BALCO leaker invokes Libby in plea for leniencyAttorney had leaked confidential grand jury testimony involving Bonds
Updated: 7:31 p.m. ET July 10, 2007
SAN FRANCISCO - An attorney who admitted leaking the confidential grand jury testimony of slugger Barry Bonds to the media asked a federal judge for leniency Tuesday, noting that President Bush commuted I. Lewis “Scooter” Libby’s prison sentence for a similar crime.
In doing so, Troy Ellerman joins a growing a list of defendants across the country who have made the same arguments for leniency since Bush said the former vice presidential aide’s 2½-year sentence for leaking the name of a CIA operative was too harsh and commuted it to probation and a fine.
Ellerman’s invocation of Libby’s case Tuesday was part of a much larger court filing arguing for a prison sentence of 15 months, rather than the two years federal prosecutors are seeking.
Last month, U.S. District Court Judge Jeffrey White said even two years in prison was too light of a sentence, and he refused to accept Ellerman’s plea deal. White said Ellerman’s conduct was especially egregious because he was a lawyer and lied to judges and in court filings when discussing the leaked grand jury transcripts.
Ellerman pleaded guilty to allowing a newspaper reporter to view confidential transcripts of grand jury testimony from Bonds, Jason Giambi, Gary Sheffield and other athletes embroiled in the government’s steroids investigation. The 44-year-old Ellerman initially blamed federal investigators for leaking the testimony.
Ellerman was a successful Sacramento attorney when Victor Conte, founder of the Bay Area Laboratory Co-Operative, hired him following the raid of the Burlingame nutritional supplements lab, as part of the government probe. Ellerman pleaded guilty to four felony counts of obstruction of justice and related charges in February. His lawyer, Scott Tedmon, urged the judge to consider Libby’s commutation when he sentences Ellerman on Thursday.
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