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Taking the Clear – the star drug of the Bay Area Laboratory Co-Operative – was not a crime, according to expert testimony included in grand jury documents.

Not only was the performance-enhancing drug tetrahydrogestrinone (THG) not specifically banned when athletes squirted “The Clear” under their tongues to gain an edge, the testimony also indicates that the drug wasn’t categorized by the Justice Department as a steroid until January 2005, long after the drug laboratory had been shuttered.

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Evidence that the Clear was legal and technically not a steroid until the Anabolic Steroids Act of 2004 took effect in January 2005 could emerge as central to Bonds’ defense, experts say. Perjury questions must be unambiguous to win a conviction, and the testimony of Catlin and Novitzky could establish that the government knew about ambiguity concerning the Clear before Bonds took the stand.

Experts say prosecutors might have intentionally asked Bonds what they knew to be ambiguous questions – never defining steroids or making a distinction between drugs that were illegal or merely banned by many major sports.

“This case has been presented as Barry Bonds lying about steroids,” said Christopher Cannon, a San Francisco defense attorney with extensive experience in federal perjury cases. “The government’s theory is that he was taking the Clear. If the government knows the Clear wasn’t a steroid – then when Barry said he wasn’t taking a steroid, he was telling the truth.”

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“I don’t understand why the government would seek an indictment after obtaining Catlin’s expert testimony that the Clear was not a steroid,” Cannon said. “Why come up with an indictment based on an ambiguous definition?”

 

http://sports.yahoo.com/mlb/news;_ylt=AoL9mkKVabYvePbGxfiJqSZhOJB4?slug=li-clear011409&prov=yhoo&type=lgns