Today in the criminal trial of Steroid ... er, Barry Bonds, the
federal judge ruled as inadmissible hearsay several positive drug
tests and calendars from Bonds trainer Greg Anderson.
The evidence was ruled inadmissible because Anderson would not testify
as to its authenticity to establish it's foundation. Anderson has
refused to testify in the Bonds case, choosing prison instead.
And yet there is an exception under the hearsay rules for witnesses
unavailable to testify. Which means dead, incapacitated, missing or
refusing to testify.
This sounded tailor-made for the exception.
So the second-biggest disgrace in baseball (the first obviously being
Don Fehr) will probably walk.
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