Will Bonds Seek a Plea Deal?

Nov. 15, 2007 — -- Barry Bonds testified to the grand jury in San Francisco in December of 2003. He has been indicted nearly four years later. What took so long?

While some law enforcement officials wanted to indict Bonds much earlier, others did not. When the BALCO investigation began, it was announced in Washington, D.C., by then Attorney General John Ashcroft. He wanted a fast and vigorous prosecution. But in San Francisco, at the time of Bonds' testimony before the grand jury, the U.S. Attorney was Kevin Ryan. Although Ryan filed charges against several people involved in the BALCO laboratory, he never filed charges against Bonds. All of the evidence described in the Bonds indictment was available to Ryan, but he did not seek an indictment. It is not the first time a local U.S. Attorney has avoided indicting a local hero. Federal prosecutors in Salt Lake City delayed prosecuting the local leaders of the Olympic committee on bribery charges resulting from the 2002 Winter Olympics. Last winter, President Bush obtained Ryan's resignation along with those of other U.S. Attorneys, which led to a partisan political battle. Although neither Bush nor Ryan ever discussed the Bonds investigation as a reason for Ryan's departure, numerous observers expected a Bonds indictment under the new leadership in the U.S. Attorney's office in San Francisco. Ashcroft's resignation also may have contributed to the delay. His replacement, Attorney General Alberto Gonzalez, had other problems, and resigned in August, causing further delay. Finally, with Scott Schools serving as the U.S. Attorney in San Francisco, and a new attorney general in Washington, Michael Mukasey, the indictment is a reality.

Are there any surprises in the indictment?

Most of the material in the indictment is familiar to anyone who has followed the BALCO investigation, but there is one surprise. The surprise is that, according to the indictment, during the criminal investigation evidence was obtained, including positive tests for steroids and other performance-enhancing substances for Bonds and other professional athletes. When asked about it in front of the grand jury, Bonds denied a positive test. It will be one of the most difficult charges for Bonds to deny. He will be scientifically connected to a positive test with DNA and other techniques.