Barry Bonds is gonna skate on the perjury charge

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Barry Bonds suit.jpgThe 9th U.S. Circuit Court
of Appeals just ruled
that prosecutors in the Barry Bonds/BALCO perjury case may not present urine
samples and other evidence that the government says shows Bonds knowingly used steroids. This ruling upholds a lower court decision barring prosecutors from showing
the jury any evidence collected by Bonds’ personal trainer Greg
Anderson.

Not to go too technical with this, but the basic argument by Bonds’ lawyers was that the prosecutors should not be able to admit into evidence test results, calendars and other documents which purported to prove that Barry Bonds knew he was taking steroids because they were hearsay.  They could not be authenticated, they could not be verified for accuracy, and there was no way for Bonds’ lawyers to attempt to impugn the evidence whatsoever.

The prosecutors’ arguments to the contrary revolved around several exceptions that exist allowing hearsay evidence to be admitted. I read the appellate briefs and I can tell you: the prosecutors’ position was not at all convincing. Basically, they argued that the records, though hearsay, should be
admitted because, well gosh darn it, this is the only evidence we have! However satisfying such an argument was, legally speaking it was an argument that was dead on arrival. Which, by the way, I predicted over a year ago when the prosecutors started making it.

And really, it shouldn’t have gotten that far. As we learned more than two years ago, Bonds’ testimony wasn’t all that strong a basis for a perjury charge to begin with. The guy took steroids, sure, and he was certainly trying to be coy about it at the time, but it never seemed to me at all that the prosecutors did the job necessary to justify a criminal charge over it. That kinda matters because we don’t put people in jail in this country because they’re jerks who probably did it. We require the government to bring strong cases and prove them beyond a reasonable doubt.  There were doubts aplenty here as to whether Bonds was lying to the grand jury.

The only way that evidence would be able to come in was if Greg Anderson testified about it, explaining what each document represented, when he prepared it and why. Greg Anderson famously refused to testify, however, and did a lot of time in jail because of it.  It was ultimately his decision, but one that the prosecution was stuck with.  Once he made it, the viability of any prosecution of Barry Bonds ended.

Or it least it should have ended it. This ruling should finish the job. To date, however, the prosecution has taken every available opportunity to delay the case. They waited until the eve of trial to take their appeal. They extended the thing with an unorthodox en banc appeal that delayed things even longer. In light of this, I’m sure they’ll do some more delaying before they finally and formally dismiss the case.

But dismiss it they should.

Report: Mariners have interest in Reds’ Jay Bruce

ATLANTA, GA - JUNE 14:  Jay Bruce #32 of the Cincinnati Reds waits to bat prior to hitting a three-run homer in the first inning against the Atlanta Braves at Turner Field on June 14, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
Kevin C. Cox/Getty Images
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ESPN’s Jerry Crasnick reports that the Mariners are among the teams that have contacted the Reds about outfielder Jay Bruce. The Mariners enter play Wednesday 51-48, six games out of first place in the AL West and 4.5 games out of the second AL Wild Card slot. Adding an impact bat like Bruce could help in their effort to reach the postseason.

Norichika Aoki and Seth Smith have handled the bulk of the playing time in left field. While Smith has hit well, Aoki has not. Bruce came into Wednesday’s game against the Giants batting .271/.324/.567 with 24 home runs and a league-best 78 RBI.

Bruce can become a free agent after the season if his controlling team declines his $13 million club option for the 2017 season by paying him a $1 million buyout. If he’s traded mid-season, his new team won’t be able to make him a qualifying offer, so the club option may be more enticing than it looks at first glance.

The Padres have homered in 25 consecutive games, tying an NL record

SAN DIEGO, CALIFORNIA - JULY 16:  Adam Rosales #9 of the San Diego Padres hits an RBI single during the tenth inning of a baseball game against the San Francisco Giants at PETCO Park on July 16, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
Denis Poroy/Getty Images
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A third-inning two-run home run by Adam Rosales off of R.A. Dickey put the Padres up 2-0, but it also helped the Padres tie a National League record. The Padres have homered in 25 consecutive games, matching the 1998 Braves, the 1994 Tigers, and the 1941 Yankees. The major league record is 27, set by the 2002 Rangers.

The Padres hit three in total on Wednesday in an 8-4 victory against the Blue Jays. One of those dingers was an eighth-inning solo shot by rookie Alex Dickerson, who has now homered in four consecutive games himself. The one he hit on Monday is worth watching, as it got into the upper deck at the Rogers Centre.

As the Padres recently traded Melvin Upton, Jr. to the Jays, Dickerson is likely going to see regular playing time. That’s especially true if he keeps hitting like this.