In the latest development on Bonds’ case, the prosecutors accused the federal judge handling the case of abusing her discretion when she made off-limits the alleged positive steroid tests and other key evidences in Barry Bonds’ perjury trial. They have asked the Ninth U.S. Circuit Court of Appeals to reinstate the evidences. In February, federal judge Susan Illston did not allow the prosecutors to present as evidence the alleged steroids tests, steroid calendar and other evidences. Judge Illston ruled that there was no proof that the tests had anything to do with Bonds.

According to the prosecutors, there were 3 private steroid tests which were allegedly arranged by Greg Anderson in 2000 and 2001. They would also show to the jury the set of doping calendars and drug ledgers made by Anderson to track Bonds steroid use. These documents were seized from Anderson’s home during a search in 2003.

However, the prosecutors have a big problem with Anderson since the personal trainer of Barry Bonds did not want to testify in the grand jury. He even told the judge that he would also refuse to testify in the trial.

These were some of the basis for the judge’s refusal to accept the prosecutions evidence. She said that without Anderson as a witness, the government had no legal way to prove the tests were of Bonds and not somebody else. As to the testimony of the former BALCO Vice President James Valente, judge Illston also ruled that the testimony of Valente would just be hearsays since it is second hand information. Even if Anderson told Valente that the urine samples were of Bonds, there could be a possibility that the samples belonged to another person.

In the appeals court, the prosecutors contend that the evidence should be accepted. They said that the judge had misunderstood and misapplied exceptions to the hearsay rule that should allow Valente to testify about Anderson’s statements. They cite a federal law which allows “admissions by a party opponent” - that is, hearsay testimony about comments made by a person who is close to the defendant and authorized to speak for him. “That’s Anderson, talking about Bonds to Valente. The district court abused its discretion when the judge refused to admit the evidence under this legal exception,” the prosecutors added. The appeals court is expected to rule on this case this year.

Another battle that Barry Bonds has to face is the recent filing of his wife Liz Watson for legal separation. The reason for her action is the irreconcilable differences between her and Barry. Bonds met Liz Watson in Montreal and married her in 1998. Liz Bonds who filed last Friday in Los Angeles Superior Court, seeks for spousal support and custody of their 10 year old daughter. There are also some speculations that there are other reasons why Liz wants to end her relationship with the Giants slugger.

It is also an interesting thing to know that Bonds ex-girlfriend is also a witness of the prosecutors. Kim Bell said that Bonds confided to her that he was using steroid. She had a 5 year relationship with the slugger which started in 1994 after Bonds breakup with his first wife.

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