Barry Bonds court appearance

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.

Orioles re-sign Michael Bourn to a minor league deal

TORONTO, ON - OCTOBER 04:  Michael Bourn #1 of the Baltimore Orioles hits a single in the fifth inning against the Toronto Blue Jays during the American League Wild Card game at Rogers Centre on October 4, 2016 in Toronto, Canada.  (Photo by Tom Szczerbowski/Getty Images)
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The Orioles have re-signed outfielder Michael Bourn to a minor league contract with an invitation to major league camp, MASN’s Roch Kubatko reports.

Bourn, 34, joined the Orioles last year in a trade from the Diamondbacks on August 31. Though he compiled a meager .669 OPS with the Diamondbacks, Bourn hit a solid .283/.358/.435 in 55 plate appearances with the O’s through the end of the season.

Bourn, a non-roster invitee to camp, will try to play his way onto the Orioles’ 25-man roster. If he does make the roster, Bourn will receive a $2 million salary, Jon Heyman of FanRag Sports points out.

Shelby Miller is in the best mental shape of his life

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller had about as bad a season as one can have. He was the headliner in the trade that sent 2015 No. 1 overall pick Dansby Swanson, All-Star outfielder Ender Inciarte, and highly-regarded pitching prospect Aaron Blair to the Braves. It was a trade that was pilloried at the time and continues to be pilloried to this day.

Miller didn’t do then-GM Dave Stewart any favors with his 2016 performance. He went 3-12 with a 6.15 ERA and a 70/42 K/BB ratio over 101 innings. That included a bout with mechanical failure, as he kept hitting the mound with his follow-through. He went on the disabled list. And after that, he was demoted to Triple-A. After getting fired, Stewart expressed remorse over acquiring Miller — or, more accurately, giving up Swanson to do so.

So, the 26-year-old Miller heads into 2017 without any momentum. To his credit, though, he’s going into the new season with a very positive perspective. Via Ken Rosenthal of FOX Sports:

I’m just in a really happy place, away from the field, on the field. […]

Maybe it’s just the way I go about everything, trying to be positive in every single aspect of life. Baseball’s not perfect. I’m not perfect. I know bumps in the road are going to happen. Last year was obviously not just a bump, but a huge mountain. Right now, that’s completely behind me. I’m not worried about any of that.

I’m really ready for this year, ready to redeem myself so much.

Even pitching coach Mike Butcher sees the change in Miller’s mentality. “He’s not a different guy. But you can see there’s a presence in him. That’s what we need. Just be Shelby Miller. You don’t have to live up to anything. Just be yourself.”

Manager Torey Lovullo, too, praised Miller. “I saw a guy who had spent a lot of time taking care of his business in the weight room — he looks fantastic, in fantastic shape,” he said.

It sounds like Miller is not only in great mental shape, but great physical shape, too. Is it the “best shape of his life”? Only time can tell.