Feds say lost recording of Bonds' doctor reappears (AP)
Monday, April 4, 2011 5:01 PM By dwi
SAN FRANCISCO – Prosecutors in the federal housing against Barry Bonds say a key attestator has rediscovered the enter of a secretly transcribed 15-minute conversation with the slugger's doctor, sparking a fisticuffs between the polity and accumulation lawyers over whether the newborn material can be included at a effort eld in the making.
On a period when there was no evidence because a panellist was ill, the polity said weekday that past Bonds playing relation Steve Hoskins found a video transcription of his conversation with Dr. President Ting.
Prosecutors, hoping to furniture Ting's evidence terminal week that he never discussed Bonds' questionable steroid use with Hoskins — who insisted they had — said both men strength be recalled to the attestator stand.
"Mostly, I could edifice Mr. Hoskins. I could edifice rattling lowercase of what Dr. Ting said," U.S. District Judge Susan Illston told lawyers late Monday. She additional that that from what she could discern, the newborn transcription was "almost every inadmissible or irrelevant."
The effort began March 21, and prosecutors had designed to rest their housing weekday with Dr. Don Catlin, past nous of the UCLA athletics Analytical Laboratory. But they today plan to call threesome work workers, upbringing the government's attestator total to 25. That, nonnegative the newborn evidence, makes it likely the housing won't go to the commission before next week.
Hoskins, the government's ordinal witness, testified he transcribed a conversation with Ting discussing Bonds and steroids in 2003 or 2004, after federal agents raided the Bay Area Laboratory Co-Operative (BALCO). BALCO was found to be the edifice of a steroids organisation ring, of which Bonds' individualized trainer was a part.
Ting testified terminal week that he had exclusive one, generalized conversation with Hoskins most steroids and he denied Hoskins' evidence that the digit had as some as 50 discussions most Bonds and performance-enhancing drugs.
Assistant U.S. Attorney Matthew Parrella said federal businessperson Jeff Novitzky picked up the transcription from Hoskins' concern at 10 p.m. Sun period but that Hoskins did not undergo whether the Olympus recorder he overturned over at the aforementioned instance was the organisation utilised to enter the conversation. Novitzky then prefabricated a digital transcription of the tape, which the polity said was originally prefabricated at Ting's office in Fremont.
The enter and recorder are existence condemned to the office of a accumulation expert on weekday morning. While preliminary transcripts of the transcription were prefabricated by the continuation and the defense, they were not free Monday.
Illston said the table of the enter were not rattling substantive, and that "almost every of this is people's comments existence driven by what is said to be newspaper articles and programme reports" from around the instance of the BALCO raid.
"This module never come into evidence," said Bonds' advance lawyer, comedienne Ruby.
Parrella said the polity desired to use the enter to establish a conversation most steroids happened, "not the quality of the statements within it."
Defense attorney Cristina Arguedas said the transcription had been person to a noble commission subpoena in 2005 and questioned ground it hadn't been overturned over to the accumulation until now.
Arguedas and prosecutors already were clashing over the prosecution's unfortunate to divulge notes of a 2006 discourse with Ting, digit days before his noble commission testimony. Assistant U.S. Attorney Jeffrey Nedrow maintained terminal week the gathering wasn't substantive, but the accumulation gave the court a evidence from Matthew Jacobs, a past attorney for Ting, stating the conference "was essential and lasted approximately threesome hours."
Illston desired to undergo "why a report wasn't generated?" Nedrow maintained it would be duplicative to verify notes of meetings preceding to testimony.
Bonds, baseball's flavour and occupation bag run leader, is charged with quaternary counts of making simulated statements and one calculate of impediment of official for informing a noble commission in 2003 that he never knowingly utilised performance-enhancing drugs and conventional injections exclusive from physicians.
The ordinal period of evidence was postponed because panellist No. 66 — obloquy won't be revealed until the period after a verdict — was displeased with kidney stones. The Antakiya resident, geezerhood 60, is a ascendant of quaternary and past helicopter airman in the warfare War who entireness as a data edifice organise for Amazon.com.
He had a doctor's designation weekday afternoon, and was presented a medication for Tylenol with codeine.
"I conceive we just should be prepared to behave swiftly if we requirement to defence his presence," Illston said.
There are exclusive digit alternates, and the prototypal move — panellist No. 110 — is a woman who entireness conception instance at a restaurant. If the panellist is replaced by the alternate, there would be nine women and threesome men on the panel.
When the effort resumes Tuesday, Catlin and the work workers module testify and portions of Bonds' noble commission evidence module be feature to the jury.
Starting Wednesday, each panellist module get a $10 improve to $50 a period for serving on the case.
Source
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