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.

Reds prospect Juan Duran suspended 80 games

Banned
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Juan Duran, a minor-league outfielder in the Reds’ farm system, has been suspended 80 games following positive tests for the performance-enhancing drugs Drostanolone, Stanozolol, and Nandrolone.

Duran is 6-foot-7 with big-time power, averaging 23 homers per 150 games since 2011, but he also strikes out a ton and struggles to control the strike zone. He spent last season at Double-A, missing a lot of time with injuries and hitting .256 with six homers and a .728 OPS in 59 games as a 23-year-old.

Duran is on the 40-man roster and is considered a quasi-prospect, but he’ll be ineligible to play until July and figures to head back to Double-A once reinstated.

The Blue Jays will talk long term deals with Jose Bautistia and Edwin Encarnacion

Jose Bautista Blue Jays
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Ever since Alex Anthopoulos resigned as Blue Jays’ GM and Mark Shapiro took over as team president, a distinct air of frugality has set in over Rogers Centre. The go-for-broke attitude that fueled Toronto’s fantastic second half last year was repudiated and long-term, sustainable building has seemed to be the order of the day.

But the Jays aren’t going to go crazy with that: ESPN’s Jayson Stark reports that the Blue Jays plan to have long-term extension talks with the agents of Jose Bautista and Edwin Encarnacion during spring training. This, combined with the still-remaining possibility that they can avoid arbitration with MVP Josh Donaldson and hammer out a long-term deal could mean some serious spending by the Jays before Opening Day.

Or this could just be talk from the front office designed to buoy the spirits of fans. Locking up all three of them to long-term deals may be hella expensive and may not be possible. It’s also the case that, given their ages — Bautista is 35 and Encarnacion is 33 — it may not be advisable to lock the both up. As always, it depends on the terms and how generous Rogers Communications plans on being with the Jays’ budget.

But the chatter is now out there and expectations are poised to be set.

The Rays are REALLY ready to get to work on that new ballpark

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Last month St. Petersburg and the Tampa Bay Rays reached an agreement that would allow the Rays to seek a new ballpark outside of the St. Pete city limits, anywhere in the Bay Area. Marc Topkin of the Tampa Bay Times reports¬†today that the Rays have submitted a required report to that end which “describes how they plan to evaluate potential ballpark sites across the Tampa Bay area” and serves as a rough outline of the sort of facility they’re looking to build.

They submitted it 39 days before deadline. Ya think they’re eager to get moving?

As for the specifics, it sounds like they’re shooting for a Braves or Cardinals style destination place with surrounding entertainment, retail and the like. The Braves are achieving that by basically building the park at a mall and plan to surround it with other mall/entertainment district-type development. The Cardinals built a downtown park, but have developed Ballpark Village after the fact. This is to be contrasted with downtown parks which either counted on existing city businesses or spurred separate development.

All of which makes sense given that there isn’t one dominant location in Tampa which all but demands development there. Tampa has a few different areas that might make sense and the place is generally more spread out than older cities. It also makes sense for the Rays’ owners who are likely well aware that being in the real estate business is just as good for them as being in the baseball business.

Will anyone EVER break that record that was broken nine years ago?

Hank Aaron
Associated Press
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In 2007, Barry Bonds hit his 756th home run. He would go on to hit six more, finishing his career with 762. That was nine years ago and, at present, the active home run leader is nearly 80 homers behind him and no sure bet to come close. The next closest guy is over 200 homers back and clearly entering a period of decline.

All of which raises the question: will anyone EVER pass the home run total of Hank Aaron, who is in second place on that list?

Maybe you think that’s not really a pertinent question. We tend not to ask whether people who do not, by any objective measure, hold a record will have their records surpassed. But you’d be wrong. Why, just today, on Hank Aaron’s 82nd birthday, at least two journalists speculated whether anyone would ever become the all-time second place home run king:

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That’s from Cliff Corcoran at Sports Illustrated. As always, it’s excellent work from Cliff. Right up there with his seminal “will anyone ever catch Lou Brock in stolen bases?” and “who can catch Trevor Hoffman in career saves?” pieces.

Then there’s Dave O’Brien of the Atlanta Journal-Constitution, who approves of the question posed and has his own response:

You can imagine how those tweets were received by those parts of Twitter who are all about PED apologia, math, objective standards, noting that Aaron admitted that he took a PED that would have him banned today too and stuff like that. As always, these things get ugly.

Not that they have to be. It’s almost as if, if one were to try, one could celebrate the amazing inner-circle Hall of Fame career of Hank Aaron, full as it is with nearly unsurpassed accomplishment, without applying a revisionist gloss to the one accomplishment that, according to all objective measures and the accounting of Major League Baseball, has been surpassed. That one could talk about Aaron without slagging on Bonds.