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.

Report: Diamondbacks acquire Steven Souza from Rays in part of three-team deal

Tampa Bay Rays
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Update (6:35 PM ET): This is a three-team deal also involving the Diamondbacks, per Nick Piecoro of the Arizona Republic. The Diamondbacks will receive outfielder Steven Souza from the Rays and second baseman Brandon Drury will head to the Yankees. Lefty reliever Anthony Banda will go to the Rays, Piecoro adds. The Diamondbacks will also receive prospect Taylor Widener from the Yankees, per Joel Sherman of the New York Post. MLB.com’s Steve Gilbert adds that the Rays will get two players to be named later from the D-Backs.

Souza, 28, is earning $3.55 million in his first of three years of arbitration eligibility, so the Rays are presumably saving money in moving him. Last season, Souza hit a productive .239/.351/.459 with 30 home runs, 78 RBI, 78 runs scored, and 16 stolen bases in 617 plate appearances. Souza’s arrival almost certainly pushes Yasmany Tomas out of a starting gig.

Drury, 25, has played a handful of positions in his brief major league career. Last year, he played second base in Arizona, batting .267/.317/.447 with 13 home runs and 63 RBI in 480 PA.

Banda, 24, made his major league debut last season, posting an ugly 5.96 ERA with a 25/10 K/BB ratio in 25 2/3 innings. The peripherals suggest he pitched better than his ERA indicated.

Widener, 23, was selected by the Yankees in the 12th round of the 2016 draft. This past season with High-A Tampa, he pitched 119 1/3 innings and posted a 3.39 ERA with a 129/50 K/BB ratio. MLB Pipeline rated Widener as the 14th-best prospect in the Yankees’ system.

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Robert Murray of FanRag Sports reports that the Rays will acquire second base prospect Nick Solak from the Yankees. The Yankees’ return is presently not known.

Solak, 23, was selected by the Yankees in the second round of the 2016 draft. He spent last season between High-A Tampa and Double-A Trenton, hitting a combined .297/.384/.452 with 12 home runs, 53 RBI, 72 runs scored, and 14 stolen bases.

MLB Pipeline ranked Solak as the eighth-best prospect in the Yankees’ system and the fifth-best second base prospect in baseball, praising him for his ability to hit line drives as well as his speed.