Best Friend Ever Hauled Back to Court
Updated 11:47 AM PST, Fri, Feb 27, 2009
As expected, Barry Bonds' personal trainer Greg Anderson told a judge he will refuse to testify at the slugger's perjury trial starting next week.
Anderson made his vow of silence Friday at a hearing ordered by U.S. District Court Judge Susan Illston, who wanted to determine his intentions without a jury present.
Anderson's lawyer, Mark Geragos, told the judge that his client will appear in court as summoned on Wednesday, but "he's not going to testify."
Illston told Anderson, "If you testify, your testimony would be central to the prosecution of that case."
She told the trainer that she will find him in contempt of court and imprison him if he declines to testify and then asked Anderson whether he plans to refuse. Anderson answered, "Yes."
If Anderson is found in civil contempt of court, he could be imprisoned for the duration of the trial, which is expected to last three to four weeks.
But prosecutor Matthew Parrella asked the judge to consider finding Anderson in criminal contempt of court, which could entail a lengthier prison term. The judge made no decision.
Without Anderson's testimony, the judge is barring prosecutors from showing jurors key evidence such as positive drug tests alleged to have belonged to Bonds.
Prosecutors said in court papers they will demand Anderson be jailed on a contempt of court charge for the length of trial.
Anderson previously served a year in prison for refusing to testify before a grand jury.
In a separate development, Parrella told the judge that prosecutors are considering appealing a ruling in which Illston refused to allow the steroids tests and calendars into evidence unless Anderson testifies. The appeal would halt the trial.
Illston told prosecutors it would be an "enormous expense and inconvenience" to delay the trial, since 90 potential jurors who have been found to be available for the month-long proceeding are prepared to report to court for jury selection Monday.
Parrella told the judge that prosecutors will announce by 3 p.m. today whether they will appeal the evidence ruling.
For now, Bonds is slated to go on trial next Monday on charges of lying to a grand jury in 2003 when he denied he had knowingly used steroids.
Anderson would be a key prosecution witness because his testimony would be needed to authenticate three positive steroids tests and alleged doping calendars that prosecutors claim are linked to Bonds.
The judge said she wanted prosecution and defense attorneys to know in advance of the trial whether Anderson will testify because that will affect their opening statements to the jury.
Bonds, who set a Major League Baseball record for career home runs while playing for the San Francisco Giants in 2007, faces 10 criminal counts of false statements and one count of obstructing justice.
Copyright Bay City News
First Published: Feb 27, 2009 6:56 AM PST
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