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: Diamondbacks acquire Steven Souza from Rays; Yankees land Brandon Drury

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Update (6:35 PM ET): This is a three-team deal also involving the Diamondbacks, per Nick Piecoro of the Arizona Republic. The Diamondbacks will receive outfielder Steven Souza from the Rays and second baseman Brandon Drury will head to the Yankees. Lefty reliever Anthony Banda will go to the Rays, Piecoro adds. The Diamondbacks will also receive prospect Taylor Widener from the Yankees, per Joel Sherman of the New York Post. MLB.com’s Steve Gilbert adds that the Rays will get two players to be named later from the D-Backs.

Souza, 28, is earning $3.55 million in his first of three years of arbitration eligibility, so the Rays are presumably saving money in moving him. Last season, Souza hit a productive .239/.351/.459 with 30 home runs, 78 RBI, 78 runs scored, and 16 stolen bases in 617 plate appearances. Souza’s arrival almost certainly pushes Yasmany Tomas out of a starting gig.

Drury, 25, has played a handful of positions in his brief major league career. Last year, he played second base in Arizona, batting .267/.317/.447 with 13 home runs and 63 RBI in 480 PA.

Banda, 24, made his major league debut last season, posting an ugly 5.96 ERA with a 25/10 K/BB ratio in 25 2/3 innings. The peripherals suggest he pitched better than his ERA indicated.

Widener, 23, was selected by the Yankees in the 12th round of the 2016 draft. This past season with High-A Tampa, he pitched 119 1/3 innings and posted a 3.39 ERA with a 129/50 K/BB ratio. MLB Pipeline rated Widener as the 14th-best prospect in the Yankees’ system.

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Robert Murray of FanRag Sports reports that the Rays will acquire second base prospect Nick Solak from the Yankees. The Yankees’ return is presently not known.

Solak, 23, was selected by the Yankees in the second round of the 2016 draft. He spent last season between High-A Tampa and Double-A Trenton, hitting a combined .297/.384/.452 with 12 home runs, 53 RBI, 72 runs scored, and 14 stolen bases.

MLB Pipeline ranked Solak as the eighth-best prospect in the Yankees’ system and the fifth-best second base prospect in baseball, praising him for his ability to hit line drives as well as his speed.