Feds say Bonds used steroid, masking agent

Thursday, February 5, 2009


Print Comments 
Font | Size:

(02-04) 17:57 PST SAN FRANCISCO -- Former Giants slugger Barry Bonds used the BALCO designer steroid "the clear" during the 2003 baseball season and at the same time was taking a female fertility drug that can help beat steroid tests, federal prosecutors say.

Bonds' trainer, Greg Anderson, was secretly tape-recorded that same year describing the regimen of undetectable banned drugs that baseball's all-time home run leader was using, the prosecutors said in documents made public Wednesday.

The government said Anderson had been taped by Bonds' longtime business manager, who prosecutors said had "personal knowledge" of the slugger's steroid use and was trying in vain to get the Giants star to stop.

In more than 200 pages of documents unsealed in U.S. District Court in San Francisco, prosecutors laid out a blueprint for the case they hope to present to a jury next month in Bonds' trial on perjury and obstruction of justice charges.

Bonds, a seven-time winner of the Most Valuable Player award, is accused of repeatedly lying when he told a grand jury in 2003 that he had never knowingly used steroids. He has pleaded not guilty, insisting that he thought he was using such innocuous substances as flaxseed oil and arthritis balm.

The documents initially were filed under seal but became public after news organizations appealed to U.S. District Judge Susan Illston. In them, the government detailed what it said was evidence of Bonds' persistent use of performance-enhancing drugs, including:

-- Positive tests on a urine sample originally collected from Bonds by Major League Baseball in 2003. The government says retesting proved Bonds had been using "the clear," also known as THG, the undetectable steroid distributed by the Bay Area Laboratory Co-Operative of Burlingame.

Also detected in the 2003 sample was Clomid, a drug sometimes used by male steroid users to mask their drug use or to jump-start their natural ability to produce testosterone after prolonged steroid use, the government said.

-- Three private steroid tests, done in 2000 and 2001, that allegedly show Bonds was using steroids at that time. The tests were ordered by BALCO to track Bonds' drug regimen, company Vice President James Valente told a grand jury in 2006.

All three tests showed Bonds was using the injectable steroid methenolone, and two also showed use of nandrolone, prosecutors said.

-- A 2003 recording in which Anderson described Bonds' use of an undetectable drug to evade baseball's steroid tests. The Chronicle first reported on the recording in 2004.

The government says the recording was made in the Giants clubhouse by Steve Hoskins, Bonds' friend and business manager. He hoped to play it for Bonds' father, former Giants outfielder Bobby Bonds, in hopes of convincing him that his son was using steroids and to get Barry Bonds to stop, prosecutors said.

-- Testimony from Oakland A's slugger Jason Giambi, his brother and former Athletic Jeremy Giambi, and former Giants Benito Santiago, Bobby Estalella and Marvin Benard. All will acknowledge using banned drugs and identify calendars kept for them by Anderson to track their steroid use, the government said. Prosecutors say the players' calendars are virtually identical to calendars Anderson kept for Bonds.

Now judge must rule

Although the government has revealed its evidence, it is up to Illston whether to allow prosecutors to present it to a jury when Bonds' trial begins March 2.

In legal filings last week, Bonds' defense team said the government's alleged positive drug tests were unreliable because they could not be linked conclusively to Bonds.

The recording of Anderson was hearsay, the defense said, and not admissible unless Anderson himself testified about the conversations.

Defense lawyer Allen Ruby said the newly unsealed evidence shouldn't hurt Bonds.

"The graffiti that the government wants to use against him can't change the fact that he told the truth to the grand jury," Ruby said.

Anderson, Bonds' friend since boyhood, served more than a year in federal prison for contempt of court after he refused to testify about Bonds and drugs before a grand jury. He has been subpoenaed to testify in Bonds' trial as well but has given no indication he will cooperate.

Illston will rule on the evidence after a hearing today. Even if the judge permits the jury to hear the evidence, a conviction is not guaranteed, legal experts caution. To win a perjury conviction, prosecutors must prove that Bonds understood questions and intentionally answered them falsely.

Wide-ranging scandal

The prosecution of Bonds is a spin-off from the BALCO steroids scandal, a conspiracy to corrupt sports at its highest level conducted by a Burlingame nutritionist, Victor Conte.

About 30 athletes, including Bonds, were subpoenaed to testify at a grand jury that investigated BALCO. Five men, including Conte, Anderson and Patrick Arnold, an Illinois chemist who created "the clear," pleaded guilty to steroid conspiracy charges and served brief prison terms.

Then the government began prosecuting witnesses for allegedly lying during the probe. Both elite track coach Trevor Graham and bicycle racer Tammy Thomas were found guilty after trials. Illston sentenced both to home confinement rather than prison. Bonds was indicted in 2007.

In the testimony at issue, Bonds insisted he had never knowingly used steroids and said he had never been injected with performance-enhancing drugs.

According to the documents unsealed Wednesday, much of the evidence of Bonds' alleged steroid use was accumulated by Conte and Anderson in the form of doping calendars and the steroid "pre-tests" that Conte allegedly used to see how athletes were responding to a specific drug regimen.

Seized 2003 test

The government said it had seized the Bonds sample that tested positive for "the clear" in raids on the two laboratories that had conducted baseball's testing program in 2003.

Baseball's drug-testing program that year was supposed to be anonymous, and samples from players who tested clean were supposed to have been destroyed. But in 2004, the government seized samples and documents pertaining to more than 100 players.

Although Bonds had passed baseball's drug test, the government had his sample retested at the UCLA laboratory then run by Dr. Don Catlin, the scientist who first identified BALCO's "the clear" as a new designer steroid - and who found it again in Bonds' sample, prosecutors say.

Broken friendship

The documents also shed new insight on the broken friendship of Bonds and Hoskins, the son of 49ers lineman Bob Hoskins and a friend of Bonds' since boyhood.

Hoskins became Bonds' business manager after the slugger signed with the Giants in 1993. In that role, Hoskins also was in charge of the sale of Bonds' memorabilia.

A few months before the BALCO raid, The Chronicle reported, Bonds broke with Hoskins. Then he complained to the FBI that Hoskins had sold bogus memorabilia with forged Bonds autographs embossed on them. Hoskins eventually was exonerated, his lawyer, Michael Cardoza, says.

In the filings, the government said the breakup occurred as Hoskins was trying to persuade Bonds to stop using steroids.

Hoskins sought help from Bobby Bonds, who then was dying of cancer, but the father said he didn't believe his son was using steroids, prosecutors said. Hoskins then decided to make a tape of Anderson so he would have proof of Bonds' steroid use, the government said.

On the recording, which was made in the Giants' clubhouse early in the 2003 season, Anderson said he was confident Bonds would pass baseball's steroid test because the drugs the Giants star was taking were undetectable.

Olympic champion Marion Jones was tested every day, Anderson said, but had never tested positive for the drug, which he did not name.

Anderson also said that an insider would tip him off before Bonds was tested by baseball.

Hoskins declined to be interviewed Wednesday.

Read the documents

The prosecution documents unsealed Wednesday can be read at:

links.sfgate.com/ZGAZ

Excerpts from court documents

Excerpts from court documents unsealed Wednesday in the federal government's perjury case alleging Barry Bonds lied when he denied knowingly using steroids:

The government argues that evidence obtained during a 2003 raid of the Bay Area Laboratory Co-Operative should be allowed:

"The ledger and the drug test results found at BALCO that corresponded to the numbers entered under the defendant's name on the ledger indicated that Bonds' urine tested positive for anabolic steroids on three separate occasions in 2000 and 2001."

Prosecutors say the government's expert witnesses should be allowed to testify:

"One of these experts is Dr. Larry Bowers, the medical director for the United States Anti-Doping Agency, who will testify that steroid users develop such symptoms as increased muscle mass, shrunken testicles, acne on the upper back, moodiness and an erratic sexual drive. The government will introduce testimony from several ... witnesses close to Bonds who will testify that Bonds exhibited some or all of these symptoms between approximately 1998 and 2003."

Bonds' lawyers challenge Bowers' expertise:

"Dr. Bowers does not claim to have any experience, knowledge, training or expertise of any kind concerning the physical and/or mental side effects of these substances. ...There are no scientific and/or peer-reviewed studies supporting the government's broad assertions, let alone Dr. Bowers' previous testimony to the grand jury, that 'steroids' or 'anabolic steroids' have the effects described therein."

Prosecutors argue that Bonds' urine test results should be allowed as evidence:

"The test results: 1) consistently request that the samples be tested for the presence of anabolic steroids, for no medical treatment purpose; 2) show three separate positive tests for the injectable anabolic steroids methenolone and nandrolone; and 3) show other results (such as testosterone/epitestosterone ratios, suppression of natural testosterone, etc.) that are indicative of anabolic steroid use.

Bonds' lawyers say the tests should be excluded:

"The blood and urine tests are inadmissible as business records, because there is no foundation that the specimens tested came from Barry Bonds."

Sources: Chronicle staff reports and the Associated Press

John Shea of the Chronicle staff contributed to this report. E-mail the writers at lwilliams@sfchronicle.com and begelko@sfchronicle.com.

This article appeared on page A - 1 of the San Francisco Chronicle


Print

Comments


Inside SFGate

Spank The Future Are you in sufficient awe of what you can do with technology? Mark Morford.
Love Stories "He's Just Not That Into You" well made, likable. LaSalle. Best Actress poll
Today's Daily Dish Miley breaks silence about controversial pics; Etta rants.

R.A.B. Motors, Inc. Top Autos

From
R.A.B. Motors, Inc.

Honda

2006 Civic

$16,900

Mercedes-Benz

2006 M-Class

$31,888

Mercedes-Benz

2006 R-Class

$30,900

Mercedes-Benz

2006 R-Class

$31,900

Mercedes-Benz

2001 E-Class

$22,888

Mercedes-Benz

2005 C-Class

$21,900

Mercedes-Benz

2006 C-Class

$23,900

Mercedes-Benz

2007 C-Class

$24,900

Mercedes-Benz

2007 C-Class

$29,900

Homes

Search Homes »


Cars

Search Cars »


Jobs

Search Jobs »

Advertisers