District Judge Susan Illston dismisses five charges against Barry Bonds

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http://www.sfgate.com/cgi-bin/article.cgi%3Ff%3D/c/a/2008/11/24/MN9G14B2J2.DTL%26type%3Dsports&cid=0&ei=IwMrSfD_HZzI8AT0tekL&usg=AFQjCNH_uSk6SnozZEMZFAm9pTGLPP_ebg.
[SIZE=-1]San Francisco Chronicle, USA - 5 minutes ago[/SIZE]
[SIZE=-1]Bonds' lawyers had asked the judge to dismiss 10 of the 15 counts of perjury and obstruction of justice contained in an indictment handed up in May. They had argued that Bonds was asked "fundamentally ambiguous" questions when he testified before the grand jury that investigated steroid dealing at BALCO, the Bay Area Laboratory Co-Operative, in Burlingame. They also said the indictment was fraught with legal problems.[/SIZE]

[SIZE=-1]The judge agreed that in two cases Bonds had been asked questions before the grand jury that were so flawed that, as a matter of law, they couldn't be the basis of a perjury accusation. [/SIZE]

[SIZE=-1]In one instance, a prosecutor asked Bonds if he had been taking steroids "or anything like that" before November 2000. Bonds answered no.[/SIZE]

[SIZE=-1]In the other instance, the prosecutor asked Bonds if in January 2002 he had received "this flax seed oil stuff" - a substance that the government believes was the undetectable steroid called "the Clear." Bonds answered, "Not that I can recall. Like I say, I could be wrong."[/SIZE]

[SIZE=-1]Both questions were too unclear to be the basis of a perjury charge, the judge said.[/SIZE]

[SIZE=-1]The judge also dismissed a perjury charge based on Bonds' statement that he had not received testosterone or human growth hormone from his trainer, Greg Anderson. The judge said that accusation was already covered in another count in the indictment.[/SIZE]

[SIZE=-1]The judge ordered those counts combined. As a result, Bonds now faces 10 counts of perjury and one count of obstruction of justice.[/SIZE]

[SIZE=-1]Illston told the government to obtain a new indictment of Bonds to correct other problems. Through what the government said was a typographical error, one count omitted the word "material" from the legal phrase, "a false material declaration." By law, to sustain a charge of perjury a statement must be both false and "material," or relevant to an ongoing investigation [/SIZE][SIZE=-1]...[/SIZE]


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