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2B – Daily News – Wednesday, March 23, 2011 Bonds lawyer starts to pick at government’s case SAN FRANCISCO (AP) — With prosecutors saying Barry Bonds lied about using steroids, the home run king’s lead attorney started picking at the government’s case Tuesday, attacking witnesses expected to accuse Bonds of willfully taking drugs to make him hit the ball hard- er and farther. Defense lawyer Allen Ruby, his rich voice sometimes inflected with sarcasm, said in his opening state- ment that a former Bonds girlfriend, a former business partner and a for- mer personal shopper only came for- ward against his client after the base- ball star broke off relationships with them. He also insisted Bonds testified truthfully before a grand jury in December 2003 when he said he did not know he was using a pair of designer steroids. Bonds claims his trainer told him that he was taking ‘‘flaxseed oil’’ and ‘‘arthritic cream.’’ ‘‘I know it doesn’t make a great story. Barry Bonds went to the grand jury and told the truth and did his best,’’ Ruby said. ‘‘That’s not a made-for-TV story.’’ On a day when federal agent Jeff Novitzky became the first witness to testify, saying Bonds’ grand jury account differed with other facts in the case, the contrast in stories and legal teams could not have been greater. While Ruby, a high-priced, high- profile defense lawyer, spoke in a booming baritone and painted Bonds as a victim over the course of an hour, Assistant U.S. Attorney Matthew A. Parrella gave his 46- minute statement in a workmanlike monotone that had some jurors struggling to keep their heads up. His two best lines drew objections from Ruby that were sustained by U.S. District Judge Susan Illston. First, Parrella called BALCO founder Victor Conte, Bonds trainer Greg Anderson and Bonds ‘‘the three Musketeers of BALCO.’’ Then, Parrella said Bonds’ grand jury testimony was an ‘‘utterly ridiculous and unbelievable story.’’ After the opening statements, and with the jury out of the court room, Anderson walked in and passed Bonds, who turned his head away. Anderson repeated his long- standing refusal to testify against his childhood friend, was held in civil contempt by Illston, taken into cus- tody by U.S. Marshals and escorted out a back door. This will be his fourth time in prison, his third for refusing to testify against Bonds, and he likely will be held until the end of the trial. The case is expected to last about a month. Anderson also served three ‘‘Barry is not a caricature. He’s a man. Whether the evidence in this case persuades you that he is an admirable man or not an admirable man or something in between has not a thing to do, we can all agree, with the charges that the United States government brought against him.’’ Barry Bonds’defense lawyer Allen Ruby months in prison and three months in home confinement for money laun- dering and steroids distribution from the original Bay Area Laboratory Co-Operative (BALCO) case. Anderson’s plea in that instance hap- pened in 2005. Bonds’ trial is the last to stem from the BALCO investiga- tion. Mark J. Geragos, Anderson’s lawyer, argued that additional sanc- tions would be ‘‘punitive rather than coercive,’’ which was ignored by Ill- ston. Later, she instructed the jury that Anderson was unavailable and that jurors may not draw ‘‘any infer- ence from his failure to testify.’’ Anderson was the go-between for Bonds in his contact with BALCO, and without his testimony to authen- ticate them, Illston excluded what the government said were three pos- itive drug tests performed for the lab. Because he isn’t testifying, the gov- ernment will have a harder time proving the charges in Bonds’ indict- ment, which includes four counts of making false statements to the grand jury and one count of obstruction. Each count carries a penalty of up to 10 years, but federal guidelines recommend a sentence of 15-to-21 months. Bonds, wearing a dark suit as he did Monday, this time with a light blue shirt and a silver-blue tie, sat with hands clasped for much of the time during opening statements. He occasionally wrote out notes for his lawyers, and he sat slouched in his chair, his long legs crossed at the ankles and poking out the other side of the defense table. While much or all of the govern- ment’s evidence has been made pub- lic since Bonds’ indictment in December 2007, Ruby gave the clearest indication of the defense strategy: stick to the story Bonds told the grand jury and assail those impli- cating against him. Ruby said the government wit- nesses and leaks ‘‘created a carica- ture of Barry Bonds, terrible guy, bad, mean.’’ ‘‘Barry is not a caricature. He’s a man,’’ Ruby said. ‘‘Whether the evi- dence in this case persuades you that he is an admirable man or not an admirable man or something in between has not a thing to do, we can all agree, with the charges that the United States government brought against him.’’ He also criticized the government witnesses for cooperat- ing with the media, saying they cre- ated ‘‘poisonous things that have been out there about Barry.’’ Ruby alleged Kimberly Bell, an ex-girlfriend who ended a nine-year relationship with Bonds, and Steve Hoskins, who had a fallout with Bonds in his signed memorabilia business, were ‘‘facing the loss of the financial benefit that Barry provided to them over the years.’’ Ruby also criticized Kathy Hoskins, Steve’s sister and Bonds’ former personal shopper, saying ‘‘the bitterness of these people toward Barry ... was very, very per- vasive.’’ Jurors, who brought pads of paper to the court room, took notes as Novitzky spoke, and there were sev- eral empty seats in the five spectator rows during his often-tedious testi- mony. Under questioning from Assistant U.S. Attorney Jeffrey D. Nedrow, the tall, bald investigator, then with the IRS and now with the Food and Drug Administration, recounted going through BALCO’s trash and finding copies of magazine articles containing photos of Bonds with BALCO executives. He then identi- fied what he called a ‘‘treasure trove’’ of drugs taken from Conte’s storage locker, and syringes, steroids and HGH seized from Anderson’s home in September 2003. He said Bonds’ claims that he was given steroids unknowingly caused prose- cutors to consider whether they should file assault charges against BALCO executives. When Novitzky, in response to a question from Ruby, talked about a recording of Anderson and Hoskins discussing how Anderson injected Bonds, several jurors took notes. Ruby objected to the testimony, and Illston ordered it stricken from the record. Bonds rubbed his eyes and rested his chin on a hand during part of Novitzky’s long testimony. A mem- ber of his legal team read the Huffin- gton Post on a laptop. Mayor: Kings are in ’final weeks’ in Sacramento Sacramento Kings By ANTONIO GONZALEZ AP Sports Writer Sacramento’s Mayor is already preparing for life without the Kings. In a strongly worded blog posted on his website Tuesday night, Mayor and former NBA player Kevin Johnson wrote the franchise’s possible relocation to Anaheim ‘‘feels like a slow death’’ and this ‘‘will likely be the Kings’ final weeks in Sacramento after 26 years.’’ Johnson met with Kings owners Joe and Gavin Maloof last month and has believed since that the Kings will leave after this season. After years of not receiving public dollars to build a new arena in Sacramento, the Maloofs began dis- cussions with Anaheim officials about relocating the franchise to Orange County. An attorney representing the Kings also filed for at least four federal trademarks registrations: Anaheim Royals, Anaheim Royals of Southern California, Orange County Royals and Los Angeles Royals. The well-traveled franchise was previously named the Rochester Royals and Cincinnati Royals. Coincidentally, the Kings have played several home games this season in the throwback uniforms of those 1951 NBA champion Rochester Royals. John- son also seemed bothered that the Kings have been wearing Royals uniforms. Johnson has maintained that Sacramento needs to focus on building a new arena with or without the Kings, even poking fun at their former — and per- haps future — moniker. ‘‘The strange part is, our true destiny as a profes- sional sports town continues to rest with us — not the Kings or Royals or whatever they want to call them- selves,’’ Johnson said. The NBA already granted the Kings an extension until April 18 to decide if it will file a request to move the franchise for next season. The Kings will have the opportunity to discuss their plans at the NBA’s Board of Governors meetings April 14-15 in New York. Sacramento’s season finale is April 13 at home against the rival Los Angeles Lakers, a game that could be the last at the newly renamed Power Balance Pavilion, formerly called Arco Arena. Johnson also said a financial feasibility study on a new arena will continue as planned and thanked fans who ‘‘take the high road’’ during the season’s final weeks. ‘‘The slow death is almost over. It’s painful,’’ he said. ‘‘But a new beginning is right around the cor- ner.” CBI Quarterfinals Monday’s results Oregon 77, Duquesne 75 Semifinals Today’s games UCF at Creighton, late Boise State at Oregon, late NIT Second Round Monday’s late result Washington State 74, Oklahoma State 64 Quarterfinals Tuesday’s result Colorado 81, Kent State 74 Today’s games CIT Quarterfinals Monday’s result SMU 57, Northern Iowa 50 Tuesday’s results East Tennessee State 82, Ohio 73 Iona 78, Buffalo 63 Santa Clara at San Francisco, late NHL WESTERN CONFERENCE Pacific Division WL OT Pts GF GA SHARKS 42 23 8 92 211 191 Phoenix 39 24 11 89 213 207 Kings 41 26 6 88 199 177 NBA WESTERN CONFERENCE Pacific Division WL Pct GB y-Lakers 50 20 .714 — Phoenix 35 33 .515 14 WARRIORS 30 41 .423 20.5 Clippers 27 44 .380 23.5 KINGS 17 52 .246 32.5 Southwest Division WL Pct GB x-S. Antonio 57 13 .814 — x-Dallas 49 21 .700 8 New Orleans40 31 .563 17.5 Memphis 39 32 .54918 .5 Houston 37 34 .521 20.5 Northwest Division WL Pct GB Okla. City 45 24 .652 — Denver 42 29 .592 4 Portland 40 30 .571 5.5 Utah 36 35 .507 10 Minnesota 17 54 .239 29 EASTERN CONFERENCE Atlantic Division WL Pct GB x-Boston 50 19 .725 — Philadelphia 36 34 .514 14.5 New York 35 35 .500 15.5 New Jersey 22 47 .319 28 Toronto 20 50 .286 30.5 Southeast Division WL Pct GB x-Miami 48 22 .686 — x-Orlando 45 26 .634 3.5 Atlanta 40 31 .563 8.5 Charlotte 28 41 .406 19.5 Washington 17 51 .250 30 Central Division WL Pct GB y-Chicago 51 19 .729 — Indiana 31 40 .437 20.5 Milwaukee 28 41 .406 22.5 Detroit 25 45 .357 26 Cleveland 13 56 .188 37.5 x-clinched playoff spot y-clinched division ————————————————— Tuesday’s results Chicago 114, Atlanta 81 Phoenix at L.A. Lakers, late Washington at Portland, late Today’s games Sacramento at Milwaukee,5 p.m.,CSNC Golden State at Houston,5:30 p.m.,CSNB Atlanta at Philadelphia, 4 p.m. Indiana at Charlotte, 4 p.m. New Jersey at Cleveland, 4 p.m. Memphis at Boston, 4:30 p.m. Miami at Detroit, 4:30 p.m. Orlando at New York, 5 p.m., ESPN Utah at Oklahoma City, 5 p.m. Toronto at Phoenix, 7 p.m. San Antonio at Denver, 7:30 p.m., ESPN Washington at L.A. Clippers, 7:30 p.m. Thursday’s games Minnesota at Dallas, 5:30 p.m. New Orleans at Utah, 6 p.m. Ducks 40 27 5 85 204 208 Dallas 38 25 9 85 203 202 Central Division WL OT Pts GF GA Detroit 43 21 9 95 237 209 Nashville 39 25 10 88 193 173 Chicago 39 25 8 86 234 202 Columbus 33 29 10 76 195 218 St. Louis 32 31 9 73 201 214 Northwest Division WL OT Pts GF GA y-Vancouver47 17 9 103 238 172 Calgary 37 27 11 85 227 216 Minnesota 35 31 8 78 185 207 Colorado 27 36 8 62 198 250 Edmonton 23 40 10 56 176 240 EASTERN CONFERENCE Atlantic Division WL OT Pts GF GA x-Philadelphia 44 19 9 97 232 195 Pittsburgh 42 23 8 92 213 181 N.Y.Rangers 40 30 4 84 216 179 New Jersey 34 35 4 72 155 186 N.Y.Islanders 29 33 12 70 208 235 Northeast Division WL OT Pts GF GA Boston 40 22 10 90 217 176 Montreal 40 27 7 87 200 187 Buffalo 36 28 9 81 216 208 Toronto 33 31 10 76 195 225 Ottawa 27 37 9 63 167 227 Southeast Division WL OT Pts GF GA x-Washington 43 21 10 96 203 180 Tampa Bay 39 23 11 89 216 222 Carolina 34 29 10 78 205 217 Atlanta 30 30 12 72 202 238 Florida 29 34 10 68 182 199 x-clinched playoff spot y-clinched division ————————————————— Tuesday’s results Boston 4, New Jersey 1 Buffalo 2, Montreal 0 Carolina 4, Ottawa 3 Nashville 3, Edmonton 1 N.Y. Islanders 5, Tampa Bay 2 N.Y.Rangers 1, Florida 0 Toronto 3, Minnesota 0 Washington 5, Philadelphia 4, SO Columbus at Colorado, late St. Louis at Phoenix, late Today’s games Calgary at San Jose, 7 p.m.,CSNC Vancouver at Detroit, 4:30 p.m., VS Anaheim at Dallas, 5:30 p.m. Florida at Chicago, 5:30 p.m. Thursday’s games San Jose at Los Angeles, 7:30 p.m. Atlanta at N.Y. Islanders, 4 p.m. Montreal at Boston, 4 p.m. Ottawa at N.Y. Rangers, 4 p.m. Pittsburgh at Philadelphia, 4 p.m. Anaheim at Nashville, 5 p.m. Edmonton at St. Louis, 5 p.m. Toronto at Colorado, 6 p.m. Columbus at Phoenix, 7 p.m. Monday’s late result Los Angeles 2, Calgary 1, SO Co.Charleston at Wichita St., 4 p.m., ESPN2 Miami at Alabama, 6 p.m., ESPN2 Northwestern at Wash.St., 8 p.m., ESPN2