LAW REVIEW

Published in the Sierra Sun September 27, 2013

By: Jim Porter

BARRY BONDS GUILTY OF OBSTRUCTING JUSTICE

The Giants’ Barry Bonds was one of the greatest hitters to ever play the game. Unfortunately, and unnecessarily given his skill as a player, he got sucked into ’s so-called Steroid Era, a period from 1988 to 2004.

Personally, I think the Steroid Era is still going and should be defined: 1988 to

Present.

Barry and Willie

Being a Giants fan, with as my baseball hero, I really liked the opening paragraph of this federal Court of Appeals decision: “Barry Bonds was a celebrity child who grew up in baseball locker rooms as he watched his father

Bobby Bonds and his godfather, the legendary Willie Mays, compete in the Major

Leagues. Barry Bonds was a phenomenal baseball player in his own right. Early in his career he won MVP awards and played in multiple All-Star games. Toward the end of his career, playing for the , his appearance showed strong indications of the use of steroids, some of which could have been administered by his trainer, Greg Anderson. Bond’s weight and hat size increased, along with the power that transformed him into one of the most feared hitters ever to play the game. From the late through the early-

2000s, steroid use in baseball fueled an unprecedented explosion in offense, leading some commentators to refer to the period as the ‘Steroid Era.’”

Steroid Era

In 2002, the federal government through its Criminal Investigation Division

of the Internal Revenue Service, began investigating the distribution of steroids

and other performance enhancing drugs. The government’s purported objective

was to investigate whether the distributors of PEDs laundered the proceeds

gained by selling those drugs. In fact, they were after drug users and

distributors, not money launderers.

What the government wants it gets, so after raiding the Bay Area

Laboratory Co-operative (BALCO), the government convened a Grand Jury and

demanded that Barry Bonds testify. He was given immunity as long as he told

the truth. How could he go wrong, always tell the truth, right?

The government asked Barry lots of questions, especially about his trainer

Greg Anderson and , the founder of BALCO.

After Bonds testified, he was charged with perjury, obstructing the Grand

Jury’s investigation and with obstruction of justice.

Bonds’ Testimony

You be the judge, does Barry’s answer before the Grand Jury sound at all

evasive and misleading?

Question: Did Greg (Anderson) ever give you anything that required a

syringe to inject yourself with? [Sentence ends with a preposition but we’ll let it

go.]

Answer: I’ve only had one doctor touch me. Ant that’s my only personal

doctor. Greg, like I said, we don’t get into each others’ personal lives. We’re

friends, but I don’t – we don’t sit around and talk baseball, because he knows I

don’t want – don’t come to my house talking baseball. If you want to come to my house and talk about fishing, some other stuff, we’ll be good friends, you come around talking about baseball, you go on. I don’t talk about his business. You know what I mean?

Question: Right

Answer: That’s what keeps our friendship. You know, I am sorry, but that

– you know, that – I was a celebrity child, not just in baseball by my own instincts.

I became a celebrity child with a famous father. I just don’t get into other

people’s business because of my father’s situation, you see.

Barry Bonds Indicted

After that brilliant non-responsive answer under penalty of perjury before

the Grand Jury, Bonds was indicted for making “intentionally evasive, false and

misleading statements.” He had five different explanations including that most of

what he said was factually true, even if non-responsive. In the end, the federal

Court of Appeals upheld the conviction, writing, “The [Bonds] statement served to

divert the grand jury’s attention away from the relevant inquiry of the

investigation, which was Anderson and BALCO’s distribution of steroids and

PEDs. The statement was therefore evasive.”

30 Days?!

Barry Bonds got 30 days home confinement and two years probation.

Maybe there’s another conviction for use of steroids that I missed, but in this

case, Bonds got off light considering the damage he and others did to the

reputation of baseball.

Hopefully Barry has cleaned up his act. Baseball hasn’t.

Jim Porter is an attorney with Porter Simon licensed in California and

Nevada, with offices in Truckee and Tahoe City, California, and Reno, Nevada.

He was the Governor's appointee to the California Fair Political Practices

Commission involving election law and the Political Reform Act. Jim’s practice areas include: real estate, development, construction, business, HOA’s, contracts, personal injury, mediation and other transactional matters. He may be reached at [email protected] or at the firm’s web site www.portersimon.com. Find us on Facebook. ©2013