Barry Bonds

UPDATE: Judge in Bonds trial calls newly-discovered tape “almost entirely inadmissible or irrelevant”

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UPDATE:  Judge Susan Illston said in court today that the tape prosecutors claim will rebut the damaging (to the prosecution) testimony of Dr. Arthur Ting is “almost entirely inadmissible or irrelevant.” She added that the contents of the tape “were not very substantive,” and that “almost all of this is people’s comments being driven by what is said to be newspaper articles and news reports” from around the time of the BALCO raid, which makes it less evidence than commentary.

There has not yet been a ruling — everyone is waiting for a full transcript — but based on the judge’s comments it seems highly unlikely that the tape will come into evidence. What’s more, given that the revelation of the tape led to a broader argument in court today regarding the prosecution’s seeming failure to turn over various bits of evidence to the defense, the entire affair could end up being worse for the prosecution than if the tape had never turned up to begin with.

1:35 PM:  Remember a couple of hours ago when I said that the testimony of Barry Bonds’ doctor, Arthur Ting, was devastating for the prosecution?  Yeah, well, things could turn the other way quickly: prosecutors revealed today that they have a tape that they believe will contradict his testimony from Thursday in which he said he never talked about Bonds’ steroids use with Steven Hoskins.

We don’t yet know what’s on the tape, but the prosecution certainly wouldn’t bring it up if it was bad for them. Well, at least I think not, because I would have assumed that they wouldn’t have called Ting in the first place unless they knew what he was going to say, and given that they didn’t immediately treat him like a hostile witness and confront him with all of this last week suggests that they were just as surprised as anyone else.

The judge is going to take the tape under advisement and rule on its admissibility. Criminal procedure is not my strong suit — so help me IdahoMariner and others with more crimlaw experience than me — but generally you can’t just trot out new evidence like this so late in the game unless it’s newly discovered (and even then not always), exculpatory for the defendant (thus protecting his due process rights) or so damn important that the injustice of not allowing it would outweigh the injustice of letting it lie. It’s unclear from the reports I’ve seen if this truly is new or merely newly relevant in light of Ting’s testimony, so it’s hard to see how this cuts.

If it shows that Ting lied, however, or even if it showed that his memory about conversations regarding Bonds’ steroids use was faulty, it would seem to snap Steve Hoskins’ credibility back into shape. And could even cause the jury to infer that perhaps Ting was trying too hard to help Bonds, depending on what they think of the cut of his jib. That would be a bad thing indeed for Bonds.

The court is in recess now and will be back later this afternoon. There will be no testimony today, however, because a juror got sick.

Red Sox set a new major league record with 11 strikeouts in a row

BALTIMORE, MD - SEPTEMBER 20: Starting pitcher Eduardo Rodriguez #52 of the Boston Red Sox works the first inning against the Baltimore Orioles at Oriole Park at Camden Yards on September 20, 2016 in Baltimore, Maryland. (Photo by Patrick Smith/Getty Images)
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Lost in the nifty base running by Dustin Pedroia that won Sunday’s game against the Rays, the Red Sox set a new major league record by striking out 11 batters in a row, per Peter Abraham of The Boston Globe. Starter Eduardo Rodriguez struck out the final six Rays he faced and reliever Heath Hembree struck out five Rays in a row after that. Tom Seaver had the previous consecutive strikeout streak of 10, set on April 22, 1970 against the Padres.

The Red Sox also set a team record with 23 strikeouts in total: 13 by Rodriguez, five by Hembree, one by Matt Barnes, and four by Joe Kelly. Per Abraham, that’s the most strikeouts in a 10-inning game since at least 1913 and the most in a game of any length since 2004.

For Rodriguez, Sunday marked the first double-digit strikeout game of his career. He has pitched quite well since returning to the rotation at the start of the second half. Over 13 starts, the lefty has a 3.10 ERA with a 70/23 K/BB ratio in 72 2/3 innings.

Dodgers clinch NL West on Charlie Culberson’s walk-off home run

WASHINGTON, DC - JULY 20: Charlie Culberson #6 of the Los Angeles Dodgers runs to first base after hitting a single RBI in the second inning against the Washington Nationals at Nationals Park on July 20, 2016 in Washington, DC. (Photo by Matt Hazlett/Getty Images)
Matt Hazlett/Getty Images
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Dodgers second baseman Charlie Culberson delivered a walk-off solo home run in the bottom of the 10th inning, clinching the NL West for the Dodgers on Sunday afternoon. What a way to celebrate Vin Scully’s final home game behind the microphone.

The Dodgers were trailing 2-1 in the seventh inning, but shortstop Corey Seager tripled in a run to tie the game. Rockies outfielder David Dahl untied the game in the top of the ninth with a two-out solo home run off of Kenley Jansen. But Seager once again rose to the occasion, blasting a game-tying solo shot in the bottom half of the ninth against Adam Ottavino. That would set the stage for Culberson in the next frame.

Culberson, a former Rockie, came into the afternoon with a .591 OPS and zero home runs in 53 plate appearances. He finished the afternoon 3-for-5 with the homer.

It’s the fourth consecutive season in which the Dodgers have won the NL West. The Cubs have clinched the best record, which means they’ll play the winner of the Wild Card game. The Dodgers will play the Nationals in the NLDS. The Nationals have a 1.5-game lead over the Dodgers for home-field advantage, so both teams are still playing for something of importance in the regular season’s final week.