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The defense team of former outfielder
for San Francisco Giants Barry Bonds asked a federal judge to dismiss the perjury
charges against him in a 31-page motion filed in the San Francisco Federal Court
on Wednesday. The reason - some parts of the charging documents are so vague
that it is impossible to establish what truths Bonds may have uttered.
Bonds, 43, was indicted on four counts
of perjury and one count of obstruction of justice after being involved in
performance-enhancement drug abuse scandal. The federal prosecutors accused
him of lying in his testimony 5 years ago, but his lawyer, Allen Ruby,
dismissed the accusations as imprecise, ambiguous and redundant.
The scandal Bonds is involved in
broke in 2003, when he claimed he was not aware that the drugs he got from
former trainer Greg Anderson were steroids. Anderson pleaded guilty for his involvement in the BALCO case and was
sent to jail for several months. Later he went back to prison after he refused to
testify against Bonds, on contempt charges.
The defense team for Bonds
motivated it was impossible to prepare a defense as many of the duplicitous
allegations are simply too vague and confusing. “Bonds is entitled to clear
notice of the unambiguous falsehood he is accused of telling the grand jury,”
his lawyer said in the filing.
The motion added: “Even Barry
Bonds cannot be expected to make contact with a fastball, slider, and knuckler
thrown at him simultaneously. Permitting the present indictment to stand in its
present form will prejudice Mr. Bonds’ ability to defend against the government’s
accusations in this serious matter.”
According to the filing, the
prosecutors should maintain a single false statement per count or remove it,
and moreover, to specify what exactly the obstruction of justice charge refers to.
The U.S. District Judge Susan Illston will rule the verdict in a month’s time, on February 29.
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