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Thursday, April 7, 2011
What the jury wasn't told

By Mark Fainaru-Wada
ESPN.com

SAN FRANCISCO -- The jury deciding the Barry Bonds perjury and obstruction of justice case wasn't provided information that the public has been informed about over the years through other court cases, investigations and documents. A list of that information:

The jailed witness: Greg Anderson, the personal trainer who previously pleaded guilty to distributing steroids to professional baseball players, has spent 14 months in prison for his refusal to testify against Bonds. On the second day of the trial, Anderson once again refused to testify and went back into custody. Because of Anderson's refusal to testify, a stream of evidence was ruled inadmissible, including:

•  Results from urine and/or blood tests revealing Bonds tested positive three separate times in 2000 and 2001 for the injectable anabolic steroid methenolone. Two of those tests also showed positive for the steroid nandrolone.

•  Documents showing Bonds had elevated testosterone levels consistent with steroid use.

Greg Anderson
Greg Anderson with his attorneys in San Francisco.

•  Calendars with either Bonds' name or initials, purportedly directing Bonds' performance-enhancing drug regimen, including dates and quantities. The drugs included human growth hormone, insulin and the "designer" steroids "the clear" and "the cream."

•  Records detailing Bonds' steroid use from 2001 to '03, with references to injectable steroids, HGH and other substances.

Anderson's interview: Details of IRS agent Jeff Novitzky's interview with Anderson, who reportedly named several ballplayers to whom he provided performance-enhancing drugs. According to the record of that interview, when confronted with documents implicating Bonds with receiving drugs, Anderson said he thought he should end the interview because he didn't want to go to prison. Reason why it was not entered as evidence: Judge's ruling.

Recorded conversation: A portion of a secretly recorded conversation between Anderson and Bonds' former business partner Steve Hoskins, in which Anderson claims he will be tipped off a week or two before Bonds is to be tested in 2003 by Major League Baseball. The jury did, however, hear two other portions of the recording. Reason why it was not entered as evidence: Judge's ruling.

Another secret recording: This time between Hoskins and Bonds' personal orthopedist, Dr. Arthur Ting, in which the two men appear to discuss Bonds and steroids in the wake of the September 2003 raids on BALCO. The government had hoped to use the recording to raise questions about testimony from Ting, who seriously damaged the prosecution's case by contradicting testimony from Hoskins that the two men had extensively discussed Bonds' steroid use. Reason why it was not entered as evidence: Judge's ruling.

Ting's background: Information that Ting has twice been disciplined by the Medical Board of California, including a five-year probation (2004-09) for repeated negligence. The Medical Board indicated Ting was prescribing "dangerous drugs and controlled substances to friends and acquaintances, particularly athletes, for whom he kept no medical records or for whom the medical records were fictitious, inadequate or inaccurate." As well, according to media reports, one of Ting's sons tested positive for steroids while a football player at USC. Reason why it was not entered as evidence: Prosecutors opted not to treat Ting as hostile witness and bring up the issues in court.

Alleged Bonds aggression: Statements by former girlfriend Kimberly Bell that Bonds once choked and threatened to kill her in an incident as their relationship was ending. The government had hoped to introduce this to bolster its claims that Bonds suffered intense emotional swings as a result of steroid use. Reason why it was not entered as evidence: Judge's ruling.

Bonds voicemail: Threatening voicemail messages Bonds left for Bell as their relationship deteriorated. Reason why it was not entered as evidence: Judge's ruling.

Baseball player testimony: Further testimony from four current or former Major League Baseball players (Jason and Jeremy Giambi, Marvin Benard and Randy Velarde) who were limited to speaking only about conversations they had with Anderson and the drugs they received from him. They were not allowed to describe what they themselves knew or believed about the drugs they were taking. Reason why it was not entered as evidence: Judge's ruling.

BALCO witness: Testimony from former BALCO vice president James Valente that Anderson told him samples provided for testing came from Bonds. Valente also reportedly told the government that on one occasion, Anderson asked him to remove Bonds' name from a sample in order to shield his identity. However, beyond this, the government opted not to call Valente to testify about his interactions with Anderson; one source said that was because Valente was to state the ballplayers were not told that "the cream" and "the clear" were steroids. Reason why it was not entered as evidence: Prosecutors opted not to call him to testify.

Improper Novitzky actions: A report that alleged Novitzky, the lead investigator in the BALCO probe, acted improperly during various stages of the investigation. Included were allegations of $600 missing out of more than $6,000 seized during a raid on the home of Greg Anderson. Reason why it was not entered as evidence: Judge's ruling.

Selective prosecution: The defense could not argue this was a selective prosecution of Bonds, that the government was out to get him. Reason why it was not entered as evidence: Judge's ruling.

Mark Fainaru-Wada is a reporter for ESPN's Enterprise/Investigations unit. He can be reached at markfwespn@gmail.com.