Bonds judge tosses out new tape

SAN FRANCISCO -- Prosecutors rested their case against Barry Bonds Tuesday as the judge turned down their late bid to get a newly discovered audio tape of two key witnesses heard by the jury.

U.S. District Judge Susan Illston refused to let the panel listen to a recording of a conversation between Bonds' orthopedic surgeon, Arthur Ting, and Bonds' former business partner, Steve Hoskins.

Prosecutors had hoped to use the recording to win back some of the momentum they lost last week when Ting directly contradicted Hoskins, who claimed the two had repeatedly discussed the slugger and steroids.

Illston, however, said much of the tape was inaudible, and what could be heard was irrelevant and inadmissible.

Prosecutors finished presenting their evidence by having court staff read a transcript of Bonds' December 2003 grand jury testimony.

Bonds, 46, is charged with three counts of lying during that court appearance, when he denied knowingly taking steroids and human growth hormone. He also is charged with one count of lying and one count of obstruction.

After the transcript was finished, Assistant U.S. Attorney Matthew Parrella told the judge "at this point, the government rests." Bonds' lawyer Allen Ruby said that if Bonds were to testify, that it would be Wednesday, though it had not been decided.

Earlier on the trial's 10th day, four lab employees testified about handling and testing Bonds' urine samples collected in 2003. One tested positive for the designer steroid THG.

Ruby told the jury two weeks ago that Bonds unknowingly took steroids. Prosecutors' task has been to prove that Bonds knew he was taking performance-enhancing drugs when he set the season home run mark of 73 in 2001 and the career record of 762 in 2007.