This
wasn’t supposed to happen in Barack Obama’s America. We
were told that these sorts of prosecutions wouldn’t be the
priority of an Eric Holder Justice Department. But just
as Guantánamo Bay detention centers and military tribunals
have remained in place, the perjury witch-hunt trial of
Major League Baseball’s home run king, Barry Lamar Bonds,
continued unabated and has now reached a predictably ugly
conclusion.
After
seven years, and millions of dollars in court costs, Bonds
has been found guilty of obstruction of justice. As for
the all-important three perjury charges, the jury couldn’t
agree whether Bonds lied to a grand jury investigating the
Bay Area Laboratory Co-operative (BALCO) when he swore under
oath that he never knowingly took performance enhancing
drugs. Without corroborating evidence from Bonds’ trainer
and lifelong friend Greg Anderson, the jury was deadlocked
and the Judge declared a mistrial on all perjury charges.
But the obstruction of justice conviction makes Bonds a
convicted felon, and sets him up for a May 20 hearing where
he could get as many as 10 years behind bars.
What
did Bonds do to “obstruct justice”? According to one juror,
“Steve,” the obstruction of justice charge was reached because,
"The whole grand jury testimony was a series of evasive
answers. There were pointed questions that were asked two
or three or four different ways that never got clearly answered.
That's how we came to that.'' Wow. Apparently, a “series
of evasive answers” lines you up for a 10-year sentence
behind bars. By that standard, Dick Cheney, Karl Rove, and
Scooter Libby should be breaking rocks in Leavenworth for
their performance at the Valerie Plame trial.
As
BALCO founder Victor Conte - who is no friend of Bonds -
said to USA Today, "This verdict absolutely makes no
sense to me. Of all of these counts, the one that makes
the least sense to me is the obstruction charge. Tell me
how there was obstruction of justice. This is all about
the selected persecution of Barry Bonds. This is not fair.
I was the heavy in this. I accepted full responsibility
and the consequences and went to prison. How is that obstruction?
Doesn't make sense.”
It
doesn’t. After all the public money, drama, and hysterics,
this is what we’re left with. He was “evasive." Keep
in mind that we live in a country where the US Department
of Justice has not pursued one person for the investment
banking fraud that cratered the US economy in 2008. Not
one indictment has been issued to a single Bush official
on charges of ordering torture or lying to provoke an invasion
of Iraq. Instead, we get farcical reality television like
the US vs. Barry Bonds.
This
was a trial where you longed for the somber dignity of a
Judge Judy. Since Anderson wouldn’t talk, the government
was left with two real witnesses: Kimberly Bell, Bond's
mistress, brought in to discuss his sexual dysfunctions
resulting from steroids, and Steve Hoskins, the business
manager whom Bonds fired for alleged theft and fraud. But
their real star was a once-anonymous IRS official named
Jeff Novitsky, who has proudly seen Bonds as an all-consuming
obsession, US Constitution be damned.
ESPN
legal expert Lester Munson described the verdict as “a major
triumph for federal agent Jeff Novitzky.” That alone should
chill our bones. Without a warrant, Novitzky started his
BALCO investigation by rooting through Victor Conte’s trash
and taking it back to his house to sift through in his leisure
hours. But Conte was a nothing to Novitzky. From the beginning,
his sights were on Barry Bonds.
Jonathan
Littman of Yahoo! Sports wrote, “two agents working on the
case knew that Novitzky ‘hated' Bonds, and heard him brag
about his hopes to cash in on a book deal. The agents demanded
to see copies of his reports and were rebuffed by federal
officials. Novitzky, however, was given carte blanche by
the head of the IRS to drop the normal duties of an IRS
agent -- investigating tax fraud and money laundering --
and became our de facto national sports doping czar.”
In
2004, accompanied by eleven agents, Novitsky marched into
the offices of sports-drug testing monolith Comprehensive
Drug Testing. Carrying a warrant which authorized him to
see the sealed drug tests of just ten baseball players,
he paraded out with 4,000 supposedly confidential medical
files, including records for every baseball player in the
Major leagues. As Jon Pessah wrote in ESPN Magazine, "Three
federal judges reviewed the raid. One asked, incredulously,
if the Fourth Amendment had been repealed. Another, Susan
Illston, who has presided over the BALCO trials, called
Novitzky's actions a 'callous disregard' for constitutional
rights. All three instructed him to return the records.
Instead, Novitzky kept the evidence..."
During
closing arguments, Bonds’ attorney, Cristina Arguedas, looked
at the jury as she pointed at the prosecution, accused them
of misconduct and asked, "Why are we even here?"
It’s
a good question. But asking the question is much safer than
answering it. We’re here because Major League Baseball and
the US government have long decided that Barry Bonds would
shoulder the burden for the steroid era. We’re here because
a surly Black athlete who thinks that the press is just
a step above vermin was easy pickings for an industry rife
with systemic corruption. Major League Baseball made billions
off of the steroid era, an era many now see as a rancid,
tainted lie. It was an era where owners became obscenely
wealthy and billions in public funds were spent on ballparks.
The press cheered and America dug the long ball. Now the
dust has cleared, our cities have been looted, Barry Bonds
could be going to prison, and Commissioner Bud Selig still
has a job -- and a RAISE. With apologies to Harvey Dent,
this is the story of the Black athlete today: Die a hero
or live long enough to be a villain. And the men in the
suits walk -- or in Selig’s case, slouch -- all the way
to the bank.
Around
the start of the trial, nearly a decade ago, Bonds said,
"This is something we, as African-American athletes,
live with every day. I don't need a headline that says,
'Bonds says there's racism in the game of baseball.' We
all know it. It's just that some people don't want to admit
it. They're going to play dumb like they don't know what
the hell is going on."
We
shouldn’t play dumb either. Both President Obama and Attorney
General Holder said words to the effect that the US government
would no longer be in the steroid-inspection business. Like
so much else in the last two years, it was just words.
This
commentary originally appeared in The
Nation.
BlackCommentator.com Guest Commentator Dave Zirin is the author of “Bad Sports: How Owners Are Ruining the Games We Love
” (Scribner. His website is edgeofsports.com where
you can subscribe to regular feeds of his column. Click here to
contact Mr. Zirin.
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