Barry Bonds is gonna skate on the perjury charge


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

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.

Mike Scioscia will return as Angels manager in 2016

ANAHEIM, CA - JULY 21:  Manager Mike Scioscia #14 of the Los Angeles Angels of Anaheim in the dugout during batting practice before a game against the Minnesota Twins at Angel Stadium of Anaheim on July 21, 2015 in Anaheim, California.  (Photo by Jonathan Moore/Getty Images)
Photo by Jonathan Moore/Getty Images

It was assumed already, but Mike Scioscia made it official during Monday’s press conference for new general manager Billy Eppler that he will return as Angels manager in 2016.

Scioscia, the longest-tenured manager in the majors, has been at the helm with the Angels since 2000. There was a clause in his contract which allowed him to opt out after the 2015 season, but he has decided to stay put. He still has three years and $15 million on his contract, which runs through 2018.

Jerry Dipoto resigned as Angels general manager in July amid tension with Scioscia, so there were naturally questions today about what to expect with first-time GM Eppler in the fold. According to David Adler of, Scioscia isn’t concerned.

“I think we’re going to mesh very well,” Scioscia said. “If we adjust, or maybe he adjusts to some of the things, there’s going to be collaboration that’s going to make us better.”

Eppler is the fourth general manager during Scioscia’s tenure with the team.

After winning the AL West last season, the Angels finished 85-77 this season and narrowly missed the playoffs. The team hasn’t won a postseason game since 2009.

Carlos Gomez says he’ll be in lineup for Wild Card game vs. Yankees

Houston Astros' Carlos Gomez hoops after scoring a run against the Texas Rangers in the eighth inning of a baseball game Sunday, Sept. 27, 2015, in Houston. Gomez scored from third base on a Bobby Wilson passed ball. The Astros won 4-2. (AP Photo/Pat Sullivan)
AP Photo/Pat Sullivan

Astros center fielder Carlos Gomez sat out the final series of the regular season in order to rest a strained left intercostal muscle, but there was good news coming out of a workout today in advance of Tuesday’s Wild Card game vs. the Yankees.

This has been a lingering issue for Gomez, who missed 13 straight games with the injury last month. He aggravated the strain on a throw to home plate last Wednesday and was forced to sit while the Astros fought to keep their season alive. Astros manager A.J. Hinch told reporters last week that Gomez’s injury would typically take 45-50 days to recover from, so it’s fair to wonder how productive he can be during the postseason.

Gomez mostly struggled after coming over from the Brewers at the trade deadline, batting .242 with four home runs and a .670 OPS over 41 games.