Report: Retested Bonds sample positive

Updated: February 3, 2009, 9:23 PM ET
ESPN.com news services

A urine sample that Barry Bonds submitted as part of Major League Baseball's anonymous testing program in 2003 has come back positive for PEDs, according to a New York Times report.

Bonds provided samples that did not test positive under that program, but the samples were re-examined by federal authorities after they were seized in a 2004 raid, The Times reported on Tuesday, citing people familiar with the matter.

Citing a person who has reviewed the evidence in the case, The Times reported last week that authorities detected anabolic steroids in urine samples linked to Bonds that they gathered in their investigation. It remains unclear, the newspaper said, whether the '03 urine sample and the samples seized in the feds' raid in '04 are the same.

Bonds testified to a federal grand jury investigating the Bay Area Laboratory Co-Operative in 2003 that he used "the cream" and "the clear" but did not know they were performance-enhancing drugs. During that testimony, Bonds was asked if he ever took steroids, and he answered no.

The government alleges that Bonds lied under oath. His perjury trial is scheduled to begin March 2 in San Francisco.

Bonds' lawyers filed a motion last month asking Judge Susan Illston, who is presiding over the career home run leader's case, to exclude several pieces of evidence, including those 2003 urine samples.

Illston issued an order Monday saying that, on Wednesday morning, she will unseal some of the evidence gathered by prosecutors in the case. Illston informed defense lawyers she was rejecting their motion to file a series of documents under seal.

Among the documents to be released Wednesday are a transcript of a recorded conversation between Bonds' personal trainer Greg Anderson and Bonds' former business partner Steve Hoskins, as well as positive drug test results that prosecutors say belong to Bonds.

The defense had argued that making the material public now could hinder Bonds' ability to get a fair trial. However, Illston said she received a letter from media representatives on Jan. 30 requesting that the sealing order be lifted, and she ruled Monday that releasing the documents would not impair Bonds' Sixth Amendment right to a fair trial.

Lead prosecutor Matt Parrella declined comment. Bonds' lead attorney Allen Ruby said he would not fight the judge's unsealing order.

Information from The Associated Press was used in this report.

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