By now, we all know the drill: Barry Bonds was indicted by a federal grand jury and charged with perjury and obstruction of justice. One of the key provisions involved this little sliver of evidence: "During the criminal investigation, evidence was obtained including positive tests for the presence of anabolic steroids and other performance enhancing substances for Bonds and other athletes."Seems pretty damning, no? Well, Bonds' lawyer seems hellbent on fighting this. And really, when you hear about how BALCO actually administered its steroids tests, you might likely agree.
It was November 2000, and Bonds was preparing for the season in which he would shatter Mark McGwire's single-season home run record.
According to Conte, himself a convicted steroids dealer, Bonds would visit the lab on Saturdays and after normal business hours with an entourage that included his trainer, Greg Anderson, and his personal physician, Dr. Arthur Ting.
Anderson had convinced Bonds to use BALCO to develop a dietary and supplement regimen, which Conte designed based on the results of the blood and urine samples.
Conte said Bonds was put through the same tests as other elite athlete clients, including tests to detect the use of 30 different steroids.
Conte hired Quest Diagnostics to do a "quick and dirty" analysis of the samples, to save money. The lab charged Conte $80 per test, rather than its usual $120, after Conte agreed to cut out much of the paperwork and elaborate protocol that typically accompany drug tests.Yeah, certainly not the most efficient or accurate testing going on here. The AP article does a lot of comparison here between these samples and the samples and testing done in the O.J. Simpson murder trial. Simpson's lawyers were seemingly able to prove that the samples were not handled and done in a proper manner and thus, Simpson was found innocent.
For instance, Conte said a licensed lab technician never watched Bonds urinate in the bottle. Nor were the samples ever formally sealed, dated and signed by an independent collector. There was also no formal process for who handled the samples at Quest, Conte said.
The indictment does not explain where prosecutors obtained the results, but Conte said they were seized when federal agents raided his lab in September 2003.
"If that's the smoking gun," Conte said, "it doesn't have any bullets."
It seems like Bonds might have a similar way out here. Now, this in no way absolves all his sins in my mind. But, he is entitled to due process of the law and certainly has a chance for an acquittal here based on how the tests were administered.
Simply put: this thing is far from over.

















Reader Comments (Page 1 of 1)
11-17-2007 @ 4:02PM
j.t. said...
my tax dollars at work...george mitchell should be brought up on charges of willfully misappropriating tax payers funds.........j.t....
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11-17-2007 @ 4:33PM
Phil said...
This has nothing to do with George Mitchell, and the only tax dollars Mitchell is spending is from his pension from the Senate (if he has one).
As for this, those tests should not count for anything if that is true. Also, if they were willing to use these tests for the indictment, and have had them for a while, Anderson going to be getting a nice check for sitting in jail for no reason.
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11-17-2007 @ 4:55PM
Beau Dure said...
Wait a minute -- are you saying Bonds' defense will be that the tests, ordered and paid for by Victor Conte, were somehow sabotaged or accidentally switched to turn up positive for Bonds, Victor Conte's client?
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11-17-2007 @ 5:14PM
tc said...
No, I think he's saying that Conte routinely subjected all his clients, even those who were using only his vitamin supplements, to urine testing. The tests were also capable of detecting 30 different steroids. Conted die this in order to see if the masking agents (like "the cream") he was prescribing were effective. For instance, if any of the tests came up "positive," which, apparently some did, then he would either adjust the dosage or do something else to remedy the situation. Whether the results were positive or negative, he wanted to know. PostmanR can disagree if I'm misstating it.
The ''clear'' has been identified by agents as a code name for the steroid THG. Conte told agents that he also gave Anderson a "cream" containing a steroid and a steroid- masking agent.
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11-17-2007 @ 7:15PM
sender12 said...
I wish politicians would let baseball manage its own house; we do not need the self-righteous politicians to protect baseball's "purity" especially when they cannot safeguard their own "purity." There are many real issues for Congress to concern itself with, e.g., the war in Iraq, social security (which these self-appointed champions of baseball have raided on a regular basis for decades, and not to mention, have never contributed a nickle of their own monies towards.
Barry Bonds is the greatest player and most feared person to ever have graced this game. Bonds will be vindicated. . .
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11-17-2007 @ 8:59PM
Beau Dure said...
tc -- Right, but if they're going to claim those tests turned up a false positive through a chain-of-custody error, then we have all sorts of questions to answer.
Chain of custody is a pretty big issue when you're talking about, say, a lab whose methods have been questioned and an athlete who has never triggered any suspicion aside from that one test. If the lab is negligent, the test in question could have been switched with another athlete who happened to be positive. If the lab is outright dirty, the test could have been sabotaged.
If Conde's testing program is as you've described -- and I'll have to be careful here to say I haven't heard that directly -- then a negligent positive would be a long shot and a sabotaged positive would be ... well, a bit hard to believe.
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11-18-2007 @ 12:35AM
Gern Wormstead said...
There's no reliable chain of custody for the evidence. This alone will ruin the prosecutors case. Not only have they wasted all the taxpayer's money on an investigation that's been going on for over three years now, but they won't come close to getting a conviction and they're going to have to pay through the nose for Greg Anderson's jail time when he successfully sues them. What a total joke. Bonds is a jerk of the highest magnitude, but this has been a witch hunt from the beginning. Greg Anderson may not win any man of the year awards, but at least he's not a rat.
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11-18-2007 @ 12:53AM
J-Bizzel said...
I have had enough of the media and white america making african american athletes the poster children for whatever goes wrong in sports or this country. You take a look at all the baseball players accused of taking steroids and Barry Bonds is held accountable for the entire league. It is not a black thing or a white thing, its and illegal drug thing...so why doesn't the media run the names of Mark McGwire, Ralpheo Palmario, Jose Canseco, Lance Armstrong through the mud as they do Barry. Is it because Barry is Black...It sure seems that way.
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11-18-2007 @ 7:41AM
stanfordfan said...
The sloppy testing procedures may be indicitave of the sloppy case that the Justice Department has against Bonds. It should be noted that the indictment of Bonds came only hours before it was announced that Joseph Russoniello had been nominated by the Bush Administration to become the U.S. Attorney in the Northern District in California, replacing acting U.S. Attorney Scott Schools. It has been speculated that the politics of this appointment dictated the timing of the Bonds indictment, since Russoniello could have decided to drop the case altogether. This suggests that the indictment of Bonds might have been a last-gasp act of desperation by the acting U.S. Attorney Schools, and not the culmination of an airtight case against Bonds. It also suggests that the Justice Department has no more evidence against Bonds than it had when it declared that the testimony of Greg Anderson was essential to make its case for perjury, sending Anderson to prison for contempt of court. Stay tuned.
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11-18-2007 @ 9:22AM
josh said...
this case is already falling apart and it isnt even in court yet and it was doomed from the get go already by the media spotlight and if all this is true no one independently labeling bonds pee there is no way of knowing it isnt tampered or even his and since he went to conte for a dietary regimen they cant prove he knowingly took steroids without anderson or someone else close ratting him out and bonds can probably pay whomever may rat him out more than the us will
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11-18-2007 @ 11:42AM
Martin said...
Convicting Bonds in San Francisco will be extremely difficult for three reasons. First, convicting a celebrity of a crime is difficult in itself. Second, when the celebrity is a hero in the community where the trial is being held, (and sadly, Bonds is a hero to many in the Bay area), a conviction is even more difficult. And third, when the charges are based on the use of drugs and the trial is in one of the drug capitals of the country, the prosecution has a huge hurdle to cross. But the prosecutors are aware of all of these factors and still believe that they have the ability to prove their case.
The drug tests are only one of the pieces of evidence. There is also the testimony of his mistress, the chemist, Victor Conte (and other employees of BALCO) and possibly other athletes. There are also the statistics, themselves. Between the ages of 36 through 40, Bonds statistics did not fall due to his age like just about every other player in baseball, but rather rose by an incredible 25%.
And finally, if Bonds is acquitted despite overwhelming evidence of his guilt, his acquittal will carry the same weight as the acquittal of O. J. Simpson (namely none). So at least all of the facts will become public and baseball fans can then reach their own conclusions.
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11-19-2007 @ 2:20AM
stanfordfan said...
If the syringe doesn't fit, you must acquit!
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11-19-2007 @ 10:40AM
nikkicookers said...
To be honest. Barry Bonds sucks and he's a cheater and should never be a legend in baseball. But he does not belong in jail. He is in no way a danger to society, even if he is a d-bag. If he was not a celebrity he would not be going to court. So, although I hate him, I think this is a little bit absurd.
nikki
nikkicookers@aol.com
http://www.fitconnect.com
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11-21-2007 @ 9:10AM
Beau Dure said...
You guys might want to peek at this:
http://www.hardballtimes.com/main/article/barry-bonds-a-guide-to-help-you-cut-through-the-noise/
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11-21-2007 @ 1:30PM
Martin said...
Beau Dure - Thanks for the reference. A really good summary.
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