No indictment for Giants' Bonds

07/20/2006
SAN FRANCISCO -- No indictments were handed down Thursday against San Francisco Giants star outfielder Barry Bonds as a federal grand jury's 18-month term expired.
But a grand jury scheduled to convene next week again will be asked to review possible perjury and tax-evasion charges against Bonds as part of a larger ongoing federal probe into steroid use.
Hours after the grand jury's term expired Thursday, Greg Anderson, Bonds' former personal trainer who had refused to testify recently in front of the grand jury, was released from a federal prison in nearby Dublin, Calif., where he had been held since being cited for contempt July 5.
As Anderson left jail, though, he was handed a subpoena to testify before the new grand jury on Thursday. A regular grand jury has a term of 18 months and can be held over for six more months under special circumstances. If Anderson again declines to testify, he can go back to prison for as much as two years.
"They can subpoena him every day for the rest of this year, and it doesn't matter," Mark Geragos, Anderson's attorney, told the San Francisco Chronicle. "He's not going to talk."
Bonds told MLB.com before Thursday night's game against the San Diego Padres at AT&T Park that the reprieve gave him a "temporary sense of relief."
"Hopefully, this is over," Bonds said, reiterating what he also posted on his Web site, barrybonds.com. "I want to make it clear that I have no hard feelings toward the legal process, but there comes a point where everyone needs to move on."
Michael Rains, an attorney for Bonds, said during a hastily called early afternoon media conference near the entrance to San Francisco's downtown federal building, that Bonds hoped Thursday's events signaled an end to the case.
"This is not a moment of great joy. There's at least temporary relief in the news we heard today," Rains said. "This is a moment of humility. This is an issue that has plagued Barry for more than three years now. He's hoping that this is the end of it. But he doesn't know that, nor do I."
The U.S. Attorney's Office for the Northern District of California issued a statement saying it will "continue to move forward actively in this investigation." The newly impaneled grand jury will be the third in the past four years asked to hear evidence stemming from the investigation into the Bay Area Laboratory Co-Operative (BALCO).
Major League Baseball did not issue a statement regarding the day's proceedings. Rich Levin, a spokesman for the Commissioner's Office, said simply that MLB was "continuing to monitor the situation."
Peter Magowan, the Giants' president and managing general partner, said it was difficult for him or anyone on the club to comment about the case.
"I think we're doing OK," Magowan said. "You say there's a cloud over us, well, what cloud? The fact that there's a man who could still be indicted certainly is something that's not a positive. But he hasn't been indicted. Until he is indicted, if he is, nothing really has changed from the way it's been."
Rains said it wasn't clear whether a majority of the panel hadn't reached the standard of probable cause in the case to hand down an indictment, or the government, unable to put its key witness (Anderson) on the stand, simply didn't ask for one. Rains said that it was clear, though, that the federal government hadn't made its case.
"We have all heard the overworked adage in the legal world that you can indict a ham sandwich," Rains said. "And that's true. It's not hard to get an indictment. So what I say to the public is, if it's that easy, why don't we have an indictment?
"And the answer is, they don't have enough to indict a ham sandwich, let alone Barry Bonds."
Kevin Ryan, the U.S. Attorney overseeing the case, said in a statement released late in the day that his office had not sought an indictment from the just-expired grand jury.
"We are not seeking an indictment today in connection with the ongoing steroid-related investigation, and have postponed that decision for another day in light of some recent developments.
"Much has been accomplished to date; there have been five felony convictions stemming from the investigation, which has served to galvanize the national debate on the surprisingly widespread use, and dangerous and harmful nature, of anabolic steroids and performance-enhancing drugs in sports.
"However, some unanswered questions remain in this case. We intend to pursue the answers to those questions. We will continue to move forward actively in this investigation -- including continuing to seek the truthful testimony of witnesses whose testimony the grand jury is entitled to hear. After we complete the investigation, we will have a final conclusion about any charges, including whether charges are appropriate."
Bonds has been widely suspected of using steroids, particularly during the years 1999 to 2002 when his power numbers increased and he broke Mark McGwire's single-season home run record by hitting 73 homers during the 2001 season.
Bonds, who will be 42 years old on Monday and with 722 career homers is No. 2 on baseball's all-time list, has never admitted using steroids. He testified in front of the original BALCO grand jury in December 2003, and from that testimony perjury suspicions grew. When the transcript was illegally leaked to the Chronicle, Bonds said he may have unknowingly used topical steroids now called "the cream" and "the clear." Bonds said he thought the substances were arthritis balm and flaxseed oil.
Asked on Thursday whether his client had told the truth, Rains didn't equivocate.
"The answer to that is yes," he said. "I'm his lawyer. Are you going to be believe that? Is the media going to believe that? Is the public going to believe it? The government doesn't want to believe it and has refused to believe it. Hence the continuing investigation."
Bonds declined to talk about details of the case, but he offered thanks to the people who have supported him since the investigation began.
"First and foremost, I want to thank my family and friends," Bonds said. "Their support has been constant and unwavering. I would also like to thank my teammates, the fans and all those who have stood behind me throughout all of this. That support has made a difference for me and allowed me to stay focused on the field."

Source: http://sanfrancisco.giants.mlb.com/