Barry Bonds suit

Bonds prosecutors get an evidentiary win


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.


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.


Blue Jays showing interest in Ryan Madson

Ryan Madson
AP Photo/Orlin Wagner
Leave a comment

ESPN’s Jerry Crasnick reports that the Blue Jays are on the prowl for relievers with closing experience. Ryan Madson is one of the names on their list.

Madson, 35, had a career rebirth with the Royals in 2015. He signed a minor league deal with the club that paid him a salary of $850,000 if he made it back to the majors. Due to a plethora of arm injuries, Madson hadn’t pitched in the majors since Game 5 of the 2011 NLDS against the Cardinals as a member of the Phillies. For the Royals, he wound up becoming a crucial member of the bullpen, finishing with a 2.13 ERA and a 58/14 K/BB ratio over 63 1/3 innings.

While Madson allowed five runs in 8 1/3 post-season innings, he pitched well when it mattered most, as he hurled three scoreless frames in three appearances in the World Series against the Mets.

Madson has closing experience, with 55 career saves. 32 of them came in 2011 when he took over the closer’s role from Brad Lidge.

After signing Marco Estrada and J.A. Happ, and trading for Jesse Chavez, the Jays have bolstered their rotation but it was reported on Saturday that interim GM Tony LaCava is still focused on upgrading the pitching staff.

Trevor Cahill considering the Pirates as a potential destination

Trevor Cahill
AP Photo/Paul Beaty
1 Comment

ESPN’s Buster Olney reports that free agent pitcher Trevor Cahill is looking for a one-year, bounce-back deal. The Pirates are one of the potential teams he is considering.

It’s no surprise that the Pirates are on Cahill’s list. Pirates pitching coach Ray Searage has garnered a reputation as a miracle worker after turning around the careers of a handful of pitchers, including Edinson Volquez, Francisco Liriano, and J.A. Happ. Volquez parlayed a one-year, $5 million deal with the Pirates into a two-year, $20 million deal with the Royals last December. Liriano signed with the Pirates on a one-year, $1 million contract and turned that into a three-year, $39 million deal. Happ, dealt to the Pirates from the Mariners at the most recent trade deadline, just signed a three-year, $39 million contract with the Blue Jays.

Cahill, once a highly-regarded pitching prospect, has scuffled over parts of seven seasons in the majors. The 27-year-old owns a career 4.13 ERA with a 754/427 K/BB ratio in 1,083 2/3 innings. Cahill had some brief success after signing with the Cubs as a free agent in mid-August, compiling a 2.12 ERA in 11 appearances out of the bullpen.

Blue Jays narrow GM search to two candidates: Tony LaCava and Ross Atkins

Tony LaCava
AP Photo/Wilfredo Lee

Jon Heyman of CBS Sports reports that the Blue Jays have narrowed their search for a new general manager down to two candidates: current interim GM Tony LaCava, and Indians vice president of player personnel Ross Atkins. Former Jays GM Alex Anthopoulos resigned last month.

LaCava was promoted to interim GM on November 2 and has already made a handful of moves along with new president Mark Shapiro. The club acquired Jesse Chavez in a trade and signed pitchers Marco Estrada and J.A. Happ to multi-year deals.

Atkins worked under Shapiro in the Indians organization for 15 seasons, so it is no surprise that he is a finalist for the open GM position.

The Diamondbacks met with Johnny Cueto’s agent

AP Photo/David Goldman

Update (7:58 PM EST): Nick Piecoro of the Arizona Republic reports that Diamondbacks GM Dave Stewart met with Cueto earlier this month in the Dominican Republic and made a contract offer that the right-hander turned down. The Diamondbacks maintain interest in the free agent.


Ken Rosenthal of FOX Sports reports that the Diamondbacks spoke with Bryce Dixon, the agent of free agent starter Johnny Cueto. However, Rosenthal notes that Cueto’s price tag is expected to exceed the Diamondbacks’ comfort level.

Cueto, 29, is one of a handful of highly touted starting pitchers in this offseason’s free agent class. He is joined by David Price and Zack Greinke, among others. Jordan Zimmermann inked a deal in the neighborhood of $110 million over five years with the Tigers on Sunday morning, which will serve as a barometer for Cueto.

Cueto finished the 2015 regular season, between the Reds and the Royals, with a 3.44 ERA and a 176/46 K/BB ratio over 212 innings. He made 13 shaky starts with the Royals, but outside of a shellacking in Game 3 of the ALCS against the Blue Jays, pitched well in the post-season. Cueto pitched a complete game in Game 2 of the World Series against the Mets, helping put the Royals up two games to none at the time.

As a result of switching teams during the season, Cueto was not eligible to receive a $15.8 million qualifying offer. This means that Cueto, unlike Zimmermann for example, does not come attached with draft pick compensation.