Bonds lawyer sues over new book on BALCO scandal

San Francisco Chronicle ^ | 3/23/6 | Bob Egelko

[SmithL]

SAN FRANCISCO -- Barry Bonds' lawyer says he'll ask a judge to order that the authors of a new book detailing the Giants' slugger's alleged use of steroids turn over any profits they make.

Notice of the lawsuit came today in a letter from attorney Michael Rains' office to the agent for authors Mark Fainaru-Wada and Lance Williams. They are reporters for The Chronicle and authors of the book "Game of Shadows."

The book, published today, concerns the Bay Area laboratory known as BALCO and the athletes, including Bonds, who allegedly were illicitly supplied with performance-enhancing drugs.

According to the letter, Bonds' attorney will ask a San Francisco Superior Court judge on Friday to issue a temporary restraining order forfeiting all profits from publication and distribution of the book.

The suit is to be filed under California's unfair competition law against the authors and the publisher, Gotham Books, as well as The Chronicle and Sports Illustrated magazine, which have both published excerpts.

The letter does not describe the basis of the suit. But in response to past newspaper articles by the same authors, Bonds and his representatives have denied that he used steroids and have complained that the allegations were based in part on leaked grand jury testimony.

[SmithL]

The Attack Lawyers are out in force.

[mainepatsfan]

Bonds excellent PR skills on display yet again. /s

[Hildy]

I really don't understand...Bonds is more concerned over losing money than about what the book actually says? Honestly, I don't understand.

[mainepatsfan]

The guy was a guaranteed first ballot HOF BEFORE he decided to go on the juice. He's impossible to figure out.

[danno3150]

I am by no means a legal expert, but doesn't this open the door for the defense to get access to Barry's medical records? How about access to grand jury testimony? How about calling Victor Conte? It sounds like Smilin' Barry's lawyers have opened Pandora's box. At the very least, I think they've just given the book more publicity.

[SmithL]

Good question. It'll be interesting to see how that plays out.

[commish]

This lawsuit is actually a tacit admission of Bonds Guilt.

Notice, they are not suing for Libel or slander, they are suing for the authors using grand Jury testimony in the book.

IOW they cannot refute the facts, so they are nitpicking at how the facts were presented.

[Subsonic22]

My opinion, this lawsuit is just a smokescreen. This allows him not to answer questions from reporters about steroids. He'll say to reporters,"I can't comment because of pending litigation". This is another "f" you to the press from Bonds. This suit will go away once Bonds retires. No way Bonds will testify in front of a jury and allow himself to be opened up to questioning. I don't think a jury (unless it's in San Francisco) will buy the argument that it was just flaxseed oil that allowed him to put on so much muscle so quickly.

[Freedom of Speech Wins]

If the authors should forfeit all profits because the transcripts were "illegally obtained" maybe Barry Bonds should forfeit all his baseball profits as his homeruns were "illegally obtained" and the steroids were "illegally obtained".

[kajingawd]

This allows him not to answer questions from reporters about steroids. He'll say to reporters,"I can't comment because of pending litigation". This is another "f" you ..."


The book tells all, him at a luncheon speaking with Ken Griffey in 98, saying that he couldn't believe that after going 400/400 that year, the only player to do so...being in the 9th page of the sportsnews in the paper because Mcguire and Sosa were all juiced up and homered till there was no end. He told Griffey that finally the world would see what a great athlete he is after he too would start* jacking up * , saying that he and Griffey were much better athletes and never would get the recognition.

Bonds, imo, is the best player the game has ever seen...too bad his pride couldn't overcome his ego.

[Subsonic22]

He told Griffey that finally the world would see what a great athlete he is after he too would start* jacking up * , saying that he and Griffey were much better athletes and never would get the recognition.

That's the ridiculous part. For all the 90's the two best players in the game, hands down, were Griffey and Bonds. Even after the 98 season, no serious fan considered McGwire or Sosa his equal. Bonds was the ultimate 5 tool player (well maybe 4, after all he couldn't throw out Sid Bream). The book confirmed what I always thought the motive was behind Bonds using steroids. He had to look at these one trick ponies and saw all the attention they were getting, meanwhile he was agurably the best all around player in the game and nobody cared. Now, nobody cares about McGwire, Sosa, or Bonds accomplishments because they juiced up.

[Roberts]

The lawsuit seeks to strip the profits from the book because the authors arguably have violated California Business and Professions Code section 17200 et seq. by attempting to profit from illegal activity. It is a crime to leak grand jury testimony; the authors (and the SF Chronicle) knowingly printed grand jury testimony that, by law, cannot be released.

The issue in the lawsuit is NOT whether the allegations in the book are true (frankly, they probably are). The issue is whether the authors should be able to profit from the use of illegally-obtained, secret transcripts. In my opinion, the SF Chronicle and the authors here have shown an utter disregard for one of the pillars of the criminal justice system, just to make a buck. Just like Bonds, they get whatever is coming to them.

[Hildy]

Thank you. I understand it now. They're ALL corrupt. I've said it before, I'll say it again. Where seeing the result of money replacing God in our society.