07-11-2006, 04:30 PM
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| Senior Monk
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Rep Power: 0  | MLB: Bonds' Trainer Asks Court For Bail
Quote:
SAN FRANCISCO - Barry Bonds' personal trainer asked a federal appeals court on Monday to allow him to leave prison on bail nearly a week after a judge ordered him locked up for refusing to testify to a grand jury investigating the
San Francisco Giants slugger.
Greg Anderson, who served three months in prison after pleading guilty last year for his role in the Bay Area Laboratory Co-Operative steroid scandal, was held in contempt of court last week and taken to prison.
At that time, Judge William Alsup denied Anderson's plea for bail, ruling that granting such a request would defeat the purpose of jailing the trainer to compel him to testify.
On Monday, Anderson's attorney Mark Geragos asked the 9th U.S. Circuit Court of Appeals to overturn Alsup's ruling and set Anderson free.
Geragos argued in the court papers that Anderson shouldn't have to testify because of numerous leaks of ostensibly secret grand jury testimony to two San Francisco Chronicle reporters, who have also written a book based largely on leaked testimony.
Grand jury testimony is done in secret and usually can't be publicly released without the consent of the witness.
"The gross, callous and destructive breaches of grand jury secrecy in this case create ample just cause for Mr. Anderson's refusal to testify," Anderson's appeal stated.
Geragos said in the court filing that government lawyers offered Anderson immunity from prosecution to testify, but he declined because "of his belief that his testimony would likely be released to the press."
Geragos further argued that the agreement Anderson made with prosecutors to plead guilty last year included language that stated he didn't have to cooperate with the investigation.
"It was only when the government relented on this issue, deleted names of athletes from the agreement, and assured Mr. Anderson that his plea would end this matter and he would not have to cooperate in the future that Mr. Anderson agreed to enter the plea bargain," Geragos wrote in Anderson's appeal.
Geragos also argued that Anderson shouldn't have to testify because he was the target of an illegal wiretap.
Prosecutors have a tape recording of Anderson discussing illegal steroids with another person who they say made the recording during a face-to-face meeting. The prosecutors argue they didn't obtain the tape illegally, but have promised not to use its contents when questioning Anderson.
Alsup hasn't directly ruled on the matter, but said since the government has vowed not to use the tape, Anderson should still have to testify.
But Geragos said Anderson and his attorneys have never heard the tape nor seen a transcript of the conversation. Geragos didn't return telephone calls Monday.
"We believe the court imposed the proper sanction, beyond that we will respond in court as appropriate," U.S. attorney spokesman Luke Macaulay said.
The appeals court is not expected to rule until it receives the government's response, due July 13.
Anderson was initially ordered in March to testify to the grand jury investigating whether Bonds perjured himself when he testified to the original BALCO grand jury in December 2003 that he never knowingly used steroids or other banned performance enhancing drugs.
But Anderson has twice refused to testify when called before the grand jury. He is to be jailed until he changes his mind or until the grand jury's term expires, which is expected in the next couple of weeks.
Bonds' attorney Michael Rains didn't return a telephone call late Monday.
Anderson is being held in a federal prison in Dublin, Calif.
| Well I guessed this would happen but just was wondering when and now its happening and going to start more drama around bonds and now espn will say bonds has new thing to woory about and wont be able to consontrat which is true becuase this guy could tell everyone that bonds is a steriod user and screw him so bonds basically that two kiss his ass.
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