U.S. District Judge William Alsup ordered Barry Bonds’ personal trainer, Greg Anderson released from jail Thursday, citing a legal “snafu” that has arisen in the case. Alsup said Anderson must be freed because a federal appeals court hadn’t affirmed his contempt order within the required 30 days after he was jailed for refusing to testify to a grand jury investigating Bonds. The 9th US District Court of Appeals declined to reissue a new contempt order. Instead they sent it back to the judge saying Alsup’s ruling regarding the tape recording was not clear enough.
“This snafu has arisen by an apparent failure by the court to be clear of its findings,” Alsup said.
Anderson could be returned to prison if the appeals court affirms his Aug. 28 contempt citation for refusing to answer questions before the panel investigating whether Bonds committed perjury when he said he never knowingly used steroids. The appeals court could rule any day.
Anderson, who served three months in prison and three months of home detention for his conviction, has appealed his contempt jailing on several fronts. His main argument is that a secret, ‘illegally’ recorded tape of him discussing Bonds’ steroid use is the basis for grand jury questions he faces.
Although Alsup dismissed this and all of Anderson’s previous claims, the Judge’s hands were tied for the moment. In clarifying his order Thursday, Alsup said he agreed with prosecutors that there was plenty of evidence beyond the tape to question Anderson. Prosecutors on Thursday said the questions they want answered are based on athletes’ testimony in the BALCO case and a search of Anderson’s house that turned up drug records, some with Bonds’ name on it.
Last week reports surfaced that stated Anderson will seek to withdraw his 2005 guilty plea for his part in the BALCO scandal for similar reasons. His lawyer, Mark Geragos, said the tape amounts to an illegal wiretap and was the basis for the BALCO case against Anderson. Prosecutors claim the tape is legal and was made in a face-to-face meeting with Anderson.
