Barry Bonds suit

Get ready, kids: Barry Bonds’ trial is right around the corner


It seems like years ago that Barry Bonds was indicted for perjury. Oh, wait, it was years ago. Three-and-a-half to be exact.  But though the wheels of justice grind slowly, boy do they grind, and they’ve almost delivered us to Barry Bonds’ trial, which gets underway on March 21st.

But first, some preliminary rulings, a few of which came today:  the prosecution will — over Bonds’ objections — be able to call other ballplayers who trained with Greg Anderson, including Jason Giambi, Jeremy Giambi, Marvin Benard and Bobby Estalella.  They will not, however, be able to introduce a boatload of documentary evidence they claim proves that Barry Bonds knowlingly used PEDs.  The reason: as has long been the case, Greg Anderson is still not testifying, therefore the documents — which he created — cannot be authenticated, and are thus inadmissible hearsay.

I’ll obviously be following the trial as closely as the Internet will allow — oh, please don’t send me on an all-expenses-paid trip to San Francisco, my NBC overlords! Don’t throw me into that brier patch — but for now I’ll refresh you on my overall take of things so as to avoid confusion going forward:

Barry Bonds took the Cream and the Clear. It’s been painstakingly researched and written about. He admitted under oath that, yeah, there was probably stuff that he took that he subsequently learned were something other than flaxseed oil. There isn’t a truly reasonable debate to be had along the lines of “did he take PEDs,” and that question really has no bearing on this trial whatsoever, so don’t take my criticism of the current prosecution as a denial of the bleedin’ obvious;

Steroids or not, I don’t think the prosecution had a good perjury case from the moment Bonds was indicted.  As I’ve written before, the relevant question is whether Barry Bonds knew he was taking steroids prior to December 4, 2003. Or, more to the point, a case about whether the government can prove that he knew he was taking steroids prior to December 4, 2003.  On that point, I think it’s a weak case because the government’s questions during the grand jury proceedings were terribly vague, Bonds’ answers were boringly circuitous, and the government didn’t do much to try to nail him down. I explained all of that here a couple of years ago.

Do I think Bonds lied under oath?  Having read the entirety of his testimony I think he was probably trying to do his best to avoid having to. And I think that, because of the sloppy questioning, he avoided the sorts of unequivocal falsehoods that are usually the subject of perjury prosecutions.  Most of the time a case with these broad, compound  questions and these circular answers doesn’t get charged. It’s too borderline.  But this is a celebrity here, and this was a Novitzky investigation, so they’re going for broke. And they’re doing it without the one witness — Greg Anderson — who can make their case.

Overall I think this is a wasteful prosecution, and it was made wasteful because of government sloppiness and the lack of a true law enforcement imperative at work, which led to prosecutors handling the grand jury proceedings as if there were unimportant. All of the BALCO people who were the targets of that grand jury have been tried, convicted and have served their time and are going on with their lives. This is a seven-year-old hangover, and such things are a recipe for a misuse of the justice system and bad justice issuing therefrom.

Under those circumstances, I don’t think Bonds should be prosecuted. Even as it is, I don’t think it’s anywhere close to certain that the prosecution can get a conviction.  But hey, that’s why they play the game!

Tigers in discussions with Jordan Zimmermann

Jordan Zimmermann
AP Photo/Alex Brandon

Jon Morosi of FOX Sports reports that the Tigers are in discussions with free agent starter Jordan Zimmermann. His sources have told him that the talks have become “serious”.

Zimmermann, 29, has a career 3.32 ERA across parts of seven seasons in the majors. He finished fifth in National League Cy Young Award balloting in 2014, finishing with a 2.66 ERA and a 182/29 K/BB ratio over 199 2/3 innings.

Among starters who have amassed at least 1,000 innings since 2009, only Cliff Lee, Dan Haren, Madison Bumgarner, and Zack Greinke have compiled a better strikeout-to-walk ratio than Zimmermann’s 4.09. While he doesn’t have the star power of other free agents such as Greinke or David Price, the Tigers would certainly improve their rotation by bringing him on board.

Blue Jays still focused on upgrading their pitching

Marco Estrada
AP Photo/LM Otero

Having already added Jesse Chavez and J.A. Happ to the mix and re-signing Marco Estrada early in the offseason, Blue Jays interim GM Tony LaCava said the team will continue to pursue pitching upgrades, as Sportsnet’s Ben Nicholson-Smith reports. Nicholson-Smith added that LaCava declined to comment on free agent ace David Price. It is believed that the Jays will not pursue Price and other big-name free agent starting pitchers given their November activity.

The Jays re-signed Estrada to a two-year, $26 million deal on November 13, acquired Chavez from the Athletics in exchange for reliever Liam Hendriks on November 20 and signed Happ to a three-year, $36 million deal on Friday.

Nicholson-Smith notes in a column on Sportsnet that the Jays need to address the bullpen in particular. That is especially true after swapping Hendriks, who had a career-best 2.92 ERA out of the Jays’ bullpen in 2015, for a back-end starting pitcher.

Report: Jonathan Papelbon is “untradeable”

Jonathan Papelbon
AP Photo/Jacquelyn Martin

Jon Heyman of CBS Sports spoke to an anonymous baseball executive, who said that Nationals closer Jonathan Papelbon is “untradeable”. The Nationals are hoping to trade both Papelbon and the man he displaced, Drew Storen.

Papelbon has a poor reputation in baseball, particularly after a dugout altercation with superstar outfielder Bryce Harper. Focusing strictly on what he does on the field, Papelbon still gets the job done. The 35-year-old finished the last season with a combined 2.13 ERA, 24 saves, and a 56/12 K/BB ratio over 63 1/3 innings between the Phillies and Nationals.

The Nationals owe Papelbon $11 million for the 2016 season.

Minor league home run king Mike Hessman retires

NEW YORK - JULY 29:  Mike Hessman #19 of the New York Mets bats against the St. Louis Cardinals on July 29, 2010 at Citi Field in the Flushing neighborhood of the Queens borough of New York City. The Mets defeated the Cardinals 4-0.  (Photo by Jim McIsaac/Getty Images)
Jim McIsaac/Getty Images

Baseball America’s J.J. Cooper reports that corner infielder Mike Hessman has retired from professional baseball after 20 seasons. Hessman hit 433 home runs in the minor leagues, an all-time record. He broke Buzz Arlett’s record this past August and with style as #433 was a grand slam.

Hessman, 37, was selected in the 16th round of the 1996 draft by the Braves and remained with the organization through the 2004 season. He then went to the Tigers from 2005-09, the Mets in 2010, then drifted into the Astros and Reds’ farm systems before returning to the Tigers for the last two years.

Hessman took 250 plate appearances at the major league level, batting .188/.272/.422 with 14 home runs and 33 RBI.