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.

 

Colin Rea loses no-hit bid in the seventh against the Mets

San Diego Padres starting pitcher Colin Rea works against a Pittsburgh Pirates batter during the first inning of a baseball game Tuesday, April 19, 2016, in San Diego. (AP Photo/Gregory Bull)
AP Photo/Gregory Bull
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Update (12:01 AM EDT): And it’s over. Yoenis Cespedes drove a ground ball single to right field with two outs in the seventh inning to end Rea’s no-hit bid.

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Padres starter Colin Rea has tamed the hot-hitting Mets lineup so far this Thursday night. The right-hander has walked only one, the lone batter above the minimum he has faced. Rea has also struck out three while accumulating 76 pitches.

The Padres’ offense provided Rea with five runs of support, scoring once in each of the first, second, and third, as well as twice in the sixth. Wil Myers smacked a solo homer off of Jacob deGrom in the first inning. Rea helped himself with an RBI single in the second, Alexei Ramirez brought in a run with a double in the third, Derek Norris drove a solo homer in the sixth, and Jon Jay shortly thereafter hit an RBI double.

The Mets entered play Thursday tied for the National League lead in home runs hit as a team with 40. Rea, meanwhile, came into Thursday’s action with a 4.61 ERA and a 22/13 K/BB ratio in 27 1/3 innings spanning five starts and one relief appearance.

If Rea is able to complete the job, he would become the first pitcher in Padres history to throw a no-hitter. Jake Arrieta threw the first no-hitter of the 2016 season on April 21 against the Reds.

We’ll keep you updated as Rea attempts to navigate through the final three innings.

Jason Heyward hopes to return to Cubs’ lineup on Friday

Chicago Cubs' Jason Heyward hits a double to drive in Dexter Fowler off Cincinnati Reds relief pitcher J.J. Hoover during the ninth inning of a baseball game, Friday, April 22, 2016, in Cincinnati. The Cubs won 8-1. (AP Photo/John Minchillo)
AP Photo/John Minchillo
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Cubs outfielder Jason Heyward hasn’t played since Sunday due to a sore right wrist, but he’s hoping to be included in his team’s lineup on Friday, MLB.com’s Carrie Muskat reports. Matt Szucur, Ben Zobrist, and Kris Bryant have handled right field while Heyward has been out.

Heyward, 26, has gotten off to a disappointing start, as he’s batting .211/.317/.256 with only four doubles, no home runs, and 13 RBI in 104 plate appearances. He signed an eight-year, $184 million contract with the Cubs back in December.

Heyward said he hurt his wrist putting emphasis on it during hitting drills. He said, “I was doing some work off the tee and doing a drill with a donut on the bat, swinging, trying to stay through the middle, and I put more emphasis on [his wrist] and strained it from that.”

Cardinals plan to get creative to keep Aledmys Diaz in the lineup

St. Louis Cardinals' Jedd Gyorko high-fives with Matt Carpenter as they and Aledmys Diaz, center, leave the field following the Cardinals' 11-2 victory over the San Diego Padres in a baseball game Saturday, April 23, 2016, in San Diego. (AP Photo/Lenny Ignelzi)
AP Photo/Lenny Ignelzi
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Cardinals shortstop Jhonny Peralta is expected to return from the disabled list in early June, which means current shortstop Aledmys Diaz would return to the bench. There’s only one problem: Diaz has been one of the best hitters in baseball. The 25-year-old owns a sparkling .381/.422/.679 triple-slash line with 14 extra-base hits (including five homers) in 90 plate appearances.

The Cardinals plan to get creative to keep Diaz’s bat in the lineup. Per Jon Morosi of FOX Sports, the club is considering using Peralta at first and third base. Peralta, 33, last played third base in 2010 with the Indians and Tigers. He has logged only three games and nine total defensive innings at first base in his major league career.

Diaz isn’t about to displace Peralta. Last season, Peralta was one of the best-hitting shortstops, finishing with a .275/.334/.411 triple-slash line with 17 home runs and 41 RBI in 640 plate appearances. He was even more productive in 2014, his first year with the Cardinals.

Chris Bassitt will undergo Tommy John surgery on Friday

Oakland Athletics pitcher Chris Bassitt sits in the dugout after being relieved against the Detroit Tigers in the fourth inning of a baseball game in Detroit, Thursday, April 28, 2016. (AP Photo/Paul Sancya)
AP Photo/Paul Sancya
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Athletics pitcher Chris Bassitt will undergo season-ending Tommy John surgery on Friday, MLB.com’s Jane Lee reports. He was diagnosed with a partially torn ulnar collateral ligament over the weekend, so this news doesn’t come as much of a surprise.

Bassitt, 27, is certainly out for the remainder of the 2016 season and will likely miss a sizable portion of the 2017 season as well. The right-hander made five starts for the A’s to begin the season, but put up an ugly 6.11 ERA with a 23/14 K/BB ratio in 28 innings.

Jesse Hahn took Bassitt’s spot in the Athletics’ starting rotation. Hahn is expected to start next on Saturday versus the Orioles.