Sports

Bonds' Grand Jury Transcript Reveals New Details

 Download Transcript Of Bonds' Grand Jury Testimony (.pdf)

SAN FRANCISCO (CBS 5 / AP / BCN) ― New evidence was revealed Friday with the release of the transcript of Barry Bonds' testimony before a federal grand jury investigating steroids, including the results of a urine test that contained higher-than-normal levels of testosterone that was not included in his indictment.

U.S. District Court Judge Susan Illston ordered the unsealing of Bonds' testimony, making public for the first time exactly what the home run king said under oath about his use of performance-enhancing drugs. 

The judge also told prosecutors to redraft their indictment of Bonds so that each of the five counts against him don't cite multiple statements that prosecutors believe are false.

Prosecutors originally accused Bonds of lying 19 different times during his grand jury appearance, but only charged him with four counts of perjury and one count of obstruction of justice.

Bonds' defense argued that some of the counts contained as many as four or five alleged false statements and that it would be possible for a jury to convict him without agreeing which statements were false.

Illston ruled that the perjury counts lodged against Bonds were clearly "duplicitous," a legal term meaning two or more offenses were charged in a single count. 

She sided with Bonds' attorney Dennis Riordan and said that prosecutors must edit out many of the alleged lies or seek a new indictment, which could contain more charges.

Prosecutors are expected to decide whether to seek a new indictment before Bonds' next court date March 21. They declined comment outside court.

Bonds' Dec. 4, 2003 grand jury testimony was extensively reported on by the San Francisco Chronicle in December 2004 and in the 2006 book "Game of Shadows," written by the reporters from the original newspaper account. However, Friday was the first time the entire 149-page document was released publicly.

Illston said she decided to order the unsealing of Bonds' testimony after Assistant U.S. Attorney Douglas Wilson told her during Friday's court hearing that prosecutors contend Bonds' "entire testimony" before the grand jury was the obstruction of justice referred to in the indictment's fifth count.

The judge said it was therefore appropriate to unseal the full transcript.

Outside of court, Bonds' lead attorney Allen Ruby said the defense was pleased with the unsealing.

Ruby told reporters, "The more light that shines on this is a good thing. You'll be able to make up your own minds."

Although the indictment last fall discussed a November 2000 test that showed elevated testosterone and the Chronicle reporters wrote about a November 2001 test that showed an acceptable level, the transcript revealed another sample that previously had not received attention.

A document labeled "BB" with Bonds' date of birth refers to a sample taken in January 2001 for testing by the Bay Area Laboratory Co-Operative, known as BALCO, according to federal prosecutors who questioned Bonds during his three-hour grand jury appearance.

BALCO was the center of a performance-enhancing drug ring. Bonds' personal trainer Greg Anderson, founder Victor Conte and three others pleaded guilty to steroids distribution charges.

In his appearance before the grand jury, Bonds said he didn't understand the results from the January 2001 test prosecutors showed him and then said "that some people may have more testosterone levels than others."

The Chronicle obtained the transcripts from lawyer Troy Ellerman, who was sentenced to two years in prison after he was unmasked as the newspaper's confidential source.

The transcript could bolster each sides' case. In parts, Bonds flatly denies ever taking steroids or human growth hormone, which prosecutors allege are lies.

During the grand jury testimony, prosecutor Jeff Nedrow confronted the slugger with "doping calendars" bearing Bonds' initials and other evidence: "Now, with what you've seen today, do you feel comfortable as you sit here today saying that you have never taken steroids?"

Bonds replied: "I feel very comfortable, very comfortable."

However, in other parts of Bonds' testimony, Bonds hedged and said he became suspicious of some of the creams and oils Anderson had provided to him.

Bonds testified he became suspicious after Anderson's house was raided that his childhood friend might have been providing him with steroids masquerading as flax seed oil and arthritis cream.

Bonds said he never asked Anderson what he was taking because he trusted the trainer. He also said he didn't ask Anderson about his relationship with BALCO.

Anderson was released from prison after spending a year locked up for refusing to testify about his relationship with Bonds. Anderson is expected to be called to testify if Bonds' case goes to trial. Anderson maintains he will refuse to testify if ordered, meaning he could return to prison.

Bonds said he doesn't pry into anyone's life, including that of his wife.

"I've been married to a woman five years, known her for 17 years, and I don't even know what's in her purse," he testified. "I never looked in it in my lifetime."

The former San Francisco Giants star, who played for the team from 1993 to 2007 and now remains an unsigned free agent, was not required to attend Friday's hearing and has been excused from the next court date, too.

The indictment, unsealed last November, had cited snippets of testimony that prosecutors allege are lies, including Bonds denying ever ingesting steroids or human growth hormone and denying Anderson ever injected him with steroids.

The 43-year old Bonds was charged 100 days after breaking Hank Aaron's career home run record and it culminated the government's four-year investigation into steroid use by elite athletes. 

Bonds has posted a new message on his Web site, but did not mention his criminal case.

"I have been getting a lot of e-mails asking what I've been up to this past offseason. This winter has been the first time in my career that I've had the chance to take time for myself and really enjoy the time off. While at home with my family I have been able to work out of my office concentrating on my various companies, attending meetings as well as making a few business trips," Bonds said the posting on barrybonds.com.

"I continue to work out and feel in great shape. Thank you again for your continued support for me and my family; it truly helps keep me strong."

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