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08/25/08 11:43 PM ET

Bonds asks for dismissal of 10 charges

Home run king scheduled to go on trial next March

Barry Bonds faces 14 counts of perjury and one count of obstruction. (Marcio Jose Sanchez/AP)
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Attorneys for former Giants slugger Barry Bonds filed papers in a San Francisco federal court on Monday seeking the dismissal of 10 of the 15 counts in the ongoing case brought against their star client.

Bonds, Major League Baseball's all-time home run leader, is slated to go to trial on March 2, 2009, for allegedly lying about his use of performance-enhancing drugs in testimony given to a grand jury nearly five years ago.

In the filing to be determined by U.S. District Judge Susan Illston on Oct. 24 in her San Francisco courtroom, the attorneys allege that the charges are repetitive and "duplicitous."

Bonds was originally charged with four counts of perjury and one of obstruction of justice. But the judge vacated that original indictment in February for many of the same reasons that Bonds' attorneys list in their 19-page motion to dismiss on Monday.

Federal attorneys returned in June with a 15-count indictment that included 14 for perjury and the one for obstruction.

"The government filed an initial indictment against defendant Bonds that was so flawed by impermissibly duplicitous charges -- i.e. two offenses alleged in the same count -- that the [judge] was forced to dismiss and obtain a superseding indictment," the filing says. "A few counts of the present superseding indictment are adequately pleaded, but the remainder have serious defects that require remedial action."

Thus, Bonds' attorneys are seeking dismissal for perjury counts one, two, five, seven, eight, nine, 11, 12 and 14, plus the final count of obstruction "because many of the other counts are defective."

Drug Policy in Baseball

Bonds, an unretired free agent with 762 career homers, first appeared before a grand jury investigating the Bay Area Laboratory Co-Operative on allegations of money laundering and illegally dispensing performance-enhancing drugs on Dec. 4, 2003.

On numerous occasions, Bonds was asked and responded that he never used anabolic steroids, testosterone and human growth hormone or had been administered any of those drugs with a needle during the period from 2000 to 2002.

The investigation into the case against Bonds spanned four years, involved three grand juries and led to the jailing of Greg Anderson, Bonds' former personal trainer, for refusing to testify against Bonds. Anderson, one of five people ultimately charged in the initial case, previously had served three months in prison and three months under house arrest in a plea bargain arrangement. Victor Conte, BALCO's president and founder, was the only other person in that group to go to jail.

Anderson was released from a federal prison in Dublin, Calif., on Nov. 15, shortly after the first indictment against Bonds was unsealed. It's almost certain that if the case ultimately goes to trial, the government will subpoena Anderson to be a witness, although his attorney has said he will not testify.

Bonds, who turned 44 on July 24, played his final game for the Giants last Sept. 26 at AT&T Park. He was told at the end of September that the club would not consider bringing him back for a 16th season and he wasn't able to procure another job in Major League Baseball.

Barry M. Bloom is a national reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.

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