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Mike McCann, SI.com Legal Expert

Feb 16, 2011|

SI.com Legal Expert, Mike McCann, checks in to talk Barry Bonds, Roger Clemens and DJ Henry.

Transcript - will not be 100% accurate

Welcome back Dennis and Callahan -- -- -- -- attention this program with a course of a couple of years you're probably familiar with our next guest. Rusher Michael look at a state nationally recognized expert. -- sports law anti dressed and behavior law and economics. If you probably knows the legal analyst for Sports Illustrated also he's the co-founder of the project on law and mind sciences. Also teaches a sports law and analytics reading group at Yale Law School bowl -- what he does in the spare time -- he doesn't have any. Mr. McCann joins us on the AT&T outlined AT&T by the what's possible the nation's fastest mobile broadband network AT&T rethink possible. Good morning professor Mike McCann how are you are doing great -- -- good good what do you feel more compelled to talk about early here the DJ Henry case that is. Sort of unraveling I suppose the Barry Bonds situation. The collective bargaining agreement which -- republic I've blocks on the net but only choice now. It would take to bonds. We win one did that did the good guys seem like it if they admit that tape on bonds I know. He's won most of those minor rulings as a say a win for the prosecution. Yet carry pepper it is admitted it and it sounds like based on yesterday's ruling by judge Hilton will be. The people will show that Greg Anderson bonds' trainer told Steve Hoskins. Bonds is business manager that he was giving bonds steroids he's giving him the clear. But could still say well I didn't really know what it was. And when the question was asked to -- in a grand jury proceeding did you ever uses a steroid wasn't specified when -- steroid meant he could still argue that. Technically he didn't commit perjury even though he may have been using the clear -- seems based on that the admissibility of the tape that he did it. But it's certainly the -- for the prizes for the prosecution. What does it mean to the prosecution or the entire case Michael that they reduced some of those charges in the indictment from nine to believe down to four was expected. It wasn't expected John in what it means it means a couple -- one is that. The prosecution is really trying to consolidate its argument against bonds that that the previous indictment was too loose -- too many. Ways of the dissent being able to argue against some of the claims and if they were to do that and the entire indictment could be seen as weak and other trying to focus on their strengths. It's a smart move -- -- on the prosecution's part to do that. He still faces the same amount of prison time if he's convicted -- likely be sentenced assuming he's convicted. About your apps to an -- prison. A sense of how long this will take him I guess until you see a witness Lister or what the prosecution and the defense is planning we won't notice but this a week or two or just a month or two. I think will be a week I think you'll be in the ballpark of 48 business days and it will like trial. I I've heard about it yet I don't think it's gonna go -- really yeah. Unlike some I used to those big high profile trials that lasting for days -- as they plead guilty. It evident is that really how many witnesses they gonna call. We don't know the entire witness list yet Jerry but I I would imagine it will be over ten but I I have a feeling that many of the witnesses won't be on the stand very long. And that beat the judge's calendar doesn't allow for a very late to try and upper -- can be delayed. But here's another trial that -- has this certain practical considerations but the display. From what I can pellets in the ballpark of -- it isn't. And what is Greg Anderson today might. You wherever -- want these freeze and walked around walk around and he's not and then they can never send them back there minister can. They candidate and call him a call from groups testified he can reject. It will do position. But they wanna do that the judges is deciding whether or not to allow that to happen at the argument I think is that. If he's going to go to jail for a year what the point of doing them again. But he clearly unwilling there's no deterrent value here to putting him in jail just punishment. -- yeah so. What's the downside. -- -- -- that takes up a cell. But the duplicative penalty that minorities suffer the penalty win we know he's willing to either unwilling speak against former client no matter what. At this is just sort of running up the tab now I see the point that he's still doing something wrong arguably. But I I don't get the sense that he's gonna be doing agility. How does this go bonds way Michael what what would be the walk off Grand Slam win. No no conviction on any of count against -- and how does how does he make that happen based on what the prosecution. And the feds believe they have on this guy. I think he's -- argued consistently that he didn't understand the question that the questions were not specific and Andy has a little bit of a point here. There when he was in the grand jury proceedings went prosecutors -- and questions about what he was doing and he didn't specify what a steroid that. And he could argue look I was using a lot of stuff I didn't know specifically what I was using. And they trainer Greg Anderson told me just use the he didn't political there was a -- prison without it clearly what sisterhood. But he could also argue look at what what the federal crime. What to do what do indeed Justice Department considered -- steroids back when I was using the -- 2000 -- not necessarily true. That the clear was destroyed back. In terms of how was labeled them an argument technicality that either didn't know what he was doing. In terms of how it related to what he was being at the grand jury proceedings. Which doesn't fly with the jury of any -- with -- any kind of brains. Well I -- this control freak this incredible athlete his veteran who's been. You know taking great care of his body in his own way. Buildings muscle as you can say hey I didn't know I just took whatever they gave me that doesn't make any that doesn't pass the sniff test -- -- he could say. What what I was told is different polar I was actually taking but he was given an attempt missed description by. Greg Anderson as to what he was taking -- you know whether that's true I mean I can't. And a senior point Terry that -- -- unbelievable that an athlete of his stature. Would not know what's going into his body but he he is saying I would take a lot of stuff including practical oil and other things. But it was a mismatch and I -- it exactly and that's what was going in my system and a Greg Anderson didn't accurately portray what he was getting me. 'cause it was a secret because do you wanna get in trouble he has gonna create any kind -- And in this process could he willingly or unwillingly. -- trenor who was already done jail time for him under the -- and put him back in -- and I didn't know having but he was given a bad stuff like gas. Yet John I think he I think that's what will happen. You'll say oh man -- absolutely good you -- Anderson is the bad guy here. When's it start to try -- first thing first and we UB their front row center Mike. I may be I have to let -- reassigned right by teaching schedule but I may be either. Couldn't you'll you'll we wanna know what's happening in the courtroom it's one of those it is due to the -- yourself and and this is. Federal rights oh no no cameras ready. To. No indictments handed down in the -- DJ Henrik pays the parents wanna pursue this with some sort of federal investigation a -- private investigation of their own. What's the next put the fault in this process. -- -- the the federal. Justice Department now reviewing the evidence. That grand jury heard the speaker entering New York heard about the death of DJ Henry and whether or not officer has sort of been charged with murder. So now there's going to be a federal review process of the same evidence. That -- grand jury heard. Yeah I think the likelihood of the federal. Indictment. And -- the paneling and the grand jury I think is low. But I think the fact that the grand jury in New York. It's keeping quiet and it came up in your interview yesterday with with the father mr. Henry. That is it's not hard to get an indictment of 75% of cases in New York. Where there's a grand -- lead to an indictment. And you have to have twelve out of between sixteen and 23 grand jurors to agree that you can't get all the backed group. But he gonna get a group of twelve out of twelve in a trial jury probably not. To believe the terrorism murder. In this press over the lower that you need reasonable belief that the person committed murder murder as opposed to the ought to reasonable doubt there a lot of reasons spec that. If a grand jury is impaneled for four weeks. Hearing hearing -- eyewitnesses and broader piece of evidence. And hearing of -- in day or Monday to Friday in it at the end that they don't believe there's a murder. It's going to be tough now and I heard mr. Henry yesterday that. Well the grand jury the prosecution runs these cases and that's true and that -- in if there is some type of abuse in terms of how they did at the federal government or -- it. Do you do you buy into the fact the potential that this is their own investigating their own. And -- it couldn't be fair from the get go. You know job. -- that is true -- whenever this happens that this is not this is not a novel issue right come up before. And then we believe that the district attorney's office and in each district attorney do you Fiore. For everything -- together as a world respect district attorney to not somebody with great controversy has been doing it for five years she's a former judge. She's a former prosecutor she's somebody with expertise criminal elder law. It was but somebody who we would suspect -- trying to railroad. Case and it just won't we we defer to them and and hope that they're gonna do an objective job. Analyst evidence comes out that there they were somehow incapable. Of investigating. A police officer in their own jurisdiction. I think we just have to believe that what they did was the best they could. And in this day and age if someone is trying to railroad a case would discovery in transparency. Jump up and bite him in the rear end. 99 out of a hundred times. I think so I I think and and it at a time like this that we would expect. The derby some accountability now to give mr. -- argument he could say well printer proceedings are notoriously secretive and we don't get. The same inside as a -- -- -- as we do a trial and that that it would be more likely to happen indicate like this and it'd been awarded a regular trial but still. Collect evidence comes forward this on how that happened I just don't camping. I'm back to back to -- -- the -- -- ago Mike wends its schedule for Roger Clemens for and you'll and you'll be covering that he can't wait but. That what is rocket had gone trial. Or early August will be going to neutrality in a dejected after court in Washington. And -- -- that they will be as big government is against Clement is much confidence as we get. -- operation but this does bonds does the outcome of that trial. Have any bearing on -- trial. It shouldn't take it shouldn't because the sources of evidence are gonna be different and requirements. McNamee will be the key personnel also independent. Right McNamee. Unlike Greg Anderson mega millions Willie -- will have to. As the -- against his former boss or Michael final question for me and it's healed over the do with a CBA because of cut -- until Logan Mankins situation. The National Football League players association says there with would know CBA and plays. There cannot be a franchise tag if you franchise our players they want to litigate we will do so. Davis they have franchise Mankins I assume based on his attitude he's going to want the players association to litigate. Do they have ground to stand on with no contract in place. It -- the NFL it would have to to certify the union. Port to pursue any of these claims that once they do that. And there's no collective bargaining agreement between the players and the owners and at that point all of these rules -- mortgages franchise tag including. The draft itself including all free agency minute -- those hours. All of looking to become subject to federal antitrust law. And most of them would be found illegal under federal antitrust look at -- inherently an -- and a competitive this is. -- you will get us he's getting the players association go the the certification if it weren't. We will -- a long long labor dispute. He is professor Michael academy is the legal analyst for Sports Illustrated Michael always a pleasure talking -- thanks for the information talk you down the road every. AT&T outlined by the what's possible. The nation's fastest mobile broadband network AT&T. Rethink possible.

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