Troy Ellerman the attorney who leaked significant information to the San Francisco Chronicle from the BALCO investigation, will spend 30 months in the poky.
Why does the US Govt consider leaking Grand Jury testimony to be far more punishable than the synthesis and distribution of many illegal PEDs including illegal anabolic steroids? Why does the man -- Victor Conte -- who defrauded the public in supplying illegal PEDs to athletes in MLB (Bonds, Sheffield, Giambi), the NFL (Romo), Track and Field (Tim Montgomery, Marion Jones, as well as others), and bodybuilding serve a significantly less jail time than a fellow who leaks testimony information to reporters?
Is the justice system really screwed up?
The AP (via the Examiner) gives us the details:
An attorney who admitted leaking the confidential grand jury
testimony of Barry Bonds and other athletes to a reporter was sentenced
Thursday to two and a half years in prison, by far the harshest penalty
to result from the government's sprawling probe of steroids in sports.
Troy
Ellerman, 44, pleaded guilty in February to allowing a San Francisco
Chronicle reporter to view transcripts of testimony by Bonds, Jason
Giambi, Gary Sheffield and other athletes embroiled in the steroids
investigation. Giambi admitted taking steroids while Sheffield and
Bonds testified if they did take performance enhancing drugs, they did
so unwittingly.
After the newspaper published the players'
embarrassing accounts after they had been promised confidentiality, the
judge overseeing the case recommended that the Department of Justice
launch a leak investigation.
Interesting turn of events. If it weren't for Ellerman, leaking information to Mark Fainaru-Wada and Lance Williams, Barry Bonds would be celebrated as the future home run king. Without the BALCO leak, Mark McGwire might be at the Hall of Fame induction ceremony in a few days. Raffy Pameiro would not be vilified for lying to Congress. And Jason Giambi would be a goof, but not a steroid-using goofus.
Ellerman initially blamed federal
investigators for leaking the testimony and argued that the case
against his client be tossed out because of government misconduct. He
also lied to a judge about not knowing the source of the leaks.
"This affected, and infected every aspect of the judicial system," U.S. District Court Judge Jeffrey White said.
White
also rejected Ellerman's argument that he should get a lighter sentence
because President Bush commuted former vice presidential aide I. Lewis
"Scooter" Libby's 2 1/2-year prison sentence for perjury to probation.
White said to do so would open the door to doling out unduly lenient
sentences for other white collar criminals.
"If Mr. Ellerman is dissatisfied with his sentence, he should seek a commutation from the president," White said.
Perhaps Mr. Ellerman should ask former Texas Ranger's owner George Bush for clemency. After all, the Rangers appear to be one of the original steroid-infused gang-bangers of MLB with Raffy, Ivan Rodriguez, Juan Gonzalez and even Gary Matthews, Jr.
White
also asked prosecutors about a letter Bonds' attorney Michael Rains
filed in the case arguing that the slugger was a victim of Ellerman's
actions and that Ellerman was not the only leak in the high-profile
case.
Rains says he has evidence that sources other than Ellerman
- but still unknown to him - had leaked confidential grand jury
evidence to the Chronicle and other publications.
"Since Mr.
Bonds has yet to be indicted, I have not been in position to introduce
evidence concerning the leaked grand jury materials related to this
case," Rains said in his letter to the judge. "In the event that Mr.
Bonds is indicted, I would certainly welcome such an opportunity."
Barry Bonds attorney appears to be jockeying for position in all this. The Gov't however, contends the leak case closed with the prosecution of Ellerman
But
on Thursday, Assistant U.S. Attorney Michael Raphael told the judge
that the government's leak investigation concluded with Ellerman's
conviction. Raphael conceded that there had been other "little leaks"
in the case, but that investigators were focused on finding the culprit
of the grand jury breach.
"We do not believe that there is any other source," Raphael said.
"We have no specific evidence that someone else leaked grand jury
transcripts."
The mastermind of BALCO, Victor Conte served 4 months. The chemist who illegally synthesized and distributed an untested anabolic steroid drug -THG - to athletes served 4 months. Obviously the US Gov't considers leaking Grand Jury testimony more heinous than actually distributing the illegal PEDs or using the drugs. Why?
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