Did he lie? Barry Bonds on trial

Barry Bonds is scheduled to go on trial Monday on charges that he lied to a federal grand jury in 2003 when he testified that he had never knowingly used performance-enhancing drugs. (Getty Images)

SAN FRANCISCO — It has the makings of a Greek tragedy, or perhaps a tawdry soap opera.

Glorified for his home run records and vilified for his hubris, Barry Bonds will become an unwilling participant in a courtroom drama beginning Monday that includes his former mistress, a trainer who chose prison over betrayal, a former teammate who claims Bonds admitted using steroids and a woman who says she witnessed the slugger being injected.

But strip away the sensation, and the case is a simple one: Was Bonds lying when he told a federal grand jury in 2003 that he never knowingly used performance-enhancing drugs?

In documents unsealed Feb. 13, the government revealed its plans to call 39 witnesses in the perjury and obstruction of justice case. Among them are Bonds’ former lover Kimberly Bell, former personal assistants, Oakland A’s slugger Jason Giambi and former teammates Benito Santiago, Bobby Estalella, Marvin Bernard and Armando Rios.

For prosecutors, the case is no home run, said Bob Talbot, law professor at the University of San Francisco.

“When you pull away and look at it, it’s a little like ‘Where’s the beef?’” Talbot said. “You have the feeling circumstantially that he knew he was using steroids, but the government hasn’t come up with something that shows he knew.”

Urine samples that tested positive for performance-enhancing drugs were barred from evidence last week by the federal judge overseeing the case, since Bonds’ former trainer and alleged steroids supplier, Greg Anderson, has vowed never to take the stand.

Anderson, who went to jail for a year rather than testify against his childhood friend, collected the samples and is the only one who can say with certainty whether the samples belong to Bonds.

Anderson’s lawyer, high-profile defense attorney Mark Geragos, has said the government retaliated against his client for refusing to testify in the upcoming trial by launching a tax probe of his wife and her mother. On Jan. 28, federal agents raided the mother-in-law’s home in Redwood City.

The strength of the Bonds case will hinge on the credibility of its witnesses, Talbot said. With a half-dozen former teammates describing how they obtained steroids from Anderson, the evidence appears damning. But it may not be enough to sink the slugger.

“What can the defense do to show jealousy or bias on the part of the players testifying? There’s always the opportunity to examine their motives and their memories,” Talbot said.

Rory Little, a professor at UC Hastings College of the Law, said that even if prosecutors prove Bonds used performance-enhancing drugs, it will not result in a conviction on the perjury charges.

“They certainly have evidence Bonds used steroids, but that’s not the question,” Little said. “The question is whether he knew he had used them in 2003.”

Perjury cases are notoriously difficult to win because prosecutors must prove what was inside someone’s mind, Little said.  “You never have direct evidence, it’s always inferential,” he said.

Another challenge to the trial is that prosecutors may have a tough time finding jury members who haven’t already formed an opinion regarding athletes and performance-enhancing drugs.

Robert MacCoun, a UC Berkeley Boalt Hall law professor and an expert in jury selection, said Bonds’ celebrity creates special challenges.

“It’s reminiscent of the O.J. Simpson case, where you have someone who is just so extremely familiar that you have to wonder if someone who has never heard of them is still representative of the community,” MacCoun said.

That said, picking the perfect jury would be difficult for either side.

“It is not generally the case that lawyers are extremely accurate in predicting how juries are going to react,” MacCoun said. “Just because someone knows about a case doesn’t mean you can predict the direction of their judgment. There’s some risk of pretrial publicity bias, but it’s a manageable risk.”

Another wild card will be defense attorneys’ decision on whether to put Bonds on the stand.

Talbot called the idea of Bonds testifying “very dangerous.”

The former Giants slugger has a history of clashes with the media and a reputation of staying removed from others, even his teammates.

“It would help if he was the warm Barry Bonds all the way through and had good answers to hard questions, but you can only prepare a witness so far,” Talbot said. “The whole case could come down to, ‘Do you believe him or don’t you believe him?’”

If prosecutors fail to convict Bonds after spending years and millions on the case, the public rebuke could be sharp.

“The government thinks they can prove this without a reasonable doubt or they’re throwing away a lot of money,” Talbot said. “If they don’t have a strong case, I think a lot of people are going to be angry.

“Given what’s happening today with the economy, I don’t think this is a high priority for most people.”

Bonds’ image won’t hit any more homers

As the dogged pursuit of Barry Bonds draws to its crescendo, one thing is for certain: Even if he beats the charges, the slugger’s mug will never grace a box of Wheaties.

“No matter what, he’s not going to find any endorsements,” Golden Gate University law professor Bob Talbot said.

If Bonds is convicted, it is expected that he would face less than the maximum sentence of five years in federal prison. Cyclist Tammy Thomas and former San Francisco 49er Dana Stubblefield, both convicted of lying about steroid use during the BALCO probe, were slapped with probation, with Thomas also facing home confinement.

A conviction may not tarnish his appeal with fans, however.

“If you’re a person who can deliver the big blow, people don’t mind how shameful you are otherwise,” said Joseph McBride, a San Francisco State University film professor who wrote “High & Inside: The Complete Guide to Baseball Slang.” “Americans confuse notoriety and fame. Someone who is notorious gets a lot of play in this culture.”

But does Bonds, who hasn’t formally retired, still have a future in baseball?

Major League Baseball Commissioner Bud Selig could suspend or ban Bonds — now a free agent — from the game, either for steroid use or a perjury conviction, said Howard Wasserman, a Florida International University law professor who writes the Sports-Law Blog.

Effectively banning Bonds from the sport by putting him permanently on the ineligible list would also make him ineligible for the Baseball Hall of Fame, Wasserman said.

It’s an unlikely option, however, since the rules against perjury and steroids, particularly in 2005, were not clear.

There has also been talk that Selig might officially return the home run record to 755, down from Bonds’ record of 762. The move would in essence give the record back to Hank Aaron — although the baseball great has already gone on record saying he wouldn’t support such a move.

Courtroom saga’s lineup

BARRY BONDS
The accused
The former San Francisco Giant and current free agent has pleaded not guilty to charges of perjury and obstruction of justice. Prosecutors claim Bonds lied to a 2003 grand jury about taking steroids when he said he believed substances he used were flaxseed oil and arthritis balm.

SUSAN ILLSTON
The arbiter
The U.S. District judge presided over the BALCO steroids cases, and the related perjury cases of cyclist Tammy Thomas and former San Francisco 49er Dana Stubblefield. Illston handed down probation for Thomas and Stubblefield and home confinement for Thomas.

MICHAEL RAINS
The defender
The cop-turned-defense attorney will argue Bonds’ innocence. Rains is known for successfully defending cops in the Oakland Riders scandal and winning acquittal for the Corcoran 8, prison guards charged with staging inmate fights. He also represents Johannes Mehserle, the former BART officer accused of killing an unarmed passenger.

GREG ANDERSON
The loyalist
Bonds’ former trainer and alleged steroid supplier opted for a year in jail rather than testify before a grand jury probing perjury accusations against the home run king. Anderson appears on the prosecution’s witness list, but has often said he will not testify against his childhood friend. He is due to appear before the judge again Friday.

MARK GERAGOS
The high-profile help
Greg Anderson’s defense attorney counts Michael Jackson, Winona Ryder and Scott Peterson among his clients. When Anderson was sent to prison in 2006 for refusing to testify against Bonds to a federal grand jury, Geragos attempted to fight the contempt of court charge.

LARRY IZZO
The linebacker
The only NFL player on the government witness list, the New England Patriots’ linebacker is expected to testify that he received performance-enhancing drugs in 2003 from former Bonds trainer Greg Anderson, who also gave Izzo instructions on using the banned substances.

KATHY HOSKINS
The witness
Bonds’ former personal shopper and the sister of Bonds’ former business manager Steve Hoskins is expected to testify she personally witnessed Anderson inject Bonds with a syringe. However, there is no indication Hoskins knew the contents of the syringe. Still, her testimony will be among the most critical.

STEVE HOSKINS
The recorder
The childhood friend and former business manager of Barry Bonds secretly tape-recorded a locker-room conversation with Greg Anderson in which the trainer talks about injecting Bonds. The slugger’s attorneys say Hoskins was stealing from Bonds and was recording the conversation in order to blackmail him.

KIMBERLY BELL
The mistress
Bonds’ former mistress will take the stand to testify that Bonds told her he used performance-enhancing drugs. Bell is expected to testify about the physical changes Bonds allegedly suffered due to steroid use, including shrunken testicles, hair loss and acne.

BOBBY ESTALELLA
The corroborator
Bonds’ former teammate is expected to testify that Bonds admitted his steroid use. Estalella, who was also linked to the BALCO scandal, was named in Major League Baseball’s Mitchell Report, which had circumstantial evidence of steroid use by players.

JEFF NOVITZKY
The tax man
The former IRS agent investigated the use of steroids in professional sports, touching off scandals involving Bonds, Marion Jones and BALCO. Information supplied by Novitzky was featured heavily in the Mitchell Report. Bonds’ attorneys argue the Novitzky harbors a vendetta and is biased.

JASON AND JEREMY GIAMBI
The brothers grim
Jason Giambi, left, of the Oakland A’s and his retired brother, Jeremy, will be called to testify about their own steroid use. The Giambi brothers are expected to testify about obtaining the banned substances from Anderson. Jason Giambi admitted to the 2003 grand jury that he had used steroids.

BENITO SANTIAGO
The confessor?
The former Giant is expected to testify of his own steroid use and dealings with Anderson. Santiago was also named in the Mitchell Report on steroid use. The report describes the discovery of syringes in Santiago’s locker in the Giants’ clubhouse.

STAN CONTE
The trainer
The Giants’ head trainer during Bonds’ alleged steroid use testified before the federal grand jury in April 2006 that Bonds told him he was having his blood tested and that BALCO was developing a supplement program from him based on the blood analysis. Conte took a job with the rival Los Angeles Dodgers after the 2006 season.

VICTOR CONTE
The brains
The founder of Bay Area Laboratory Cooperative in Burlingame pleaded guilty in 2005 to one count of conspiracy to distribute steroids and one count of laundering. He was sentenced to four months in prison and four months of house arrest and is now writing a book about the doping program.

ED BARBERINI
The wild card
The member of the San Mateo County Sheriff’s Department will be called by the defense, which claims Jeff Novitzky, the lead federal investigator in the BALCO case, lied in court documents. Bonds’ attorneys say Barberini met with prosecutors to tell them about the allegedly false statements made by Novitzky.

Legal statistics

Barry Bonds is best known for home run records, but now must deal with court records:

39
Witnesses that prosecutors said they planned to call at the trial, which begins Monday

11
Counts of perjury and obstruction of justice Bonds is charged with, related to his 2003 grand jury testimony in which he said he did not knowingly take steroids

8
Lawyers on Bonds' legal team

5½
The number of years since the federal raid on the BALCO lab

3
Positive steroid tests that a federal judge recently ruled inadmissible as evidence

1
Number of years Bonds’ former trainer Greg Anderson spent in prison for contempt of court rather than testify against Bonds

U.S. v. Barry Bonds

Charges: 10 counts of perjury and one count of obstruction of justice for allegedly lying to a grand jury about taking steroids

Trial is scheduled to begin Monday in San Francisco