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Hapless Prosecutors Compared to “Keystone Cops” and “Three Stooges”

Prosecutors in the United States Attorney’s Office in the Northern District of California have appealed an evidentiary ruling by U.S. District Judge Susan Illston barring significant pieces of evidence as inadmissible. Judge Illston said she was forced to postpone the trial indefinitely while the case heads to the Ninth U.S. Circuit Court of Appeals in San Francisco. The government’s appeal appears to be a tacit acknowledge of the significantly weak case they currently have against Barry Bonds in the steroid-related perjury case.

Judge Susan Illston has ruled significant pieces of evidence as inadmissible, including all three positive steroid tests and doping calendars, unless Barry Bonds’ trainer Greg Anderson testifies to verify their authenticity. Prosecutors have repeatedly failed to secure the critical testimony of Anderson after prolonged intimidation and threats. Anderson has consistently refused to testify against the baseball slugger and has been willing to go to prison for over a year on two separate contempt of court charges. Anderson confirmed to Judge Illston on Friday that he would not testify in the Bonds’ trial.

"Apparently, the prosecutors are now desperately trying to buy time to find a way out of the nightmare they have created for themselves,” said Victor Conte, the Bay Area Laboratory Co-operative (BALCO) mastermind. “It seems that they are beginning to look like the Three Stooges." But not everyone was laughing at the bumbling, hapless prosecutors in San Francisco who stand on the verge of blowing the most significant sports trial in history.

District Judge Illston was noticeable irritated when U.S. Assistant Attorney Matthew Parrella notified her of the government’s decision to appeal her ruling. "We are ready to go. We have 90 jurors coming in on Monday.” Judge Illston chastised Parrella for his last minute delay tactic, “We have made enormous accommodations. It will be an enormous expense in resources if the trial doesn't begin as planned." Obviously, the U.S. Attorney’s Office could care less about wasting additional government funds after having already spent $55 million dollars in their BALCO doping investigation.

Legal experts believe the appeal is a sure sign of desperation by the government since Judge Illston’s ruling on the evidence is solid. "I am amazed that they are doing this," remarked Golden Gate University law professor Peter Keane. "It's a very foolish move on the government's part. It has no chance of succeeding." The Ninth U.S. Circuit Court of Appeals will almost certainly defer to Judge Illston.

"The government is so desperate. It's actually quite hilarious. They can't get this guy into custody, they can't get their trial off the ground. It's like the Keystone Cops," said Mark Geragos, attorney for Greg Anderson, mocking federal prosecutors. "They go out of their way to piss [District Judge Susan Illston] off too. Generally in federal court, I found that that's not a good idea."

Prosecutors had already “piss[ed] off” Judge Illston earlier this month with their ridiculous and unsuccessful pursuit of Greg Anderson’s testimony. Assistance U.S. Attorney Matthew Parrella was also the target of Illston’s ire as she uncharacteristically raised her voice in frustration at the government’s actions.

The tactic by federal prosecutors automatically postpones the Bonds trial for several months and perhaps until next year. This gives the government more time to put together a case against Barry Bonds. Sadly, the government’s case is incredibly weak even after spending several million dollars over the course of seven years. Perhaps, the U.S. Attorney’s will continue its shameful and embarrassing intimidation campaign against Greg Anderson’s wife and mother-in-law hoping to get Anderson to testify against Barry Bonds?

The American public should prepare to see Barry Bonds exonerated. The government, with such a weak case based on circumstantial evidence, is only delaying the inevitable by going to the Ninth U.S. Circuit Court of Appeals. The perjury related charges do not even involve a factual dispute. Barry Bonds has not contested that he used anabolic steroids. This is not disputed by the government. The government must prove, beyond a reasonable doubt, Barry Bonds’ state of mind. It is considerably more challenging to prove what Bonds thought he was doing.

If the U.S. Attorney’s Office in the Northern District of California is lucky, the case will never go to trial and they will be spared some embarrassment by avoiding a courtroom disaster. Perhaps, President Barrack Obama and Attorney General Eric Holder will intervene and end the prosecution of Barry Bonds. The Obama administration has stated that is does not believe it is the role of the federal government to police steroids in sports. Whatever the outcome of the United States of America versus Barry Lamar Bonds case, it will likely mark the crescendo of the steroid witch-hunt by the government.

Sources

“Barry Bonds trial could be delayed as prosecution appeals evidence ban,” February 28, 2009

“Barry Bonds trial postponed after prosecutors decide to appeal judge's ruling,” February 27, 2009

By Millard Baker

http://www.millardbaker.com

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