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Federal judge orders Anderson's release from prison
A federal judge ordered Barry Bonds' personal trainer Greg Anderson released from prison Thursday, saying a legal "snafu" had arisen in his case.
U.S. District Judge William Alsup said Anderson must be freed because a federal appeals court hadn't affirmed his contempt order within the required 30 days after he was jailed for refusing to testify to a grand jury investigating the Giants slugger.
Anderson, 40, could be returned to prison if the appeals court affirms Anderson's Aug. 28 contempt citation for refusing to answer questions before the panel probing whether Bonds committed perjury when he said he never knowingly used steroids.
Bonds told a grand jury investigating the Bay Area Laboratory Co-Operative steroid ring in 2003 that Anderson gave him what he believed were flaxseed oil and arthritic balm. Anderson later pleaded guilty to distributing steroids and money laundering.
Anderson, who served three months in prison and three months of home detention for his conviction, has appealed his contempt jailing on several fronts.
His main contention is that a secret, illegally recorded tape of him discussing Bonds' steroid use is the basis for grand jury questions he faces.
Although Alsup dismissed that claim and others, the 9th U.S. Circuit Court of Appeals last week sent Anderson's appeal back to the judge, saying Alsup's ruling regarding the tape was not clear enough.
"This snafu has arisen by an apparent failure by the court to be clear of its findings," Alsup said.
In clarifying his order Thursday, Alsup said he agreed with prosecutors that there was ample evidence beyond the tape to question Anderson. Prosecutors on Thursday said the questions they want answered are based on athletes' secret testimony in the BALCO case and a search of Anderson's house that turned up drug records, some with Bonds' name on it.
The appeals court could rule any day.
Anderson has now been imprisoned twice for refusing to testify whether Bonds used steroids. He served 15 days in July and was let out because the grand jury probing the Giants slugger had expired and a new grand jury was formed.
Other than the tape dispute, the 9th U.S. Circuit Court of Appeals has rejected the merits of Anderson's appeal. Among them, Anderson claimed his BALCO plea deal prevented him from cooperating with the government's steroid investigation.
Anderson will seek to withdraw Anderson's 2005 guilty plea because his lawyer, Mark Geragos, said the tape amounts to an illegal wiretap and may have been the basis for the BALCO case against Anderson.
Prosecutors claim the tape is legal and was made in a face-to-face meeting with Anderson.
The case is United States v. Anderson, 06-90292.
Source: AP
U.S. District Judge William Alsup said Anderson must be freed because a federal appeals court hadn't affirmed his contempt order within the required 30 days after he was jailed for refusing to testify to a grand jury investigating the Giants slugger.
Anderson, 40, could be returned to prison if the appeals court affirms Anderson's Aug. 28 contempt citation for refusing to answer questions before the panel probing whether Bonds committed perjury when he said he never knowingly used steroids.
Bonds told a grand jury investigating the Bay Area Laboratory Co-Operative steroid ring in 2003 that Anderson gave him what he believed were flaxseed oil and arthritic balm. Anderson later pleaded guilty to distributing steroids and money laundering.
Anderson, who served three months in prison and three months of home detention for his conviction, has appealed his contempt jailing on several fronts.
His main contention is that a secret, illegally recorded tape of him discussing Bonds' steroid use is the basis for grand jury questions he faces.
Although Alsup dismissed that claim and others, the 9th U.S. Circuit Court of Appeals last week sent Anderson's appeal back to the judge, saying Alsup's ruling regarding the tape was not clear enough.
"This snafu has arisen by an apparent failure by the court to be clear of its findings," Alsup said.
In clarifying his order Thursday, Alsup said he agreed with prosecutors that there was ample evidence beyond the tape to question Anderson. Prosecutors on Thursday said the questions they want answered are based on athletes' secret testimony in the BALCO case and a search of Anderson's house that turned up drug records, some with Bonds' name on it.
The appeals court could rule any day.
Anderson has now been imprisoned twice for refusing to testify whether Bonds used steroids. He served 15 days in July and was let out because the grand jury probing the Giants slugger had expired and a new grand jury was formed.
Other than the tape dispute, the 9th U.S. Circuit Court of Appeals has rejected the merits of Anderson's appeal. Among them, Anderson claimed his BALCO plea deal prevented him from cooperating with the government's steroid investigation.
Anderson will seek to withdraw Anderson's 2005 guilty plea because his lawyer, Mark Geragos, said the tape amounts to an illegal wiretap and may have been the basis for the BALCO case against Anderson.
Prosecutors claim the tape is legal and was made in a face-to-face meeting with Anderson.
The case is United States v. Anderson, 06-90292.
Source: AP