The San Jose Mercury-News and the New York Daily News report on some preliminary games in the Bonds action in San Francisco.
The federal prosecutor notified BALCO boss Conte, his VP James Valente, Bonds' steroid dealer Greg Anderson, and dope-spreading track coach Remi Korchemny that they need sealed documents from the original BALCO trial returned or destroyed. Apparently, in anticipation of the huge interest in the Bonds proceedings, the Feds want an air-tight Bonds trial. Therefore the Gov't want to eliminate all outside documentation that could be leaked to the press and the public. (motion to reconsider here)
Conte and the BALCO gang filed a counter motion.
Conte and three other BALCO defendants filed a motion Monday asking a federal court in San Francisco to reconsider its order for them to return or destroy all sealed material detailing drug use among elite athletes in the ongoing steroids case.
According to the motion, which was joined by BALCO vice president James Valente, Bonds' trainer Greg Anderson and track coach Remy Korchemny, the government is seeking to obtain grand jury transcripts, search warrants affidavits, drug lists, financial records and statements of the parties, many of which already have been leaked to the press, possibly in an attempt to prosecute the parties if the documents are leaked again in the future.
U.S. District Court Judge Susan Illston ordered the four on Sept. 11 to return or destroy the documents they received after they were charged in 2004 with operating a steroids ring out of BALCO.
Here is the motion from the federal judge, indicating the Govt is serious about security in the case.
"If the moving parties are required to assure the Court that they have returned all sealed documents or to certify that they have destroyed them in a case marked by unprecedented leaking and over such a long period, they are exposed to an open-ended danger that subsequent publication of the contents of any such documents will expose the moving parties to suspicion, scrutiny, searches and accusation," the motion reads.
Attorneys familiar with the case told the Daily News it is not unusual for federal prosecutors to ask defense lawyers to return documents or certify their destruction as they pursue additional cases.
As you all recall, Troy Ellerman, a former attorney for Victor Conte leaked much of the BALCO materials to the San Francisco Chronicle.
Get ready for a long and bumpu legal ride the next few months.
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