Prosecutors seek two-year sentence
for BALCO case leaker
Photo courtesy www.thehomerunguys.com
By Julia Cheever
June 7, 2007
Prosecutors have urged a federal judge in San Francisco to mete
out a two-year sentence to a former criminal defense lawyer who
pleaded guilty to leaking secret grand jury testimony in a sports
Troy Ellerman, 44, is due to be sentenced by U.S. District Judge
Jeffrey White on June 14.
He pleaded guilty in February to four felony counts related to
his disclosure of grand jury transcripts to a San Francisco Chronicle
reporter in violation of a judge's order.
The transcripts contained testimony by San Francisco Giants star
Barry Bonds and other athletes who appeared before a grand jury
investigating a sports steroids scheme centered on the Bay Area
Laboratory Cooperative, or BALCO.
At the time, Ellerman represented BALCO Vice President James
After the transcripts were published in 2004, Ellerman blamed
federal prosecutors for the leak and even filed a motion for dismissal
of the charges against Valente because of the leak.
Prosecutors said in a brief filed with White on Wednesday, "For
an experienced criminal attorney, who has been practicing for
a decade, to engage in such deceitful and self motivated criminal
behavior in the course of a high-profile federal prosecution is
The two-year sentence recommended by prosecutors is the maximum
allowed under Ellerman's plea agreement, which specified that
the penalty could range from probation to two years in prison.
Ellerman's attorney, Scott Tedmon, asked in a brief filed on
Tuesday for a sentence of one year and three months.
Tedmon wrote that Ellerman agrees that probation would not be
appropriate for the seriousness of the crimes, but said Ellerman
is "genuinely remorseful.''
Ellerman pleaded guilty to two counts of contempt of court, one
count of filing a false declaration and one count of obstruction
Copyright © 2007 by Bay City News, Inc. -- Republication,
Rebroadcast or any other Reuse without the express written consent
of Bay City News, Inc. is prohibited.