BALCO Timeline
In the spring of 2006, Mark Fainaru-Wada and Lance Williams, investigative journalists for the San Francisco Chronicle, were drawn into a legal standoff about confidential sources, a perennial point of conflict between the press and the government. In federal court, a judge threatened the men with jail for refusing to cooperate with an investigation. The following timeline traces the story.
October 2001
At the age of 37, San Francisco Giants star Barry Bonds hits his 71st home run of the season, breaking the single-season home run record. He would go on to finish with 73.
September 2002
Sprinter Tim Montgomery becomes known as the world's fastest man after running the 100-meter dash in 9.78 seconds.
September 2003
Federal agents raid a little-known nutritional supplements company just south of San Francisco, known as the Bay Area Laboratory Co-operative, or BALCO. Its owner, Victor Conte, boasts of his close relationship with well-known sports figures, including San Francisco Giants star Barry Bonds. Mark Fainaru-Wada is assigned to look into the story for the region's largest newspaper: the San Francisco Chronicle.
A federal grand jury begins investigating BALCO's alleged steroid dealing. Over the next few months, prosecutors interview dozens of BALCO clients -- among them, Bonds, fellow baseball all-star Jason Giambi, and Olympic gold medalist Tim Montgomery.
October 2003
Lance Williams, a long-time investigative journalist is asked to join Fainaru-Wada on the Chronicle's BALCO story.
January 20, 2004
President Bush surprises many by raising the issue of steroid use at his State of the Union address: "The use of performance-enhancing drugs like steroids in baseball, football, and other sports is dangerous and it sends the wrong message. So tonight, I call on team owners, union representatives, coaches, and players to take the lead, to send the right signal, to get tough, and to get rid of steroids now."
February 12, 2004
U.S. Attorney General John Ashcroft announces a 42-count indictment against Victor Conte, Greg Anderson (Bonds' trainer), and two other men on charges of conspiracy, money laundering and distribution of anabolic steroids to dozens of athletes.
June 24, 2004
In the San Francisco Chronicle, a front page article by Lance Williams and Mark Fainaru-Wada tells the story of Montgomery's admission of steroid use in the sprinter's grand jury testimony.
December 2004
The San Francisco Chronicle publishes stories containing grand jury testimony given by Jason Giambi and Barry Bonds as part of the BALCO investigation. In it, Giambi admits to steroid use while Bonds describes using products prosecutors believed to be steroids, though he maintains he did not know that they contained illegal drugs.
Less than two weeks later, union representatives meet with baseball owners to begin serious talks about cracking down on steroid use.
January 13, 2005
Major League Baseball and the Major League Baseball Players Association agree to adopt a tough new drug policy.
March 17, 2005
The House Government Reform Committee holds hearings on the abuse of steroids in baseball.
April 30, 2005
Lance Williams and Mark Fainaru-Wada are honored for their work on the BALCO story at the annual White House Correspondents Dinner. The reporters say President Bush tells them "You've done a service."
July 15, 2005
BALCO founder Victor Conte and Barry Bond's trainer Greg Anderson plead guilty to distributing steroids and money laundering.
March 23, 2006
Game of Shadows, a book by Williams and Fainaru-Wada based on their Chronicle series, is released by Gotham Books and becomes an instant best seller.
May 5, 2006
Lance Williams and Mark Fainaru-Wada are subpoenaed to testify before a federal grand jury about how they obtained the testimony of Bonds, Giambi, Montgomery and others.
May 31, 2006
The Chronicle files a motion to quash the subpoenas.
August 4, 2006
U.S. Judge Jeffrey White hears arguments from both sides on whether the government had overstepped its authority by ordering the reporters to reveal their source.
August 15, 2006
U.S. District Judge Jeffrey White declares that the government was well within its rights to compel the reporters to testify. The Chronicle appeals the ruling.
September 21, 2006
A federal judge pressures Williams and Fainaru-Wada to reveal their sources of the confidential grand jury testimony and says he'll sentence them to up to 18 months in prison if their appeal is unsuccessful. The reporters vow to protect their sources.
October 21, 2006
According to a report in the San Francisco Chronicle, the paper "has agreed to be held in contempt of court and could face fines of more than half a million dollars if a federal appeals court decides the newspaper must disclose its reporters' sources of information about grand jury testimony by Giants outfielder Barry Bonds and other star athletes about steroids."
February 14, 2007
The identity of the source of the illegally leaked grand jury testimony is revealed -- Troy Ellerman, one of the BALCO defense attorneys, files court documents admitting that he allowed Fainaru-Wada access to confidential grand jury transcripts. Larry McCormack, a former colleague of Ellerman who had also briefly worked as an investigator for the defense team on the BALCO case, tipped off the FBI and, while wearing a wire, caught Ellerman confessing his involvement. Federal authorities agree to drop their efforts to send Williams and Fainaru-Wada to prison.
May 2, 2007
The Free Flow of Information Act of 2007 is introduced in the House of Representatives by Rick Boucher, (D-VA), along with 47 co-sponsors including Mike Pence (R-IN), John Conyers (D-MI), Howard Coble (R-NC), John Yarmuth (D-KY) and Greg Walden (R-OR). An identical bill was also introduced in the Senate by Richard Lugar (R-IN) with 7 co-sponsors, including Chris Dodd (D-CT), Lindsay Graham (R-SC), Pete Domenici (R-NM), and Mary Landrieu (D-LA). These acts would create a federal media shield law to protect reporters from being compelled to reveal their confidential sources.
June 14, 2007
At a sentencing hearing, U.S. District Court Judge Jeffrey White rejects Ellerman's plea, saying that the recommended sentence was not stiff enough and that, as a lawyer, Ellerman "should be held to a higher standard of conduct." He orders Ellerman and attorneys representing the Federal Government to work out a stricter penalty and return to court on July 12th. Also, The House Judiciary Committee holds a hearing on the Free Flow of Information Act of 2007.
July 12, 2007
After submitting a revised plea agreement Troy Ellerman is sentenced to two and a half years in prison -- the harshest penalty handed down in connection with the government's investigation of the Bay Area Laboratory Cooperative. Ellerman makes a last ditch argument for leniency, citing President Bush's recent commutation of presidential aide I. Lewis "Scooter" Libby's identical prison sentence for perjury. "If Mr. Ellerman is dissatisfied with his sentence, he should seek commutation from the president," Judge White concludes. White orders Ellerman to give ten talks on conduct to law students. (Ellerman had already voluntarily given up his license to practice law in California.)
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