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.

Cespedes has 6 RBIs during Mets’ record 12-run inning vs SF

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NEW YORK — Yoenis Cespedes and the New York Mets broke loose for a team-record 12 runs in the third inning Friday night, rolling to their seventh straight victory with a 13-1 blowout of the San Francisco Giants.

Cespedes set a club mark with six RBIs in the inning, connecting for a two-run single off starter Jake Peavy (1-2) and a grand slam off reliever Mike Broadway that capped the outburst.

The early barrage made it an easy night for Steven Matz (3-1) in the opener of a three-game series between the last two NL champions. The left-hander tossed six shutout innings to win his third consecutive start.

Michael Conforto had an RBI double and a run-scoring single in the Mets third, which lasted 39 minutes, 47 seconds. He and Cespedes were two of the four players who scored twice. Asdrubal Cabrera greeted Broadway with a two-run double.

Marlins’ Conley pulled in 8th with no-hit bid, Brewers rally

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MILWAUKEE — Marlins lefty Adam Conley threw no-hit ball for 7 2/3 innings before being pulled by manager Don Mattingly after 116 pitches, and Miami’s bullpen wound up holding off the Milwaukee Brewers 6-3 Friday night.

Jonathan Lucroy blooped a single with one out in the ninth off reliever Jose Urena to break up the combo no-hit bid. The ball landed in right field just beyond the reach of diving second baseman Derek Dietrich.

Dietrich was playing in place of speedy Gold Glove winner Dee Gordon, who was suspended by Major League Baseball on Thursday night after a positive drug test.

The 25-year-old Conley (1-1) struck out seven and walked four. Urena replaced him.

The Brewers scored three times on four hits in the ninth. They loaded the bases before A.J. Ramos struck out Jonathan Villarfor his seventh save.

Earlier this month, Ross Stripling of the Dodgers threw no-hit ball for 7 1/3 innings against San Francisco in his major league debut and was taken out after 100 pitches.

Warren G just gave the worst performance of “Take me out the ballgame” ever

Warren G performs at the Warren G NYC Takeover album release party at the Highline Ballroom on Sunday, Aug. 9, 2015, in New York. (Photo by Andy Kropa/Invision/AP)
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It was just over 22 years ago that “Regulate” was released. Amazing track. One of the best. At least according to me and all of the other 40-something white dudes who liked to act cooler than we really were in the 90s, which is all of us.

A lot has happened since then. Nate Dogg died (RIP). Other major figures of west coast hip hop turned into moguls or family friendly movie stars. Everyone’s older. But part of me wonders if any of them are still on the cutting edge in some way or another, either as performers or artists or just as a matter of their own personal stance. Sometimes I wonder if any of them, like so many other artists who came before them, can have a career renaissance in their 40s and 50s.

Maybe. But not Warren G. Man, seriously not Warren G.

 

Here’s to better times:

The Diamondbacks read mean tweets about their new uniforms

Arizona Diamondbacks starting pitcher Shelby Miller throws in the first inning against the San Diego Padres in a baseball game Saturday, April 16, 2016, in San Diego. Miller left the game in the second inning after he injured his throwing hand when his follow through hit the mound. (AP Photo/Lenny Ignelzi)
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I’m on record as not being a big fan of the Diamondbacks’ many, many new uniforms. Not my cup of tea in either color or style, to be honest. I’ve even tweeted some negative things about them.

Thankfully, however, the Dbacks social media folks either didn’t see my tweets or didn’t take too much issue with them. They did with many other people’s, however, including some baseball writers I know. And then they read them and riffed on ’em.

Glad everyone has a sense of humor here.