February 11, 2009 3:52 PM
- Text
Barry Bonds Indicted In Steroid Probe
(CBS/AP)
Barry Bonds, baseball's home run king, was indicted for perjury and obstruction of justice Thursday and could face prison instead of the Hall of Fame for telling a federal grand jury he did not knowingly use performance-enhancing drugs.
The indictment, culminating a four-year investigation into steroid use by elite athletes, charged Bonds with four counts of perjury and one of obstruction of justice.
Bonds has steadfastly denied knowingly using any performance enhancing drugs, reports CBS News chief investigative reporter Armen Keteyian. But according to the indictment, "evidence was obtained including positive tests for the presence of anabolic steroids and other performance enhancing substances for Bonds and other athletes."
If Bonds does go to trial, prosecutors would likely also cite "evasive and misleading" testimony before a grand jury in December 2003, where the government contends Bonds lied, under oath, at least 19 times about his use of performance enhancing drugs.
"They're going to focus specifically on what Barry Bonds said and why they think they can prove otherwise," said CBS News legal analyst Andrew Cohen.
If convicted on all five counts, Bonds could go to prison for up to 30 years.
"Every American should worry about a Justice Department that can't tell the difference between prosecution on the one hand, and persecution on the other," Bonds attorney Michael Rains told Keteyian.
The defense has targeted, in particular, the actions of special agent Jeff Novitzky.
CBS News has also learned that in 2004 the government conducted an investigation into whether the agent's credibility would be at issue if the case against Bonds went to trial. To date, the results of that report remain unavailable.
One witness the government won't have is Bonds' former personal trainer. For nearly a year Greg Anderson sat in jail for refusing to discuss, let alone testify against, his longtime friend.
Yesterday, within hours of the indictment, a federal judge ordered him released from prison.
A Major League Record, With Suspicion of An Asterisk
In August, when the 43-year-old Bonds passed Hank Aaron to become baseball's career home run leader, he flatly rejected any suggestion that this milestone was stained by steroids.
"This record is not tainted at all. At all. Period," Bonds said.
Bonds finished the year with 762 homers, seven more than Aaron, and is currently a free agent. In 2001, he set the season record with 73 home runs.
Bonds could not immediately be reached for comment. One of his attorneys, John Burris, didn't know of the indictment before being alerted by The Associated Press and said he would call Bonds to notify him.
"I'm surprised," Burris said, "but there's been an effort to get Barry for a long time. I'm curious what evidence they have now they didn't have before."
Bonds' defense attorney, Mike Rains, declined comment because he hadn't seen a copy of the indictment.
"However, it goes without saying that we look forward to rebutting these unsupported charges in court," Rains said. "We will no doubt have more specific comments in the very near future once we have had the opportunity to actually see this indictment that took so long to generate."
Bonds is scheduled to appear in U.S. District Court in San Francisco on Dec. 7.
Bonds has never been identified by Major League Baseball as testing positive for steroids.
"I have yet to see the details of this indictment and while everyone in America is considered innocent until proven guilty, I take this indictment very seriously and will follow its progress closely," commissioner Bud Selig said.
The indictment, culminating a four-year investigation into steroid use by elite athletes, charged Bonds with four counts of perjury and one of obstruction of justice.
Bonds has steadfastly denied knowingly using any performance enhancing drugs, reports CBS News chief investigative reporter Armen Keteyian. But according to the indictment, "evidence was obtained including positive tests for the presence of anabolic steroids and other performance enhancing substances for Bonds and other athletes."
If Bonds does go to trial, prosecutors would likely also cite "evasive and misleading" testimony before a grand jury in December 2003, where the government contends Bonds lied, under oath, at least 19 times about his use of performance enhancing drugs.
"They're going to focus specifically on what Barry Bonds said and why they think they can prove otherwise," said CBS News legal analyst Andrew Cohen.
If convicted on all five counts, Bonds could go to prison for up to 30 years.
CBS News has learned defense lawyers for Bonds plan to turn the tables, by accusing the government of misconduct, specially leaking confidential information and falsifying documents.Read The Indictment
"Every American should worry about a Justice Department that can't tell the difference between prosecution on the one hand, and persecution on the other," Bonds attorney Michael Rains told Keteyian.
The defense has targeted, in particular, the actions of special agent Jeff Novitzky.
CBS News has also learned that in 2004 the government conducted an investigation into whether the agent's credibility would be at issue if the case against Bonds went to trial. To date, the results of that report remain unavailable.
One witness the government won't have is Bonds' former personal trainer. For nearly a year Greg Anderson sat in jail for refusing to discuss, let alone testify against, his longtime friend.
Yesterday, within hours of the indictment, a federal judge ordered him released from prison.
A Major League Record, With Suspicion of An Asterisk
In August, when the 43-year-old Bonds passed Hank Aaron to become baseball's career home run leader, he flatly rejected any suggestion that this milestone was stained by steroids.
"This record is not tainted at all. At all. Period," Bonds said.
Bonds finished the year with 762 homers, seven more than Aaron, and is currently a free agent. In 2001, he set the season record with 73 home runs.
Bonds could not immediately be reached for comment. One of his attorneys, John Burris, didn't know of the indictment before being alerted by The Associated Press and said he would call Bonds to notify him.
"I'm surprised," Burris said, "but there's been an effort to get Barry for a long time. I'm curious what evidence they have now they didn't have before."
Bonds' defense attorney, Mike Rains, declined comment because he hadn't seen a copy of the indictment.
"However, it goes without saying that we look forward to rebutting these unsupported charges in court," Rains said. "We will no doubt have more specific comments in the very near future once we have had the opportunity to actually see this indictment that took so long to generate."
Bonds is scheduled to appear in U.S. District Court in San Francisco on Dec. 7.
Bonds has never been identified by Major League Baseball as testing positive for steroids.
"I have yet to see the details of this indictment and while everyone in America is considered innocent until proven guilty, I take this indictment very seriously and will follow its progress closely," commissioner Bud Selig said.
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