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.

 

Blue Jays activate Jose Bautista from the disabled list

PHILADELPHIA, PA - JUNE 16: Jose Bautista #19 of the Toronto Blue Jays flips his hat off while walking from the dugout to the clubhouse after getting injured in the seventh inning against the Philadelphia Phillies at Citizens Bank Park on June 16, 2016 in Philadelphia, Pennsylvania. (Photo by Drew Hallowell/Getty Images)
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The Blue Jays announced on Monday that outfielder Jose Bautista has been activated from the 15-day disabled list. To create room on the roster, the club designated outfielder Junior Lake for assignment and optioned 1B/OF Chris Colabello to Triple-A Buffalo.

Bautista was sidelined for five weeks dealing with turf toe, suffered when he banged his left foot against the base of the wall in right field at Citizens Bank Park. He’ll return hitting .230/.360/.455 with 12 home runs and 41 RBI in 286 plate appearances.

Neither Lake nor Colabello provided much in their time with the Jays. Colabello, who served an 80-game suspension after testing positive for a performance-enhancing drug, had just two singles, two walks, and an RBI in 32 plate appearances. Lake hit .206 with a home run in 38 PA.

Marlins showing interest in Mariners’ Miley, Phillies’ Hellickson

SEATTLE, WA - JUNE 29: Starting pitcher Wade Miley #20 of the Seattle Mariners walks off the field during a game against the Pittsburgh Pirates at Safeco Field on June 29, 2016 in Seattle, Washington. The Pirates won the game 8-1. (Photo by Stephen Brashear/Getty Images)
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Clark Spencer of the Miami Herald reported on Monday morning that the Marlins are considering Mariners starter Wade Miley as a potential upgrade to the starting rotation. Bob Nightengale of USA TODAY reported on Sunday that the Phillies were scouting the lower level of the Marlins’ minor league system in preparation of a potential trade involving starter Jeremy Hellickson.

The Marlins were already on the prowl for rotation help before putting Wei-Yin Chen on the disabled list on Sunday due to a sprained left elbow. Behind Jose Fernandez and Adam Conley, the rotation is underwhelming as Tom Koehler has a 4.42 ERA, Jose Urena 5.34, and Jarred Cosart 7.98 albeit over three starts.

Miley, 29, will earn $8.75 million next season and has a club option for the ’18 season worth $12 million with a $500,000 buyout. This year, his first with the Mariners, the lefty has posted a disappointing 5.23 ERA with a 73/33 K/BB ratio in 105 innings.

Hellickson, 29, is owed the remainder of his $7 million salary for this season and will be eligible for free agency heading into 2017. The former Rookie of the Year Award winner been a reliable innings-eater for the Phillies, posting a 3.84 ERA with a 106/27 K/BB ratio in 119 2/3 innings.