BALCO Lawyer Sent to Jail for Leak
He Gets 2 1/2 Years For Leaking Giambi & Bonds Grand Jury Testimony
Jul 13, 2007
An attorney who admitted leaking the confidential grand jury testimony of Barry Bonds, Jason Giambi and Gary Sheffield in the BALCO case was sentenced recently to two and a half years in prison.
Attorney Troy Ellerman pleaded guilty in February, 2007 to allowing a San Francisco Chronicle reporter to view confidential transcripts of testimony taken in the BALCO steroids investigation. In the leaked testimony, Jason Giambi admitted taking steroids while Gary Sheffield and Barry Bonds testified that if they took steroids that were provided by BALCO, they did so unknowingly.
After the Chronicle published the players' testimony, which was legally required to be held confidential, the judge in the case recommended that the Justice Department conduct a leak investigation.
Initially, Mr. Ellerman blamed federal investigators for leaking the testimony. He also lied to a judge about not knowing the source of the leaks.
During a hearing earlier this week, Bonds's attorney told the judge that he has evidence of additional leaks, but the prosecuting attorney told the judge that the government's investigation into the leak concluded with Ellerman's conviction.
"We do not believe that there is any other source," the prosecutor said. "We have no specific evidence that someone else leaked grand jury transcripts."
Ellerman Represented BALCO Chief Victor Conte
Ellerman was a successful Sacramento attorney when Victor Conte, founder of the Bay Area Laboratory Co-Operative, known as BALCO, hired him following a 2003 raid of the company's nutritional supplements lab by federal agents.
Ellerman later served as the attorney for BALCO vice president, James Valente. While representing Valente, he allowed reporter Mark Fainaru-Wada to view the players' grand jury testimony. The leaked testimony was featured prominently in Fainaru-Wada's book co-written with Lance Williams called "Game of Shadows," which recounts the alleged steroid use of Bonds, who is currently five home runs away from breaking Hank Aaron's MLB career home run record.
Ellerman Blames Leak on Cocaine Abuse
A friend and former private investigator in Ellerman's law firm turned him in to authorities after they had a falling out. Ellerman said the pressures of the high-profile case coupled with alcohol and cocaine abuse were major factors in him allowing the reporter to view the transcripts.
"I did not do this seeking publicity," he told the judge. He said trying to cover his tracks "took on a life of its own."
He pleaded guilty to four felony counts of obstruction of justice and related charges, and federal prosecutors dropped all charges against the two reporters who had faced up to 18 months in prison for refusing to divulge the source of the leak.
