Barry Bonds

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

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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?

What’s on Tap: Previewing Tuesday’s action

DENVER, CO - JULY 20:  Starting pitcher Chris Archer #22 of the Tampa Bay Rays delivers to home plate during the third inning against the Colorado Rockies at Coors Field on July 20, 2016 in Denver, Colorado. (Photo by Justin Edmonds/Getty Images)
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Chris Archer will take the mound for the Rays on Tuesday night at Dodger Stadium, opposing Dodgers right-hander Bud Norris in a 10:10 PM EDT start. It’s convenient that what could be Archer’s final start could be right in front of the team with which he eventually lands.

A rival executive told ESPN’s Jayson Stark last week that he believes there’s a “70 percent” chance Archer winds up with the Dodgers. It makes sense, as Archer is arguably the best pitcher — current won-lost record and ERA aside — available heading into the August 1 non-waiver trade deadline. The Dodgers need an impact pitcher if the club is to keep pace in the NL West and the NL Wild Card races. Entering Tuesday’s action, the Dodgers are 56-44, 2.5 games behind the first-place Giants and holding the first of two Wild Card slots.

The Dodgers, notably, are without Clayton Kershaw, who is dealing with mild disk herniation in his lower back and may require surgery. Hyun-Jin Ryu landed on the disabled list earlier this month after making his only start of the season. Alex Wood underwent an elbow procedure recently and may rejoin the team in mid- to late-September.

Archer is 5-13, with the 13 losses leading all major league starters. He also has an uninspiring 4.60 ERA, but his total of 147 strikeouts is best in the American League. ERA retrodictors like FIP, xFIP, and SIERA believe Archer is anywhere from much better to significantly better than his ERA indicates.

Not that the Dodgers are pinching pennies, but Archer is also relatively affordable through as late as 2021. He’s earning $2.75 million this season, $4.75 in 2017, 6.25 million in ’18, and $7.5 million in ’19. He also has a $9 million club option for 2020 with a $1.75 million buyout and an $11 million club option for ’21 with a $250,000 buyout.

The rest of Tuesday’s action…

St. Louis Cardinals (Carlos Martinez) @ New York Mets (Noah Syndergaard), 4:05 PM EDT [Game One]

St. Louis Cardinals (Jaime Garcia) @ New York Mets (Bartolo Colon), TBD [Game Two]

Colorado Rockies (Chad Bettis) @ Baltimore Orioles (Chris Tillman), 7:05 PM EDT

Seattle Mariners (Felix Hernandez) @ Pittsburgh Pirates (Francisco Liriano), 7:05 PM EDT

San Diego Padres (Andrew Cashner) @ Toronto Blue Jays (Marcus Stroman), 7:07 PM EDT

Chicago Cubs (Kyle Hendricks) @ Chicago White Sox (James Shields), 7:10 PM EDT

Detroit Tigers (Mike Pelfrey) @ Boston Red Sox (Steven Wright), 7:10 PM EDT

Philadelphia Phillies (Jerad Eickhoff) @ Miami Marlins (Tom Koehler), 7:10 PM EDT

Washington Nationals (Gio Gonzalez) @ Cleveland Indians (Danny Salazar), 7:10 PM EDT

Oakland Athletics (Sonny Gray) @ Texas Rangers (Nick Martinez), 8:05 PM EDT

Arizona Diamondbacks (Patrick Corbin) @ Milwaukee Brewers (Matt Garza), 8:10 PM EDT

Atlanta Braves (Lucas Harrell) @ Minnesota Twins (Ervin Santana), 8:10 PM EDT

New York Yankees (CC Sabathia) @ Houston Astros (Doug Fister), 8:10 PM EDT

Los Angeles Angels (Tyler Skaggs) @ Kansas City Royals (Dillon Gee), 8:15 PM EDT

Cincinnati Reds (Cody Reed) @ San Francisco Giants (Matt Cain), 10:15 PM EDT

Cardinals place Trevor Rosenthal on the disabled list

ST. LOUIS, MO - JUNE 18: Closer Trevor Rosenthal #44 of the St. Louis Cardinals pitches against the Texas Rangers in the ninth inning at Busch Stadium on June 18, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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The Cardinals have placed reliever Trevor Rosenthal on the 15-day disabled list with inflammation in his right shoulder, MLB.com’s Jenifer Langosch reports. The club recalled Dean Kiekhefer from Triple-A Memphis.

Thus continues a terrible 2016 for Rosenthal, who lost his grip on the closer’s role last month. The right-hander has recorded the save in 14 of 18 chances with a 5.13 ERA and a 48/27 K/BB ratio in 33 1/3 innings. Seung-hwan Oh has handled save situations  for the Cardinals in July.

As the Cardinals are playing a doubleheader against the Mets on Tuesday, the club also recalled Sam Tuivailala to serve as the 26th man on the roster.