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Recording of Barry Bonds' surgeon discovered; he had denied discussing player's alleged steroid use [Updated]

Steve Hoskins Prosecutors in the Barry Bonds perjury trial stunned the court Monday by revealing the discovery of a secret recording of Bonds' orthopedic surgeon, who denied last week that he had discussed the player's alleged steroid use with others.

Dr. Arthur Ting last week cast doubt on testimony by key prosecution witness Steve Hoskins, a childhood friend and former business partner of Bonds. Hoskins testified that he had repeated conversations with Ting about Bonds' alleged steroid use.

Now, Hoskins says he has discovered a recording he secretly made of the orthopedic surgeon. The contents of the recording have not yet been revealed by the prosecution.

U.S. District Judge Susan Illston has yet to rule on whether the tape is admissible. She sent jurors home for the day after one juror reported being sick.

[Updated, 10:20 a.m.: The trial has recessed until 11:30 a.m. while the prosecution works on transcribing Hoskins' recording. Meanwhile, the judge has refused to sanction the prosecution for failing to give the defense exculpatory evidence but will consider a filing on it.

The juror who is ill has a gall stone.]

[Updated, 12:30 p.m.: Allen Ruby, Bonds' lead lawyer, told the court he did not believe the tape would be relevant.

"For many reasons, we think the transcript part of this will be moot and that it will never come into evidence," Ruby said. He told the court that he had hired technical experts to examine the tape and the recorder.

Prosecutors said they had informed Bonds’ defense team of the tape discovery late Sunday night.

Hoskins is a key prosecution witness. He was a family friend of Bonds who later worked for the San Francisco Giants' slugger. Hoskins carried Bonds’ equipment to the ballparks, made his appointments  and worked with Bonds in a sports memorabilia business.

Hoskins told the jury that Bonds began using steroids in 1999 and complained of soreness from injections in his bottom. Hoskins also testified that Ting, an orthopedist to sports stars that include Tiger Woods, had told him that steroids were responsible for an elbow injury Bonds suffered.

But Hoskins’ credibility was called into question when Ting denied under oath on Thursday that he ever had such conversations with Hoskins.

Hoskins became a prosecution witness after he and Bonds had a falling out in 2003 over money. Bonds told the FBI that Hoskins had cheated him. Hoskins denied the accusations and told federal agents that Bonds was using illegal designer steroids and human growth hormones without a prescription.

In his court testimony, Hoskins said that at the time of the falling out, Hoskins secretly recorded Bonds’ personal trainer, Greg Anderson, discussing how he allegedly administered the banned drugs. Hoskins testified that he also once recorded a conversation with Bonds’ lawyer.

But he said in court that he could not find a recording he claimed he also had made of Ting.

The court has recessed until 4 p.m. The trial will resume Tuesday if the ill juror has recovered.]

RELATED:

Fourth ex-big leaguer testifies he got injections from Bonds' trainer

Bonds' trainer supplied steroids to other players, according to testimony

Bonds' former assistant testifies she saw his personal trainer inject him in stomach 

-- Maura Dolan in San Francisco 

Photo: Witness Steve Hoskins walks in the lobby of a federal courthouse in San Francisco on March 23 after testifying in Barry Bonds' perjury trial. Credit: Liz Hafalia / Associated Press

 
Comments () | Archives (19)

Sent me home I'm sick of seeing this stupidity in the news.....what a waste of money and for what.....spend the money on real crime!!!

Typical sleazy government prosecution.

he's gonna beat the rap.

The joke continues. The persecutors (that's not an sp) makes a last-minute discovery, the judge sits on a defense request. The more I read and ponder, the more I wonder who Bonds ticked off. And what leverage the Feds used on all these witnesses. This whole thing stinks, but in another 4 or 5 years they'll sort it all out.

So, what we thought seems to be true. The doctor was lying. He should stand trial for perjury.

Now, there is that little matter of the secret recording. Is it admissible? And, if not, why should secret recordings be inadmissible?

Why do you say the tape is exculpatory? I bet it impeaches Dr. Ting. The govt still should have disclosed it as soon as it learned of it.

Defense: It's not fair! If we had known the truth was going to come out we never would have coached him to lie! lol It sounds like the good doctor might have some exsplaining to do!

Under California law, it's illegal for a private person, like this Mr. Hoskins, to secretly record a conversation with anyone. So the practical questions as to this tape will be (1) In what state was this secret recording made? (2) If the secret recording was made in a state outside California, was it legal for a private party to make a secret recording in that state? (3) If the secret recording was illegal in the state where it was made, will this Federal trial judge refuse to let it into evidence, for the purpose of impeaching Dr. Ting's testimony? (4) Under the Federal health care privacy act, HIPAA, it was illegal for this Dr. Ting to discuss Mr. Bonds' medical condition with Mr. Hoskings, so does this secret tape get excluded from evidence under HIPAA?

I'd much rather read about Bonds' sport nutrients than the trillions in stolen loot by the Wall Streeters, Corporatists and War Profiteers, the continuing doling out of our treasury to foreigners by the Fed, our billion dollar a month wars, and our ongoing Fascist "shift".

We the jury find this very interesting but are not moved. Barry Bonds can't be the real evil one out of this whole bunch. Thus "Not Guilty times 5.

Lets face it, this scumbag is another OJ in the making. He can continue to deny allegations all he wants, hell they could find him innocent like they did OJ but we all know he did it as did Roger Clemens who also will be prosucuted and deserves to be found guilty

Guilty.

Very very guilty.

"Under California law, it's illegal for a private person, like this Mr. Hoskins, to secretly record a conversation with anyone."

This does not seem to be true, but perhaps others know better?

Wow - he just "discovered" a recording! Amazing!

this is ridiculous and a waste of money. it is no wonder the us is in debt to the chinese. stupid prosecutors are spending money follishly to prosecute bogus crimes.

Hoskins just happened to "discover" a secret recording he made of Dr. Ting. This "discovery" was not shared with the defense prior to trial, and its existence was only announced by the prosecution on the last day of their presentation. That sounds like the very definition of inadmissible evidence. Judge Illston has got to be some kind of pissed at the prosecution. Our tax dollars at work!

Off with their heads...

is the ill juror on steroids too?

Juiced and non-juiced sports venues. The fans could be juiced or non-juiced also.

But seriously. The stuff should not be illegal, but it should be controllable within sports by whatever rules everyone agrees on.


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