vendredi 18 mars 2011

Sex, drugs and Barry Bonds: coming to trial soon

SAN FRANCISCO (Reuters) - Baseball homer run king Barry Bonds faces off against former teammates and an ex-girlfriend expected to testify about his sexual performance in a trial next week over whether he lied about taking steroids.
A sparring match between Kimberly Bell, Bonds' Playboy-posing mistress, and defense lawyer Cristina Arguedas may be one of the high points -- or low points -- of the trial.
Prosecutors want Bell to discuss the size of Bonds' testicles and his temper, which they say point to use of performance-enhancing drugs. Court filings suggest the defense will attempt to use Bell's "rich sexual history" to provide an alternate explanation for Bonds' outbursts.
Arguedas is expected to take on the delicate task of aggressively questioning Bell without making her appear a victim to jurors.
"Especially in San Francisco, jurors may be of (the) view that people have a right to pose in Playboy," said Walter Brown, a former federal prosecutor who is not involved in the Bonds case. "If you're trying to suggest those things are bad, that could backfire easily."
The charges in the case stem from Bonds' 2003 appearance before a U.S. grand jury investigating The Bay Area Laboratory Co-Operative (BALCO), whose head has pleaded guilty to dispensing steroids to professional athletes.
Bonds told the grand jury he did not knowingly use steroids or growth hormones and said he never questioned the flaxseed oil, vitamins, protein shakes and creams his trainer, Greg Anderson, supplied him.
As a member of the San Francisco Giants, Bonds broke Hank Aaron's 33-year-old career home run record in August 2007, his last season in baseball. Three months later a grand jury indicted him for perjury and obstruction of justice.
"The prosecution wants to make this a simple case and the defense wants to make it a complicated case," said Robert Weisberg, a Stanford University law professor who has closely followed the case.
Government prosecutors must show that Bonds made a factual statement that he knew to be wrong and if the defense can create enough confusion about the evidence, the jury will feel it cannot convict beyond a shadow of a doubt, Weisberg said.
The prosecution can call on athletes who can testify about getting performance-enhancing drugs from BALCO. Jason Giambi and his brother Jeremy Giambi have agreed to say that they obtained the drugs while in the Bay Area playing for the Oakland Athletics, court records show.
Bonds' former teammates Benito Santiago, Armando Rios and Marvin Benard have offered similar testimony, prosecutors say.
Defense attorneys will try to show that these athletes' experiences have little bearing on Bonds.
"The defense is going to point out that no witness has personal knowledge," said Rory Little, a University of California Hastings College of Law criminal law expert. "They will say, 'You took steroids but you don't know that Barry Bonds took steroids.'"
The government will draw on other kinds of evidence, including testimony from Bell and one of Bonds' doctors, Arthur Ting, about changes in Bonds' physique and temper.
Bonds was one baseball's greatest players during a 22-year career in which he also set a single-season record with 73 home runs. He was named the National League's most valuable player seven times but his peak years were clouded by suspicions of performance-enhancing drugs.

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