Kimberly Bell

Bonds Trial Update: Things get personal

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Yesterday was oversharing time at the Barry Bonds trial with the witness who, if Greg Anderson had testified, may never have been called: Bonds’ ex-girlfriend Kimberly Bell.  She testified that Bonds admitted to steroid use prior to his grand jury testimony and, as promised, provided all manner of intimate detail about the life and sexual times of Barry Bonds.

Bell, who met Bonds in 1994, said that Bonds started taking steroids because he noted that they worked for guys like Mark McGwire. As far as motives go, this matches up pretty well with what we learned in “Game of Shadows”: a late 1990s realization that, despite all Bonds had accomplished at that point in his baseball career — and they were likely Hall of Fame accomplishments already — he wanted more.

But Bell wasn’t called to talk about Bonds’ lust for glory. She was called to to talk turkey about Bonds’ physical and mental state. And that she did, testifying that Bonds suffered from shrunken testicles, acne, bloating, hair loss and impotence, all of which can be symptoms of steroid use. She said he was “aggressive, irritable, agitated and very impatient,” and said that he had once threatened to cut her head off, cut out her breast implants and to burn her friggin’ house down.

For as salacious as this all was, it wasn’t new: Bell had talked about most of this stuff in an article that accompanied her Playboy photo spread in 2007, and as the defense’s cross examination of Bell revealed, she had on several occasions tried to sell her story to book publishers and filmmakers.  Which doesn’t make her testimony false, of course, but could certainly undermine her credibility. Juries care about the motivation of witnesses. Indeed, they may do so too much at times, overlooking undisputed facts to which they testified and fixating on the question of witness bias, real or imagined.

More importantly, I question whether Bell’s most critical testimony — that Bonds told her prior to 2003 that he took steroids — is enough to convince the jury that Bonds perjured himself on the point.*  As I’ve noted time and again, the questions put to Bonds before the grand jury of the general “did you ever take steroids” variety were vague and open or, conversely, were often premised on multiple sub-questions relating to specific drugs, specific times and places, etc. It’s possible, therefore, that a jury could conclude that, say, Bonds did take steroids in 1999, but did not lie about taking Whateveriztol 323 via injection from Greg Anderson in October 2001.

Of the several reports I’ve read from yesterday’s testimony, I see nothing which suggests that Bell got into the kind of detail necessary to completely nail down the entirety of the perjury allegations.  But she certainly nailed the “Barry Bonds is a gigantic ass” theme which the prosecution has been itching to inject in this trial. A theme that — like a witness’ motivation — is something to which juries often respond, even if it’s totally beside the point in light of the particular charges against the defendant. Bonds is not on trial for being an awful person. He’s on trial for lying to a grand jury, and the bulk of Bell’s testimony had little to do with that.

All of that said: if Bell is believed beyond a reasonable doubt, it may be enough to prompt the jury to convict him.  That’s a big if, though, and there is still a lot of trial left.

*As is always the case with my opinions about the overarching effectiveness of any testimony in this trial, I offer the disclaimer that I wasn’t in court and am basing this on multiple news accounts of the testimony. How things actually played before the jury in real time may lead to a dramatically different conclusion.

Mitt Romney’s sons are trying to buy a stake in the Yankees

TAMPA, FL - AUGUST 30:  Tagg Romney son of Republican presidential candidate, former Massachusetts Gov. Mitt Romney gives an interview during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today.  (Photo by Chip Somodevilla/Getty Images)
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Mitt Romney built his professional life in Massachusetts and was once the governor of the state. As such, it is not surprising that he has long identified as a Red Sox fan. So this has to be troubling to him from a fan’s perspective. From Jon Heyman:

The Romney family is bidding to buy a small stake in the Yankees months after their try for the Marlins stalled. If the deal goes through, it is expected to be $25 million to $30 million per percentage point and thought to be interested in one or two percentage points. The Yankees are valued around $3 billion or more.

The effort is being led by Mitt’s son Tagg, one of his brothers and their business partners. Mitt’s spokesman tells Jon Heyman that he has nothing to do with it personally. Tagg Romney is reported to have been planning a bid for controlling interest in the Marlins, but that has fallen through.

I find this interesting insofar as the M.O. for the Steinbrenners has, for years, been to buy out minority shareholders in the Yankees, not seek more. Indeed, when George Steinbrenner bought the Yankees back in 1973 he held just a bare controlling interest and there were a ton of silent partners, most of which were back in Ohio and knew Steinbrenner from his shipping business. I’ve personally gotten to know some of them over the years as there are a handful of them in Columbus and I crossed paths with them in my legal career. They have almost all been bought out in the past couple of decades. They still get season tickets and World Series rings and stuff. You can tell them by their personalized Yankees plates and the fact that, within the first ten minutes of meeting them, they will tell you that they once owned a piece of the Yankees but got pushed out.

In light of all of that it’s interesting that the Steinbrenners are once again accepting bids for small stakes in the team. Especially from someone whose interest in controlling the Marlins suggests that they do not consider it to be a mere vanity investment. Makes me wonder what the Steinbrenners’ long term plans are.

Max Scherzer still can’t throw fastballs

WASHINGTON, DC - OCTOBER 13: Max Scherzer #31 of the Washington Nationals works against the Los Angeles Dodgers in the fifth inning during game five of the National League Division Series at Nationals Park on October 13, 2016 in Washington, DC. (Photo by Rob Carr/Getty Images)
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The Nationals will be many people’s favorites in the NL East this season. Not everything is looking great, however. For example, their ace — defending NL Cy Young winner Max Scherzer — can’t even throw fastballs right now.

The reason: the stress fracture he suffered last August is still causing him problems and Scherzer is unable to use his fastball grip without feeling pain in his right ring finger. He will throw a bullpen session tomorrow, but will only use his secondary stuff.

Scherzer has not been ruled out for Opening Day — the fact that he is throwing some means that his timetable isn’t totally on hold — but you have to figure, at some point, not being able to air things out and use his heater will lead to some problems in his spring training routine.