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 place Dexter Fowler on the disabled list

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The Cardinals announced on Tuesday that outfielder Dexter Fowler has been placed on the 10-day disabled list with a strained left forearm. Outfielder Harrison Bader was recalled from Triple-A Memphis to take Fowler’s spot on the roster.

It’s not clear when Fowler suffered the injury, but he went 0-for-12 since a three-hit performance last Friday. He’s hitting .241/.333/.452 with 14 home runs and 37 RBI in 333 plate appearances this season.

Bader, 23, is the Cardinals’ No. 6 prospect, according to MLB Pipeline. This season, with Memphis, Bader hit .297/.354/.517 with 19 home runs and 48 RBI in 381 PA.

Dodgers, Cubs could be interested in Justin Verlander

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Jon Morosi of MLB Network said yesterday that the Detroit Tigers and Chicago Cubs have been engaged in trade talks involving starting pitcher Justin Verlander and catcher Alex Avila. Morosi also noted that the Los Angeles Dodgers have shown interest in Verlander as well. Whether this is idyl chitchatting of serious dispute is unclear, of course. Everything is unclear in the leadup to the deadline.

The veteran right-hander is carrying a 4.50 with a 120/57 K/BB ratio over 124 innings. Verlander impressed last year, finishing second in AL Cy Young Award balloting, but he has fallen back to Earth in 2017. His velocity remains high, however, and it’s not hard to imagine him going on a solid run in a way that could help a contender. He is owed $56 million over the next two seasons, however, and has a $22 million option that could vest for 2020, so negotiations for him could be tough. If the Tigers want talent back, they’ll have to eat salary.

Verlander got an ovation from a Detroit crowd last night which seemed to sense that, yes, it’s possible he pitched his last game for the Tigers. Given that he has 10/5 rights, allowing him to veto any trade, that decision is ultimately up to him. It’s not hard to imagine him accepting a trade to a contender, however.

We wait see.