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.

Yankees’ offense wakes up, leads way to 8-1 win vs. Astros in ALCS Game 3

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The Yankees’ offense finally woke up, scoring eight runs in Game 3 of the ALCS on Monday night while the pitching kept the Astros’ offense at bay. That came after scoring a total of two runs against Astros pitching in the first two games. For a recap of the Yankees’ scoring in Game 3, click here.

CC Sabathia wasn’t dominant, but he executed pitches when he needed to most, preventing the Astros from capitalizing on their opportunities. Overall, he gave up three hits and four walks while striking out five on 99 pitches. He’s the first pitcher, age 37 or older, to throw six shutout innings in the postseason since Pedro Martinez for the Phillies against the Dodgers in Game 2 of the 2009 NLCS. Monday’s start also marked Sabathia’s first career scoreless outing in the postseason — it was his 22nd postseason appearance.

Astros starter Charlie Morton couldn’t escape the fourth inning, when he allowed a run and loaded the bases before departing. Will Harris allowed all three inherited runners to score on Aaron Judge‘s three-run home run to left field. Morton was ultimately charged with seven runs on six hits, two walks, and a hit batsman with three strikeouts in 3 2/3 innings.

The Yankees’ bullpen held the fort after the sixth. Adam Warren worked a scoreless seventh. Warren returned in the eighth and retired the side in order, despite yielding a pair of well-struck balls to deep center field.

In the ninth, Dellin Betances walked both hitters he faced to start the frame. Unsurprisingly, manager Joe Girardi had a short leash and brought in Tommy Kahnle. Kahnle gave up a single to Cameron Maybin then struck out George Springer, but walked Alex Bregman to force in a run. Kahnle got Jose Altuve to ground into a 4-3 double play to end the game in an 8-1 victory, giving the Yankees their first win of the series.

The ALCS continues on Tuesday at 5 PM ET. The Astros will start Lance McCullers and the Yankees will send Sonny Gray to the hill.