
Barry Bonds, the most prolific slugger in baseball history and holder of the most cherished record in American sports, yesterday was indicted on charges of perjury and obstruction of justice, stemming from his testimony to a federal grand jury four years ago that he had not knowingly used steroids.
Mr. Bonds, 43, faces a maximum of 30 years in prison if convicted on the four perjury charges and one obstruction of justice charge being brought against him for allegedly lying under oath. An arraignment has been scheduled for Dec. 7 at U.S. District Court in San Francisco, with a trial unlikely to begin until late next spring at the earliest.
"During the criminal investigation, evidence was obtained including positive tests for the presence of anabolic steroids and other performance-enhancing substances for Mr. Bonds and other athletes," the indictment read, before detailing parts of Mr. Bonds' testimony in December 2003, with the allegedly perjured statements underlined.
Mr. Bonds' legal status had been hanging over professional baseball for nearly four years, providing a public face to a controversy involving the use of performance-enhancing drugs by elite athletes and creating a murky backdrop to Mr. Bonds' pursuit this summer of Hank Aaron's all-time home run record. With yesterday's indictment, one key question was answered -- until the indictment was unsealed, Mr. Bonds never had been revealed to have failed a drug test -- but others were posed, such as what to do with Mr. Bonds' records and legacy if he is convicted.
Michael Rains, Mr. Bonds' attorney, criticized prosecutors for not providing Mr. Bonds' defense with a copy of the indictment, saying in a statement, "Now that their biased allegations must finally be presented openly in a court of law, they won't be able to hide their unethical misconduct from the public any longer."
Commissioner of Baseball Bud Selig released a statement saying, "While everyone in America is considered innocent until proven guilty, I take this indictment very seriously and will follow its progress closely."
President Bush, the former owner of the Texas Rangers, also reacted to the news. "The president is very disappointed to hear this," White House spokesman Tony Fratto said. "As this case is now in the criminal justice system, we will refrain from any further specific comments about it. But clearly, this is a sad day for baseball."
That Mr. Bonds, baseball's all-time home run king and its most polarizing figure, would be accused of using steroids is hardly surprising. His transformation from a lithe leadoff hitter in the 1990s to the hulking slugger who destroyed many of the most sacred records in baseball during this decade has long drawn scrutiny.
However, the timing of the indictment stunned the baseball world, which until yesterday was more concerned with where Mr. Bonds, a free agent after the San Francisco Giants cut him loose after this season, would be playing in 2008. It came nearly four years since Mr. Bonds' original grand jury testimony in the investigation of the Bay Area Laboratory Cooperative, a San Francisco-area nutritional supplements lab known as Balco, and after months in which there had been no visible evidence of progress in the government's case.
Hours after the indictment was handed down, a federal judge ordered Greg Anderson, Mr. Bonds' personal trainer and a key figure in the Balco case, released from prison, where he had been serving for much of the past year for refusing to testify against Mr. Bonds. Mr. Anderson's lawyer, Mark Geragos, said his client did not change his mind about testifying.
"Not only has he not changed his mind, he's more incensed than ever," Mr. Geragos said in a phone interview. "He was misled. The only reason he went into custody was because the government said it could not make its case without his cooperation."
Still, the government's case against Mr. Bonds "looks pretty strong," said George Washington University Law School adjunct professor Wayne Cohen, a past president of the Trial Lawyers Association of Metropolitan Washington, D.C. "The standard [for guilt] on perjury and obstruction cases is easier to prove than it would be on the underlying steroids case. And all they need are documents and a witness, and the government will be able to make its case."
Only three months ago, Mr. Bonds became baseball's all-time home run king, hitting career home run No. 756 off Washington Nationals pitcher Mike Bacsik to break Mr. Aaron's cherished record.
Mr. Bonds, who has won an unprecedented seven most-valuable-player awards, is the third athlete and fourth sports figure to face perjury charges in connection with the Balco probe. Last month, five-time Olympic medal winner Marion Jones pleaded guilty to lying to investigators about her steroid use before and after the 2000 Summer Games. Track cyclist Tammy Thomas and Ms. Jones's former coach, Trevor Graham, were indicted last year on perjury charges; both cases could go to trial next month.
Six people, including Ms. Jones, have been convicted in the Balco probe. The others are Balco founder Victor Conte; Balco Vice President Jim Valente; Mr. Anderson; Balco chemist Patrick Arnold; and track and field coach Remi Korchemny. None went to trial; all accepted plea bargains.