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.

BBWAA votes to make all Hall of Fame ballots public beginning next year

Cooperstown
Associated Press
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In addition to naming the Spink Award winner this morning, the Baseball Writers Association of America voted today to make all Hall of Fame ballots public beginning with next year’s vote for the 2018 induction class.

As of now, writers are encouraged to make their votes public and, if they do, they are placed on the BBWAA website. They are not required to, however, and a great many Hall of Fame voters do not. While ballot secrecy is laudable in politics, the Hall of Fame vote brings with it a fundamentally different set of concerns and sentiment has increasingly favored transparency, as opposed to secrecy when it comes to the Hall of Fame.

While some in opposition to this move may claim that public ballots will only lead to criticism, our view is that if you can’t handle some reasonable criticism over your Hall of Fame ballot, you probably need to get out of the business of making history, which is what voting for the Hall of Fame really is.

The Yankee2 to retire Derek Jeter’2 number next 2ea2on

Derek Jeter
Getty Images
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RE2PECT: The Yankees just announced that they will retire Derek Jeter’s number 2 next season. The ceremony will take place on May 14, 2017 at Yankee Stadium.

With Jeter’s number 2 retired the Yankees will have retired 21 numbers. Twenty-two if you count number 8 twice, given that it was retired for both Yogi Berra and Bill Dickey. They also have retired 42 twice, once for Jackie Robinson, which every team has retired, and once for Mariano Rivera who donned 42 before the league-wide retirement of the number. The Yankees will also have put every single-digit number on the shelf. Except for zero, anyway, which no Yankees player has ever worn.

The retired pinstripes break down as follows:

1 Billy Martin
3 Babe Ruth
4 Lou Gehrig
5 Joe DiMaggio
6 Joe Torre
7 Mickey Mantle
8 Yogi Berra
8 Bill Dickey
9 Roger Maris
10 Phil Rizzuto
15 Thurman Munson
16 Whitey Ford
20 Jorge Posada
23 Don Mattingly
32 Elston Howard
37 Casey Stengel
42 Mariano Rivera
44 Reggie Jackson
46 Andy Pettitte
49 Ron Guidry
51 Bernie Williams