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.

Moises Alou pledges to help Cubs give “closure” to Steve Bartman

CHICAGO - OCTOBER 7:  Moises Alou #18 of the Chicago Cubs hits a two-run home run in the first inning against thye Florida Marlins during game one of the National League Championship Series October 7, 2003 at Wrigley Field in Chicago, Illinois.  (Photo by Brian Bahr/Getty Images)
Brian Bahr/Getty Images
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After the Cubs won the World Series last month — their first since 1908 — owner Tom Ricketts said he plans to reach out to Steve Bartman to provide “closure.”

Bartman was the fan who interfered with left fielder Moises Alou’s attempt to catch a foul ball in Game 6 of the 2003 NLCS against the Marlins. Alou was particularly irate about Bartman’s presence and it led to the fan becoming persona non grata in Chicago. In the time since, even before the Cubs won the World Series, the club has tried to make amends but Bartman has rejected offers to speak publicly and he has also rejected invitations to Wrigley Field.

Alou pledged to make time to attend any ceremony the Cubs stage for Bartman, Gordon Wittenmyer of the Chicago-Sun Times reports.

Alou said, “Why not? I’d like to meet Bartman.” He continued, “I have nothing against the guy. I said it right after the game. I had the ball, and I got upset, but at the same time it’s not that kid’s fault. Everybody goes to the ballpark, and they bring a glove. Every wants to catch a fly ball.” However, He still maintains that he would have caught the ball if he had not been impeded.

Diamondbacks sign Jeff Mathis to a two-year, $4 million deal

SAN DIEGO, CALIFORNIA - JUNE 14:  Jeff Mathis #6 of the Miami Marlins hits a grand slam during the first inning of a baseball game against the San Diego Padres at PETCO Park on June 14, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
Denis Poroy/Getty Images
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The Diamondbacks announced on Monday that the club signed catcher Jeff Mathis to a two-year, $4 million contract.

Mathis, 33, isn’t much with the stick as he owns a career .197/.254/.308 triple-slash line over parts of 12 seasons in the majors. The veteran, though, is well-regarded for his ability to play defense, call games, handle a pitching staff, and get along with his teammates in the clubhouse. As Craig mentioned last year, Mathis is often talked about as a future manager.

The D-Backs non-tendered Welington Castillo on Friday, so Chris Herrmann and Mathis are the team’s two catchers as presently constructed.