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.

What’s on Tap: Previewing Tuesday’s action

LOS ANGELES, CA - AUGUST 24:  Rich Hill #44 of the Los Angeles Dodgers in the third inning of the game against the San Francisco Giants at Dodger Stadium on August 24, 2016 in Los Angeles, California.  (Photo by Jayne Kamin-Oncea/Getty Images)
Jayne Kamin-Oncea/Getty Images
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Rich Hill made his long-awaited Dodgers debut last Wednesday, out-dueling Giants starter Johnny Cueto. The lefty hurled six shutout innings, yielding only five hits (all singles) with no walks and three strikeouts. Of the 81 pitches he threw, a whopping 32 (39.5 percent) were curves compared to 41 fastballs.

That’s been the trend for Hill over his career, spanning parts of 12 seasons: highly reliant on the curve. It’s worked out well since resurrecting his career last year with the Red Sox and continuing it this season before the Athletics sent him along with outfielder Josh Reddick to the Dodgers on August 1.

As we’ve noted in this space several times, the Dodgers have dealt with more than their fair share of injury woes, including to ace Clayton Kershaw. The club has used 30 different pitchers, including 14 different starters. Yet they enter Tuesday’s game against the Rockies a game and a half ahead of the Giants for first place in the NL West. While the NL East, NL Central, and AL West races aren’t particularly interesting at this point, the NL West division race figures to be one of the most enthralling over the final month-plus of the season.

Hill will oppose the Rockies’ Tyler Anderson at Coors Field in an 8:40 PM EDT start. The second-place Giants will send Johnny Cueto to the hill at home to oppose the Diamondbacks Zack Greinke in a 10:15 PM EDT start.

The rest of Tuesday’s action…

Toronto Blue Jays (J.A. Happ) @ Baltimore Orioles (Ubaldo Jimenez), 7:05 PM EDT

Washington Nationals (Max Scherzer) @ Philadelphia Phillies (Jerad Eickhoff), 7:05 PM EDT

Chicago White Sox (Anthony Ranaudo) @ Detroit Tigers (Daniel Norris), 7:10 PM EDT

Miami Marlins (Tom Koehler) @ New  York Mets (Seth Lugo), 7:10 PM EDT

Minnesota Twins (Andrew Albers) @ Cleveland Indians (Josh Tomlin), 7:10 PM EDT

San Diego Padres (Edwin Jackson) @ Atlanta Braves (Julio Teheran), 7:10 PM EDT

Tampa Bay Rays (Jake Odorizzi) @ Boston Red Sox (Drew Pomeranz), 7:10 PM EDT

Pittsburgh Pirates (Chad Kuhl) @ Chicago Cubs (Kyle Hendricks), 8:05 PM EDT

Seattle Mariners (James Paxton) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Oakland Athletics (Kendall Graveman) @ Houston Astros (Collin McHugh), 8:10 PM EDT

St. Louis Cardinals (Adam Wainwright) @ Milwaukee Brewers (Wily Peralta), 8:10 PM EDT

New York Yankees (Masahiro Tanaka) @ Kansas City Royals (Edinson Volquez), 8:15 PM EDT

Cincinnati Reds (Tim Adleman) @ Los Angeles Angels (Jered Weaver), 10:05 PM EDT

Tim Tebow’s workout: power, speed but not much else

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Tim Tebow is, as we speak, working out for some 40 scouts from 20 organizations and an untold number of members of the media. So far he has run and jumped and thrown and, in a moment or two, will take his hacks. First BP swings, then live, full-speed BP off of a couple of former major leaguers.

His 60 yard dash time was supposedly excellent. On the 80-20 scouting scale he’s supposedly in the 50-60 range, according to people tweeting about it who know what they’re talking about. The guy is certainly big and strong and in amazing shape and that’s not nothing.

Also this:

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That’s from MLB’s Twitter, which provides us with some more in-action shots.

Here he is playing right field out there in the distance someplace:

UPDATE: Tebow’s workout is over. On the “pro” side, based on the assorted tweets of journalists in attendance, many based on quick conversations with scouts in attendance, Tebow’s power was described as “nuclear,” and graded out at an 80 for at least one scout. That’s as good as it gets. The speed in the 60, as mentioned above, was also excellent.

On the “con” side was his fielding, which was considered sub-par, with a scout saying that his routes were circuitous and inefficient and his arm, while alright, was nothing special, especially for a guy of his obvious physical strength.

As far as non-power hitting goes, it was also not great. His stance was very, very wide and did not leave much room for adjustments, scouts said. This was born out by his being fairly consistently baffled by former big leaguer David Aarsdma’s changeup, at which he swung-and-missed three of four times. He was one for six in simulated at bats against minor league journeyman Chad Smith, with that one hit being a single. He also drew a walk.

Maybe that power — both hitting power and star power — is too great for an organization to ignore. Maybe someone takes a chance. But as a prospect Tim Tebow sure sounds a lot like a big strong fast guy who probably doesn’t have a ton of baseball skills.