The U.S. Attorney’s Office in San Francisco announced that it would not seek indictments against Barry Bonds or anyone else Thursday but said its investigation of drugs in sports would continue.
The statement, by spokesman Luke Macaulay, seemed to indicate that it would continue to pursue the case against Bonds and others.
“Much has been accomplished to date, and we will continue to move forward actively in this investigation–including continuing to seek the truthful testimony of witnesses whose testimony the grand jury is entitled to hear,” Macaulay said.
That statement is most likely a reference to Bonds’ personal trainer, Greg Anderson, who was released from federal prison Thursday. He had been held for contempt of court since July 5 for refusing to testify to the grand jury investigating Bonds. He was released because the grand jury’s term expired.
Bonds arrived at AT&T Park with his 16-year-old son. As reporters moved toward his locker, team spokesman Blake Rhodes said Bonds would have no comment.
Major League Baseball also declined to comment.
Giants owner Peter Magowan said he hoped to see a resolution soon.
“I think all of us would like to see a resolution, I mean everybody in baseball,” Magowan said. “I’m sure the commissioner would like to see one, I’m sure Barry would like to see one and I’m sure the fans would like to see one.”
Anderson’s lawyer, Mark Geragos, told the Associated Press that a new grand jury would be convened Thursday and that Anderson would be the first witness subpoenaed. Anderson’s testimony is key in the case against Bonds, who is being investigated for perjury and tax evasion.
Bonds’ lawyer, Michael Rains, told the Mercury News that he was “cautiously optimistic” his client could avoid indictment. He said Bonds was relieved to learn the news Thursday..
“They don’t even have enough to indict a ham sandwich, let alone Barry Bonds,” Rains said.
The perjury investigation stems from Bonds’ testimony to a grand jury in December 2003. At that session, Bonds reportedly said Anderson gave him two substances he believed to be an arthritis balm and the nutritional supplement flaxseed oil.
Those substances likely were “the cream” and “the clear”–potent performance-enhancing drugs for which baseball did not test at the time. Prosecutors are trying to prove that Bonds knew what he was taking and that his statement was a lie. Anderson’s testimony is crucial to proving that charge.
The other key element of the government’s investigation is tax evasion. The government may be trying to prove that Bonds schemed to trick the Internal Revenue Service by diverting tens of thousands made from memorabilia sales to his girlfriend, Kimberly Bell.
The woman’s lawyer said she testified that Bonds gave her $80,000–bundled in $9,000 chunks to avoid detection–as a down payment for a house in Arizona.
Five people–two businessmen, a personal trainer, a track coach and a chemist–already have been convicted in the BALCO case.
