Yes, Barry Bonds could very well be convicted

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I probably need to clarify a point regarding my assessment of the prosecution’s case in the whole Barry Bonds.  I’ve said many times that I think it’s a weak case. Recently my comments to this effect have been picked up by various blogs and have been characterized as me saying that Bonds is going to skate and the prosecution is doomed. That’s not exactly what I believe.

  • I believe that, as far as perjury prosecutions go, there is way less evidence here than you usually see and that the lies normally turned into perjury prosecutions are typically far more stark and unequivocal than the ones Barry Bonds is accused of telling. I believe that, in most instances this is case that would never have been brought by responsible prosecutors.
  • Some time ago, when it went up on appeal and the court excluded all of the doping calendars and everyone realized that Anderson wouldn’t testify I believed that the prosecution would drop the case and that Bonds would, at that point skate.  That obviously didn’t happen and I’m still surprised that it didn’t.
  • I still believe that the case to is light on evidence, wasteful, misguided and sets a dangerous precedent that actually harms the grand jury process far more than Bonds’ alleged perjury did.

But I also acknowledge that, once you get a jury in the box anything can happen.  My criticisms of the prosecution’s approach aside, the fact is that Bonds is telling a story that’s hard to believe and it’s not at all a stretch to think that the prosecution could get a jury to rule against him.

That doesn’t justify the prosecution because I don’t believe that the government should be casually bringing “yeah, I bet we can convince some people of this” kind of cases. The standard for pulling the trigger on a prosecution should be way higher simply because (a) as the old saying goes, you can indict a ham sandwich; (b) despite their charge to be impartial, juries tend to believe that if someone was indicted that they probably did it; and (c) because of that conviction rates are really damn high for cases that last this long.

The prosecutor has way more power than most people think in the criminal justice system. Good ones decline to go after ticky-tack cases for a lot of good reasons and this is a ticky tack case.  You can say that “well, if he lied he should be convicted” but prosecutors are given a ton of discretion for a reason.  They typically and responsibly decline to prosecute cases when the costs — not merely financial costs but costs to the justice system — outweigh the benefits of the prosecution.  I believe this is one of those cases where that discretion should have been exercised and the prosecution not pursued.

But given that hasn’t happened here it certainly means that, yeah, the jury that is seated next month could convict Bonds. And I’m not making any predictions that they won’t.

Mets, Orioles have discussed a Matt Harvey trade

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Ken Rosenthal of The Athletic reports that the Orioles and Mets have discussed a trade for Matt Harvey.

Rosenthal says the discussions have involved a reliever going back to New York and observes that that Harvey and Brad Brach are projected for similar salaries in their final arbitration years which could make a financial match.

There have been a handful of Harvey rumors over the past couple of days, with a report coming out yesterday that the Mets have spoken with at least two teams about their fallen ace. Jon Heyman said today that the Rangers may have been one of those teams. Maybe the Orioles are the second or, perhaps, the third?

All if this has to be pretty deflating if you’re a Mets fan, given the promise and dominance Harvey showed before injuries waylaid him the past two seasons. Harvey is still just 28 but he made only 18 starts and one relief appearance last year, posting a 6.70 ERA with a 67/47 K/BB ratio in 92.2 innings.

If the Mets can’t find a trade partner this winter, they’ll clearly hope for him to rebound at least a little bit in 2018, allowing him to regain some trade value.