Last Thursday, the prosecution in the Barry Bonds trial was dealt a heavy blow when one of their key witnesses, Bonds surgeon Dr. Arthur Ting, did not say anything to corroborate the testimony of a prior key witness, Bonds’ childhood friend Steven Hoskins.In fact, Dr. Ting contradicted a sizable majority of what Hoskins had to say about Bonds alleged steroid use and added that the side effects Bonds was said to have experienced could have come from legal steroids that Dr. Ting prescribed himself.
Then on Monday, prosecutors claimed that they suddenly found an audio tape that would contradict the testimony of Dr. Ting. It did sound a little bit suspect that such potentially vital evidence wasn’t even mentioned or submitted prior to the trial, but it’s not terribly uncommon for attorneys to withhold evidence until absolutely necessary. That doesn’t mean the defence was fine with it, as both sides spent most of the day debating whether or not the new evidence can be included.
However, based on the comments by U.S. District Judge Susan Illston the tape will probably never make into the trial. Although no formal decision has been made, Judge Illston’s called the tape “almost entirely inadmissible or irrelevant” and added that she could only hear Hoskins clearly on the tape, and couldn’t hear Dr. Ting very well at all.
The content of the tape was also mostly commentary on news articles that were recently published around the time of the recording, which wouldn’t be much more than a waste of the jurors time.
However, the trial goes on today, with the prosecution calling three lab workers to the stand. The government is expected to rest its case shortly thereafter, though they must feel incredibly disappointed with how the trial has gone.
Seemingly, the only credible witness that delivered any sort of impact was Bonds’ former mistress Kimberly Bell, and even she wobbled slightly during the defence’s cross examination.