Bonds Indicted for Perjury, Obstruction of Justice

Major League Baseball's career home run leader, Barry Bonds, has been indicted on five felony charges in connection with his testimony before a U.S. federal grand jury in 2003 that he never used anabolic steroids or human growth hormone.^[1] The indictment tops off a four-year federal investigation into steroid use by elite athletes, of which Bonds has long been considered the primary target. Seven others have pleaded guilty in the case, most recently the former Olympic sprinter Marion Jones.^[2]

The indictment, which includes four charges of perjury and one of obstruction of justice, contends that the government can prove that a positive steroid blood test result from 2000 seized in a 2003 raid of the Bay Area Laboratory Co-Operative, or Balco, belonged to Bonds; if true, it would be the first direct evidence that Bonds took steroids.^[3]

The 10-page indictment, can be found here, mainly consists of excerpts from Bonds' December 2003 testimony before a federal grand jury investigating the Bay Area supplements lab at the center of a steroid distribution ring. To assert the four counts of perjury, it cites 19 occasions in which Bonds allegedly lied under oath.^[4]

An attorney familiar with the investigation asserts that the government obtained the results of positive steroids tests for Barry Bonds during a search of BALCO facilities, and the positive results did not come from confidential testing conducted by Major League Baseball and the players association. ^[5]

BALCO founder Victor Conte also served three months in prison after he pleaded guilty to steroids distribution. But Conte has long insisted that Bonds didn't get steroids from his lab. Conte says, however, that he "doesn't expect to testify" on behalf of Barry Bonds.^[6]

Bonds was charged in the indictment with lying when he said he didn't knowingly take steroids given to him by his personal trainer, Greg Anderson.^[7] Bonds is also charged with lying that Anderson never injected him with steroids. "Greg wouldn't do that....He knows I'm against that stuff." Bonds testified when asked if Anderson ever gave him any drugs that needed to be injected.^[8]

Prosecutors promised Bonds they wouldn't charge him with any drug-related counts if he testified truthfully.^[9] But according to the indictment, Bonds repeatedly denied taking any steroids or performance-enhancing drugs despite evidence to the contrary.^[10]

According to the indictment, Bonds even denied taking steroids when prosecutors showed him the results of a test from November 2000 that showed a "Barry B" testing positive for two types of steroids. "I've never seen these documents," Bonds said. "I've never seen these papers."^[11]

The indictment does not explain where prosecutors obtained those results, but they likely were conducted at BALCO.^[12] Bonds first visited BALCO in November 2000 and submitted to the series of urine and drug tests conducted by BALCO founder Victor Conte on every athlete who went through the lab; the test results may have been seized when federal agents raided BALCO in September 2003.^[13]

The indictment charged Bonds with four counts of perjury and one of obstruction of justice. If convicted, he could be sentenced to a maximum of 30 years in prison. Bonds is scheduled to appear in U.S. District Court in San Francisco on Dec. 7.

Perjury Perjury is generally covered under 18 U.S.C. § 1621 wherein it states that whoever, 1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true;^[14] or 2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;^[15] is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.^[16]

Obstruction of Justice Under 18 U.S.C. § 1503(a), it is a crime for a person to corruptly influence, obstruct, or impede the due administration of justice. The punishment for a violation of section 1503(a) is a fine, imprisonment for up to 10 years, or both.

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^[1] Duff Wilson and Michael S. Schmidt, Bonds is indicted on 5 felony charges, International Herald Tribune, November 16, 2007, available at http://www.iht.com/articles/2007/11/16/sports/base.php (last visited November 16, 2007).
^[2] Id.
^[3] Id.
^[4] ESPN Staff, Barry Bonds indicted on perjury, obstruction charges, ESPN.com news services, November 16, 2007, http://sports.espn.go.com/mlb/news/story?id=3112487 (last visited November 16, 2007).
[5] Id., In 2001, MLB conducted tests to guage the level of substance problems among players. The government subpoenaed those records.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] 18 U.S.C. § 1621 (1) (2007).
^[15] Id., at § 1621(2).
^[16] Id., at § 1621.