Perjury conviction not easy to achieve
Even if San Francisco Giants slugger Barry Bonds is charged with lying to a grand jury, it will be hard to convict him, former federal prosecutors and other lawyers said.
“It is a lot tougher to make a perjury case than most people think because it takes more than just proving that the person made a statement that was untrue,” Adam Hoffinger, a criminal defense lawyer in Washington D.C., said Friday. “The government has to prove that he knowingly and willfully lied about a material fact – it can’t be a mistake, there has to be intent.”
A federal grand jury is investigating whether Bonds committed perjury when he testified in 2003 that he never used steroids, a person with knowledge of the probe told the Associated Press on Thursday night.
Erwin Cherminsky, a Duke University criminal law professor, said the excerpt he has read of the recently published book “Game of Shadows,” which details extensive and knowing steroid use by Bonds, “certainly suggests he lied under oath.”
Experts said prosecutors will need some evidence other than Bond’s testimony that he didn’t know what he was taking in order to prove he purposely lied to mislead the grand jury.
Still, the fact that the U.S. attorney’s office in San Francisco has convened a grand jury to look into Bond’s steroids testimony means the slugger is probably in trouble, criminal defense attorney Daniel Horowitz said.
“They wouldn’t go in front of the grand jury unless they had something to go after,” Horowitz said.
Loria: Willis won’t be traded
The Florida Marlins have no immediate plans to trade either Dontrelle Willis or Miguel Cabrera, team owner Jeffrey Loria said.
“They are so unfounded as to be ridiculous,” Loria said of recent trade rumors involving the Marlins’ two star players. “We are not shopping players. We’re rebuilding a team here.”
Loria made his comments in the wake of recent speculation, both on television and in print, that the Marlins might be looking to unload Willis before the July 31 trading deadline.
Cabrera’s name has also come up in media trade speculation.
Injury report
Boston sent first baseman Hee-Seop Choi to Triple-A Pawtucket for a rehabilitation assignment that began Friday. Choi was placed on the 15-day disabled list on April 1, retroactive to March 29, with a strained left hamstring. … Los Angeles Dodgers reliever Yhency Brazoban (5.40 ERA in five innings) will undergo Tommy John surgery next week on his strained right elbow and will miss the rest of the season. … Houston pitcher Brandon Backe was placed on the 15-day disabled list with a sprained ligament in his right elbow. Right-hander Ezequiel Astacio, who started 14 games last season, was recalled from Triple-A Round Rock, Texas. … Right-hander Jay Witasick was placed on the 15-day disabled list by Oakland because of a sprained left ankle. Outfielder Bobby Kielty was recalled from Sacramento of the Pacific Coast League to take his place on the roster. … Ken Griffey Jr. missed his second straight start because of stiffness in his right knee, and Cincinnati added outfield depth when it purchased the contract of Quinton McCracken from Sarasota of the Class A Florida State League. Griffey and Reds manager Jerry Narron have both been optimistic that Griffey may be available to play today.