Closing Arguments Delivered In Barry Bonds Trial

Bonds Trial Update: It’s now in the jury’s hands

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Closing statements were made at the Barry Bonds trial yesterday. And while closings aren’t evidence — and while in my view they aren’t nearly as important as openings — they always feel like a high point.  The final opportunity to pound the theme of the case home. But they also serve as something of a tell in which the lawyers reveal, whether they intend to or not, what the weakest parts of their case are.

I’ve been in a courtroom (as an observer) for one perjury case in my life and in that one, like Bonds’, the first words out of the prosecutor’s mouth were exactly the same: “All he had to do was tell the truth.”  Maybe there’s a trial advocacy book that talks about using that one, but it’s pretty effective even if it’s common. The jury, especially in this case, can get pretty bogged down in some of the details that formed the basis for the alleged lie, but it’s pretty helpful to remind them that at the end of the day they really are deciding something simple and understandable. Something with which every person has experience and a firm set of moral convictions: lying. In putting it this way, the prosecutors are helping them remove doubt from their heads because we all think — or at least like to think — that we know when we’ve been lied to.

At the same time, the prosecution’s closing underscored the fact that, with the exception of the single charge relating to injections, there was no one who got on the stand who could themselves say “Barry lied, and here’s why.” The prosecutor started a lot of questions with “ask yourself …” making it clear that the jury needs to make inferences based on circumstantial evidence in order to conclude that the grand jury had been lied to. Maybe that makes things easier for them. Maybe, however, it makes them wonder why, if Barry Bonds was a rampant steroids user, no one came into court and said it in plain terms.

I can’t say that I was particularly impressed with what I can gather from reports about the defense’s theme. Bonds’ lawyers argued that the prosecution was a vendetta against Bonds by a government that was angry with him for not being intimidated and subservient in front of the grand jury. Because Bonds refused to say, “Yes, sir,” which irked the government. They said that the main witnesses against him were friends or lovers scorned and that, armed with immunity themselves, were out to get Bonds.  As a proponent of Occam’s Razor, any conspiracy theory is dubious to me, and I wonder if the jury feels the same way. I mean, yes, I think Bonds was singled out, but I don’t think it was a personal thing. It was more about careerism and perpetuating a big investigation that served a lot of purposes, be they legitimate and righteous or not (mostly not). But spite? Eh, tough sell for me.

The defense was on firmer ground when they argued — for really the first time in the case — that even if there were lies told by Barry Bonds, they are not worthy of a guilty verdict because they were not, to use the legal term, material. They did not negatively impact the grand jury as it tried to do its job back in 2003, Bonds’ lawyers argued, nor could they have given how inconsequential and ultimately silly his alleged lies were. The defense noted that the prosecution put no one on the stand who said otherwise. This is not quite true — agent Novitzky said the grand jury was negatively impacted — but Novitzky’s own success in going after BALCO may work against him here. They got convictions of everyone they targeted, most without a trial. If Bonds was truly screwing the legal system with his testimony, the jury may very well wonder why there was no seeming injustice done as a result. No criminals who went free.

The defense likewise did a good job highlighting where the government’s evidence was light and where the witnesses testimony was specifically deficient or contradicted. Their toughest task was to poke holes in Kathy Hoskins’ story about seeing Bonds injected. They tried, but observers in the courtroom thought her credible when she testified and weren’t particularly impressed with the defense’s handling of her testimony in closing arguments.  Unless the jury decides that Bonds’ lie about injections was immaterial — and given how small and silly it seems compared to the other charges which themselves seem rather minor in the grand scheme, it’s entirely possible they could decide that — there’s a good chance Bonds gets nailed on that charge. If he doesn’t, it will be because of the jury’s disdain for the prosecution’s case as a whole, not because of the actual evidence at trial.

And with that, it’s in the jury’s hands. They will deliberate today. We’ll certainly have a reaction when they reach a verdict.

The Mets are among six teams that help Dominican prospects earn high school diplomas

GENEVA, SWITZERLAND - APRIL 19:  A detailed view of the blackboard with theoretical physics equations in chalk by Alberto Ramos, Theoretical Physics Fellow and visitor, Antonio Gonzalez-Arroyo from the Universidad Autonoma de Madrid (both not in frame) at The European Organization for Nuclear Research commonly know as CERN on April 19, 2016 in Geneva, Switzerland.  (Photo by Dean Mouhtaropoulos/Getty Images)
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In a special for USA TODAY Sports, Mike Vorkunov details how six teams — the Mets in particular — provide an education program that helps their Dominican prospects earn high school diplomas. It seems like an obvious win-win: smarter players make smarter decisions, making them more likely to achieve their potential as athletes. That, of course, requires spending money, which is why only six teams make the investment. For the players, if baseball doesn’t work out, they are better able to support themselves in other ways.

Vorkunov lists the Pirates, Tigers, Phillies, Diamondbacks, and Mariners as the other teams who provide an education program for their Dominican prospects. We learned earlier this month that the Phillies were also investing in making sure their minor leaguers eat healthy. As Matt Gelb of the Philadelphia Inquirer reported, “few teams” supply their minor league players with healthy food options.

Juan Henderson, the head of the Mets’ Dominican academy, said, “We see the benefit of it. I gotta tell you, we’re working with a new generation of baseball players. You see in the past that players just carry a bat and a glove and a helmet on the baseball field and in the academy. Those years, I think, are going to be pretty much over. Now they also do that, but they also carry books, they also carry an iPad, they also carry a laptop.”

Kudos to the six teams for making a great decision and here’s hoping the other 24 teams follow suit.

Video: Albert Pujols hits 569th career home run, tying Rafael Palmeiro

ANAHEIM, CA - MAY 22:  Albert Pujols #5 of the Los Angeles Angels of Anaheim returns to the dugout after scoring in the third inning against the Baltimore Orioles at Angel Stadium of Anaheim on May 22, 2016 in Anaheim, California.  (Photo by Lisa Blumenfeld/Getty Images)
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Angels first baseman Albert Pujols cranked out a two-run home run in the third inning against Rangers starter Derek Holland, breaking a scoreless tie. It’s the ninth homer of the season for Pujols and the 569th of his career, putting him into a tie with Rafael Palmeiro for 12th on baseball’s all-time home run leaderboard.

Harmon Killebrew is Pujols’ next target at 573, followed by Mark McGwire at 583 and Frank Robinson at 586.

Pujols hadn’t homered since May 13. He entered Monday night hitting a mediocre .228/.309/.395 with eight home runs and 28 RBI in 188 plate appearances.

Alex Gordon to miss three to four weeks with a fractured scaphoid bone

CHICAGO, IL - MAY 22:  Alex Gordon #4 and Mike Moustakas #8 of the Kansas City Royals collide going for a foul ball against the Chicago White Sox at U.S. Cellular Field on May 22, 2016 in Chicago, Illinois. The White Sox defeated the Royals 3-2.  (Photo by Jonathan Daniel/Getty Images)
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Monday has unfortunately been a day of injury news. Royals outfielder Alex Gordon is the latest to hit the 15-day disabled list, as he has been diagnosed with a fractured scaphoid bone in his right wrist. The club has recalled infielder Cheslor Cuthbert from Triple-A Omaha.

Gordon suffered the injury colliding with third baseman Mike Moustakas attempting to catch a fly ball on Sunday afternoon. He is expected to miss three to four weeks, MLB.com’s Jeffrey Flanagan reports.

Gordon was having a tough 2016 campaign and the injury only makes it worse. He’s hitting .211/.319/.331 with four home runs and 10 RBI in 166 plate appearances on the year.

The Royals will likely use Jarrod Dyson and Paulo Orlando in left field in Gordon’s absence.

Orioles trade reliever Brian Matusz to the Braves

BALTIMORE, MD - MAY 17:  Brian Matusz #17 of the Baltimore Orioles pitches against the Seattle Mariners during the fifth inning on May 17, 2016 in Baltimore, Maryland.  (Photo by Maddie Meyer/Getty Images)
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The Orioles announced on Monday night that the club has traded reliever Brian Matusz to the Braves in exchange for minor league pitchers Brandon Barker and Trevor Belicek. The Braves are also receiving a Competitive Balance Round B pick (76th overall) in the 2016 draft.

Matusz, 29, made his season debut on April 23 after battling a back injury since early March. It’s been a struggle, as the lefty has yielded eight runs on 11 hits and seven walks with just one strikeout in six innings. He is earning $3.9 million and can become a free agent after the season.

MLB.com’s Mark Bowman reports that the Braves are expected to designate Matusz for assignment. Essentially, the Braves bought the draft pick for Matusz’s remaining salary of $3 million of $3.9 million total.

Barker, 23, has been pitching at Double-A Mississippi after getting a taste of Triple-A last year. So far this season, the right-hander has a 2.00 ERA with a 40/12 K/BB ratio in 45 innings spanning eight starts and a relief appearance.

Belicek, a 23-year-old left-hander, has spent most of the year with Single-A Rome, compiling a 2.49 ERA with a 29/1 K/BB ratio in 25 1/3 innings over 11 relief appearances.