Barry Bonds suit

Bonds prosecutors get an evidentiary win

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Yesterday I outlined some of the things I thought were on the silly side when it came to the evidentiary battles in the Barry Bonds prosecution.  There was a ruling yesterday, however, that is not at all silly. At least if you’re Barry Bonds:  the judge will allow prosecutors to play a recording to the jury in which Bonds’ trainer Greg Anderson tells former Bonds business partner Steve Hoskins that he injected Bonds with undetectable steroids.  The transcript of the recording, which was unsealed a couple of years ago, is as follows:

Anderson: [E]verything I’ve been doing at this point is undetectable.

Hoskins:Right.

Anderson: See, the stuff that I have . . . we created it. And you can’t, you can’t buy it anywhere. You can’t get it anywhere else. But, you can take it the day of and pee.

Hoskins: Uh-huh.

Anderson: And it comes up with nothing.

Hoskins: Isn’t that the same [expletive] that Marion Jones and them were using?

Anderson: Yeah same stuff, the same stuff that worked at the Olympics.

That recording was the subject of a boatload of litigation by Anderson in connection with his own conviction several years ago. He contended that it was illegally obtained by Hoskins, though ultimately the court did not agree.  Even so, the judge presiding over those proceedings called the tape “as worthless a piece of evidence as I’ve ever seen.”

Maybe that’s so in connection with Anderson’s prosecution, but it’s damaging to Bonds.  Not mortally so in that nothing on the tape speaks to Bonds’ knowledge of what he was being injected with and that’s what’s at issue here.  Indeed, Bonds has long claimed that he knew nothing about what Anderson gave him. The only person who can truly prove that Bonds is lying about that is Anderson and he’s not testifying. But in some ways a tape of Anderson talking about all of this may be more damaging than him actually being there. There’s an illicit quality to it, ya know? It’s all so CSI and juries love that.

Still, I don’t think the case is going to turn on the tape for a couple of reasons.  One reason is that, if Bonds’ lawyers are smart, they’ll paint the absent Anderson as a malevolent figure from the outset.  They can’t and won’t claim that Bonds never took steroids — even Bonds himself suggested in his grand jury testimony that, yeah, in hindsight he did take steroids — they’re claiming that he never knew.  In doing that they’re going to portray Anderson as some training Svengali to whom Bonds simply abdicated his decision making.  You or I may not believe it — I don’t* — but that’s their case. It has to be their case.

And it’s an all or nothing case.  It’s a case that will have to gain purchase in the jury’s mind early.  If it’s doubted at all from the outset — from opening arguments on — there is nothing the defense can do to rehabilitate it because they have no evidence themselves that affirmatively establishes Bonds’ ignorance.  How could they?

At the same time, if the jury believes the defense it will likewise believe it from the beginning . If the jury believes the general idea — if it buys the theme — there is nothing the prosecution can do to rehabilitate its own case because the prosecution has no evidence that affirmatively shows’ Bonds’ knowledge. Not even this tape, which doesn’t speak at all to what Barry Bonds knew.

Indeed, I think that by the time the tape is played, the jury will have made up its mind one way or another. If they’re skeptical of Bonds’ overall defense to begin with, the tape will bolster that skepticism. If they believe Bonds they will dismiss it because it doesn’t jibe with their assumptions.  I don’t see it as a game-changer.

*The fact that I say I don’t believe Bonds didn’t know what he was taking may surprise you given how pro-Bonds I’ve been though this whole prosecution.  That opens up a whole different topic.  One that’s complicated enough that I think is worth its own post.  A post that I’ll put up in a few minutes.

 

What’s on Tap: Previewing Tuesday’s action

LOS ANGELES, CA - AUGUST 24:  Rich Hill #44 of the Los Angeles Dodgers in the third inning of the game against the San Francisco Giants at Dodger Stadium on August 24, 2016 in Los Angeles, California.  (Photo by Jayne Kamin-Oncea/Getty Images)
Jayne Kamin-Oncea/Getty Images
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Rich Hill made his long-awaited Dodgers debut last Wednesday, out-dueling Giants starter Johnny Cueto. The lefty hurled six shutout innings, yielding only five hits (all singles) with no walks and three strikeouts. Of the 81 pitches he threw, a whopping 32 (39.5 percent) were curves compared to 41 fastballs.

That’s been the trend for Hill over his career, spanning parts of 12 seasons: highly reliant on the curve. It’s worked out well since resurrecting his career last year with the Red Sox and continuing it this season before the Athletics sent him along with outfielder Josh Reddick to the Dodgers on August 1.

As we’ve noted in this space several times, the Dodgers have dealt with more than their fair share of injury woes, including to ace Clayton Kershaw. The club has used 30 different pitchers, including 14 different starters. Yet they enter Tuesday’s game against the Rockies a game and a half ahead of the Giants for first place in the NL West. While the NL East, NL Central, and AL West races aren’t particularly interesting at this point, the NL West division race figures to be one of the most enthralling over the final month-plus of the season.

Hill will oppose the Rockies’ Tyler Anderson at Coors Field in an 8:40 PM EDT start. The second-place Giants will send Johnny Cueto to the hill at home to oppose the Diamondbacks Zack Greinke in a 10:15 PM EDT start.

The rest of Tuesday’s action…

Toronto Blue Jays (J.A. Happ) @ Baltimore Orioles (Ubaldo Jimenez), 7:05 PM EDT

Washington Nationals (Max Scherzer) @ Philadelphia Phillies (Jerad Eickhoff), 7:05 PM EDT

Chicago White Sox (Anthony Ranaudo) @ Detroit Tigers (Daniel Norris), 7:10 PM EDT

Miami Marlins (Tom Koehler) @ New  York Mets (Seth Lugo), 7:10 PM EDT

Minnesota Twins (Andrew Albers) @ Cleveland Indians (Josh Tomlin), 7:10 PM EDT

San Diego Padres (Edwin Jackson) @ Atlanta Braves (Julio Teheran), 7:10 PM EDT

Tampa Bay Rays (Jake Odorizzi) @ Boston Red Sox (Drew Pomeranz), 7:10 PM EDT

Pittsburgh Pirates (Chad Kuhl) @ Chicago Cubs (Kyle Hendricks), 8:05 PM EDT

Seattle Mariners (James Paxton) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Oakland Athletics (Kendall Graveman) @ Houston Astros (Collin McHugh), 8:10 PM EDT

St. Louis Cardinals (Adam Wainwright) @ Milwaukee Brewers (Wily Peralta), 8:10 PM EDT

New York Yankees (Masahiro Tanaka) @ Kansas City Royals (Edinson Volquez), 8:15 PM EDT

Cincinnati Reds (Tim Adleman) @ Los Angeles Angels (Jered Weaver), 10:05 PM EDT

Tim Tebow’s workout: power, speed but not much else

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Tim Tebow is, as we speak, working out for some 40 scouts from 20 organizations and an untold number of members of the media. So far he has run and jumped and thrown and, in a moment or two, will take his hacks. First BP swings, then live, full-speed BP off of a couple of former major leaguers.

His 60 yard dash time was supposedly excellent. On the 80-20 scouting scale he’s supposedly in the 50-60 range, according to people tweeting about it who know what they’re talking about. The guy is certainly big and strong and in amazing shape and that’s not nothing.

Also this:

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That’s from MLB’s Twitter, which provides us with some more in-action shots.

Here he is playing right field out there in the distance someplace:

UPDATE: Tebow’s workout is over. On the “pro” side, based on the assorted tweets of journalists in attendance, many based on quick conversations with scouts in attendance, Tebow’s power was described as “nuclear,” and graded out at an 80 for at least one scout. That’s as good as it gets. The speed in the 60, as mentioned above, was also excellent.

On the “con” side was his fielding, which was considered sub-par, with a scout saying that his routes were circuitous and inefficient and his arm, while alright, was nothing special, especially for a guy of his obvious physical strength.

As far as non-power hitting goes, it was also not great. His stance was very, very wide and did not leave much room for adjustments, scouts said. This was born out by his being fairly consistently baffled by former big leaguer David Aarsdma’s changeup, at which he swung-and-missed three of four times. He was one for six in simulated at bats against minor league journeyman Chad Smith, with that one hit being a single. He also drew a walk.

Maybe that power — both hitting power and star power — is too great for an organization to ignore. Maybe someone takes a chance. But as a prospect Tim Tebow sure sounds a lot like a big strong fast guy who probably doesn’t have a ton of baseball skills.