Barry Bonds Indictment – How to Defend?

Ryan Smith, a sports attorney and host at BET TV, said on CNN today that the indictment of Barry Bonds seemed to have come out of left field. He said that he was surprised because it has been two years since the investigation started.

It is not uncommon for FBI investigations to take two or three years. All of the FBI investigations I am familiar with have taken three years before indictment. They apparently take their time and work methodically to assure a solid case and likelihood of a conviction.

It should not be forgotten that it is relatively easy to indict someone. A grand jury almost always follows the lead of the prosecutor and returns an indictment.

In an attempt to make district attorneys more accountable for their actions, then New York State Chief Judge Sol Wachtler proposed that the state eliminate the grand jury as a method of bringing criminal indictments. In a story published in the New York Daily News by Marcia Kramer and Frank Lombardi, to describe the influence that district attorneys have on a grand jury, Justice Wachtler said, “by and large” a district attorney could get a grand jury to “indict a ham sandwich.”

Proving guilt at a criminal trial is entirely different and substantially more difficult. It is alleged that there is new evidence that Barry Bonds tested positive in a drug test, but Barry Bonds was not indicted for using illegal drugs. In 2006, prosecutors announced that a grand jury would not indict him for using illegal drugs.

Barry Bonds was indicted on four counts of perjury and one count of obstructing justice for lying to a federal grand jury about his use of illegal drugs. Like everything else in life, this changes everything. On one hand, it may be easier to obtain a conviction for lying, while on the other hand, it provides new defense opportunities.

Barry Bonds’ defense attorneys have their work cut out for them, but they have a lot to work with. First of all, the alleged positive result of a drug test for steroids can be attacked and then there are other defense possibilities. For all we know, Barry Bonds may have thought that he was getting vitamin B12 injections.

If any drug lawyers want to post their comments with different defense theories and how they would proceed, please do so.

Philip L. Franckel, Esq.
Drug Lawyer

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