Baseball Players on the Witness Stand

Did They Know About the “Cream” and the “Clear”

San Francisco, CA – The defense complained that the prosecution has failed to turn over evidence and after a 25-minute squabble between the sides, the first witness was able to take the stand on Tuesday morning. Barry Sample, a director of science and technology for Quest Diagnostics testified as an expert in drug testing in sports. A sample was questioned about the 2003 Major League Baseball testing program, which was designed to survey the scope of the steroids problem in baseball.  It was during this program that Bonds allegedly was found to have provided a urine sample testing positive for steroids. This test is a crucial piece of government evidence undermining Bonds’ assertion that he did not knowingly take steroids. The defense pointed out that the MLB testing did not detect THG (the clear) and only in 2004 after BALCO was raided was the sample retested at the UCLA Olympics Lab and the substance detected.

Former Giants trainer Stan Conte underwent a thorough questioning by both sides.  He told the jury that he was alarmed by the personal trainer Greg Anderson the first time he met him at spring training in Arizona in 2000, finding him problematic in a variety of ways. He expressed his concerns to the Giants management but not getting support from the owners he took no further action and continued to see Anderson with Bonds.  In his testimony, Conte mentioned how in 1999 Barry was becoming more muscular and had increased acne.  In 2003 in a conversation between Bonds and Conte, Bonds said he did not know anything about steroids.  It appears that the relationship between Bonds and Conte was strained and broke down completely in 2005 when Bonds refused to take Conte’s advice on rehab for his knee. Defense attorney Ruby came on strong in trying to discredit Conte showing him a letter from Bonds’ personal doctor in November 2003 reporting to the Giants that he was in “excellent physical condition.” This was around the time Bonds would have allegedly been at the peak of his steroid use, and shortly after his appearance before the BALCO federal grand jury.

Jason Giambi, a former Oakland A, now a Colorado Rockie, and an admitted steroid user was called next as a government witness to testify on his relationship with Greg Anderson and the products he purchased and used including nondetectable “cream and clear.” Within a short questioning period it was evident that the defense was clearly trying to make the point that in 2002 and 2003, athletes such as Bonds or Giambi may not have known the cream and the clear were steroids.
On the stand following his brother, player Jeremy Giambi testified that in 2002 Anderson then recommended “PEDs” a reference to performance-enhancing drugs that would be undetectable. It was known that MLB would be instituting a drug testing program the next spring.

It was an afternoon of ballplayers on the witness stand and former SF Giant Marvin Benard described his relationship with Greg Anderson. Benard, also an admitted steroid user who played for the Giants from 1998-2003, testified that he was told by Anderson “there is better, cleaner stuff I can use and he’d help me out with that.”  The day ended with Bernard saying that he never saw other Giants using those substances in the team’s locker room.

Attorney Steve Moskowitz is featured on Sports and the Law every Thursday evening on Chronicle Live and provides the legal perspective on athletes that are accused of wrong-doing, the legal issues of the NFL, NBA;and MLB, back room deals and more. Steve is also the senior partner of the Law Offices of Stephen Moskowitz, LLP.  For over 30 years Steve and his Law firm, located in the San Francisco financial district, resolve tax related issues and a wide variety of other tax matters foreign or domestic.

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