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.

Adam Wainwright is not a fan of the proposed strike zone changes

ST LOUIS, MO - OCTOBER 09:  Adam Wainwright #50 of the St. Louis Cardinals celebrates defeating the Pittsburgh Pirates 6 to 1 in Game Five of the National League Division Series at Busch Stadium on October 9, 2013 in St Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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It’s probably not a big shocker that a pitcher is not a big fan of the strike zone being made smaller, but Adam Wainwright of the Cardinals and he tells the St. Louis Post-Dispatch that he is not a fan of the proposed changes to the strike zone we wrote about recently, calling the proposal “a horrible, horrible idea.”

Horrible, he acknowledges, because he’s a pitcher with a vested interest so, yes, let’s give Wainwright credit for self-awareness and for disclosing his self-interest. But he thinks it’s a bad idea for another reason too: more hits will lead to more balls in the gap and thus longer games.

I get the intuitive nature of that — the longer it takes to retire a side the longer games go — but it doesn’t necessarily follow that offense and game times are related in the way Wainwright implies. There was a lot more scoring in the 1990s and early 2000s and games were actually shorter then than now. Partially because of other factors (i.e. there were not quite as many pitching changes and because guys played at a faster clip). Partially, I suspect, because there were fewer strikeouts and strikeouts take a longer time than guys grounding out or having some of those balls in the gap caught on the run by a fast outfielder.

As I said last week, I suspect that we’ll see fewer balls in the gap than Wainwright implies and, rather, a lot more walks as pitchers test umpires to see if they’re really taking away that low strike. In the short term that’ll actually make games longer, though not for the reason Wainwright thinks.

 

 

Report: Jonny Gomes has retired

KANSAS CITY, MO - OCTOBER 28:  Jonny Gomes of the Kansas City Royals looks on before Game Two of the 2015 World Series between the Royals and the New York Mets at Kauffman Stadium on October 28, 2015 in Kansas City, Missouri.  (Photo by Tim Bradbury/Getty Images)
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SB Nation’s Chris Cotillo hears from a source that former major leaguer Jonny Gomes has decided to retire from baseball. The 35-year-old spent the 2016 season with the Rakuten Golden Eagles in the Japan Pacific League, but he struggled at the plate, batting .169/.280/.246 in 75 plate appearances. Gomes left the Eagles by mutual consent back on May 11.

Gomes won a championship with the Red Sox in 2013 and the Royals last year. He ends a 13-year major league career having hit .242/333/.436 with 162 home runs in 4,009 trips to the plate.

Gomes was known as a clubhouse leader during his playing career, so it wouldn’t be surprising if he ends up coaching or managing in some capacity in the future.

What’s on Tap: Previewing Wednesday evening’s action

WASHINGTON, DC - MAY 14:  Marcell Ozuna #13 of the Miami Marlins celebrates a triple in the second inning against the Washington Nationals  at Nationals Park on May 14, 2016 in Washington, DC.  (Photo by Greg Fiume/Getty Images)
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Craig previewed this afternoon’s action. We have eight more games left in the evening, though.

The pitching match-ups aren’t at all exciting, sadly, but there are a few streaks to pay attention to tonight. Red Sox outfielder Jackie Bradley, Jr. is on a 28-game hitting streak, tying him with Wade Boggs for eighth-most in Red Sox history. Teammate Xander Bogaerts is on a 17-game hitting streak as well.

Marlins outfielder Marcell Ozuna has reached base in 31 consecutive games. And to think that owner Jeffrey Loria would have traded him during the offseason if not for manager Don Mattingly and hitting coach Barry Bonds speaking up in favor of keeping Ozuna.

The match-ups for Wednesday evening…

Arizona Diamondbacks (Rubby De La Rosa) @ Pittsburgh Pirates (Jeff Locke), 7:05 PM EDT

Toronto Blue Jays (Marco Estrada) @ New York Yankees (Ivan Nova), 7:05 PM EDT

Colorado Rockies (Chad Bettis) @ Boston Red Sox (Steven Wright), 7:10 PM EDT

Miami Marlins (Justin Nicolino) @ Tampa Bay Rays (Matt Andriese), 7:10 PM EDT

Milwaukee Brewers (Junior Guerra) @ Atlanta Braves (Mike Foltynewicz), 7:10 PM EDT

Baltimore Orioles (Tyler Wilson) @ Houston Astros (Collin McHugh), 8:10 PM EDT

Cincinnati Reds (Dan Straily) @ Los Angeles Dodgers (Scott Kazmir), 10:10 PM EDT

Oakland Athletics (Zach Neal) @ Seattle Mariners (Hisashi Iwakuma), 10:10 PM EDT

Video: Minor League Manager goes on epic rant

Screen Shot 2016-05-25 at 2.56.42 PM
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Frisco RoughRiders manager Joe Mikulik got his money’s worth last night. He was ejected after arguing an automatic double play on an enforcement of the slide rule, and he didn’t go gently into that goodnight.

Rather, he threw things, kicked things, threw things and then subsequently kicked those same things, gave overly-demonstrative slides and safe signs and basically went all Earl Weaver/Lou Piniella on everyone.

Double-A baseball is the best minor league because you tend to see more prospects there than you do at Triple-A. But it’s also the best because, when you’re a manager who is not quite a heartbeat away from getting your shot at the big leagues, you’re a little less uptight about things. Or at least Mikulik was. Or maybe he was more uptight. I don’t know. He just went with it, and going with it has its charms.

 

(h/t Big League Stew)