the main contention of anderson's appeal is that a secret, illegally recorded tape of him discussing bonds' steroid use was the basis for the grand jury questions he refused to answer. prosecutors, however, said the tape was legal and was made in a face-to-face meeting with anderson. although judge alsup dismissed anderson's tape claim and others, the 9th circuit court sent anderson's appeal back to the judge, saying alsup's ruling regarding the tape was not clear enough. in clarifying his order, alsup said he agreed with prosecutors that there was ample evidence beyond the tape to question anderson. prosecutors also said the questions they wanted answered were based on athletes' secret testimony in the bay area laboratory co-operative case and a search of anderson's house that turned up drug records, some with bonds' name on it. other than the tape dispute, the 9th circuit court had rejected the merits of anderson's appeal.