Graham trial now in jury's hands
Based on Tuesday's closing statements, it appears that track coach
Without calling any witnesses, Graham's attorney
Graham, who over the last week has watched some of the most accomplished athletes he coached -- including gold medalists
A photograph that the prosecution presented of Heredia and Graham together in Laredo, Texas, along with two of Graham's athletes, made short shrift of Graham's contention that he had never seen Heredia's face, though Keane argued that Graham simply misspoke at the end of an interview that lasted more than three hours. As to his last contact with Heredia -- Graham claimed it was in '97 -- the prosecution obtained Graham's phone records, which showed more than 100 calls he made to Heredia between '98 and 2000.
So Keane spent most of his two-hour closing statement to argue that Graham's inaccuracies were inconsequential to any investigation, given that none of the people who received drugs from Heredia have been prosecuted for drug use, and Heredia himself has not been charged.
In order to find Graham guilty, the jury not only has to find that he lied, but also that he did so intentionally and that the subject of his lie was "material." The prosecution informed the jury that in order to qualify as material, Graham's alleged lies only have to meet the standard that they "could have influenced actions or activities" of federal investigators.
The IRS investigators interviewed Graham in '04 after a raid on BALCO produced documents implicating six of Graham's athletes, including
Assistant U.S. attorney
Keane responded that Graham could only be found guilty if his statements were "material to an ongoing investigation." Essentially what he meant was the BALCO investigation or any investigation of Heredia. Because Heredia has not been charged, Keane said, Graham's statements about Heredia are not material to an investigation of him. Keane also downplayed the importance of Heredia to investigators, noting that lead government investigator
"How important could [Heredia] be if agent Novitzky couldn't remember his last name?" Keane asked. He added that the investigators also never followed up with Graham about Heredia and that the questions about him took only a few minutes at the end of a three-hour and 20-minute interview. "The only thing you've heard," Keane told the jury, "is, 'Well, we needed to corroborate.'"
In the final statements of the trial, assistant U.S. attorney