Listen to Episode

Read Episode Transcript

The Long Beach Office of the Company Comprehensive Drug Testing doesn't get a lot of drop in visitors. But on a cool day of April 2004, a group of 11 appears and they're armed. Special Agent Jeff Niewitsky leads the charge. Everyone remain where you are. We're federal agents and I have a search warrant to collect the urine samples and test results for these 10 Major League Baseball players. Agent Niewitsky hands over the list. Gary Sheffield, Jason Gianbi, Barry Bonds, forget at Agent Niewitsky. You have no right to seize any of our samples or our data. I think I do. We subpoenaed them months ago. And if you don't hand them over, I'll be shutting you down today. Now we made a deal with the federal prosecutors yesterday. They agreed to delay the subpoenas as long as we agreed to preserve the samples and the data. So thanks for stopping by. Yeah, except I went before a judge this morning and he gave me the search warrant. I'll have to call our corporate headquarters. No problem. We'll wait. Jeff Niewitsky is used to waiting. He's been in a legal tug of war with the owners and the players union for months. At the center of it is comprehensive drug. The company Major League Baseball uses to drug test their players. He wants the results for all the players for 2003. The first year of baseball's new more rigorous testing program. There's only one problem. The owners have vowed to fight it all the way to the Supreme Court. So Niewitsky files another subpoena limited to the 10 players connected to Balco. If he gets those samples, he can bring down Balco's founder, Viktor Kante. When the union files a motion to quash that subpoena as well, the government makes a deal. They'll agree to let the matter resolve in the courts as long as the samples are preserved. Niewitsky doesn't like that deal, so he makes an end run around it. First thing this morning, he went before a judge and convinced him that the samples are in danger of being destroyed and got his search warrant for the Balco 10. After a series of frantic calls between the lab and their lawyers, the company finally hands over the test results for the Balco 10. But by then, one of Niewitsky's agents has discovered a master list on the company's computers. It contains the drug test records of every major league baseball player. Niewitsky sees us the data. It's a huge victory for him. He walked in demanding test results for 10 players and walked out with records for 1100. But the war of the urine samples isn't over. Three district court judges are appalled at Niewitsky's maneuver. They instruct him to return the evidence untouched. Even the judge who oversaw the prosecution of Viktor Kante on the Balco case blasted Niewitsky for his callous disregard of constitutional rights. Niewitsky disregards the judges orders. He's gambling that he'll win on appeal and vows to fight it out in court. Little does he know that it's a battle that will go on for six years. Okay, the kids are already asking what's for dinner, but breaking news, empty fridge. That's okay, I'll instant cart. Let's add some organic asparagus and some farm fresh chicken. Easy. Wait, is the oldest vegetarian this week or was it gluten free? Gluten free pasta. Covered either way, cart it. And finally, some vegetarian gluten free olives from my well earned cocktail. When your family shopping list has more footnotes than groceries, the world is your cart. Visit Instacart.com or download the app and get free delivery on your first order. Offer valid for limited time, minimum order $10. Delivery subject to availability. Additional terms apply. Lots of people don't know it, but autumn is an ideal time to plant. Shorter days and cooler nights create ideal conditions for the plants to get established. If you're looking to spruce up your home, proven winners color choice shrubs has an amazing selection of flowering shrubs and evergreens for planting in gardens and landscapes. With around 320 different proprietary varieties, including classics limelight hydrangea and little Henry sweet spire, all of their shrubs are trialed and tested for eight to ten years to ensure they outperform anything else on the market. Look for proven winners color choice shrubs in the distinctive white containers at your local garden center. Learn more and find a local retailer at proven winners color choice dot com slash wundry. That's proven winners color choice dot com slash wundry. From wundry, I'm Lindsey Graham and this is American scan. This is the final episode of our five part series on a scandal that rocked the sports world to the core. This is episode five winners and losers. In our previous episode, federal agent Jeff Niewitski and the US anti doping agency discover they're both investigating Balco, a company that's been supplying elite athletes with illegal performance enhancing drugs. The feds convened a grand jury and a parade of top athletes gave confidential testimony. Some admitted to using ban substances, but the most famous witness, Barry Bonds, insisted he'd never knowingly used steroids. Initially, the feds refused to share the testimony with us a DA, but after a protracted battle, they got the testimony and have been banning Olympic athletes from future games and stripping them of past metals. It's a spring of 2004, an IRS special agent Jeff Niewitski is honor role. It took a little maneuvering, but he finally got the samples and test results he was after. That takes care of baseball players. Now he's going after Olympic gold medalist, Marion Jones. He's certain she used performance enhancing drugs to become the fastest woman in the world. The US anti doping agency has her under a microscope as well, both her ex husband and her current boyfriend are juicers and her coach has been identified as a steroid supplier. Her denials are getting harder to believe, but Marion Jones didn't get to be the fastest woman in the world by being a shrinking violet. She knows she's under scrutiny, so she brings in the big guns. She gets the same crisis PR company Bill Clinton used during the Monarch Illuminesse scandal, and then she hires a team of high powered lawyers. First, she threatens to sue the US anti doping agency if they try to stop her from competing in the 2004 Athens Olympics. Then, on May 24th, she and her lawyers fly to Colorado Springs for a tense, three hour meeting at USADA headquarters. She denounces USADA as a kangaroo court and implores the Senate to hold hearings on whether she should be allowed to participate in the upcoming Olympics. A few days later, she claims she's passed private lie detector test. Terry Madden, USADA CEO, is in a tough spot. He worries that without a solid case against her, Jones and her team of lawyers will crush them. But if she's allowed to compete in the Olympics and wins, it will look like the agency failed to do their job. Jones Full Court Press works. Madden and USADA let her compete. For Novitsky, it's a setback. But a month later, he gets good news. Tiny Tim Montgomery, the world's fastest man, and Marion Jones's current boyfriend, is stopped short when the San Francisco Chronicle publishes excerpts from his secret grand jury testimony, admitting that he used, as he put it, enough drugs to get me banned from the Olympics for life. Naturally, the story generates tremendous interest, especially from the US Attorney's Office. They promise the athletes that their grand jury testimony would be secret. They want to know where the Chronicle reporters are getting the transcripts. They demand that all materials related to grand jury testimony be returned. The reporters refuse. Jones, meanwhile, continues to try to stay above the fray. She's done it before. When her ex husband, CJ Hunter, failed a drug test before the 2000 Olympics, she professed to be shocked by the news, and unaware he was juicy. On July 8, 2004, she releases a glossy autobiography called Life in the Fast Lane. In it, she again insists she's never used performance enhancing drugs. And she details the pain and heartbreak of discovering her ex husband had lied to her about his drug use. The book proves to be the break Nabitsky is looking for. A few days later, he's in North Carolina, in the living room of her ex, CJ Hunter. Would you like some more sweet tea, agent Nabitsky? Sure, CJ, but I assume you didn't invite me here for a tea party. No. I invited you here to talk about Marion. When we got divorced, we both signed an NDA, said we wouldn't say anything negative about each other in public. Okay. Have you read her book? She says I'm a liar and a cheater. Yeah, I've read it. She's the one who's lying, saying she never used any drugs. I injected her with steroids, and she tries to act all pure and innocent and makes me out to be a monster. Hunter hands Nabitsky a glossy book with a heroically posed Marion Jones on the cover. Read this right here. Second paragraph. It bothered me that CJ never apologized for causing me extra pressure at the Olympics. What a loadable. I apologize on national television for Christ's eggs. Yeah, that's got to sting. Well, I'm about to sting back. Jeff Nabitsky leaves North Carolina with a detailed first hand account of Marion Jones's dopant. Hunter tells him what drugs she used, where and how she got them and when she took them. A few weeks later, Jones competes in the Olympic trials, but the stress of defending herself has taken its toll. She fails to qualify in the 100 meters, which is her best event. The only event she qualifies for is the Long Jo. When the games begin in August, Jones comes in fifth in the Long Jo and botches a baton handoff in her relabric. Between her poor performances, all the bad press, her career will soon be over. While Agent Nabitsky continues to pursue the Balco case through the legal system, the leaks keep coming. The case is tried in the court of public opinion. The San Francisco Chronicle breaks the story of CJ Hunter's accusations about Marion Jones. They follow that with a transcript of a secret recording of Greg Anderson, where he admits giving steroids to Barry Bonds. In early December, they published excerpts from Jason Gianbi's grand jury testimony, detailing his use of human growth hormone. Conti's lawyers have already claimed his right to affair trials being compromised by misconduct in proper searches and what they insist is a deliberate series of government leaks. Now, with even more leaks, it might appear they're right. But Conti has kneecapped his own defense team. Over his lawyer's strenuous objections, he's done an interview on 2020. He named 11 athletes he sold drugs to and declared that all sports at the elite level is a fraud. The Balco prosecutors are also concerned about the leaks. The grand jury proceedings were supposed to be secret. The Chronicle reporters and consultants on this series, Mark Fainter Rewada and Lance Williams, have steadfastly refused to reveal their source. Now a judge instructs the Justice Department to track down the leaker and take appropriate action. So, who is the leaker? The prosecutor's suspect it could be Conti. By showing that the players are guilty, he could take some of the heat off himself. On January 5, 2005, the FBI raids Conti's home, but they come up with nothing. Other suggests it's Jeff Nvitsky. After all, he's hell bent on bringing down the players by any means possible. He may even have tipped off the press during the original raid on Balco, as there was a news chopper overhead as soon as the raid began. But no one has been able to pin that on Nvitsky. All the while, the pressure on Major League Baseball is building. Management has recently announced a new testing policy, but has been roundly criticized as weak. Senator McCain and President Bush, both vow that if the owners don't take concrete steps to clean up the leaks act, the government will do it for them. In February 2005, an insider comes forward with a firsthand account. Jose Konseko releases a tell all memoir entitled Juiced, Wild Times, Rampant Roids, Smash Hits, and How Baseball Got Big. In it, he describes injecting steroids with Mark McGuire. But McGuire isn't the only one he mentions. In fact, he writes, the challenge is not to find a top player who has used steroids, the challenge is to find a top player who hasn't. It's possible that Barry Bonds might have felt vindicated to finally see his home run nemesis McGuire exposed as a juicer, but he's got problems of his own. On March 17th, an unusual witness testifies before the grand jury. She's not an athlete, and she has nothing to do with Balco. What she is is Barry Bonds former mistress, and Bonds and his lawyers are very, very nervous about her testimony. Kimberly Bell met Barry Bonds in 1994, when a friend took her to a Giants game. Her friend knew some of the players, and as soon as Bonds saw Balco, he declared she's going to be mine. Balco was a graphic designer, 24, very pretty, with clear olive skin and little interest in baseball. But Bonds pursued her. He made sure she was invited to a 4th of July barbecue. He chatted her up, and offered her to take her for a ride in his new Porsche. Instead of once around the block, he blasted down the freeway at 100 miles per hour. Their affair took off at high speed as well, but Bonds needed to keep it on the down low. He was in the midst of a bitter divorce, and didn't want his wife's lawyers to have anything to use against him. Still, Bell traveled with him to games, and they vacationed together after his divorce was finalized. Bonds insisted they had the perfect relationship. Bell wasn't so sure, especially on a day in 1997, when Bonds proposed marriage to someone else. Bonds claimed that nothing would change between them, reminding Bonds she'd always said she liked her independence. He claimed he needed to be married, or as X would get sole custody of their kids. They could still keep up their affair like nothing had changed. But things did change, in very disturbing ways. His head got larger. His back broke out in acne. His temper flared. He became jealous and controlling. She claimed he asked her to move to Arizona, and said he'd buy her a house. She quit her job and moved, but Bonds rarely came through with the mortgage payments he promised, and he became more controlling and menacing. A few times, he left death threats on her answering machine. She kept the tapes. Finally, in May 2003, after she says he put his hand around her throat and threatened to kill her, Kimberly Bell had enough. Shortly after the Balco raid, Bonds lawyers offered to buy her silence for $20,000. She turned them down. It's not enough for what she's been through. A few months later, when she hears that a grand jury has been convened, she is ready and willing to talk. Unfortunately, no one wants to listen. She email send her a McCain, but never gets a reply. Finally, she contacts Heraldo Rivera, whose producers are very interested in what she has to say and welcome her onto his show. In addition to her litany of complaints about Bonds abuse and empty promises, she also drops a bomb. She says he was using steroids. Back in Northern California, Asian Jeff Niewitsky is watching when the show airs. A few days later, he shows up at Bell's house. Dumpster diving and scorned axes. Sometimes Niewitsky feels like he's working for a supermarket tabloid instead of the IRS, but he'll take his breaks wherever he gets them. This one is big. Kimberly Bell is going to help Jeff Niewitsky bring down the mighty Barry Bonds. Hi, this is famous Formula One driver, Will Arnett. Join me in comedian, Mika Hakenen on our new Formula One radio program, The Fast and Loosed Post Show. Live on AMP every race Sunday. Download the AMP app today and follow AMP Presents F1 to join the show. The best weddings are always filled with unforgettable moments and personal thoughtful touches. Like my friend Cecilie's wedding where the groom tossed the bouquet. For any kind of wedding you want, there's one place to start. Zola has everything you need, all in one place. They've thought of everything. Venues, invites, registry, and more, and they'll be with you every step of your wedding planning journey. Whatever your style or budget, Zola has you covered with venues, photographers, florists, and more to make your wedding happen. Once you've set the date, you can send your safe the dates and invitations right on Zola too. There's so many great designs to choose from and you can get a matching wedding website for free. Wedding planning shouldn't take over your life and Zola has thought of everything. So you can plan the celebration that's right for the two of you. Start planning the wedding you want at Zola.com. That's ZOLA.com. March 17th, 2005 is a chilly day in San Francisco, but Barry Bonds is about to get roasted. It's the day Kimberly Bell goes before the Balco Grand jury. The jury's focus and their questions are quite different from what they've asked the witnesses so far. They're looking for evidence that Bonds committed perjury when he said he never used performance enhancing drugs. So they're interested in anything Bell knows about his use of steroids, including any physical evidence she might have observed. That's where things get weird. First they question her about the size of Bonds head. She confirms that it did seem like his head had grown, which is a sign of human growth hormone abuse. Then they ask about a lower part of his anatomy. Another sign of steroid use is shrinking testicles. One of the jurors brings up an interview where Bonds was quoted as saying, I can tell you my testicles are the same size. They have in shrunk, they're the same and work just the same as they always have. Ms. Bell begs to differ. To add to the insult three days later, the San Francisco Chronicle strikes again. They run a story about Bell with details of her testimony. The fact that Bonds only offered $20,000 to buy her silence is especially galling to fans. Bonds is being paid $17 million per year. Each and every day he earns $20,000 by noon. Things are not looking good for Barry Bonds. And they're looking even more grim for Balco founder Victor Conti. Again and again, he has been identified as the supplier of performance enhancing drugs to elite athletes. Politicians, fans and the owners are all looking for a scapegoat and Conti fits the bill. Finally, in July of 2005, the U.S. Attorney's Office announces they've reached a plea agreement. It's been almost two years since the grand jury was convened to investigate the use of performance enhancing drugs in sports. Given the mountain of evidence, the plea agreement is not what anyone expected. Forty of the 42 counts will be dropped. Conti will serve just four months in a minimum security prison. Bonds trainer Greg Anderson, who would refuse to testify against any of his clients, will serve three months. Jim Valente, Bacco's vice president and Steroid dealer Remnikor Chemnie will not serve any time. Most surprisingly, none of them will be required to testify against each other, their suppliers or their clients. A jubilant Conti refers to his sentence as, the wrist slap heard round the world. Sports fans across America want to know, what the hell happened? Some people speculate that as a former Major League Baseball team owner, President Bush wanted to give baseball a break. But there may have been problems with Novitsky's case. Despite his meticulous nature, he's accused of making mistakes. Conti insists he was never read his right when they raided his office. In Iran, white, the undercover agent has accused Novitsky of being biased and overstepping his bounds. Even if they throw the book at Conti, it's a light read. The penalties for Steroid dealing are far less stringent than for drugs like crack cocaine. The most they could hope for is a sentence of one year. If nothing else though, Novitsky has shown the world how pervasive doping is in sports. And dozens of athletes have insanctioned and had medals or records revoked. But Barry Barnes is not among them. That pisses Jeff Novitsky off. He spent all those nights rooting through the Balco dumpster. He found evidence directly connecting Barnes to Balco. Victor Conti even bragged the Barnes was one of his clients. But Barnes is still playing for the Giants and on track to break Hank Aaron's home run record. The Giants position is that Barnes has never failed a drug test and he's being unfairly dog by rumors and in Uendo. Besides, Barnes is drawing crowds, even if they taunt him with chance. But the game's not over for Novitsky. He knows Barnes lied in his grand jury testimony. Kimberly Bell and the other players have confirmed it. He vows to nail Barnes for perjury. He also goes after Rogue, Kammes, Patrick Arnold, who supplies Conti with designer steroids. On September 29th, the Fed's raid is lab. By November of 2005, Novitsky has much to be thankful for. At the beginning of the month, Patrick Arnold is indicted on steroid conspiracy charges. On the 15th, bowing to congressional pressure, baseball revamps their drug testing policy. And on the 30th, Conti and Greg Anderson both had to prison. And as Christmas approaches, Tim Montgomery gets a lump of coal in his stock. He's banned from competition for two years and all of his records after March 31st, 2001 are expunged. He's gone from the fastest man on the planet to the most disgrace runner in the world. A few months later, in March of 2006, Mark Fainer, Uwada and Lance Williams, the two chronicle reporters who have delivered scoop after scoop, published Game of Shadows. It's a highly detailed account of the Boko case, full of explosive accusations documenting steroid use by Barry Bonds, Tim Montgomery, Marion Jones, and a host of other elite athletes. The book makes Conti famous just as he's about to get out of jail. Finally, he's a household name, not the way he imagined, but Conti still believes in positive thinking. For Conti, the game's not over. When the 2006 baseball season begins, Barry Bonds needs just seven home runs to beat Babe Ruth's record. That would put him in second place behind Hank Aaron. The fans are not in his corner, though. At the Giants away games, Conti bonds is the new sport. They chant steroids and cheater when he steps up to the plate. One fan even dresses up as a Giants syringe. The Giants try to pretend it's business as usual, but clearly it is not. Bonds assault on the record should be a monumentally promotable event. Instead, it's almost an embarrassment. The bonds isn't slowing down. He's 41 and playing with a knee injury, but he's as determined as ever. Jeff Niewicki is determined to. He'd love to bring bonds down before he breaks the record. The feds continue to call witnesses in their perjury inquiry, including Bonds personal physician and the Giants team trainer. They also subpoena Greg Anderson, who is out of prison and serving house arrest. Anderson's response is a resounding middle finger. He would be easy for him to testify before the grand jury, sell out Barry Bonds, and walk away. But he refuses and returns to jail, charged with contempt of court. Meanwhile, the feds have finally gotten serious about all those athletes who have admitted to the grand jury that they used illegal drugs. They're going after. The journalists who reported on the leak testimony. On May 6th, the Justice Department issued subpoenas to Fair New Wada, Williams, and the Chronicle. The feds want the reporters to betray their confidential sources. It sets off alarm bells about freedom of the press. The debate and the legal wrangling will continue for months. On July 20th, the grand jury expires and Greg Anderson is released from prison for a minute. The US attorney immediately passes the bonds per jury case onto a new grand jury. Greg Anderson, federal agents, can we talk to you for a minute? Oh God, what do you want now? Take a guess. You got to be kidding me. You want to go home, right? Agreed to testify against Barry Bonds. Greg Anderson has been here before, and he knows what's at stake. If he rats out bonds, he can go back to life as normal, the woman he loves, his 12 year old son, and his life as a trainer. The decision should be a no brainer. So where do you want to go, Greg? Your house or the big house? Anderson may not have the money or famed that Bond says, but he does have a moral code. If Greg Anderson gives his word, he sticks by it. You guys are pathetic. Bond was his client. He's not giving him up. Anderson goes back to jail. Again. And it looks like Anderson might have some company in September of 2006, a judge rules that if the Chronicle reporters don't reveal their sources, they'll be sentenced to 18 months in prison. Journalists from around the country rally to support them. House Speaker and Nancy Pelosi and other politicians from both sides of the aisle urged the attorney general to drop the charges, but he refuses. The reporters also refuse to give up their source. Now they have to face the wrenching task of explaining to their children why the decision to keep their word will send them to jail. The reaction from fans is strangely mixed. Some law the reporters for bringing out the truth about how prevalent dopeing is in sports. But others, especially giants fans, are hostile and even threatening. November 1, 2006 is a day that proves that no good deed goes unpunished. Trevor Graham, the track coach who sent the syringe containing compound X to US ADA, is indicted for lying to federal agents. The truth is Graham sent that syringe to get revenge on Victor Conti, so it wasn't exactly a good deed. But it did provide a crucial break in the BALCO case. He thought that would earn him some good will from the prosecutors, but no such luck. He's been accused of lying to investigators about his relationship with a Mexican drug supplier, and that supplier has agreed to testify against him. On Valentine's Day in 2007, another bombshell is dropped. The subpoenas for the reporters are withdrawn. The informant has agreed to come forward and identify himself, and the informant is someone nobody ever suspected. A former rodeo cowboy turned lawyer, the man who reluctantly took the BALCO case even though he thought Victor Conti was a little bit nuts. The source is defense attorney Troy Elliman. It's puzzling behavior for a lawyer, leaking the testimony didn't help the case, but perhaps it wasn't the attorney in Elliman who did it. Maybe it was the cowboy, who believed in fair play, personal responsibility, and living by a moral code. What he says to the press is this. You read the indictment, and every one of the player's names is scrubbed out. To say you were cleaning up baseball in one hand and give them a pass and wipe their name from the indictment on the other hand, I strongly believe that that was hypocrisy. Elliman is disbarred and sentenced to 13 months in prison. In a world wide doping scandal involving scores of athletes and tens of millions of dollars, the harshest punishment went to a man who followed his conscience. For Niewitski, it's bittersweet. He's a law enforcement officer and the law is the law. But without Elliman leaking the transcripts, the world wouldn't know the extent to which sports is dirty. Who knows if Kimberly Bell would have come forward with her damning testimony about bonds of the case hadn't blown up in the media, and Congress may not have been so eager to take action either. But the case isn't over yet. Despite all the evidence against him, Barry Bond hasn't been charged with anything. He's still playing baseball and on track to become the home run king. Jeff Niewitski is still determined to knock him off his throne. What if your family was the victim of a home invasion, or you woke up in the morgue, or you were seriously injured miles from help? What would you do? This is actually happening, asks our listeners this very question, while we bring you captivating real life stories of trauma and perseverance. This is actually happening brings listeners extraordinary true stories from the people who lived them. You'll hear stories about conflict, turmoil, or threats that dramatically alter the course of someone's life. Each episode is an exploration of the human spirit and how survivors manage to overcome hardship and move on with their lives, even thriving afterward. The new season of this is actually happening is available ad free only with Wondry Plus, and if this new season isn't enough, you can listen to more than 120 exclusive episodes available only to Wondry Plus subscribers. Join Wondry Plus on Apple Podcasts or on the Wondry app. On August 7th, 2007, more than 40,000 Giants fans pack AT&T Park. Barry Bonds has hit 755 home runs. Tonight, he could break Hank Aaron's all time home run record. It's one of the most hallowed records in sports. A player needs averaged 30 home runs a season for 25 straight seasons. In the fifth inning, Mike Bassack of the Washington Nationals throws a fastball with the crack of a bat history as made. Bassack's three two again. This is going to hot flyball right so field. Back it goes. Racing back, Logan jumping up on that ball is gone. And on the night of August 7th, 2007 in San Francisco, California, Barry Lamar Bonds has hit more home runs than any major leagueer in the history of baseball. Bonds has hit his 756th home run, breaking Hank Aaron's record. There are streamers, skyrockets and screening fans, but not everyone is happy. Most of his teammates stay in the dugout rather than race onto the field to congratulate him. The media immediately refers to it as a tainted record. On September 5th, Bonds hits his 760 second home run. It will be his last one. He places final game on September 26th, 2007. He's broken all the records. Now, he's fighting to keep the asterisks away. But the feds are a formidable adversary. On November 15th, the grand jury returns an indictment against Bonds. He's charged with four counts of perjury and one count of obstruction of justice for lying about his steroid use in 2003. The White House calls it a sad day in baseball. The only good news is that Bonds former trainer Greg Anderson is finally released from prison. Altogether, he spent a year behind bars. In December, Bonds pleads not guilty, and the battle of the lawyers begins. Bonds can afford the best, but the feds have plenty of heavy artillery too. Bonds lawyers file a motion to dismiss the charges. The feds hit back with 15 more counts of lying and obstructing justice. May 2008 marks the start of Trevor Graham's perjury trial, and a lot of athletes are very nervous. Conti, still ceasing any opportunity to get his name in the papers, declares, I think the trial is going to be more explosive than people have anticipated, because so many additional names are going to crop up. I think it's going to be devastating for the sport of track and field. Conti's expectations turn out to be overblown. But so do the governments. Their star witness is a Mexican drug dealer who claimed he sold steroids to Graham. His testimony is contradictory, and his handwriting on FedEx packages the government claims were used to ship drugs to Graham don't match other samples. In the end, the jury convicts Graham on one charge of lying to investigators and deadlocks on the other two. The jury foreman found the government's case troubling. In an interview with reporters after the trial, he says he found the athletes testifying against Graham, unconvincing, and was especially gall that the government star witness was an admitted drug dealer. He tells the reporters the government was bound and determined to make an example of the defendant to achieve their goal. They felt it necessary to deal with a true devil. Another juror agrees. We all asked ourselves why are they going after this man when they have an admitted drug dealer on the witness stand? It's not the outcome of it's key and the feds had hoped for, but they still got the bonds case to pursue and they go after it with gusto. Herjury is a serious charge that could send bonds to jail for years. But in November, bonds lawyers score when a judge excludes three urine tests as evidence, ruling that they can't be tied to bonds without the testimony of Greg Anderson. And Anderson made it very clear he's not going to testify. Anderson has saved bonds yet again. In February of 2009, the War of the Urine Samples rages on on two fronts. First, bonds trials delayed when prosecutors challenged the judge's decision to exclude his urine samples seized during the Balko raid as evidence. And Novitsky is still fighting to keep the urine samples and test records he seized from comprehensive drug testing in 2004. The courts still haven't reached a final decision in its frustrate. The data he sees shows that 104 baseball players tested positive for steroids. He's got the evidence when he can't use it, but then there's a leak. On February 7th, someone tips off sports illustrated that one of the 104 players is one of the biggest names in baseball, Alex Rodriguez. At the end of July, the names of five other players are leaked, including Sammy Sosa. Some speculate that Novitsky could be the informant, but there's no evidence linking him to the leak. Whoever the leaker is, it's got to be gratifying for Novitsky to see the cheaters exposed after fighting for almost five years to be able to release their names. But in September, Novitsky loses the file round. The ninth circuit court rules that the seizure at comprehensive drug testing was unlawful. The samples are destroyed. The major leak baseball players who haven't been named, breathe a collective sigh of relief. Even so, Novitsky doesn't give up. He and the feds continue to throw fastballs, curveballs, and anything else they can at bonds. They file charges, bonds lawyers fight back, and get the charges dismissed, and trials delayed. The battle goes on until finally, in February of 2011, the feds file of five count indictment. Each count carries a sentence of up to 10 years if bonds is convicted. Greg Anderson again refuses to testify against bonds, and goes to jail for a fifth time. In the end, bonds has found guilty of just one count of obstruction of justice. The jury is unable to come to a verdict on the other count of making false statements. And on December 16th, Barry bonds his sentence to two years of probation, 250 hours of community service, and a $4,000 fine. It's now been 11 years, and 134 days since the raid on Boko. There have been three grand juries, scores of witnesses, hundreds of hours of testimony, and according to some estimates, over $50 million spent. And now, finally, the Boko saga is over. But neither side can claim victory, though both might try. Bonds didn't go to prison, but his name has become synonymous with cheating, and his records will forever be looked at with suspicion. Novitsky didn't get the convictions he'd hoped for, but he did help expose the shadowy world of sports doping. Cheaters have been named, medals and records have been revoked, and stronger testing procedures are finally in place. But sports doping is still going on. New, undetectable drugs are being developed as our new ways of thwarting tests, leaving authorities scrambling. Today, Novitsky is in charge of drug testing for the ultimate fighting championships, but he's still a controversial figure. He's been accused of going easy on UFC fighters who have failed drug tests. Marion Jones finally admitted to using performance enhancing drugs, and in 2011, she wrote another book called On the Right Track, from Olympic downfall to finding forgiveness and the strength to overcome and succeed. She was stripped of the five medals she won at the Sydney Olympics, and her world records have been revoked. But one man is still riding high, cruising in his Bentley and hawking his wares as loudly as ever, and that man is, of course, Victor Conti. He's working with boxers, and says he's cleaning up the sport. He's still marketing ZMA, and claims to be grossing a million dollars a month in sales. 40 years ago, when he was the basis for tower power, one of their hits was called We Came to Play. Looks like Victor Conti played everyone. From Wondering, this is episode five of six of BALCO for American Scandal. On the next episode, get an insider's perspective on what he was like to break the BALCO scandal. When I sit down with journalist Mark Fainer, Uwana, and Lance Williams, they risked 18 months in federal prison to protect their sources and report the truth. If you'd like to learn more about Doping and Sports in BALCO, we recommend a book Game of Shadows, Barry Bonds, BALCO, and the Steroid Scandal that rocked professional sports by Mark Fainer, Uwana, and Lance Williams. This episode contains reenactments and traumatized details, and while in most cases we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited, executed, produced, and sound designed by me Lindsey Graham for Airship, additional production assistance by Derek Barons. This episode is written by Steve Chivers, our consultants are Mark Fainer, Uwana, and Lance Williams. Execute producers are Stephanie Jens, Marsha Louis, and her nonlopes for Wondering. Hi grownups! Bedtime isn't always easy, and winding down after a busy day can feel almost impossible. But we're here to help. Introducing Story's podcast Sleep Series. All of your favorite stories, from classic fairy tales to modern myths, all read in a calm and soothing voice over dreamy soundscapes and gentle lullabies. Snuggle in and turn down the lights, and let us read the bedtime story so you can relax and unwind with your kids, with Story's podcast Sleep Series. Listen exclusively on Wondering Plus Kids and Apple Podcasts, or on Wondering Plus in the Wondering app. Stories podcast Sleep Series. Sucthing stories to help you sleep. Available exclusively on Wondering Plus Kids and Apple Podcasts, or on Wondering Plus in the Wondering app. Sweet dreams.