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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.

Report: Mariners acquire Chris Heston from the Giants

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Jon Morosi of MLB Network and FOX Sports reports that the Mariners have acquired starter Chris Heston from the Giants. The Giants will receive a player to be named later, per Jon Heyman of FanRag Sports.

Heston, 28, logged only five innings in the majors this past season as he battled an oblique injury and otherwise spent most of his time with Triple-A Sacramento. Heston was solid out of the Giants’ rotation in 2015, posting a 3.95 ERA with a 141/64 K/BB ratio in 177 2/3 innings over 31 starts.

Heston will be under team control through 2021. He’ll provide depth for the Mariners’ rotation in the meantime.

Joe Nathan wants to pitch in 2017

DETROIT, MI - AUGUST 16: Joe Nathan #36 of the Detroit Tigers pitches in the ninth inning of the game against the Seattle Mariners at Comerica Park on August 16, 2014 in Detroit, Michigan. The Tigers defeated the Mariners 4-2.  (Photo by Leon Halip/Getty Images)
Leon Halip/Getty Images
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Joe Nathan‘s agent, David Pepe, says his client wants to pitch in 2017, per ESPN’s Jerry Crasnick. “He’s like the Energizer Bunny,” Pepe said.

Nathan, 42, came back from Tommy John surgery in July, pitching two scoreless innings for the Cubs with four strikeouts and two walks. The Cubs released him and the Giants picked him up, and Nathan went on to pitch 4 1/3 scoreless innings down the stretch with five strikeouts and two walks.

According to FanGraphs, Nathan’s velocity wasn’t where it used to be, which is to be expected of a pitcher in his 40’s coming back from major elbow surgery. Still, with teams always on the hunt for bullpen depth, it would be shocking if Nathan didn’t get any bites before spring training starts.