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.

The Dodgers tied a dubious major league record yesterday

MASH
My old memory
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The Dodgers beat their arch rival last night and expanded their lead in the NL West over those Giants to two games. That’s good! They also set a record for the most players on the disabled list in a season. That’s bad!

Los Angeles placed Brett Anderson and Scott Kazmir on the disabled list yesterday. Anderson has a blister on the index finger of his pitching hand. Kazmir has neck inflammation. Kazmir is the 27th different Dodgers player to go on the DL this year, which ties the record held by the 2012 Boston Red Sox. No word on whether Anderson has set any records for any one individual’s trip to the DL, but he has to be getting up there.

Records on this particular mark only go back to 1987. I’m sure its possible some team lost more than that due to the 1919 influenza pandemic or to some iteration of a Yellow Fever epidemic or something, but this is easily the most since antibiotics were invented.

Orioles place Chris Tillman on the disabled list

BALTIMORE, MD - AUGUST 20:  Chris Tillman #30 of the Baltimore Orioles is taken out of the game by manager Buck Showalter #26 in the third inning against the Houston Astros at Oriole Park at Camden Yards on August 20, 2016 in Baltimore, Maryland.  (Photo by Greg Fiume/Getty Images)
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Bad news for the Orioles, as they placed their best starter, Chris Tillman, on the 15-day disabled list last night with an inflamed shoulder. Tillman received a cortisone shot but he’s getting the time off nonetheless. He’s expected to be activated on September 5.

The Orioles’ rotation has been thin all year, but Tillman has been great. He’s 15-5 with a 3.76 ERA in 153 innings of work. His last start, however, on August 20, was awful. He gave up six runs on six hits in two innings. Tillman says it was the result of rust due to a nine-day layoff, but it’s hard to imagine that whatever is bothering his shoulder didn’t have an impact on the outing. Ubaldo Jimenez will get the start in Tillman’s place Thursday. He has . . . been less than reliable on the year.

Baltimore wakes up this morning two games behind Toronto and Boston in the AL East but safely in the second Wild Card position for the time being.