The government’s case against Barry Bonds includes several positive drug test results that prosecutors say belong to the former San Francisco Giants slugger.
That evidence will be part of hundreds of pages of court filings by prosecutors and Bonds’ attorneys that a federal judge plans to unseal Wednesday.
The documents are expected to reveal details of the government’s allegations against Bonds, who is accused of lying to a grand jury about alleged use of performance-enhancing drugs.
Among the positive drug test results is a urine sample submitted by Bonds during baseball’s anonymous testing program in 2003, according to a New York Times report.
Bonds’ sample did not test positive under MLB’s program but was retested by investigators after it was seized in a 2004 raid, anonymous sources told the newspaper.
The documents to be released Wednesday will also include a transcript of a recorded conversation between Bonds’ personal trainer, Greg Anderson, and Bonds’ former business partner, Steve Hoskins.
Bonds is expected to plead not guilty to perjury charges for the third time Thursday, the same day U.S. District Court Judge Susan Illston will consider what government evidence to exclude from the slugger’s trial next month.
Bonds has pleaded not guilty twice before, the first time in November 2007 when prosecutors unsealed an indictment charging him with perjury and obstruction of justice. A judge has ordered prosecutors to revise the indictment twice to repair legal technicalities. Bonds pleaded not guilty after the first revision but has yet to appear in court to answer to the second revised indictment, which was unsealed on Dec. 4.
Prosecutors say Bonds lied to a federal grand jury when he denied knowingly taking performance enhancing drugs during his pursuit of the game’s single-season home run mark and Hank Aaron’s vaunted career record.
Bonds testified in December 2003 that he took substances provided by Anderson, his personal trainer, that the government says were a designer steroid. But Bonds told the grand jury that he did not know he was taking performance-enhancing drugs at the time. He also has denied knowingly taking other steroids and human growth hormone.
Prosecutors argue they can prove through positive test results and other evidence that Bonds lied.
Bonds’ attorneys are seeking to exclude several urine and blood test results from the trial, which is scheduled to start March 2.
When Bonds’ attorneys filed court papers on Jan. 15 looking to exclude the material, they filed the details of their argument under seal. They argued that making details of the test results public would harm Bonds’ chances of getting a fair trial by tainting potential jurors.
The government’s response, which includes much of the evidence it intends to show jurors, was filed under seal last week.
The judge initially ordered those documents to remain under seal. But she changed her mind earlier this week after The Associated Press, San Francisco Chronicle and San Jose Mercury News protested. Illston said Tuesday that the release of the documents will not hurt Bonds’ chances for a fair trial.
Lead prosecutor Matt Parrella declined comment. Bonds’ lead attorney Allen Ruby said he would not fight the judge’s unsealing order.