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.

 

Jose Reyes to begin a rehab assignment on Wednesday

DENVER, CO - AUGUST 18:  Jose Reyes #7 of the Colorado Rockies advances to second base on a wild throw from Starting pitcher Jordan Zimmermann of the Washington Nationals during the first inning at Coors Field on August 18, 2015 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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Rockies shortstop will join Triple-A Albuquerque to begin a rehab assignment, manager Walt Weiss said on Tuesday, per MLB.com’s Thomas Harding. Reyes was suspended through May 31 for an offseason domestic violence incident, effectively a 51-game suspension.

During the offseason, Reyes allegedly grabbed his wife by the neck and shoved her into a sliding glass door in the midst of an argument. Reyes pled not gulity and the charges against him were eventually dropped because his wife was uncooperative with authorities. It is not uncommon for an abuser’s significant other to be uncooperative with authorities due to the fear of further retaliation if the abuser suffers any consequences, such as losing his job.

Reyes has spent the last two weeks getting into baseball shape at the Rockies’ spring training complex in Arizona and he’ll likely need another couple of weeks in the minors. Rookie shortstop Trevor Story has cooled off significantly since a blistering hot start to the season, but has still played well enough to warrant the Rockies not forcing him to concede his starting role to Reyes.

The Rockies acquired Reyes from the Blue Jays on July 28 last year along with Miguel Castro and two minor leaguers in exchange for Troy Tulowitzki and LaTroy Hawkins.

Padres catcher Christian Bethancourt just pitched, and he reached 96 MPH

PEORIA, AZ - FEBRUARY 26:  Catcher Christian Bethancourt #12 of the San Diego Padres poses for a portrait during spring training photo day at Peoria Sports Complex on February 26, 2016 in Peoria, Arizona.  (Photo by Jennifer Stewart/Getty Images)
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The Mariners’ offense ran roughshod over Padres starter James Shields on Tuesday afternoon, knocking him out after 2 2/3 innings. The right-hander surrendered 10 runs.

It didn’t get much better for the Padres from there. The Mariners would score twice more in the fourth and four times in the fifth to take a commanding 16-0 lead. The Padres clawed back for a trio of runs in the sixth and one more in the seventh, but the lead was essentially insurmountable.

Unsurprisingly, the Padres opted to use a position player to soak up at least one inning, so catcher Christian Bethancourt took the mound to begin the eighth. Bethancourt had trouble finding the strike zone, but he was consistently hitting the mid-90’s with his fastball, which was impressive. He sandwiched a pair of fly outs with a walk, but then he lost all semblance of control. He walked Norichika Aoki, then hit Seth Smith with a 59 MPH knuckleball. Yes, you read that right: a knuckleball.

Manager Andy Green relieved Bethancourt with infielder Alexi Amarista, and Bethancourt moved to second base. Amarista got Shawn O’Malley to ground out with the bases loaded to end the inning.

Though Bethancourt’s results weren’t the greatest, it was still fun to watch him pitch.

Dustin Ackley to undergo season-ending shoulder surgery

OAKLAND, CA - MAY 19:  Dustin Ackley #29 of the New York Yankees slides into third base safe against the Oakland Athletics in the top of the six inning at O.co Coliseum on May 19, 2016 in Oakland, California.  (Photo by Thearon W. Henderson/Getty Images)
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Yankees 1B/OF will undergo season-ending surgery to repair the torn labrum in his right shoulder, Mark Feinsand of the New York Daily News reports. He suffered the shoulder injury on a slide during Sunday’s game against the Rays.

Ackley was having a tough year to begin with, as he owns a .148/.243/.148 triple-slash line with four RBI in 70 plate appearances.

Ackley, 28, will enter his third and final year of arbitration eligibility after the season, which likely means the Yankees will non-tender him. He’s earning $3.2 million this season.

James Shields lasts only 2 2/3 innings, gives up 10 runs to the Mariners

SEATTLE, WA - MAY 31:  Starting pitcher James Shields #33 of the San Diego Padres pitches against the Seattle Mariners in the first inning at Safeco Field on May 31, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
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James Shields has had better afternoons. The Padres’ starter couldn’t make it out of the third inning on Tuesday, ultimately serving up 10 runs on eight hits and four walks with one strikeout in 2 2/3 innings. The Mariners plated one run in the first inning, six in the second, and three in the third against Shields.

The runs came via, in order: a Kyle Seager RBI single, a bases loaded walk to Robinson Cano, a Nelson Cruz two-run single, a three-run Seager home run, and a three-run Seth Smith home run. Things continued to get worse once Shields left, as reliever Luis Perdomo gave up a two-run home run to Franklin Gutierrez in the fourth to make it 12-0. In the fifth, Smith homered again with the bases empty, and Adam Lind later drilled a three-run shot, pushing the score to 16-0.

The White Sox were reportedly discussing a trade involving Shields with the Padres as recently as Sunday. Shields entered Tuesday’s start with a 3.06 ERA and a 56/23 K/BB ratio in 64 2/3 innings. Presumably, a team wouldn’t let one start affect its interest in a player, but Shields’ outing certainly doesn’t help.