Bonds’ Attorney Upset Over Evidence Leak

By Mark Hoerrner

It seems the fractures in the case against Barry Bonds multiply day by day. The latest in a series of leaks in the government’s relentless crusade to purge performance-enhancing drugs from Major League Baseball is the information that the Giants forwarded confidential medical files to the U.S. Attorney’s office.

The files, according to Bonds’ attorney Michael Rains, contain nothing that would incriminate his client. The government has been after Bonds since 2003 when accusations surfaced that he may have perjured himself before a grand jury when testifying about alleged steroid use.

Rains outrage on behalf of his client, however, is clear.

"Basically, we're sending a letter to the U.S. Attorney and court seeking an investigation into the leak of the medical records," said Maggie Bedig, a Rains spokeswoman, reported ESPN.com.

On the tail of a second failed grand jury effort to indict Bonds, the U.S. Attorney’s office is starting to appear as the Keystone Cops of the enforcement world. However, they remain resolute that federal personnel are not orchestrating the recent leaks.

"The government understands and readily complies with its obligation to keep all sensitive material confidential," U.S. Attorney spokesman Luke Macaulay said in a statement. "We always welcome, and have in fact ourselves requested, investigations into all potential sources of leaks of such sensitive material, including potential non-governmental sources."

The government is considering impaneling a new grand jury this Thursday, though U.S. Attorney Kevin Ryan may postpone pursuing an indictment based on the medical records which may serve to support Bonds claim that he never used the performance enhancing substances. Ryan told the San Francisco Chronicle that those records were key in his decision and include information about three operations Bonds had in 2005 and an injured elbow from 1999.

Bonds’ former girlfriend, Kimberly Bell, testified that the elbow injury resulted from Bonds’ steroid use, the Chronicle stated.

Rains denied the allegations and once again defended his client’s federal testimony.

"I am confident and certain that the records at issue will completely undermine any claim that Barry has used steroids at any time in his entire baseball career," Rains wrote Friday in a statement e-mailed to the Chronicle.