Bonds pleads not guilty on all counts
12/07/2007 3:20 PM ET
Bonds pleads not guilty on all counts
Home run king released; next court date set for February
By Barry M. Bloom / MLB.com
SAN FRANCISCO -- Barry Lamar Bonds, Major League Baseball's all-time home run
leader, pleaded not guilty in federal court on Friday to four counts of
perjury and one count of obstruction of justice for allegedly lying about his
use of performance-enhancing drugs in testimony given to a grand jury four
years ago.
Bonds was released on a $500,000 personal recognizance bond, meaning he won't
have to put up that bond unless he violates the conditions of his release,
which include committing no crimes, having no contact with court officials
and not taking flight from the United States. He was not placed on any travel
restrictions.
Bonds, who did not speak to reporters, issued a statement on his Web site on
Friday.
"I want to thank my family, friends and fans for their unwavering support. It
means everything to me. Despite the charges that have been filed against me,
I still have confidence in the judicial system and especially in the judgment
of the citizens who will decide this case. And I know that when all of this
is over, I will be vindicated because I am innocent."
No date for a trial -- U.S. v. Bonds -- was set. A status hearing instead was
scheduled for Feb. 7.
Afterward, in front of the Phillip Burton Federal Building, where the trials
of Patty Hearst and those responsible for the Jonestown Massacre were once
heard, Bonds' new lead attorney told reporters that his celebrity client was
ready for a fight.
"Almost everything we have to say about this case we'll say in court papers,
which we will file over the coming months," said Allen Ruby, a high-powered
San Francisco Bay Area criminal defense lawyer who joined Bonds' defense team
this week. "For today, Barry Bonds is innocent. He has trust and faith in the
justice system. He will defend these charges. And we're confident of a good
outcome."
The first steps in the long and sometimes tedious litigation process were
taken in front of a crowded courtroom No. 10 on the 19th floor of the famous
building.
The proceedings took about 20 minutes in two parts. Ruby entered the plea on
Bonds' behalf before U.S. Magistrate Judge Maria-Elena James, and that was
followed immediately by U.S. District Judge Susan Illston setting the date
for the status hearing.
Bonds was accompanied by five other attorneys, including Cristina Arguedas
and Michael Rains. Arguedas, another local criminal defense attorney, is also
new to the case this week, while Rains has been on it almost since the
federal government began its investigation.
Bonds, wearing a dark blue suit, white shirt and tie with diagonal stripes,
waived his right to a speedy trial and answered a number of perfunctory
questions, including his name and age. He appeared somber, but not nervous.
James notified Bonds of his Miranda rights. The only point of contention
during the 15-minute arraignment portion of the hearing was travel
restrictions sought by assistant U.S. attorney Matt Parrella, who presented
the government's brief arguments. The government sought free travel for Bonds
within the continental U.S., but surrender of his passport and restrictions
on his ability to leave the country.
Ruby argued that those restrictions would inhibit Bonds' ability to continue
his profession as a Major League player, something he has said he intends to
do in 2008. Under the government's proposal, if Bonds signs with an American
League team, he would have had to apply for an exemption each time he was
scheduled to play in Toronto.
The judge denied Parrella's motion.
After a short break in the proceedings, Illston asked the attorneys for their
opinions on when to start the trial. The government, citing unnamed conflicts
of interest between members of Bonds' legal team and some of its prospective
witnesses, said that the matter had to be resolved in the coming weeks and
sought the status hearing instead.
The government is now required to turn over all its evidence to Bonds and his
attorneys in what is called the "discovery" portion of the case. The matter
cited would restrict turning over some of that evidence until it is resolved,
Parrella said. Ruby didn't object, saying that the government is turning over
a good portion of its case almost immediately.
"I'm not exactly sure what the government is referring to," Ruby said
afterward. "I don't want to guess at that so we'll just see how it unfolds."
Ruby also told the judge that the defendant is considering filing a motion to
dismiss the case, stating that on its face not enough evidence was presented
in the indictment for it to move forward.
"As we told the judge in court, there may be defects on the face of the
indictment, meaning that if you just read it you can see the defects," Ruby
said. "If we conclude that that's the case, there will be a motion to dismiss
and a briefing schedule and a hearing date. But we're not quite there yet."
Bonds was excused from the Feb. 7 hearing unless a motion to dismiss is
scheduled to be heard on that date.
Both before and afterward, as he entered and left the building, Bonds waved
to a crowd of onlookers, signing an autograph in the lobby as he left the
elevator after the hearing. He was accompanied by his wife, Liz, who was the
only family member in attendance. He didn't stop to speak with reporters.
Bonds, the former Giants slugger with 762 career homers, first appeared
before a grand jury investigating the Bay Area Laboratory Co-Operative on
allegations of money laundering and illegally dispensing
performance-enhancing drugs on Dec. 4, 2003. He testified under oath and with
immunity on numerous occasions that he had never used anabolic steroids,
testosterone and human growth hormone or had been administered any of those
drugs with a needle during the period from 2000-2002.
The indictment cited the actual grand jury testimony elicited from Bonds,
alleging that Bonds committed perjury on 19 occasions.
The investigation into the case against Bonds spanned four years, involved
three grand juries and led to the jailing of Greg Anderson, Bonds' former
personal trainer, for refusing to testify against Bonds. Anderson, one of
five people ultimately charged in the case, previously had served three
months in prison and three months under house arrest in a plea bargain
arrangement. Victor Conte, BALCO's president and founder, was the only other
principal to go to prison.
Anderson was released from a federal prison in Dublin, Calif., on Nov. 15,
shortly after the indictment against Bonds was unsealed. It's almost certain
that if the case ultimately goes to trial, the government will subpoena
Anderson to be a witness.
"I fully expect the government to start ratcheting up the pressure on Greg,"
Anderson's attorney, Mark Geragos, told The Associated Press. "He will never
cooperate with the government. He doesn't trust them."
Friday's hearing occurred four months to the day in San Francisco -- Aug. 7
-- on which Bonds hit his 756th home run to pass Hank Aaron and set Major
League Baseball's all-time home run record. Currently a free agent, Bonds
played his final game for the Giants on Sept. 26 at AT&T Park. He was told at
the end of September that the club would not consider bringing him back for a
16th season as a Giant.
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