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Appeals court orders Bonds' trainer back to prison

11/18/2006 - Barry Bonds

SAN FRANCISCO -- A federal appeals court ruled Thursday that
Barry Bonds' personal trainer must return to prison for refusing to
testify before a grand jury investigating performance-enhancing
drugs in professional sports.

Greg Anderson, 40, already has served two other brief prison
stints for refusing to testify whether his boyhood friend lied when
he said he never knowingly used steroids. Both times, Anderson,
held in contempt of court, was released on procedural grounds.

Anderson must report to the Federal Correctional Institution in
Dublin by Nov. 20 and could serve more than a year behind bars
unless he agrees to tell the grand jury what he knows about Bonds'
alleged steroids use.

The San Francisco Giants slugger, who's now a free agent, told a
2003 grand jury that he believed Anderson had provided him flaxseed
oil and arthritic balm, not steroids.

Anderson's attorney Mark Geragos could not immediately be
reached for comment.

Federal prosecutors believe Bonds committed perjury in 2003 when
he appeared before another grand jury that was investigating the
Bay Area Laboratory Co-Operative, which turned out to be a steroids
ring.

Anderson was convicted in the BALCO probe, pleading guilty to
steroid distribution and money laundering charges. He served three
months in jail.

In July, Anderson served 15 days in prison for refusing to talk
to the grand jury looking into Bonds' testimony but was released
when the panel's term expired. He was held in contempt a second
time after a new grand jury was formed but got out of prison after
37 days when the 9th U.S. Circuit Court of Appeals failed to uphold
the citation within 30 days as the law requires.

Geragos argued Anderson shouldn't have to testify about whether
he gave Bonds steroids, contending prosecutors illegally recorded
him in 2004 on a tape in which Anderson is overheard discussing
steroids.

Prosecutors say the recording was made during a face-to-face
meeting and wasn't obtained improperly. A lower court judge ruled
the recording, which was made by an unidentified person, was legal
and did not prejudice the grand jury against Anderson, as Anderson
claimed.

The San Francisco-based appeals court agreed Thursday with the
lower court, ruling there was ample evidence beyond the tape to
justify the grand jury's interest in questioning Anderson about
Bonds.

Prosecutors said the questions they want answered are based on
athletes' secret testimony in the BALCO case and a search of
Anderson's house that turned up drug records, some with Bonds' name
on it.

Other than the tape dispute, the appeals court already had
rejected the merits of Anderson's appeal. Among them, Anderson said
his BALCO plea deal prevented him from cooperating with the
government's steroid investigation.

The BALCO probe has netted five convictions and a pending
indictment of Trevor Graham, track coach to Justin Gatlin, Tim
Montgomery and Marion Jones and others.