Perjury Investigation of Barry Bonds: More Bark than Bite?

According to Ted Rowlands of CNN, the United States Attorneys' Office in San Francisco is investigating whether Barry Bonds perjured himself while testifying before a grand jury in 2003. During that testimony, Bonds admitted that he had used a clear substance and a cream provided by trainer Greg Anderson, but stated that he believed they were flaxseed oil and arthritis balm. He also disclaimed any knowledge of substance-usage records, such as doping calendars from BALCO which indicated that he had used banned drugs, and denied ever paying Anderson for steroids or knowingly using them. As we discussed last month, the new book "Game of Shadows" paints Bonds as a knowing and habitual user of steroids and performance-enhancing substances.

Keep in mind, perjury charges are typically very difficult to prove. Perjury is the act of knowingly, intentionally, and materially lying to a court after taking an oath to tell the truth. So the prosecution must establish that a defendant knowingly and intentionally misstated a material fact, rather than having merely suffered from 1) a faulty recollection while answering a question; 2) a misunderstanding of the question being asked; or 3) a misunderstanding of his own response to the question. Moreover, an intentional lie must have a consequential effect on the case's ultimate outcome, a hurdle which can also be difficult to establish.

On the other hand, and assuming that Bonds did in fact lie under oath, his reputation for being meticulous about what goes into his body would seem to undercut any faulty recollection defense. But then again, did he understand the questions being asked of him? And did he fully understand his own answers? And how can the prosecution show that he did?

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