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.

Mets leaning on Jay Bruce, Neil Walker as Lucas Duda insurance

LOS ANGELES, CALIFORNIA - MAY 12:  Pinch hitter Lucas Duda #21 of the New York Mets walks back to the dugout after striking out for the first out of the ninth inning against Clayton Kershaw #22 of the Los Angeles Dodgers at Dodger Stadium on May 12, 2016 in Los Angeles, California.  The Dodgers won 5-0.  (Photo by Stephen Dunn/Getty Images)
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The Mets have begun working outfielder Jay Bruce and second baseman Neil Walker at first base as potential insurance in the event Lucas Duda continues to experience back discomfort, Mike Puma of the New York Post reports. Duda has been sidelined recently due to back spasms and missed all but 47 games last season as a result of a stress fracture in his lower back.

Manager Terry Collins spoke about Bruce’s work at first base on Sunday, saying, “I liked everything I saw today. “It looks like he’s got the athleticism, he’s got the hands, he’s got the arm angle. He made some throws in our drills that you wouldn’t expect an outfielder to be able to make, but yet he does. If that’s where we have to go, I think we’ll be fine.”

Bruce has only three games’ worth of experience at first base at the major league level, but still has high expectations for himself. He said, “I am going to work at it. I want to give myself a chance and the team a chance. I am not going to go over there and be a butcher. It’s just not the way I go about my business on the baseball field and it wouldn’t be fair to the team if I wasn’t capable to do it, so I am going to work at it and we’ll see what happens.”

The Mets made Bruce available via trade over the offseason but didn’t get an offer that whet their appetite. As a result, Michael Conforto appears to be the odd man out in the Mets’ crowded outfield.

Jason Kipnis diagnosed with a strained rotator cuff

CLEVELAND, OH - NOVEMBER 02:  Jason Kipnis #22 of the Cleveland Indians celebrates after scoring a run on a wild pitch thrown by Jon Lester #34 of the Chicago Cubs (not pictured) during the fifth inning in Game Seven of the 2016 World Series at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Elsa/Getty Images)
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Indians second baseman Jason Kipnis has been diagnosed with a strained rotator cuff in his right shoulder, MLB.com’s Jordan Bastian reports. Kipnis has received a cortisone shot and will be shut down from throwing for the next four to five days.

There’s a lot of spring left, so it’s perfectly sensible for the Indians to play it safe with their star player. The club already had Kipnis on a shoulder strengthening program.

Kipnis, 29, helped the Indians to the playoffs after batting .275/.343/.469 with 23 home runs, 92 RBI, 91 runs scored, and 15 stolen bases in 688 plate appearances during the regular season last year. He then helped the Indians reach Game 7 of the World Series against the Cubs, where they were eventually stopped, as he provided a .741 OPS including four homers and eight RBI in 15 playoff games.