In a two-page document filed with the court Wednesday, the U.S. attorneys prosecuting the case and defense attorney Allen Ruby asked Judge Susan Illston to move the hearing date back a month because additional time is needed to evaluate post-trial motions and witness availability in the event of a retrial on any of the counts.
Bonds, a seven-time Most Valuable Player whose conquests of the single-season and career home run records capped a 22-year career that ended in 2007, was convicted of one count of obstruction of justice on April 13. But the jury of eight women and four men could not come to a consensus on any of the three counts of making false declarations in relation to Bonds' 2003 testimony before the Bay Area Laboratory Co-Operative (BALCO) grand jury, in which he denied knowingly using performance-enhancing drugs.
The government is considering whether to retry any of the hung verdicts, but has not announced whether it will do so. The closest one of those counts came to conviction was an 11-1 vote on Count Two, which said Bonds lied when he testified before the grand jury that no one other than a personal physician had ever injected him with a syringe. Prosecution witness Kathy Hoskins testified at trial that she saw trainer Greg Anderson inject Bonds in the abdomen while she was fulfilling her duties packing Bonds' clothes for a Giants road trip. The other two counts were weighted toward acquittal, at 8-4 and 9-3.
Meanwhile, the defense is preparing a motion to have the obstruction conviction set aside by Illston, who also could choose to order a new trial on the count. Bonds' team is expected to argue that the obstruction conviction is at legal odds with the fact that Bonds was not convicted on any of the counts of giving false testimony.
The document filed Wednesday stated that the two sides will continue to meet regarding the Bonds team's post-trial motions pertaining to the obstruction count.
John Schlegel is a national reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.Less