Prosecutors in the Barry Bonds’ perjury trial were thrown a curveball when the player’s personal physician Arthur Ting denied ever discussing Bonds’ steroid use with Steve Hoskins who testified last week. This testimony may have given the jury all it needs to question if the allegations against the defendant come from reliable witnesses.

Dr. Ting denied having multiple conversations with Hoskins who is one of Bonds’ former business partners and also denied telling him a Bonds1999 injury resulted from steroids use.

Here is that conversation as it played out in court:

Defense Attorney Cristina Arguedas: “Did Stevie ever say to you, ‘I need to get the information so I can get it back to Barry, so we would know what the effect of the steroids was?’ Did he ever say that to you?”

Dr. Ting: “No.”

The later on;

Defense Attorney Cristina Arguedas: “Did Stevie say to you, ‘Barry is taking Winstrol or Deca?’

Dr. Ting: “No.”

That testimony may have put Hoskins on the island of no credibility. Adding insult to injury, Dr. Ting also gave jurors what they may need to create a reasonable doubt that the back and shoulder acne coupled with size changes to Bonds’ testicles were all result of illegal steroids use saying that that corticosteroids could have caused those symptoms. Dr. Ting then verified that he had prescribed corticosteroids to Bonds in the past.

By the time the week was done, Dr. Ting provided a solid counterpoint testimony to Hoskins, Bonds’ former mistress Kim Bell and Stan Conte, the Giants’ ex-trainer. Conte had told the court of physical symptoms he observed on Bonds and that he saw Greg Anderson by the slugger’s side for years.

Bell and Hoskins were grilled by Bonds’ defense team and afterward jurors may have been given reason wonder if these witnesses had ill feelings for Bonds due to the player’s decision to sever ties with them.

One item Dr. Ting did not counter was the testimony of Hoskins’ sister Kathy, who was Bonds’ personal assistant. She told the court that she saw Anderson injecting Bonds prior to a road trip but could not identify what the substance was. Keep in mind, one of the perjury charges stems from Bonds’ denial that anyone other than his licensed physicians ever used needles on him at any time.

To sum this up, by the end of the week the prosecution had to retreat and lick its wounds after Dr. Ting took the stand and turned the tables.

Get updates throughout the day on my Twitter page.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

“Did Stevie ever say to you, ‘I need to get the information so I can get it back to Barry, so we would know what the effect of the steroids was?’ Did he ever say that to you?” Defense Attorney Cristina Arguedas asked.

“No,” Ting said.

“Did Stevie say to you, ‘Barry is taking Winstrol or Deca?’ ” Arguedas asked at another point.

“No,” Ting replied.

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  chris haltom 1 comment collapsed Collapse Expand

  Go barry ….I wanna bee just like you when I play little leauge.
  signed Chris -6 years old~!

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Kimberly Bell testified for most of the day on Monday at the Barry Bonds criminal trial and first took the stand and made headlines when she said under oath that Bonds had used steroids. She then went on to answer prosecution questions about Bonds’ physical and emotional changes that could possibly be associated with steroid use.

Kim Bell didn’t disappoint the media who was standing by when she spoke about testicles, acne and hair loss but then Bonds’ lawyers got their turn to break down the testimony. When prosecution witnesses make accusations about a defendant like Bonds, the defense proposes alternative facts as reasons for the actions of their client. Contradictions in previous witness testimony or public statements are used to attack their credibility and then the character of the witness is fair game as well meaning Bell would be coming face-to-face with this strategy.

One of Bonds’ attorneys is Cristina Arguedas, defense litigator extraordinaire who then made it her business to make the ex-mistress Bell look like a gold-digging, lying bitter ex whose testimony is tainted by her decision to benefit monetarily from telling her story.

In their efforts to portray Bell in that fashion, the defense combed through loan docs for the home in Arizona that she purchased with money from Bonds. Arguedas pointed out that in answer to a question about where that money had come from, Bell earlier credited her parents and not Bonds meaning; she’s a liar.

Kim Bell’s answer to that was that she did what Bonds asked her to do meaning money given to her was then given to her parents to be returned as a “gift”. Arguedas fired back that prosecutors could have made a case out of her fraudulent loan documents but chose not to in order to have Bell’s accusations against Bonds in the trial.

Bell also retained representation for a book deal and other endeavors including a Playboy shoot that went bad. Bell was asked about whether the book was just a tell-all to smear Bonds and she responded that it was not; that it was supposed to be about her life’s journey, warts and all.

Unfortunately for Bell, she had hired a ghost writer who pumped up the sass about the salacious facts, giving Ms. Arguedas the ability to point out where Bell was making statements on the stand that contradicted the book.

The working titles for the proposed book were “Shadow of a Giant” and “Giant Mistake” and Bell said the draft only contained two sentences out of 72 pages about steroids. Bell identified the ghost writer as Aphrodite Jones who was introduced to her by her lawyers and (or) agents. The defense team questioned why those portions weren’t flagged by Bell and omitted from drafts. Connections were made between her efforts to make money and support herself and her appearances on TV and radio talk shows that supposedly played up sensationalized information about Bonds. Again, Arguedas was seeking the attention of the jury to label Bell as a gold-digger.

Uncomfortable Q&A ensued about Bell writing that Bonds’ testicles shrank to half their size. Bell is not a medical expert and admitted she wasn’t sure of the exact amount of shrinkage.

The defense brought up other women that Bonds was said to have intimate relationships during the time he was allegedly juicing it up and suffering from side effects that included sexual dysfunction. Bell was asked how she could explain his ability to spread his favors around if he was unable to perform but Bell couldn’t.

It was a long day for Kimberly Bell and both sides have to be satisfied with how they executed their plan of attack. The prosecution got the jury to hear the steroid admission and the testimony about his body changes while the defense got to point out that Bell isn’t the most trustworthy witness and she was out to make a living off the shrunken body parts and acne back of Barry Bonds.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

In a much anticipated testimony, Barry Bonds former mistress, Kimberly Bell, took the stand for the prosecution to testify at the slugger’s perjury trial. Bell is said to have been Bonds’ girlfriend between 1994 and 2003.

According to reports coming from within the courtroom, Bell was methodically taken through her time with Bonds from their first meeting in the parking lot of the Giants’ stadium through his two marriages and one divorce.

Bell said Bonds admitted using steroids around 1999-2000 but it wasn’t an announcement as much as it was him answering a question about why he had a large bump on his elbow. She also told the court that Bonds said his steroid use was to get ahead and to keep up with others who were using. Bell said she never saw Bonds inject himself with any substances but she was witness on a regular basis to the slugger and his trainer, Greg Anderson, going into a room with Anderson carrying a black bag the size of a man’s shaving kit.

Steve Hoskins testified last week to seeing the same scenario during several Spring Training camps. Bell supported that claim saying when she stayed with Bonds during the spring she saw the same scene.

Bonds gave Bell money throughout the nine years they were together and according to the mistress, promised more. She said he funneled enough to her for a substantial down payment on a house in Arizona then later said he would pay it off but that never happened. Bell later fel on hard times then Bonds pulled away. Bell was employed while she lived in the Bay Area but was unable to latch onto an employment opportunity in Arizona.

After her break up with Bonds, Bell agreed to pose for Playboy. After being promised $100,000 in a fee by a photographer, she received less than $20,000 and the photographer who agreed to the initial payment committed suicide.

Is jail a real possibility if Bonds is convicted?

Bell’s most emotional testimony came when she talked about Bonds’ mood swings and she accused him of getting verbally abusive and disrespectful to her. She also described the physical changes to Bonds’ body and how he was concerned people would notice he was bloated. When he started losing his hair, he shaved his head and when his chest hair went grey, he shaved that too. Bonds also had acne on his back and shoulders and his testicles got smaller and odd-shaped, according to her testimony. She also said he had erection problems that necessitated medication, making sex more difficult.

Defense attorneys were ready to take their turn at Bell after their morning break. Check back here or go to my Examiner column for updates on that testimony.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

Tiger Woods ended his weekend trek through Arnold Palmer’s signature Bay Hill course in Florida with an even-par fourth round, finishing at -1 for the tournament, tied for 24th place.

The field’s winner Martin Laird carded a three-over 75 to end his tournament at -8. Spencer Levin who entered the fourth round in second shot a 76, ending the weekend at -5 tied for sixth place. Steve Marino ended in second place at -7 and shot even par.

Tiger was at -3 as he teed off on Saturday and if he had shot -2 both weekend days, he would have ended in second place one shot behind Laird. And who knows how Laird would have played if Woods was breathing down his back.

During the tourney, Woods struggled on the green with one period needing 32 putts in 18 holes. The one-time sure-shots in the five to seven foot range are now exercises in tension and disappointment. During the event, the  NBC broadcasting crew commented that it looked like Woods was changing his putting stroke at the same time the swing changes are setting in. One of them spotted him on the course and said that he was returning to the days of his father Earl Woods’ coaching.

Much has been said and written about Tiger’s long haul back from his life imploding and some are ready to say we will never see the Tiger we once saw. But the players who were burning up the PGA Tour earlier this year also faded out at Bay Hill. Rickie Fowler carded a 78 on Sunday to land at even par for the tournament. Phil Mickelson did his usual act of teasing us on Saturday with a 69 and then shooting 73 to end his weekend at -1 and Graeme McDowell, Vijay Singh and Dustin Johnson didn’t even make the cut.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

After three days, the federal criminal trial of Barry Bonds concluded with major prosecution witnesses planting seeds that may bear fruit.

One of those was Steve Hoskins, a former business partner of Bonds who told jurors about a secret tape recording of a conversation he had with the slugger’s former trainer and loyalist, Greg Anderson.

Hoskins said he taped Anderson because he was bringing it to Bobby Bonds, the slugger’s father who maintained a belief that his son was breaking homerun records without performance enhancing drugs.

“That was the only way to prove it to him,” Hoskins said. On that tape, Anderson openly discusses the administrating technique he used. Anderson described his technique for injecting Bonds in different parts of his anatomy without causing the abscesses and infections that are common in steroid use.

Bonds’ former business associate also testified he saw Anderson and Bonds emerging from his private bedroom during spring training with Anderson holding syringes between the 2000-2003 seasons.

Also taking the stand was agent Jeff Novitsky who concluded his testimony under cross examination by the defense team. He gave jurors a lively review of how he obtained much of the evidence in the early stages of the BALCO investigation and that included digging through trash bins at night and wading through human waste and blood to obtain documents and other substances that could indicate the steroids lab was distributing illegal drugs. He also added that Bonds’ lies impeded the BALCO investigation.

That is very important to document in an obstruction and perjury case in addition to facts that demonstrate the lie was a “material” factor in holding the case back. Novitsky  said:

Mr. Bonds’ testimony was inconsistent with the facts that had been gathered to that point. We had to take a look at other testimony that was provided that was contrary to Mr. Bonds.

In the on deck circle are Dr. Arthur Ting, personal physician to Bonds and Kathy Hoskins, sister of Steve and former personal assistant to the former San Francisco Giant who will be followed by Kimberly Bell, Bonds’ mistress of many years. The mistress is expected to tell the courtroom about Bonds’ sexual decline and describe how his body changed during this steroid use period. Since personal information is expected to be aired during her testimony, expect the courtroom to be packed for that event.

With these recent and earlier developments the jurors were instructed to stay off Facebook and Twitter about the case.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

The game continue between the NFLPA and NFL. That said, NFL draft prospects are deciding on whether or not to boycott the annual draft this April. It was reported earlier this week that the players group, formerly known as the NFLPA, suggested that prospects should opt out of attending the draft and gather with union members in NYC at a different location instead.

This tactic may be to instill fear in the prospects that they may be considered traitors by other players in the union if they did attend the draft. While the players are currently locked out by the owners, these college players with huge aspirations were excited about having their Kodak moment holding up a jersey standing next to Commissioner Roger Goodell.

How the NFL really does business: the story of the TV money safety net

Currently there is no official union since they disbanded after talks stalled last week so technically there is no union to betray. In the meantime, the group of over 1,000 players have joined in a class action lawsuit to seek an injunction against the action of the owners.

One player expected to go high in the draft, LSU cornerback Patrick Peterson, told media on Monday:

“That’s a big moment to go up there and shake the commissioner’s hand and get that jersey and hat. It means a lot. I definitely want to go and no one has told me not to go.”

Former athletes joined the parade of those who agreed with Peterson. In a poll conducted by ESPN Sports Nation more than 70% of respondents didn’t think it was fair to ask prospects to stay away from the draft.

With that much disapproval in the air, NFLPA exec George Atallah said Tuesday on Twitter that it was a mere “suggestion”. He went onto say, “Let me also correct the record: the NFLPA is not asking anyone to ‘boycott’ anything. NFL Draft in particular.”

After the parties hit a brick wall and stopped negotiating it led to the lock out vs. antitrust law suit. Since then the public has been split on who they support.

It was selfish to even “suggest” for draft prospects to help the NFL players humiliate the league by having Goodell stand alone on the stage naming the first round picks.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

The judge’s ruling against the NFL owners this week appears to be responsible for the two sides extending the Collective Bargaining Agreement expiration date as they try to hash things out. In a 28-page decision, U.S. District Court Judge David Doty blistered the league for breaching its obligation to negotiate in good faith on behalf of itself and the NFL Players Association when revenue is on the line. What to do with those $4 billion in revenue is now under consideration by Doty, with input from both sides.

The TV networks who agreed to advance $4 billion to the NFL for the 2011 season broadcast rights even if no games were played seemed to have caved in to “take it or leave it” tactics from the NFL.

The terms of the current CBA dictate the method of sharing the big pot of revenue that was last estimated at $9 billion a year. According to Judge Doty, it should and would have been more, if the league didn’t require the payments during the term of a lockout and that is good news for the players and NFLPA.

Doty’s ruling included the following language:

“The record shows that the NFL undertook contract renegotiations to advance its own interests and harm the interests of the players.”

Doty added a quote from a statement found in the documents submitted for review on the matter, made by an unnamed TV executive close to the matter:

“You know you’ve reached the absolute limits of your power as a major network…[when] the commissioner of the National Football League calls you… and says … we’re done, pay this or move on…”

Doty also said at least three networks expressed “some degree of resistance to the lockout payments” and DirecTV would have considered paying more in 2009-2010 “to have the possibility of a lockout/work stoppage go away.

The NFLPA now have Doty as a third party confirming underhand dealings have been done by the owners and league; a third party player who has the authority to keep the money out of the hands of the owners. The question as to what damages the union will be awarded is on the table along with how the $4 billion gets handled.

A starting point for calculating the damages would be the extra fees DirecTV was willing to pay in 2009, when the negotiations took place. That would have been split under the current revenue sharing arrangement with a bit under 60% going to the players. That doesn’t take into account money from the other networks who may have done the same.

In the meantime, the two sides continued to meet with a federal mediator after extending their deadline yesterday to go to tonight at 11:59PM. If the two sides cannot come to an agreement or at least agree to another extension going past tonight, then expect the union to disband so they can retain antitrust counsel and seek an injunction against the expected lockout.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

The NFL and its players union issued a statement after they met for two hours on Saturday for their first face-to-face negotiation session in several months.

“The NFL and NFL Players Association met for two hours today in a continuing effort to narrow the differences and reach a fair agreement that will benefit the players, teams and fans. We plan to increase the number, length and intensity of bargaining sessions so that we can reach agreement before the March 4 expiration of the current CBA.”

That joint statement came on the heels of NFL Commissioner Roger Goodell’s State of the League speech on Friday which used language that made it sound like more than hope; more like a new CBA will be reached prior to the March 4th deadline.

Goodell went on to say:

“We need to have intensive, around-the clock negotiations to address the issues and find solutions. I can assure you that I have that sense of urgency and I believe both sides do.”

In other words, let’s stop using the media and making public threats, look each other in the eyes and move this train along and not derail it.

Sounds great right?

While the league played a sentiment side from the table, a report surfaced about union contingency plans to disrupt the business of the NFL if a lockout occurs.

Both NFL.com and ESPN.com confirmed sources inside the union report that NFLPA reps have spoken with player agents to determine their interest in boycotting the NFL Combine and upcoming NFL Draft. Over the weekend, Jason LaConfora of NFL Network revealed that there have been meetings between members of the NFLPA and top agents to discuss the practicalities of those moves. But keeping college clients from the Combine seems like it would only hurt the athletes. Not showing up at the draft after all workouts are complete is less of a concern.

There’s a responsibility for an agent to serve their athlete/client and despite campaigning by union head DeMaurice Smith and others, it’s hard to imagine any agent wants to keep his guy from hooking on with an NFL team.

This week’s joint statement indicated that there are two more bargaining sessions scheduled to occur this week. Both sides have been posturing and getting their stories out there with the union producing a commercial in an attempt to get public opinion on their side.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

Andy Pettite made his summer schedule a lot lighter today when he announced he will retire from MLB. That gives the New York Yankees pitcher plenty of time to prepare to testify at former teammate Roger Clemen’s felony perjury trial that is scheduled for later this year.

Three years ago this month, the Yankees called a press conference at the beginning of spring training and Pettite faced media about his admissions related to taking HGH in 2002. His ability to master the delicate balance between giving the media and public enough information to seem credible while avoiding making himself look like a long time cheater, was admirable.

While he admitted getting a couple of HGH injections from former trainer Brian McNamee, saying they were solely for the purpose of healing a nagging injury, Pettite was all but forgiven by the time the session was over; in other words, he had us at hello.

Pettite did confirm what he had told federal prosecutors months before when he and Clemens were named as steroid users in MLB’s Mitchell Report. That meeting included making admissions and answering questions about McNamee and his friend Roger Clemens. Clemens and Pettite shared McNamee and while Andy never admitted seeing Clemens use any banned substances, he admitted that the two conversed about it and that is how he knew that McNamee was injecting both of them.

Clemens, shown in his mugshot above, called his former trainer McNamee a liar under oath but couldn’t muster the same vitriol for his fellow pitcher. That is how we got the famous phrase that Pettite must have “misremembered” the conversation the two players had.

McNamee’s testimony was more believable to Congressional members as well as federal prosecutors specifically because of Pettite’s own admissions. So the former friends will face the discomfort of facing each other, with Pettite in the witness box looking down at Clemens at the defense table, in front of a judge, jury and as many media members that fit in the courtroom.

In the meantime, Clemens just got word this week that a federal judge in N.Y. has determined that McNamee’s slander trial against Roger can proceed; more bad news for the retired pitcher. That case will not be scheduled until the criminal proceedings are concluded and by that time, there’s a chance Clemens may be donning an orange jumpsuit.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC

Super Bowl Media Day went smoothly despite the severe weather conditions in Dallas with both teams facing an onslaught of questions from thousands of media members from around the world. Players from the Pittsburgh Steelers and Green Bay Packers provided a few quotes worth mentioning and here they are.

Leadoff hitter James Harrison of the Steelers took the opportunity to respond to being the most fined NFL player this season after vicious hits on opponents that the league considered out of bounds.

“Lay pillows down where I tackle them so they don’t get hurt when they hit the ground, Mr. Goodell.”

Not to be outdone, teammate Hines Ward who has a mouth as big as Harrison took the podium. In response to a question related to the league’s push to add two more games to the regular season schedule and their professed concern about brain injuries.

“You know this game is a dangerous game.  If you care, why would you add two more dangerous games for a long career in a violent sport? You’re contradicting yourself.”

“All money is not good money,” Ward continued.  “You may get paid more, but all you’re doing is driving more injuries. Leave it like it is. It’s great as it is.”

On the opposite sideline, the Packers QB Aaron Rodgers was sharing stories about his mentors at his position and you know who wasn’t mentioned while two other respected slingers, Kurt Warner and Steve Young were. Staying on topic, Rodgers mentioned a former Green Bay quarterback and it wasn’t Brett Favre, it was Bart Starr.

“Bart has been incredible to me, in the last three years especially, with the e-mails and conversations that I’ve been able to share with him. He’s an incredible man and a guy I’d love to model my career after.”

When asked about Brett Favre and whether he had heard from him the answer was as brief as one would use on the stand in a courtroom, “No.”

BTW, the guy you would have expected to get grilled due to his off the field problems, Steelers QB Ben Roethlisberger, fielded questions like a Golden Glove winner. His time went smooth as he cut up with the reporters and took time to sit a young kid on his lap and sign an autograph for him. When asked if he had experienced anxiety while anticipating getting grilled he responded, “I don’t know about anxiety. I tried to be prepared.”

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.

Copyright ©2011 Sports Climax, LLC