Some fun evidentiary fights in the Barry Bonds trial

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There’s an article in the New York Daily News today that gives a rundown of some of the evidentiary fights the Barry Bonds prosecution and defense are having.  Among them:

  • Bonds’ ex-girlfriend Kimberly Bell posed in Playboy and told them her story back in 2007. The government wants Bonds barred from mentioning that and showing photos from the magazine;
  • The prosecution wants Bell to testify about Bonds being mean and disrespectful to others, that his temperament changed over time and that he once threatened someone with violence;
  • The government wants to present photos of Bonds from various stages of his career to show the changes in his physique; and
  • The government wants the judge to disallow Bonds’ attorneys from suggesting that the government had a vendetta against Bonds and singled him out for prosecution.

Litigation is rough business, obviously, and of course each side is going to try to get in anything they can to win. But these particular evidentiary fights — however the law demands that they be decided — do paint an illuminating picture of how absurd this prosecution really is.

An allegedly key witness told her story once for profit and fame, but prosecutors want to keep anyone from using that to attack her credibility. Of course, this whole prosecution is about bringing down a famous person, so it’s amusing that Bonds probably won’t be allowed to go there.

Saying a prosecution is a vendetta or that a defendant was singled-out is generally not admissible, but it’s certainly the case that those less famous than Bonds who testified most similarly to Bonds such as Benito Santiago aren’t in the dock. There is no escaping that Bonds was singled out here — it’s probably the biggest thing animating the general zeitgeist of the thing —  so, again, it’s amusing in a pathetic sort of way that Bonds probably won’t be allowed to go their either.

Evidentiary rules generally prohibit prosecutors from putting on evidence of a witness’ character when those character traits have nothing to do with the charges, but the prosecution wants to tell the jury that Bonds was a meany-head.  Maybe this comes in as evidence of “roid rage,” but I don’t see how this isn’t the same thing as the prosecution telling the jury that Bonds is just a bad seed, so you probably should just convict him.

Finally, anyone who knows anything about athletes and steroids knows that it’s possible for someone to take steroids and not have dramatic changes to their physique. Indeed, we mock the sports writers who play that “that dude got huge, so he must be juicing” game.  But really, that’s a big part of the prosecution’s game here. The prosecution is basically Murray Chass.

Maybe the prosecution should, legally speaking, win all of these battles.  But the issues they’re raising seem to say more about the nature of the Barry Bonds prosecution than they do about whether Barry Bonds lied under oath.

The Mariners and Cardinals make a minor trade

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The Seattle Mariners and the St. Louis Cardinals have made a minor trade. Seattle has acquired lefty Marco Gonzales from the Cardinals in exchange for outfielder Tyler O’Neill.

Gonzales, the Cardinals’ first round pick out of Gonzaga back in 2013, is in his first season back from Tommy John surgery. It’s been a good season, in which he has posted a 2.78 ERA and 64/17 K/BB ratio over 74.1 innings across two minor league levels. He’s pitched one game for St. Louis this year and got shelled, but we’ll leave that go.

O’Neill is a third rounder from 2013. He has hit .269/.344/.505 in five minor league seasons. He’s holding his own in Triple-A this year, smacking 19 homers in 93 games.

Topps has eliminated Chief Wahoo from both new and throwback card designs

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I’ve been out of the baseball card game for a good long time, but despite this — maybe because of this — I enjoy the posts from SABR’s Baseball Card Committee. A lot of that is old time stuff that old men like me enjoy — check out the airbrushing on the “Traded” cards! — but they talk about new cards too. Definitely worth your time if cards are now or have ever been your bag.

Today there’s an interesting post, pointing out something most of us wouldn’t have otherwise noted: Topps has dropped Chief Wahoo from Indians card designs. They’re doing it for the old Braves “screaming Indian” logo as well, though the Braves no longer use that themselves.

They’re not airbrushing these logos out of photos of players — that would be Orwellian even for my extreme Wahoo-hating tastes — but in card designs which have team logos, Topps is using the block-C logo, not Wahoo, and the Braves “A” logo in place of the old logo. This includes throwback issues like the Heritage sets which put modern players on card designs from the 1950s-1960s and on simple retro designs like their 1987 variations. Any cards which once featured Wahoo on the border or on the back now features the block-C.

As you may or may not know, Topps is now the official card producer for Major League Baseball. As such, I take their doing this as a sign that MLB is continuing the slow process of de-Chiefing in whatever areas it has ultimate say.

Now if only the Indians themselves would get on board.