Barry Bonds' Perjury Trial
If Found Guilty, It Will Not Be For Using Steroids
To be found guilty of perjury, the government must prove that the individual who testified under oath made at least one false statement and knew the statement was false.
In order for an individual to be found guilty of perjury, the government must prove that the individual who testified under oath made at least one false statement and KNEW AT THE TIME that the statement was false. The testimony of one witness is not enough to prove that the testimony was false. Additional evidence, in the form of yet another person’s testimony and/or other evidence that tends to support the testimony of falsity is necessary. If the individual testifying honestly believes what he is saying is true, it is NOT perjury.
The Supreme Court has ruled that it's OK for "a wily witness to derail the questioner as long as the witness speaks the literal truth." Disingenuousness and misleading (but not technically inaccurate) answers are not perjury.
Accusations Against Barry Bonds
Barry Bonds is accused of lying when he denied ever taking steroids, when he denied that anyone but physicians had given him injections or drawn blood, when he denied that personal trainer Greg Anderson had ever given him human growth hormone, and when he said that he had received a steroid cream from Anderson before the 2003 season.
The Government Must Prove Bonds Lied
When Barry Bonds was asked, before a grand jury, “Did he (Bonds' trainer Greg Anderson) ever give you anything that you knew to be a steroid? Did he ever give you a steroid? Bonds replied, “I don't think Greg would do anything like that to me and jeopardize our friendship. I just don't think he would do that.” The government must prove that Bonds was lying -- not that he was giving misleading testimony or that he was being disingenuous -- that he was lying.
If the Individual Testifying Honestly Believes His Statements Are True, It Is Not Perjury
The next question to Bonds was “… to your knowledge, I mean, did you ever take any steroids that he gave you? Bonds answered, “Not that I know of.” Did Bonds know when he was testifying that he was lying? The government must prove that he did. Bonds didn’t deny that he received substances called the “cream,” and the “clear” from Anderson, but he did deny that he was aware that they were steroids. If the individual testifying honestly believes what he is saying is true, it is not perjury. How can anyone but Barry Bonds know what Barry Bonds believes is true?
Bonds Is Not Accused of Using Steroids
Barry Bonds is not being charged with purchasing, using, or distributing steroids or other illegal drugs. If he is convicted, he will not be convicted of drug use. He will be convicted of perjury. Whether or not the all time career home record or the single season home run record was achieved with the help of steroids will be no clearer after the Barry Bonds trial than it is today. Individuals who point to the changes in Bonds’ body as proof that he used steroids will extend a possible perjury conviction to validate their position. Bonds supporters will correctly point out that Bonds was convicted of perjury, not of using steroids. And those who resent the fact that Barry Bonds broke Henry Aaron’s record and Roger Maris’ record (sic) cannot claim that he did it using steroids because if they do, they would be not be telling the truth.
