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Feds Create Confusion Over Bonds' Steroid Tests

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Feds Create Confusion Over Bonds' Steroid Tests

SAN FRANCISCO (CBS 5 / KCBS / AP) ― A typo in court papers regarding Barry Bonds filed late Thursday by federal prosecutors touched off a brief tempest over the mistaken belief that he failed a drug test in November 2001, one month after breaking the single-season home run record of 73.

"At trial, the government's evidence will show that Bonds received steroids from Anderson in the period before the November 2001 positive drug test, and that evidence raises the inference that Anderson gave Bonds the steroids that caused him to test positive in November 2001," assistant U.S. Attorney Joseph Russoniello wrote in the court brief.

In fact, the government meant to reference a previously reported November 2000 failed drug test, according to Josh Eaton, a spokesman for the U.S. attorney's office in San Francisco. That drug test was included in the indictment unsealed last year, when prosecutors said the test was for a player they called ''Barry B.''

The filing amounted to federal prosecutors defending their questioning of Bonds before a grand jury, and urging a judge to keep the slugger's perjury prosecution on track.

Bonds had argued that the questions posed to him by prosecutors were ambiguous and confusing. He demanded that the five-count indictment charging him with lying to a grand jury be tossed out. Bonds has pleaded not guilty.

In the court filing, prosecutors said Bonds was specifically told before he began testifying in 2003 that he could consult with his lawyers or ask for a question rephrased if he ever got confused.

''Bonds never said he was confused or asked the prosecutor to rephrase a question,'' the government's filing stated.

Instead, they said their questions left no doubt that they were asking Bonds about his drug use and his relationship with personal trainer Greg Anderson.

Prosecutors said ''as the evidence at trial will show, each count charges that Bonds repeatedly lied in answering the same question or questions on the same subject matter.''

The matter will be the subject of a court hearing before U.S. District Court Judge Susan Illston onĀ Feb. 29.

In a related proceeding, Anderson and BALCO founder Victor Conte are expected in court Friday for a hearing on whether they can keep all the evidence prosecutors turned over to them from the government's investigation of steroids in sports. Federal prosecutors want the two convicted steroids dealers to return the documents.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)