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BALCO Case May Avert a Trial

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From Times Wire Services

Three of the four defendants in the BALCO case, including founder Victor Conte and Barry Bonds’ personal trainer, pleaded guilty to pared-down charges Friday in U.S. District Court, moving the explosive case toward conclusion without a trial.

Conte pleaded guilty to one count each of money laundering and steroid distribution, telling U.S. District Judge Susan Illston: “I agreed with others to distribute steroids. I knew at the time that steroid distribution was an unlawful activity.”

The deal that Conte, trainer Greg Anderson and BALCO vice president James Valente reached with federal prosecutors apparently means that Bonds, Jason Giambi, Marion Jones, Tim Montgomery and other top athletes will not have to testify in open court about alleged drug use. The fourth defendant, track coach Remi Korchemny, also was believed to have reached a deal with prosecutors, but delayed accepting any agreement.

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U.S. District Judge Susan Illston will decide whether to accept the pleas at a hearing Oct. 18.

Since it broke nearly two years ago, the case involving an obscure Bay Area supplement lab has cascaded through U.S. sports, linking world-class track stars and Hall of Fame-caliber ballplayers to alleged steroid use and stirring outrage from fans and lawmakers alike.

“This investigation has helped reveal how the use of anabolic steroids and performance-enhancing drugs can be surprisingly dangerous and harmful,” U.S. Attorney Kevin Ryan said in a statement.

Conte was charged with illegally distributing performance-enhancing drugs to more than 30 baseball, football and track and field stars. He faced a maximum of 20 years in prison for the money laundering charge and five years for the conspiracy charge. If the judge accepts the deal, he will spend four months in prison and four months on house arrest.

Anderson pleaded guilty to the same charges in exchange for a sentence of up to six months. When Illston asked him if he had distributed steroids to athletes, he replied: “Yes.”

Valente pleaded guilty to one count of distributing illegal steroids and is expected to receive two years’ probation. In exchange, prosecutors agreed to drop dozens of counts against Conte, Anderson and Valente.

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Anderson declined to speak with reporters afterward. His attorney, Anna Ling, declined to address the question of whether Anderson gave Bonds steroids.

Conte, Valente and Anderson admitted that they distributed about a half dozen drugs, some known as the “clear,” the “cream” and THG. Some were taken orally, others injected or rubbed into the skin.

Earlier this year, Major League Baseball toughened its drug-testing policy, mandating suspensions for initial violations. Congress also threatened to implement a federal drug-testing policy for the NFL, NBA, NHL and the major leagues, with a two-year ban for a first offense and a lifetime ban for a second violation.

Some of the biggest names in sports -- including baseball stars Bonds and Giambi -- have been under a cloud of suspicion based on BALCO grand jury transcripts that were leaked to the San Francisco Chronicle, as well as public accusations against Olympic star Jones by Conte and others.

Pleas by all four defendants would mean the athletes wouldn’t have to repeat their secret grand jury testimony in a public courtroom.

Korchemny’s attorney, George Walker, said outside of court that the government has agreed not to imprison his client if he pleads guilty to a single reduced charge of doling out steroids, but Korchemny is having trouble admitting guilt. “There are some areas of concern that my client cannot swear to,” Walker said.

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A federal agent wrote in court papers that, during the raid at BALCO headquarters, “Conte openly acknowledged giving testosterone-based cream, itself a steroid, to numerous professional athletes.”

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