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.

 

Red Sox set a new major league record with 11 strikeouts in a row

BALTIMORE, MD - SEPTEMBER 20: Starting pitcher Eduardo Rodriguez #52 of the Boston Red Sox works the first inning against the Baltimore Orioles at Oriole Park at Camden Yards on September 20, 2016 in Baltimore, Maryland. (Photo by Patrick Smith/Getty Images)
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Lost in the nifty base running by Dustin Pedroia that won Sunday’s game against the Rays, the Red Sox set a new major league record by striking out 11 batters in a row, per Peter Abraham of The Boston Globe. Starter Eduardo Rodriguez struck out the final seven Rays he faced and reliever Heath Hembree struck out five Rays in a row after that. Tom Seaver had the previous consecutive strikeout streak of 10, set on April 22, 1970 against the Padres.

The Red Sox also set a team record with 23 strikeouts in total: 13 by Rodriguez, five by Hembree, one by Matt Barnes, and four by Joe Kelly. Per Abraham, that’s the most strikeouts in a 10-inning game since at least 1913 and the most in a game of any length since 2004.

For Rodriguez, Sunday marked the first double-digit strikeout game of his career. He has pitched quite well since returning to the rotation at the start of the second half. Over 13 starts, the lefty has a 3.10 ERA with a 70/23 K/BB ratio in 72 2/3 innings.

Dodgers clinch NL West on Charlie Culberson’s walk-off home run

WASHINGTON, DC - JULY 20: Charlie Culberson #6 of the Los Angeles Dodgers runs to first base after hitting a single RBI in the second inning against the Washington Nationals at Nationals Park on July 20, 2016 in Washington, DC. (Photo by Matt Hazlett/Getty Images)
Matt Hazlett/Getty Images
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Dodgers second baseman Charlie Culberson delivered a walk-off solo home run in the bottom of the 10th inning, clinching the NL West for the Dodgers on Sunday afternoon. What a way to celebrate Vin Scully’s final home game behind the microphone.

The Dodgers were trailing 2-1 in the seventh inning, but shortstop Corey Seager tripled in a run to tie the game. Rockies outfielder David Dahl untied the game in the top of the ninth with a two-out solo home run off of Kenley Jansen. But Seager once again rose to the occasion, blasting a game-tying solo shot in the bottom half of the ninth against Adam Ottavino. That would set the stage for Culberson in the next frame.

Culberson, a former Rockie, came into the afternoon with a .591 OPS and zero home runs in 53 plate appearances. He finished the afternoon 3-for-5 with the homer.

It’s the fourth consecutive season in which the Dodgers have won the NL West. The Cubs have clinched the best record, which means they’ll play the winner of the Wild Card game. The Dodgers will play the Nationals in the NLDS. The Nationals have a 1.5-game lead over the Dodgers for home-field advantage, so both teams are still playing for something of importance in the regular season’s final week.