Federal prosecutors striking out: Judge to bar Bonds's steroid tests

Looks like federal prosecutors are up against and ump with a shrinking strike zone.  Judge Susan Illston appears ready to strike out the most import piece of evidence federal prosecutor hold in the Barry Bonds perjury trial: the positive steroid urine tests.  To the San Jose Mercury:

A federal judge Thursday appeared poised to weaken the government's perjury case against Barry Bonds, indicating that she plans to strip prosecutors of perhaps their strongest evidence that baseball's all-time home run king lied to a grand jury about using steroids in 2003.

During a hearing in San Francisco, U.S. District Judge Susan Illston indicated she will bar prosecutors from using what they say are records showing the slugger tested positive for steroids three times in 2000 and 2001. Despite prosecutors' objections, Illston said the steroid tests were not admissible because there is no concrete link proving the urine and blood samples belonged to Bonds. Such a finding would remove a cornerstone of the government's evidence when the case reaches trial next month.

Illston is expected to issue a final decision soon, but if she blocks use of the drug tests it would mark the strongest suggestion yet that prosecutors will be hobbled because they lack the testimony of Greg Anderson, Bonds' former personal trainer who has steadfastly refused to cooperate and tell his account in a courtroom.

Interesting that the judge would simply bar the tests rather than let the jury decide on the power and the legitimacy of the BALCO tests.  However, it doesn't surprise us.  Judicial realism can be out-of-control, in determining what is and isn't 'truth' these days in the legal system.

Readers should expect some ridiculous maneuvering in the case; no good getting upset or outraged.  The entire conspiracy is an example of how far far from a sense of ethical fairness certain segments of society has drifted.  Cheating: no problem.  At least Bonds didn't rob people of their live savings as Bernie Madoff did in his 50 billion doallr Pnozi scheme.  Bonds only robbed fans of their sens of integrity.

Baseball's lost steroid decade...one more big Ponzi scheme only played out with steroids rather than strictly played out with investments.

Comments

[ECM]

I don't understand: can't they just test the blood for his DNA?

[dch]

They don't have the blood used in those tests any more, I would guess. Therefore, there's no way to prove that the samples came from Bonds. You need Anderson to testify to that.

As Anderson is the only one that can properly ID the tests as belonging to Bonds, they can't get in without him. It's a proper legal ruling, though unfortunate.

[ECM]

Ah, I see. Thanks for clearing that up.