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Bonds initially tested negative for steroids, but the government says his urine sample seized as part of the BALCO probe later tested positive. It is the only positive drug test the judge will allow the jury to see, unless the government wins its appeal.
Illston on Friday chastised the prosecutors for springing their appeal at the 11th hour, noting that 90 prospective jurors had been summoned from throughout the Bay Area for the beginning of jury selection on Monday.
The judge said she wished she could start the trial on time, but reluctantly agreed with prosecutors that their appeal automatically and indefinitely halted the case in her court.
Prosecutors announced their decision to appeal after Anderson told the judge on Friday that he would refuse to testify, even after Illston promised to jail him for contempt of court if he did so. The government prosecutors received permission to appeal from the Office of the Solicitor General in Washington D.C., which had to certify that the rarely taken action was vital to the government’s case.
“Rather than present the evidence to an impartial judge and jury, the government has chosen to appeal Judge Illston’s correct and well-reasoned order,” Bonds’ attorneys said in an e-mail statement Friday night. “Instead of a trial, the government wants to prolong its six-year obsession with Barry.”
Even before prosecutors decided to halt the Bonds case Friday, questions were mounting over the time and money spent pursuing the slugger.
Attorneys and legal analysts say it is impossible to come close to putting a dollar figure on the government’s investigation and prosecution of Bonds, but they estimate the cost has easily soared into the millions.
“The question is not how much it cost,” said defense attorney Jeff Bornstein, a former federal prosecutor in San Francisco. “It’s a matter of what cases aren’t pursued because of it.”
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