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.


The Cubs clinch World Series berth with NLCS Game 6 win

CHICAGO, IL - OCTOBER 22:  The Chicago Cubs celebrate defeating the Los Angeles Dodgers 5-0 in game six of the National League Championship Series to advance to the World Series against the Cleveland Indians at Wrigley Field on October 22, 2016 in Chicago, Illinois.  (Photo by Dylan Buell/Getty Images)
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After 71 years, the Cubs are headed back to the Fall Classic.

The dominance with which Clayton Kershaw attacked the Cubs in Game 2 of the NLCS was nonexistent in Game 6 as the Dodgers’ ace loaded the bases to start the first inning and scattered five extra bases and five runs over five frames. By the time Dave Roberts pulled his starter in the sixth inning, Kershaw was sitting on a Game Score of 33, the lowest he’s mustered since the start of the 2015 season. Only one of his strikes came via curveball, and whether he was having difficulty locating his off-speed stuff or felt more confident with the fastball-slider combo, it was the fewest curves he’d seen land for strikes all year (per David Adler).

Where the Dodgers were able to give Kershaw the edge in Game 2, they found themselves powerless against opposing hurler Kyle Hendricks. Hendricks turned out 7 1/3 scoreless frames with two hits and six strikeouts, preserving the Cubs’ second shutout of the postseason and the first since they bested the Giants in Game 1 of the NLDS. After his 1-0 loss to the Dodgers early in the NLCS, seeing the MLB ERA leader turn out a gem was a relief for the Cubs, especially one as spectacular as an 88-pitch two-hitter.

With Hendricks effectively stymieing the Dodgers’ best attempts to get on base, the Cubs played to their strengths at the plate. Kris Bryant and Ben Zobrist cleared the bases in the first inning for a two-run lead, followed by a Dexter Fowler RBI single in the second. Willson Contreras came through in the fourth inning for the Cubs, lifting an 87 m.p.h. slider to left field for his first home run of October, while Anthony Rizzo hit his second homer of the postseason on a 1-1 fastball in the fifth.

Neither bullpen allowed a single run from the sixth inning onward. Dodgers’ right-hander Kenley Jansen took the ball from Kershaw in the sixth, scattering four strikeouts over three innings and denying the Cubs so much as a single baserunner through the end of the game. Aroldis Chapman, meanwhile, issued just one walk in 1 1/3 scoreless frames, inducing a Yasiel Puig double play to clinch the Cubs’ 17th franchise pennant.

With the win, the Cubs will face off against the Indians in Game 1 of the World Series on Tuesday at 8 PM EDT. And, in case you needed a reminder:

Video: Willson Contreras blasts first postseason home run off of Kershaw

CHICAGO, IL - OCTOBER 22:  Willson Contreras #40 of the Chicago Cubs celebrates after hitting a solo home run in the fourth inning against the Los Angeles Dodgers during game six of the National League Championship Series at Wrigley Field on October 22, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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So much for Clayton Kershaw posing a threat tonight. The Cubs got their knocks in early and often against the Dodgers’ ace during Game 6 of the NLCS, racking up three runs in the first three innings before rookie catcher Willson Contreras unleashed his first postseason home run in the bottom of the fourth inning.

According to’s Phil Rogers, Contreras became the 10th Cub to homer in the 2016 playoffs, following big hits by Addison Russell, Anthony Rizzo, Dexter Fowler, Miguel Montero, David Ross, Jake Arrieta, Kris Bryant, Travis Wood, and Javier Baez. Of the ten home run hitters, Contreras joins catchers David Ross and Miguel Montero as yet another backstop capable of driving the long ball (and, less importantly, as another player capable of a sweet, sweet bat flip).

Rizzo, whose last homer was a deep drive to right field off of Los Angeles right-hander Pedro Baez in Game 4 of the NLCS, piled on Kershaw’s five-run outing with another home run in the bottom of the fifth inning. Kershaw called it a night after five frames, and the Cubs currently lead the Dodgers 5-0 in the sixth inning.