<TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD>Sources see indictment
on deck for Barry
</TD></TD><TR><TD>
</TD></TR><TR><TD>BY MICHAEL O'KEEFFE in Pittsburgh
and T.J. QUINN in New York
DAILY NEWS SPORTS WRITERS
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</TD></TR><TR><TD>[SIZE=-1]Barry Bonds may be chasing Hank Aaron, but he too is being pursued. [/SIZE]</TD></TR><TR><TD width=10 height=10><!--
--></TD></TR></TBODY></TABLE><!-- Component: NYDailyNews : component/story/picture.comp -->Barry Bonds has played in 13 All-Star Games during his career, but during yesterday's All-Star media sessions he seemed like one of those old Soviet leaders who were airbrushed out of photographs when they fell out of favor with their peers.
While the players themselves tried to avoid any topic outside the gentle fairways of good news, the U.S. Attorney's office in San Francisco is mulling over whether it will seek an indictment against Bonds, perhaps as soon as next week. Bonds is facing possible indictment for perjury and tax evasion, and the grand jury that has been hearing evidence against him is due to expire within the next couple of weeks.
Generally, several attorneys said, when a grand jury comes to the end of its term, a prosecutor will seek an indictment. Getting the indictment isn't difficult: As former New York State chief justice Sol Wachtler famously told the Daily News in 1985, a grand jury would "indict a ham sandwich."
But if Kevin Ryan, the U.S. attorney in San Francisco, gets the indictment he wants from the grand jury, "it will be because they believe they have enough to convict, not because they think it will give them leverage or result in a plea or something like that," said Long Island attorney Rick Collins, the author of "Legal Muscle: Anabolics in America."
Bonds' longtime friend and personal trainer, Greg Anderson, one of four men convicted in the BALCO steroid trafficking case, was sent back to prison by a judge last week and denied bail for refusing to testify before the grand jury. (Anderson's attorney yesterday asked a California appeals court to allow his client to be freed on bail.) Though Anderson is not available, several other key witnesses have appeared. Among them: Bonds' former physician Arthur Ting; Giants trainer Stan Conte (no relation to BALCO founder Victor); and Kimberly Bell, who reportedly told the grand jury that Bonds gave her about $80,000 in possibly undeclared cash and admitted to her he used anabolic steroids before he was introduced to BALCO.
Bonds told a grand jury in December 2003 that he did not knowingly take performance-enhancing drugs.
Sources within Major League Baseball said they have no inside information, but expect that the troubled slugger will be indicted. On one of the next few Thursdays, the grand jury will meet in the Philip Burton Federal Building in San Francisco and may be asked to weigh the evidence. If at least 12 of the 23 members agree that there is "probable cause" that a crime has been committed and Bonds is the one who committed it, they will return a "true bill," otherwise known as an indictment. The grand jury could also return a "not true" bill, meaning it will not indict. The U.S. attorney could also decide not to seek an indictment at that point, or request an extension for the grand jury from the judge.
Collins said he thinks the feds would have a tough time getting an extension.
"I'm not so sure there would be a basis for it," he said, noting that he is not familiar with all the facts in the case. "If the government doesn't know what witnesses they need now, they never will."
Several senior MLB sources said they believe Bonds likely will be indicted, and that they found plenty of damning information about Bonds in their own investigation, launched secretly a year before commissioner Bud Selig appointed former U.S. Senator George Mitchell to conduct an inquiry in the spring.
A Bonds indictment, coming just two months after he passed Babe Ruth on the all-time home run list, would be a public relations calamity for the game. But players, coaches and baseball executives at the All-Star festivities said they haven't paid attention to his legal problems.
"I don't know," Mets shortstop Jose Reyes said, "and I don't want to talk about it."
Toronto Blue Jays pitcher B.J. Ryan claimed geographical ignorance. "I don't get caught up in that story because we're on the East Coast and they are on the West Coast," he said.
Cleveland manager Eric Wedge said it was a league thing.
"We're so far removed from it in the American League. It's not something I put a great deal of thought into," he said. "I just know this - the game is bigger than anybody and I think that's proven time and time again."
Tommy Lasorda seems to have an opinion on just about everything, but the longtime former Dodgers manager said he couldn't talk about Bonds' future. "I have no idea what's going to happen, so there's no sense in commenting," Lasorda said. "Nobody else does, either."
</TD></TR></TBODY></TABLE>
on deck for Barry
</TD></TD><TR><TD>
</TD></TR><TR><TD>BY MICHAEL O'KEEFFE in Pittsburgh
and T.J. QUINN in New York
DAILY NEWS SPORTS WRITERS
</TD></TR><TR><TD><!-- Component: NYDailyNews : component/story/picture.comp --><TABLE cellSpacing=10 cellPadding=0 width=50 align=right border=0><TBODY><TR><TD>
While the players themselves tried to avoid any topic outside the gentle fairways of good news, the U.S. Attorney's office in San Francisco is mulling over whether it will seek an indictment against Bonds, perhaps as soon as next week. Bonds is facing possible indictment for perjury and tax evasion, and the grand jury that has been hearing evidence against him is due to expire within the next couple of weeks.
Generally, several attorneys said, when a grand jury comes to the end of its term, a prosecutor will seek an indictment. Getting the indictment isn't difficult: As former New York State chief justice Sol Wachtler famously told the Daily News in 1985, a grand jury would "indict a ham sandwich."
But if Kevin Ryan, the U.S. attorney in San Francisco, gets the indictment he wants from the grand jury, "it will be because they believe they have enough to convict, not because they think it will give them leverage or result in a plea or something like that," said Long Island attorney Rick Collins, the author of "Legal Muscle: Anabolics in America."
Bonds' longtime friend and personal trainer, Greg Anderson, one of four men convicted in the BALCO steroid trafficking case, was sent back to prison by a judge last week and denied bail for refusing to testify before the grand jury. (Anderson's attorney yesterday asked a California appeals court to allow his client to be freed on bail.) Though Anderson is not available, several other key witnesses have appeared. Among them: Bonds' former physician Arthur Ting; Giants trainer Stan Conte (no relation to BALCO founder Victor); and Kimberly Bell, who reportedly told the grand jury that Bonds gave her about $80,000 in possibly undeclared cash and admitted to her he used anabolic steroids before he was introduced to BALCO.
Bonds told a grand jury in December 2003 that he did not knowingly take performance-enhancing drugs.
Sources within Major League Baseball said they have no inside information, but expect that the troubled slugger will be indicted. On one of the next few Thursdays, the grand jury will meet in the Philip Burton Federal Building in San Francisco and may be asked to weigh the evidence. If at least 12 of the 23 members agree that there is "probable cause" that a crime has been committed and Bonds is the one who committed it, they will return a "true bill," otherwise known as an indictment. The grand jury could also return a "not true" bill, meaning it will not indict. The U.S. attorney could also decide not to seek an indictment at that point, or request an extension for the grand jury from the judge.
Collins said he thinks the feds would have a tough time getting an extension.
"I'm not so sure there would be a basis for it," he said, noting that he is not familiar with all the facts in the case. "If the government doesn't know what witnesses they need now, they never will."
Several senior MLB sources said they believe Bonds likely will be indicted, and that they found plenty of damning information about Bonds in their own investigation, launched secretly a year before commissioner Bud Selig appointed former U.S. Senator George Mitchell to conduct an inquiry in the spring.
A Bonds indictment, coming just two months after he passed Babe Ruth on the all-time home run list, would be a public relations calamity for the game. But players, coaches and baseball executives at the All-Star festivities said they haven't paid attention to his legal problems.
"I don't know," Mets shortstop Jose Reyes said, "and I don't want to talk about it."
Toronto Blue Jays pitcher B.J. Ryan claimed geographical ignorance. "I don't get caught up in that story because we're on the East Coast and they are on the West Coast," he said.
Cleveland manager Eric Wedge said it was a league thing.
"We're so far removed from it in the American League. It's not something I put a great deal of thought into," he said. "I just know this - the game is bigger than anybody and I think that's proven time and time again."
Tommy Lasorda seems to have an opinion on just about everything, but the longtime former Dodgers manager said he couldn't talk about Bonds' future. "I have no idea what's going to happen, so there's no sense in commenting," Lasorda said. "Nobody else does, either."
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uppy:
