Barry Bonds

Breaking: Barry Bonds guilty of obstruction of justice, but not perjury. Which makes no sense at all.

56 Comments

The jury in the Barry Bonds case has reached a verdict. At least on one count: Barry Bonds is guilty on the charge of obstruction of justice.  The jury has reached a hung verdict on the other three remaining counts. This makes no sense at all.

Bonds was facing four charges in all: three counts of lying to a grand jury — one each about taking steroids, taking HGH and receiving injections of any kind — and one catch-all count. That was the obstruction charge.  I’m not entirely sure how the jury could logically conclude that Bonds obstructed justice but not also conclude that he lied about the three specific topics for which he was accused of perjury.  There were no allegations of any other acts of obstruction beyond his testimony. He didn’t destroy evidence, for example.  If you have him for obstruction, how do you not have him on everything?  What possible act beyond lying — which the jury is saying they can’t agree on — can they convict him of obstruction?

The maximum sentence Bonds can receive for the obstruction count is 10 years in prison and a $250,000 fine. That’s not going to happen, however: others who have been convicted of similar charges in the BALCO prosecutions with similar criminal records (i.e. none), have received probation, short jail sentences and/or home confinement.  Most believe that Bonds would not receive anything greater.  The next hearing in the case — which could be the sentencing, but could be something prior to sentencing — has been set for May 20th.

As for the other three: the government has the option to retry Bonds.  I’d normally say that after all of this they wouldn’t bother. But then again, I thought they wouldn’t bother after most of their perjury evidence was thrown out on appeal, and yet they plowed ahead.

Now they have a conviction. On one count, and it’s a confusing verdict at that which could very well be the subject of a lot of post-trial procedure by the defense due to its logical inconsistency.  If you thought a verdict would bring closure: think again.

UPDATE:  More mystery.  It’s being reported that the basis of the obstruction conviction was the jury finding that Bonds obstructed justice with respect to his “Statement C” as listed in Count 5.  The underlined part of the following is “Statement C”

Q: Did Greg ever give you anything that required a syringe to inject yourself with?

A: I’ve only had one doctor touch me. And that’s my only personal doctor. Greg, like I said, we don’t get into each others’ personal lives. We’re friends, but I don’t – we don’t sit around and talk baseball, because he knows I don’t want – don’t come to my house talking baseball. If you want to come to my house and talk about fishing, some other stuff, we’ll be good friends, you come around talking about baseball, you go on. I don’t talk about his business. You know what I mean? …

Q: Right.

A: That’s what keeps our friendship. You know, I am sorry, but that – you know, that – I was a celebrity child, not just in baseball by my own instincts. I became a celebrity child with a famous father. I just don’t get into other people’s business because of my father’s situation, you see…

That is the answer that, according to the jury, obstructed justice. This despite the fact that the government lawyers questioning him had every opportunity to follow up, to clarify and to tell Barry Bonds that he wasn’t answering their question. An opportunity that they didn’t take, presumably because at the time they didn’t think that the answer Bonds gave was particularly problematic.

So: Bonds saying that he was a “celebrity child” who didn’t get into anyone’s business obstructed justice and brought down a prosecution over seven years in the making.
You cool with that?

Ryan Vogelsong placed on the DL with facial fractures

PITTSBURGH, PA - MAY 23: Ryan Vogelsong #14 of the Pittsburgh Pirates is carted off the field after being hit in the head by a pitch thrown by Jordan Lyles #24 of the Colorado Rockies in the second inning during the game at PNC Park on May 23, 2016 in Pittsburgh, Pennsylvania. (Photo by Justin Berl/Getty Images)
1 Comment

The Pirates have announced that starter Ryan Vogelsong has been placed on the 15-day disabled list due to facial fractures.

Vogelsong suffered the fractures yesterday afternoon when he was batting and was hit by a pitch by Colorado Rockies starter Jordan Lyles. Vogelsong, was taken off the field on a cart and admitted to a local hospital. A.J. Schugel has been recalled from Triple-A to take Vogelsong’s place on the roster.

The Padres National Anthem debacle explained

Petco Park
3 Comments

Outsports has what should be the final word about Saturday’s National Anthem debacle at Petco Park before the Dodgers-Padres game.

The upshot: it was not, not surprisingly, a homophobic conspiracy. Rather It was a series of unfortunate occurrences and dumb mistakes, once again validating the old saying about how one need not look to evil motives when mere stupidity can explain things. This is one of those times. Go read the post for the entire explanation. The short version of that is that, like a lot of anthem singers, the San Diego Gay Men’s Chorus was to sing along with a backing tape of themselves performing the anthem. The DJ in charge of it played the wrong date’s backing tape. He played the one from the female singer the night before.

In addition, Outsports spoke with that DJ — DJ Artform — who is embarrassed by his mistake and by not doing anything to correct it in the moment. DJ Artform was a contractor and his relationship with the Padres was terminated.

So that seems to be that. Until the next thing anyway. There is always a next thing.

Cubs release Shane Victorino

shane victorino getty
6 Comments

File this under “not terribly surprising,” but Shane Victorino was released from his minor league contract with the Cubs yesterday after batting .233/.324/.367 through nine games with Triple-A Iowa. Victorino says he does not plan on retiring, however, and that he plans to try to latch on someplace else.

It’ll be a supreme long shot. Victorino, 35, Victorino suffered a calf injury during spring training and missed all of spring training. Last year he played in only 71 games between the Red Sox and Angels, and 30 in 2014 with the Red Sox. He was last healthy and effective in 2013. In a league where older players don’t do as well as they used to, it seems unlikely that he’ll be able to find a gig.

If this is the end of the road for the Flyin’ Hawaiian, he’ll finish with a career batting line of .2750/.340/.425 with 108 homers, 489 RBI, 231 stolen bases and four Gold Glove Awards in 12 seasons. He also has two World Series rings, from the 2008 Phillies and the 2013 Red Sox. He was a two-time All-Star.

Maybe not the way he wanted to end his career, if this is indeed the end, but Victorino had a fine career while it lasted.

Miguel Sano criticized by his manager for dogging it on a defensive play

Screen Shot 2016-05-24 at 11.47.54 AM
8 Comments

Sal Perez of the Royals had a nice night last night, going 5-for-5. One of those five hits was a triple. But it maybe didn’t have to be a triple, as Perez’s hit to right field went over the head of Miguel Sano and off the wall, bouncing back toward the infield.

Sano is no one’s idea of a gold glover so getting on him for not catching a ball at the wall is only going to have so much of an effect. But Twins manager Paul Molitor was rightly upset, it would seem, for how Sano reacted after the ball bounced off the wall. Specifically: he basically just stopped and watched it roll away as center fielder Danny Santana had to spring over and field it as the slow Perez lumbered around the bases. Molitor:

“I think maybe he assumed that [second baseman Eduardo] Nunez or Danny were going to be in better position after he positioned himself close to the wall to make the catch,” Molitor said. “But you want him to go for the ball even if you think there’s somebody else to help you out. Sometimes you get caught assuming out there and it doesn’t look too good.”

You can watch the play below. It starts at around the :37 second mark and is Perez’s third hit in the sequence: