
The cloud of suspicion hovering over Barry Bonds has darkened considerably.
Bonds, baseball’s home run king, faces prison time after being indicted on charges of perjury and obstruction of justice that stem from his denials under oath that he used anabolic steroids and that his personal trainer injected him with performance-enhancing drugs.
The indictment alleges that Bonds lied to a federal grand jury 19 times. He is scheduled to appear in U.S. District Court in San Francisco on Dec. 7.
The indictment was unsealed Thursday, more than five years after a federal agent started digging through trash outside the Bay Area Laboratory Co-Operative (BALCO) near San Francisco and collected evidence that would lead to the biggest steroids scandal in the history of sport and, ultimately, lead to the charges against Bonds. The indictment includes a reference to Bonds testing positive for steroids in November 2000 – and that could prove to be the most controversial piece of the government’s impending case against the controversial slugger.
Major League Baseball did not begin drug testing until 2003, meaning the results of the drug test referenced in the indictment probably were seized during the government’s raid of BALCO, which happened to be that same year.
Victor Conte, the founder of BALCO who served four months in prison after pleading guilty to steroid-related charges, said the drug test likely took place when Bonds joined an assortment of world-class athletes working with Conte. But Conte said the case against Bonds could crumble if the positive drug test is the government’s “smoking gun.”
Conte said the protocol used to assure the integrity of a drug test – typically known as the chain of custody because it tracks the sample of urine or blood from the point of collection to the lab where it’s tested – was not in place. Second, Conte pointed out that the indictment does not say what the positive drug test showed. But if a high level of testosterone was detected, according to Conte, the positive test could have resulted from a contaminated nutritional supplement or pro-hormones that were sold legally until 2005.
It also is possible the positive drug test belongs to Bonds and could have resulted from Bonds’ taking anabolic steroids, according to Conte.
“But is it beyond a reasonable doubt? I don’t think it is,” Conte said. “That’s why I didn’t think they would bring the indictment. But they did, so now it’s war.”
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