I never, I never just go there, I move it all over the place."

But Anderson does not want to testify and the defense says without him, none of the calendars, logs, the tape or the drug tests can be allowed in the trial. Bonds gave the samples directly to Anderson who then gave them to BALCO.

The defense argues "if Anderson does not testify for the government...Mr. Bonds will be stripped of the opportunity to confront and cross-examine the most prejudicial, but least reliable, evidence against him."

It will be up to the judge to decide if the evidence will be allowed. If so, Golden Gate University law professor Peter Keane thinks the defense could be in trouble.

"This is objective, neutral evidence of steroid use by Barry Bonds, and that's going to be very powerful in the government's case to show that he was using those steroids and therefore he lied to the grand jury when he said he was not," Keane said.

But Anderson's former lawyer disagrees.

"I think the three tests manifest that it was in his bodily fluids, but it never proves he knowingly took it, that's what I think is the cornerstone of the defense," Tony Serra said.

Anderson's current lawyer Mark Geragos has said the government is, "obsessed" with getting Anderson to testify about Bonds, but he never will.

The judge will hear arguments from both sides Thursday morning. She is not expected to issue her decision then, but she will have to do it soon - the trial begins March 2, 2009.