Barry Bonds avoids jail, gets 2 years’ probation, home confinement

December 16, 2011

Los Angeles Times on December 16, 2011 released the following:

By: Maura Dolan in San Francisco

“Barry Bonds, baseball’s home run king, was sentenced Friday to two years’ probation with home confinement, plus a $4,000 fine, for giving evasive testimony to a federal grand jury eight years ago during an investigation of doping in sports.

Bonds, 47, was charged with several counts of perjury and obstruction of justice for lying during the grand jury’s probe of the Burlingame, Calif.-based Bay Area Laboratory Co-Operative, or BALCO, which sold banned substances to athletes.

A trial jury last April deadlocked on the perjury charges, returning only one conviction for felony obstruction. Jurors said Bonds obstructed justice by being intentionally evasive in his testimony.

Federal sentencing guidelines recommend 15 to 21 months in prison for obstruction, but probation officials told Judge Susan Illston that Bonds’ offense warranted much less: two years’ probation, a $4,000 fine, 250 hours of community service and “location monitoring” or home confinement.

Probation officials cited Bonds’ history of charitable and civic works — works that Bonds’ attorneys said he kept private even though they would have enhanced his reputation.

Prosecutors countered that the former San Francisco Giants star deserved 15 months in prison for his “pervasive efforts to testify falsely, to mislead the grand jury, to dodge questions, and to simply refuse to answer questions in the grand jury.””

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Judge set to sentence Barry Bonds

December 16, 2011
Barry Bonds

CNN on December 15, 2011 released the following:

“(CNN) — Baseball legend Barry Bonds is scheduled to be sentenced Friday for his obstruction of justice conviction.

The hearing at 11 a.m. (2 p.m. ET) will take place in a San Francisco federal courtroom less than two miles from the ballpark where Bonds broke Hank Aaron’s major league home run record in August 2007.

Federal prosecutors want Bonds, 47, to serve 15 months in prison, according to a sentencing memo filed in court earlier this month.

Defense lawyers argued in their filing that the judge should accept the probation office’s recommendation that Bonds be sentenced to two years’ probation, fined $4,000 and ordered to perform 250 hours of community service.

Jurors who found Bonds guilty in April said he was “evasive” in his testimony to the federal grand jury investigating illegal steroids use by pro athletes.

“Because Bonds’s efforts were a corrupt, intentional effort to interfere with that mission, a sentence of 15 months imprisonment is appropriate,” the prosecution said in its memo to U.S. District Judge Susan Illston.

But jurors, who were deadlocked on three perjury counts, said that it was not proven that Bonds lied when he testified that he had not knowingly used steroids. Prosecutors decided not to pursue a retrial.

Prosecutors still argued in the sentencing memo that Bonds’ denial that he was “taking steroids and human growth hormone were patently false.”

Bonds’ testimony in December 2003 was part of the investigation that targeted Bonds’ personal trainer Greg Anderson and employees of the California drug testing laboratory known as the Bay Area Laboratory Co-operative (BALCO).

The testimony that led to Bonds’ conviction came when a grand jury prosecutor asked Bonds if Anderson ever gave him “anything that required a syringe to inject yourself with.”

Bonds told the grand jury that only his personal doctors “ever touch me,” and he then veered off the subject to say he never talked baseball with Anderson.

Defense lawyers argued that Bonds thought the creams and ointments Anderson was giving him were made of flax seed oils.

Sentences for other athletes convicted in connection with the BALCO investigation have not included prison time.”

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Barry Bonds’ lawyers seek home confinement

December 7, 2011
Barry Bonds

San Francisco Chronicle on December 7, 2011 released the following:

“Bob Egelko, Chronicle Staff Writer

Barry Bonds’ lawyers asked a federal judge Tuesday to sentence him to home confinement for obstruction of justice in his testimony about steroids, saying Bonds has a laudable but little-known record of public service and should be sentenced no more severely than other sports figures.

The former Giants star, baseball’s all-time home run leader, was convicted in April of trying to thwart an investigation into steroid distribution by giving evasive answers to a federal grand jury in 2003. The jury deadlocked on three charges that Bonds committed perjury in denying he had knowingly used steroids, and prosecutors have decided not to retry him.

Defense lawyers plan to appeal the conviction. In the meantime, U.S. District Judge Susan Illston of San Francisco is scheduled to sentence Bonds on Dec. 16 and could send him to prison for a year or more – but is unlikely to do so, based on her sentencing in earlier cases.

For example, as Bonds’ lawyers noted Tuesday, Illston sentenced former cycling champion Tammy Thomas to six months of house arrest for four convictions of lying about steroids. The judge gave track coach Trevor Graham a year of home confinement for a perjury conviction after evidence that he had supplied drugs to athletes.

A court-appointed probation officer has recommended that Bonds be given probation and home confinement for some period below six months, and Illston should follow that proposal, defense lawyer Allen Ruby said. He did not specify the recommended period and said the officer’s report was confidential.

“Mr. Bonds does not dispute that he was convicted of a serious offense,” Ruby said. But he cited the probation officer’s conclusion that his conviction appears to be “an aberration when taken in context of his entire life.”

Prosecutors have not yet submitted their sentencing recommendation.

Bonds, 47, was charged with lying to and misleading the grand jury that was investigating steroid distribution to athletes by BALCO, the Bay Area Laboratory Co-Operative in Burlingame.

His longtime friend and former trainer, Greg Anderson, refused to testify against him and spent more than a year in prison for contempt of court, preventing prosecutors from tying Bonds to BALCO tests showing steroid use.

He was convicted of obstructing justice by replying to a question about whether Anderson had ever given him injectable drugs with an answer that discussed their friendship, Bonds’ childhood and other subjects but never saying yes or no. Bonds’ lawyers said he later answered the question truthfully with a denial, but Illston upheld the conviction.

In Tuesday’s filing, Ruby said Bonds should be given credit for “charitable and civic contributions” that “have taken place away from the public eye.”

He quoted a letter to the court from a nurse at UCSF Children’s Hospital, where a new family playroom bears Bonds’ name.

Bonds has made numerous “unannounced and unpublicized visits” and is “always unfailingly kind and attentive to the many young children who flock to his side,” the nurse said. “Frequently he will go to the bedside of a particularly ill child and gently give him/her words of encouragement to ‘never give up.’ “”

————————————————————–

Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.