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.

Cardinals walk off on controversial double by Yadier Molina

SAN FRANCISCO, CA - SEPTEMBER 15:  Yadier Molina #4 of the St. Louis Cardinals reacts after he was called out on strike against the San Francisco Giants in the top of the six inning at AT&T Park on September 15, 2016 in San Francisco, California.  (Photo by Thearon W. Henderson/Getty Images)
Thearon W. Henderson/Getty Images
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Update (11:09 PM EDT):

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From unlucky to lucky, the Cardinals maintained their position in the National League Wild Card race with walk-off victory over the Reds on Thursday night.

The Cardinals went into the top of the ninth with a 3-2 lead over the Reds, but saw the game tied when Scott Schebler dribbled a two-strike, two out ground ball down the third base line. It seemed as if the baseball gods had turned their backs on the Cardinals.

In the bottom of the ninth against reliever Blake Wood, Matt Carpenter drew a one-out walk. Randal Grichuk then struck out, leaving all of the Cardinals’ hopes on Yadier Molina. Molina went ahead 2-0 in the count, then ripped a 95 MPH fastball to left field. The ball bounced high and over the left field fence for what seemed like an obvious ground-rule double. Carpenter motored around third base and scored the winning run.

The Cardinals poured onto the field in celebration and the umpires walked off the field. Manager Bryan Price wanted to have the play reviewed, but when he went onto the field, the umpires were nowhere to be found. Price chased after them but to no avail. As the Cardinals left the field and the stadium emptied, the Reds remained in the dugout. The Reds’ relievers were left in a bit of purgatory, standing aimlessly in left field after exiting the bullpen. Finally, the game was announced as complete over the P.A. system at Busch Stadium. The results are great if you’re a Cardinals fan, but terrible if you’re a Mets or Giants fan.

As Jon Morosi points out, the rules clearly state that the signage above the fence in left field is out of the field of play. The umpires got it wrong.

Price, however, also took too long to speak to the umpires. Per Derrick Goold of the St. Louis Post-Dispatch:

If this happened between two teams playing a meaningless game, it would’ve been a lot easier to swallow, but Thursday’s Reds-Cardinals game had implications on not only the Cardinals’ future, but the Mets’ and Giants’ as well.

Freddie Freeman’s hitting streak ends at 30 games

ATLANTA, GA - SEPTEMBER 28:  First baseman Freddie Freeman #5 of the Atlanta Braves hits a single in the sixth inning to extend his hitting streak to 30 games during the game against the Philadelphia Phillies at Turner Field on September 28, 2016 in Atlanta, Georgia.  (Photo by Mike Zarrilli/Getty Images)
Mike Zarrilli/Getty Images
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Braves first baseman Freddie Freeman went 0-for-4 during Thursday’s win against the Phillies, snapping his hitting streak at 30 games. It marked the longest hitting streak of the 2016 season. Freeman’s streak of 46 consecutive games reaching base safely ended as well.

The longest hitting streak in Atlanta Braves history belongs to Dan Uggla, who hit in 33 consecutive games in 2011. Tommy Holmes hit in 37 straight for the Boston Braves in 1945.

During his hitting streak, Freeman hit .384/.485/.670 with 11 doubles, seven home runs, 27 RBI, and 26 runs scored in 136 plate appearances. That padded what were already very strong numbers on the season. After Thursday’s game, Freeman is overall batting .306/.404/.572 with 33 home runs, 88 RBI< and 101 runs scored in 677 plate appearances.