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?

Matthew Stafford audibles with “Kershaw! Kershaw!”

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Last night the Detroit Lions played the New York Giants. During the game Lions quarterback Matthew Stafford called an audible. The call itself referenced Stafford’s childhood friend and high school baseball teammate, Dodgers ace Clayton Kershaw. From the Freep:

Matthew Stafford stepped to the line of scrimmage late in the third quarter and surveyed the Giants defense.

With five pass rushers across the front and three Giants cornerbacks showing a press-man look, Stafford looked at his two receivers to the left and invoked the name of his childhood friend, Los Angeles Dodgers pitcher Clayton Kershaw.

“Give me Kershaw here, Kershaw,” Stafford said, repeating his friend’s name two more times as he spun around at the line of scrimmage.

The audible did not result in a pick-4 to Aaron Altherr. It called for a run up the middle. And it worked nicely, gaining eight yards.

You may suggest the results of other starting pitcher-themed audibles in the comments. I’ll start: “Harvey! Harvey!” is where the QB fakes a handoff, drops back, looks deep and then his arm falls completely off. Damndest thing.

Matt Harvey has a 13.19 ERA since coming back from the disabled list

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Matt Harvey‘s season was mostly a loss due to extended time on the disabled list. He’s been given a chance, however, to end the season strong and make a case for himself in the Mets’ future plans. Unfortunately, he has been unable to make that case. He was shelled again last night, and his late season opportunity has been a disaster.

Last night Harvey gave up seven runs on 12 hits and struck out only two batters in four innings against a Marlins team that, until facing him anyway, had been reeling. It was his fourth start since going on the shelf in mid-June and in those four starts he’s allowed 21 runs, all earned, on 32 hits in 14.2 innings, for an ERA of 13.19. In that time he’s struck out only eight batters while walking seven. His average fastball velocity, while ticking up slightly in each of his past four starts, is still below 95. Back when he was an ace he was consistently above that. His command has been terrible.

Injury is clearly the culprit. He had Tommy John surgery just as he was reaching his maximum level of dominance in 2013. While he came back strong in 2015, he was used pretty heavily for a guy with a brand new ligament. Last year he was felled by thoracic outlet syndrome and this year a stress injury to his shoulder. Any one of those ailments have ended pitchers’ careers and even among those who bounce back from them, many are diminished. To go through all three and remain dominant is practically unheard of.

Yet this is where Matt Harvey is. He’s 28. He’s still arbitration eligible, for a team that is, to put it politely, sensitive to large financial outlays. While his 4-5 start opportunity to end the year may very well have been seen as a chance to shop Harvey to another team, his trade value is at an all-time low. It would not be shocking if, on the basis of his recent ineffectiveness, the Mets considered non-tendering him this offseason, making him a free agent.

Someone would probably take a chance on him because famous names who once showed tremendous promise are often given multiple chances in the big leagues (See, Willis, Dontrelle). But at the moment, there is nothing in Harvey’s game to suggest that he is capable of taking advantage of such a chance. All one can hope is that an offseason of rest and conditioning will allow Harvey to reclaim at least a portion of his old form.