Immunity to Testify in Barry Bonds Case

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Bonds was involved in the government’s probe of the distribution and money laundering surrounding a California company, Balco Laboratories. Balco was testing for performance-enhancing substances banned by Major League Baseball but was suspected of illegally distributing anabolic steroids. By now, we’re all aware of the growing legion of baseball stars whose accomplishments have been tarnished by their admissions of use of steroids.

Bonds was subpoenaed before a federal grand jury empaneled to investigate the Balco case. In the course of the proceedings, Bonds received a grant of immunity. Federal grand juries are empowered to conduct investigations to determine if there is probable cause to issue an indictment for violations of federal criminal statutes. The concept is that a neutral and detached group of electors must first weigh the government’s evidence before the target can be called upon to defend himself or herself in a trial.

While the concept is laudable, the reality is that the government uses the grand jury to build cases and directs the flow of that investigation, leading to the inevitable result that if they seek an indictment, they’ll achieve that end.

When a witness suspects that his or her testimony may implicate him or her, that witness will invoke the Fifth Amendment privilege against self-incrimination. Neither the prosecution nor the courts may inquire why. To do so would, of necessity, require the witness to give that very information he or she is attempting to shield.

Once that privilege is invoked, the appearance is postponed while the government seeks an order of immunity unless an immunity agreement has been forged beforehand.

Two immunities

There are two forms of immunity: transactional and use immunity. Transactional protects a person from future prosecution for any crimes arising from his or her testimony. Use immunity is more limited and protects only the use of that testimony against that witness.

Read more: http://www.norwichbulletin.com/archive/x1700894301/Richard-Meehan-Witness-testimony-is-protected-but-lying-is-forbidden
 
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