Barry Bonds is gonna skate on the perjury charge


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

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.

Vin Scully to miss postseason after undergoing medical procedure

Los Angeles Dodgers Hall of Fame broadcaster Vin Scully announces he will return to broadcast his 67th, and last baseball season in 2016, during a news conference in Los Angeles, Saturday, Aug. 29, 2015. (AP Photo/Alex Gallardo)
AP Photo/Alex Gallardo
1 Comment

The Dodgers announced this afternoon that legendary broadcaster Vin Scully underwent a “recommended medical procedure” this morning and will miss the the postseason. The good news is that he’s said to be “resting comfortably.”

Scully, who turns 88 next month, was expected to do radio broadcasts for the Dodgers the postseason. While he’ll skip the playoffs at the advice of his doctors, the Dodgers said that he’s looking forward to returning for his 67th season in the booth in 2016. Scully said in August that it will be his last.

On behalf of all baseball fans, get well soon, Mr. Scully.

Josh Donaldson leaves Game 1 of ALDS with head injury

Josh Donaldson

Both starting third basemen have left Game 1 of the Rangers-Blue Jays series with injuries.

Adrian Beltre exited with a back injury in the second inning and now Josh Donaldson has left the game an inning after taking a knee to the head while trying to break up a double play.

It’s natural to wonder if Donaldson suffered a concussion on the play, particularly since Justin Morneau, then of the Twins, had his career derailed by a knee to the head on a nearly identical takeout slide in Toronto back in 2010. For now the Blue Jays are saying Donaldson left as a “precaution,” but as a Twins fan that play immediately flashed into my mind.

Donaldson will either win or finish runner-up for AL MVP after hitting .297 with 41 homers and a .939 OPS in 158 games during his first season in Toronto.

ALDS, Game 1: Astros vs. Royals

Texas Rangers v Kansas City Royals
Leave a comment

Here are the Astros and Royals lineups for Game 1 of the ALDS in Kansas City:

2B Jose Altuve
RF George Springer
SS Carlos Correa
LF Colby Rasmus
DH Evan Gattis
3B Luis Valbuena
1B Chris Carter
C Jason Castro
CF Jake Marisnick

SP Collin McHugh

Carlos Gomez started in center field and homered in the Wild Card game, but he’s on the bench tonight due to a lingering intercostal injury. According to manager A.J. Hinch he’s available to pinch-hit and is expected to start Game 2, but clearly Gomez’s health will be something to watch all series long.

SS Alcides Escobar
2B Ben Zobrist
CF Lorenzo Cain
1B Eric Hosmer
DH Kendrys Morales
3B Mike Moustakas
C Salvador Perez
LF Alex Gordon
RF Alex Rios

SP Yordano Ventura

Alcides Escobar has a .298 career on-base percentage, including a .293 OBP with 26 walks in 148 games this season, but because the Royals have a very good win-loss record in games when he’s hit leadoff manager Ned Yost has him atop the lineup tonight. Alex Gordon, who led the Royals in OBP at .377, is batting eighth.