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.

New Marlins owners are going to dump David Samson, keep the home run sculpture

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The Miami Herald reports that the future Miami Marlins owners, Bruce Sherman and Derek Jeter, have informed Major League Baseball that they do not intend to retain current team president David Samson. Derek Jeter will replace him as the person in charge of baseball and business operations.

Samson has been a polarizing figure in Miami and has been seen as Jeff Loria’s front-facing presence in many ways. He led the effort for the team to get its new stadium, which led to political scandal and outrage in Miami (not that he didn’t get his stadium). In 2014, he appeared on “Survivor.” He did not survive.

What will survive, however, is the famous home run sculpture in the outfield at Marlins Park. You’ll recall some reports earlier this week that Sherman and Jeter were thinking about removing it. If so, they’ll have a lot of hurdles to jump, because yesterday the Miami-Dade County government reminded them that it was paid for by its Art in Public Places program, it is thus owned by the county and that it cannot be moved without prior approval from the county.

I know a lot of people hate that thing, but it has grown on me over the years. Not for its own aesthetic sake as much for its uniqueness and whimsy, which are two things that are in extraordinarily short supply across the Major League Baseball landscape. Like a lot of new and different bits of art and architecture over the course of history, I suspect its initial loathing will increasingly come to be replaced by respect and even pride. Especially if the Marlins ever make another World Series run, in which case everything associated with the club will be elevated in the eyes of fans.

On this score, Sherman and Jeter will thank Miami-Dade for saving themselves from themselves one day.

Jon Lester to miss one or two starts

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Jon Lester had a terrible outing yesterday, allowing nine runs — seven earned — and leaving the game before he could complete two innings.Lester entered the afternoon with a 3.99 ERA. He exited with a 4.37 ERA. Later the Cubs said that Lester was suffering from left lat tightness.

The Cubs are now saying that Lester will miss 1-2 starts. They are sending him to see Dr. Stephen Gryzlo for a more in-depth exam, and it’s possible Gryzlo will determine the injury is more serious, but at the moment the assessment seems cautiously optimistic.

Mike Montgomery will fill in for Lester for the time being.