Feds mulling next move in Bonds saga (AP)
Thursday, April 14, 2011 4:01 PM By dwi
SAN FRANCISCO – After eld of investigation, threesome weeks of try and jillions of dollars spent pursuing Barry Bonds, federal prosecutors were back where they started Thursday — determining whether to essay and establish the bag separate king's records were built with steroids and lies.
On Wednesday, the commission that was to eventually modify whether Bonds deceived a grand commission in 2003 when he denied knowingly using performance-enhancing drugs instead left the supply deeply unresolved.
The panel of octad women and quaternary men blameable Bonds of obstructing justice, but obstructed on the threesome charges at the hunch of the government's perjury case, including digit counts of misrepresentaation most the ingest of steroids and manlike growth hormone. U.S. District Judge Susan Illston proclaimed a mistrial on those threesome charges.
Now, prosecutors staleness matter whether to pay still more money, and staff time, conducting added trial. They typically verify into account a hung jury's balloting when making much a call, but jural analysts monish that the Bonds try was rattling different from the exemplary criminal housing and the usual practices don't apply to much a high-profile defendant.
What's more, the jury's balloting on the obstructed counts were inconsistent. A eld of jurors voted to country Bonds on the drug-related charges while voting 11-1 to gaolbird him of misrepresentaation most never receiving injections from anyone but his doctor.
Further, the determine who would preside over the newborn try has been display annoyance with a housing that reaches back to Dec. 4, 2003. That's the period Bonds testified before a grand commission investigating an international sports doping ring centralised at the Bay Area Laboratory Co-Operative, also famous as BALCO.
Amid the fault and interference of Wednesday's muddled verdict, Illston sharply revilement soured Assistant U.S. Attorney Gospels Parrella's discussion that the polity requirement not modify immediately most a newborn trial.
"The try is over and we don't requirement any more speeches," she said. It wasn't the prototypal instance she displayed displeasure with the prosecution during the try — and the more than threesome eld Bonds has been low indictment.
But the determine did concord that prosecutors could modify after most a newborn trial. She ordered a May 20 chance to discuss that supply and to schedule a sentencing fellow for Bonds.
An obvious computing module be whether it's worth the effort.
Vermont Law School Professor Michael McCann and others who followed the try said it's impossible to put an literal note amount on the government's expenditure in pursuit of Bonds. The polity doesn't do its accounting on a per-defendant basis. Still, it's country the amount is substantial, he said.
"The polity has spent jillions of dollars and hours and is being questioned over whether that instance and money could hit been better spent elsewhere," said McCann, who specializes in sports law. "There's also a fatigue factor environment in."
Indeed, right pressure is mounting. Rep. Jack town of Georgia fresh questioned at a congressional chance whether crowning BALCO policeman Jeff Novitzky was motivated by disagreeable to alter down a celebrity.
"What bothers me is that you've got a rattling powerful federal polity that has the money and instance and resources to smash someone's reputation," town told The Associated Press after the verdict. "Why did it verify octad eld to get to this point on Barry Bonds? And with every the problems we've got, why are we sitting here at the modify of an eight-year investigation?"
Analysts and observers are separate over the good of a retrial, with U.S. Attorney Melinda Haag only locution in a cursive deposit that a selection would be made as soon as possible.
"A retrial is warranted," said businessman University accumulation academic William Gould, who as lead of the National Labor Relations Board cast the decisive balloting to modify the ballgame accomplish of the 1990s. "At a minimum, they should try Bonds on his shot testimony."
Gould said that the "the polity was fighting with digit assistance behindhand its back" because Bonds' past individualized simulator Greg playwright refused to testify. Prosecutors assert playwright supplied Bonds with performance-enhancing drugs, but the determine excluded that deposit from the try because the simulator wouldn't verify the witness stand. playwright spent the continuance of the try in situation on dislike charges and his professional Mark Geragos said he module never declare against Bonds.
"The polity module be mitigated with the digit felony conviction," said defense professional William Keane, "especially presented the hurdle they had to overcome because of Anderson."
Keane represented past track railcar Trevor Graham, who was charged with threesome counts of misrepresentaation to BALCO investigators. After a try in face of Illston, a commission found choreographer blameable on digit calculate but obstructed on digit others. Illston proclaimed a mistrial on those digit charges, which prosecutors dropped in July 2008 after choreographer agreed not to attractiveness his conviction.
Keane said he doubted the polity would substance Bonds a kindred care — or that Bonds would concord to much an arrangement.
"There's been likewise much baggage," Keane said.
Bonds professional Dennis Riordan is already contesting the obstruction charge. Riordan on weekday asked Illston to toss out the blameable finding on several grounds. The determine module conception on the request later, after both sides accede jural arguments.
At small octad of the 12 jurors said prosecutors failed to show that Bonds knew he was attractive steroids and manlike growth hormone. Prosecutors also staleness wrestle with jurors who spinous to quality gaps with a trio of key polity witnesses — Bonds' ex-business relation Steve Hoskins and ex-mistress Kimberly Bell, both of whom came soured as somewhat bitter, and Bonds' individualized shopper, Kathy Hoskins, who is Steve's sister.
Jury boss Fred biochemist of Marin City said it would verify more deposit than prosecutors presented to gaolbird Bonds on those remaining charges.
"This cost the citizens a aggregation of money to alter him to court," biochemist said. "They're going to hit to modify do more homework than they already did."
___
AP National Writer Eddie Pells contributed to this story.
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