Barry Bonds' lawyer said Monday that Bonds cannot
cooperate with Major League Baseball's steroid investigation as long as he remains the focus of a possible perjury indictment.
Michael Rains said he would like to have Bonds cooperate with George Mitchell, Major League Baseball's lead investigator, but only if Bonds isn't in danger of being indicted.
Rains told ESPN.com's Mike Fish that he contacted Kevin Ryan, the U.S. attorney in San Francisco, to see if Bonds is still the subject of a federal investigation after Trevor Graham was indicted in the BALCO case.
"I told them that I would like to have Barry give an interview to Mitchell and his people, but I am not going to do it, Mr. Ryan, unless you tell me you're done with it. And if you won't even tell me one way or the other, then you leave me no alternative," Rains told ESPN.com.
Rains said he had hoped the Graham indictment was the last of the BALCO case, but Ryan replied in a letter: "We can't confirm or deny that we are conducting any proceedings related to Mr. Bonds."
A letter urging the cooperation of Bonds and other players tied
to the BALCO scandal was sent Feb. 1 by Mitchell, the former Senate majority leader who is leading baseball's steroids inquiry.
The letter, the San Francisco Chronicle reported Sunday on it Web
site, was accompanied by medical waiver forms that, if signed,
would allow investigators to view Bonds' and other players medical
Members of Congress have told Mitchell they might intervene if
baseball's own investigation is hampered by lack of player
Rains told ESPN.com that he hasn't heard back from Mitchell.
"My letter went out two weeks ago," Rains said. "So I have not heard back from him. I would think as a lawyer and as a very smart lawyer that Mr. Mitchell would understand the position I take. And I think he would have to appreciate the fact that I have supported my position with documentation," Rains said.
Bonds reportedly told the BALCO grand jury he thought his personal trainer, Greg Anderson, had
given him flaxseed oil and arthritic balm, rather than the BALCO
steroids known as "The Clear" and "The Cream." A federal grand
jury is investigating him for possible perjury and obstruction of
Baseball Commissioner Bud Selig ordered baseball's investigation
in March 2006.
While he has never been charged, suspicion continues to dog
Bonds, who will enter the season 22 home runs short of breaking
Hank Aaron's career record of 755.
Rains told ESPN.com that he wouldn't be doing his job if he let Bonds cooperate while there was a chance he could be indicted in another case.
"I want them to leave Barry alone for the first time in a half of decade. That is all I want. But I can't get them to even tell me whether they're continuing to screw with him when I know damn well they are," Rains said.
Mike Fish is an investigative reporter for ESPN.com. The Associated Press contributed to this report.