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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.

Video: Aledmys Diaz hits a grand slam in remembrance of Jose Fernandez

ST. LOUIS, MO - JULY 21: Aledmys Diaz #36 of the St. Louis Cardinals hits an RBI single against San Diego Padres in the sixth inning at Busch Stadium on July 21, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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Cardinals shortstop Aledmys Diaz was childhood friends with Marlins pitcher Jose Fernandez, so it was expected when Diaz took time away from the team on Monday to visit Fernandez’s family in Miami. They grew up on the same street in Cuba and played for the same youth baseball team and both would ultimately wind up playing Major League Baseball in the United States.

In the bottom of the fourth inning of Tuesday night’s game against the Reds, Diaz hit a 2-1 Robert Stephenson fastball out to left-center field for a no-doubt grand slam. Teammate Yadier Molina gave Diaz a tight hug as he crossed home plate.

Before Tuesday’s game, Diaz said that the best way to honor Fernandez was to play with his passion, as MLB.com’s Jenifer Langosch reports. Diaz said, “I only play for [Fernandez’s] family right now.”

Here’s the video.

AL East still mathematically undecided as Red Sox lose, Blue Jays win

NEW YORK, NY - SEPTEMBER 27:  David Price #24 of the Boston Red Sox pitches in the first inning against the New York Yankees at Yankee Stadium on September 27, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
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The Red Sox would have clinched the AL East if one of two things happened on Tuesday night: the Red Sox themselves beat the Yankees, or the Orioles defeated the Blue Jays. Neither happened.

The Jays soundly took down the Orioles 5-1 behind six strong innings from Aaron Sanchez. Josh Donaldson went 2-for-2 with a two-run home run and a pair of walks and leadoff batter Ezequiel Carrera went 2-for-3 with a solo homer, an RBI single, a walk, and three runs scored.

Meanwhile, at Yankee Stadium, the Yankees outlasted the Red Sox for a 6-4 win, responding to both two-run innings the Sox had in the sixth and seventh with a run in the sixth and two in the seventh. Gary Sanchez hit his 20th homer of the season. Didi Gregorius and Tyler Austin also contributed dingers. Starter Luis Cessa pitched well, limiting the Sox to two runs over six innings on five hits and a walk with two strikeouts. Red Sox starter David Price struggled, yielding six runs in 6 1/3 innings. Yankees reliever Tyler Clippard got into trouble in the ninth inning but was able to wiggle out of trouble to finish out the game.

Once again, the Red Sox will be able to clinch the AL East on Wednesday with a win over the Yankees or a Blue Jays loss to the Orioles.