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.

Evan Gattis undergoes surgery for hernia; recovery is 4-6 weeks

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Evan Drellich of the Houston Chronicle shares the bad news

One of the Astros’ big bats won’t be taking hacks when the Astros hold their first full workout on Feb. 23.

Astros designated hitter Evan Gattis recently underwent surgery to repair a hernia, the Chronicle has learned, taking away most of his spring training at a minimum. The recovery is four to six weeks but fortunately for Gattis and the Astros, the injury is not considered severe.

Gattis was working hard on his overall conditioning this winter, even telling MLB.com’s Brian McTaggart in late January that he had already dropped 18 pounds. It sounds like the big slugger might have gone a bit overboard with those workouts, and now he is in real danger of missing the first couple weeks of the 2016 regular season.

Gattis batted .246/.285/.463 with 27 home runs and 88 RBI in 153 games last season for the Astros. The 29-year-old is arbitration-eligible for the first time in his career and has a hearing with the Astros scheduled for February 16 to determine his salary for 2016. He requested $3.8 million and was offered $3 million when figures were exchanged a little over three weeks ago.

Suddenly the Astros’ front office might have a new talking point for those arbitrators.

Seung-Hwan Oh finally receives his work visa, will be on time for Cardinals camp

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At last check, new Cardinals reliever Seung-Hwan Oh was still awaiting a work visa from the United States Embassy in South Korea and there was some worry that he might not be able to arrive on time to spring training in Jupiter, Florida.

But that is now officially a non-story.

Derrick Goold of the St. Louis Post-Dispatch reports that Oh has recieved his work visa and is expected to report to Cardinals camp next week along with the rest of the club’s pitchers and catchers. Oh might even show up a bit earlier than the Cardinals originally asked him to, per Goold.

Oh saved 357 games in 11 seasons between Japan’s Nippon Professional Baseball and the Korea Baseball Organization before inking a one-year contract with St. Louis this winter. He also registered a stellar 1.81 ERA and 772 strikeouts across 646 total innings in Asia, earning the nickname “The Final Boss.”

Oh is expected to work in a setup role this year for Cardinals closer Trevor Rosenthal.

John Lamb had back surgery in December, will likely get off to late start in 2016

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John Lamb was part of the Reds’ return package in last July’s Johnny Cueto trade and he had a strong showing at the Triple-A level in 2015. But the young left-hander posted a 5.80 ERA in a 10-start cup of coffee with Cincinnati late last season — his first 10 appearances as a major leaguer — and now comes word from MLB.com’s Mark Sheldon that Lamb will probably have to get off to a late start in 2016.

Lamb underwent surgery in December to repair a herniated disc in his back — a surgery that went unreported by the Reds until Tuesday afternoon. Reds manager Bryan Price acknowledged on MLB Network that Lamb is behind the team’s other starting pitchers and will likely open the coming season on the disabled list. The hope is that he might be ready by mid-April.

It’s a small but frustrating blow for a rebuilding Reds team that will be looking to establish some foundational pieces in 2016. Once he is recovered, Lamb will be expected to fill the Reds’ fifth rotation spot behind Raisel Iglesias, Anthony DeSclafani, Brandon Finnegan, and Michael Lorenzen.

This is going to be an ugly year for Cincinnati baseball fans.

Yu Darvish will report to spring training on time, hopes to begin mound work in March

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Rangers ace Yu Darvish missed the entire 2015 season after undergoing Tommy John reconstructive elbow surgery last March 17. Most starting pitchers take 13-15 months to fully recover from that procedure, and the Rangers aren’t counting on Darvish until sometime this May.

His rehab so far has gone on without issue.

Darvish offered some very positive updates Tuesday to Jeff Wilson of the Fort Worth Star-Telegram …

Darvish, 29, boasts a 3.27 ERA and 1.196 WHIP in 83 career major league starts. He can also claim a whopping 680 strikeouts in 545 1/3 career major league innings.

Texas has him under contract for $10 million in 2016 and $11 million in 2017.