APBonds’ attorneys offered the judge a more sinister motivation for Hoskins to make the recording without Anderson’s knowledge: blackmail. Bonds told the FBI shortly after the recording was made that Hoskins was stealing from him by forging his autograph on Bonds’ memorabilia.
“He wanted to get some protection from the investigation that he knew was coming,” Bonds’ attorney, Dennis Riordan, said. The FBI dropped its brief investigation of Hoskins soon after without charging him with any crimes.
First indicted in November 2007, Bonds pleaded not guilty for a third time Thursday after the government revised the charges to fix legal technicalities. He now faces 10 counts of making false statements to a grand jury, plus an obstruction of justice charge.
If convicted, Bonds faces a sentence between probation and two years in prison.
If her preliminary thoughts stand, the government’s case against Bonds will suffer a significant blow — but not a fatal one, legal analysts said.
“It hurts, but the government still has quite a bit of other evidence,” Golden Gate University law professor Peter Keane said.
The judge plans to hold a separate court hearing to determine whether the prosecution can call to the witness stand Dr. Larry Bowers, the medical director for the United States Anti-Doping Agency. Bonds’ attorneys argue that the science of steroid effects is inconclusive.
Prosecutors said in court papers that Bowers “will testify that steroid users develop such symptoms as increased muscle mass, shrunken testicles, acne on the upper back, moodiness, and an erratic sexual drive.”
The prosecutors said they also will call “witnesses close to Bonds who will testify that Bonds exhibited some or all of these symptoms between approximately 1998 and 2003.”
Keane said that physical side effects that Bonds appears to have experienced — such as sudden head growth — is still part of the government’s case.
“The main evidence against Barry is his body,” Keane said. “That’s the whole ballgame.”
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