ILNews

Keeping baseball legal

Back to TopCommentsE-mailPrintBookmark and Share

An Indianapolis sports law attorney who was on the prosecution’s legal team at the start of the baseball steroid case against Barry Bonds recently witnessed the final “at bat” for the prosecution and defense in a California courtroom.

Attorney William Bock III of Kroger Gardis & Regas traveled to the Northern District of California in San Francisco in March for the trial of the 46-year-old baseball player accused of lying to a grand jury about whether he used steroids or growth hormone during his career.

bock-william-bondsstory-15col.jpg Attorney William Bock III in Indianapolis serves as general counsel for the U.S. Anti-Doping Agency. He traveled to California for part of the recent steroid-use trial against baseball player Barry Bonds. (IBJ Photo/ Perry Reichanadter)

A seven-time most valuable player in Major League Baseball’s National League, Bonds last played for the San Francisco Giants in 2007 and broke Hank Aaron’s career home run record with 762. But this federal case has tarnished his career and helped dub the last decade as the steroid era in sports.

“This all brought a lot of attention to the problem of drugs in sports and has led to more resolve in the profession and sports generally,” said Bock.

The three-week trial in March concluded a long process by federal prosecutors working to prove that Bonds used steroids during his baseball career and then lied about it under oath.

Prosecutors obtained one conviction on obstruction of justice, the result of Bonds giving intentionally evasive, false, or misleading statements while testifying before a grand jury investigating the performance-enhancing drug use in 2003. Jurors determined that Bonds went out of his way to avoid answering the question of whether his personal trainer at the time had ever injected him.

U.S. Judge Susan Illston declared a mistrial on the other three counts Bonds faced that alleged he lied to a grand jury when he said he never used drugs. Bonds faces a possible sentence of 10 years in federal prison, but he is expected to receive a lighter penalty. A sentencing hearing will be held later this year.

No decision has been made on retrying Bonds on those other counts.

“This case is about upholding one of the most fundamental principles in our system of justice — the obligation of every witness to provide truthful and direct testimony in judicial proceedings,” U.S. Attorney Melinda Haag in San Francisco said in a statement about the case. “In the United States, taking an oath and promising to testify truthfully is a serious matter. We cannot ignore those who choose instead to obstruct justice.”

Bock’s involvement stemmed from his role as general counsel for the Colorado-based U.S. Anti-Doping Agency, where he has served as general counsel since September 2007. The USADA is an independent entity that investigates and prosecutes drug use cases in Olympic and Paralympic sports. Bock has represented the agency when athletes have been accused of violating sport drug testing rules.

Bock’s work put him in the pages of a best-selling non-fiction book published in March 2006 – “Game of Shadows: Barry Bonds, BALCO and the Steroids Scandal that Rocked Professional Sports.” The authors, two San Francisco Chronicle sport reporters, interviewed Bock for the book.

“Bill is well-schooled on what this is all about and was critical in getting this to where we are today,” said Mark Fainaru-Wada, one of the book’s two authors who covered the Bonds trial and met with Bock while he was in California. “He has the vantage point that others don’t and knows all the players and strategy at the heart of these cases.”

Specifically, Bock represented Dr. Larry Bowers, one of the prosecution’s early key witnesses who testified about the drugs at issue in the case. Bowers was asked as a private citizen to go on the raid that was a precursor to the trial, and the government has relied on his expertise through the years.

“My role was to prepare him and anticipate the questions he might get while on the stand, and I basically got a sense of where the case was headed based on the sorts of questions being asked,” Bock said.

The case started strong, with his client’s testimony being one of the key points closing out that first week, Bock said. But some conflicting testimony later in the proceedings from the defense proved to be a difficult hurdle to overcome, leading to the judge’s mistrial ruling on three of the counts.

Bock said he found one of the most interesting parts of the trial to be the discussion about a side effect of steroid use on a person’s temperament, known as “Roid” Rage – a condition that had been associated with Bonds. The lead defense attorney wanted Bowers to testify that it is difficult to be clear about correlation the data shows between when episodes of anger occurred and when Bonds took the drugs. That, however, proved counterproductive. Instead, Bock’s client testified that there is a correlation between those periods.

“That was a situation where the cross examiner just wished he hadn’t asked the question, because he got an answer he didn’t expect,” Bock said. “That was one of the moments where you just have to smile.”

Bock said that some reporters attending the trial told him it seemed more like biology class than a courtroom baseball legal drama, but they agreed that his client held his own while on the stand.

“He laid the framework for the government to prove its case later on,” he said.

The Bonds trial was the last case in a long line of litigation related to the Bay Area Laboratory Cooperative that Bock has been involved with through the USADA. Overall, the USADA was involved in litigation involving 24 athletes. The last of the USADA BALCO cases ended in mid-March, when track and field coach and agent Mark Block received a 10-year USADA suspension from all coaching and representation of athletes for violating anti-doping rules by administering and supplying what’s known as “the clear” and “the cream.”

Bock has been involved in cases that haven’t included lab-result evidence, and the USADA had to use photo or non-scientific information to prove its cases – setting new legal ground. But the Bonds case, he said, was the most high profile and interesting, in part, because of its unique approach.

“This differed from our cases on the standpoint that many of the athletes we’ve dealt with were involved firsthand, not like Bonds who was insulated through someone else. That made his case more difficult to prosecute,” Bock said. “From our perspective, this is a great victory for clean sports. Hopefully, it’s another example that if a federal agent asks you questions, you’d better be truthful. This all brought a lot of attention to the problem of drugs in sports, and has led to more resolve in the profession and sports generally.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT