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?

The Padres non-tendered RHP Tyson Ross

SAN DIEGO, CALIFORNIA - APRIL 04:  Tyson Ross #38 of the San Diego Padres walks off the field as he's taken out of the game in the sixth inning of a baseball game against the Los Angeles Dodgers on opening day at PETCO Park on April 4, 2016 in San Diego, California.  (Photo by Denis Poroy/Getty Images)
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Per a report by MLB.com’s AJ Cassavell, the Padres non-tendered right-handed starter Tyson Ross on Friday, cutting loose their top ace after three seasons with the club.

Ross, 29, was sidelined for the bulk of the season with inflammation in his right shoulder and underwent thoracic outlet surgery in October. His injuries limited him to only 5 1/3 innings in 2016, during which he gave up seven runs and struck out five in a 15-0 blowout against the Dodgers.

Prior to his lengthy stint on the disabled list, the right-hander earned 9.5 fWAR and pitched to a 3.07 ERA and 9.2 K/9 rate in three full seasons with the Padres. He avoided arbitration with a one-year, $9.625 million deal prior to the 2016 season after leading the league with 33 starts and delivering a 3.26 ERA and career-best 4.4 WARP over 196 innings in 2015.

The Padres appear open to bringing Ross back to San Diego, reported Cassavell, albeit not at such a steep cost. Cassavell quoted Padres’ GM A.J. Preller, who was reportedly in trade talks involving Ross but unable to strike a deal, likely due to the right-hander’s recent health issues. Preller denied that those same health issues factored into the club’s decision to non-tender their ace.

With the move, Ross became one of 35 major leaguers to enter free agency on Friday.

Angels’ Pujols has foot surgery, could be sidelined 4 months

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ANAHEIM, Calif. — Los Angeles Angels slugger Albert Pujols had surgery on his right foot Friday, possibly sidelining him past opening day.

Angels general manager Billy Eppler said Pujols had the procedure Friday in North Carolina to release his plantar fascia, the ligament connecting the heel to the toes. The three-time NL MVP was bothered by plantar fasciitis repeatedly during the season, but played through the pain in arguably the strongest year of his half-decade with the Angels.

Eppler said the surgery typically prevents players from participating in baseball activities for three months, along with another month before they’re ready to resume playing in games. Opening day for Los Angeles is April 3, and the Angels hope Pujols can be ready.

“He’s at that point in his career where he’s keenly aware of what’s happening with his body,” Eppler said in a phone interview. “I don’t put the timetable on Albert like you would with your younger players. We’ll just see in Albert’s case, as he progresses, what his timetable is.”

Pujols, who turns 37 next month, batted .268 last year with 31 homers and 119 RBIs, the fourth-most in the majors – although his .780 OPS was among the worst of his career. He largely served as a designated hitter instead of playing first base due to problems with his hamstrings and feet.

Pujols heads into 2017 with 591 career homers, ranking him ninth in major league history. He is 18 homers behind Sammy Sosa for eighth place.

After playing in pain until the final week of the Angels’ disappointing season, Pujols began shock wave therapy on his foot early in the offseason, believing he wouldn’t need surgery.

But Pujols’ foot became more painful in recent weeks despite the therapy, and he huddled with the Angels’ top brass to decide on surgery after his most recent trip to see Dr. Robert Anderson in North Carolina. Continuing with conservative care would have required 10 more weeks, forcing Pujols to miss the first half of the 2017 season if he still required surgery.

“He just felt that the pain had gotten to a point where he was comfortable” having surgery, Eppler said. “If we did delay it, you’re just looking at 2 1/2 more months into the season.”

Pujols had a different type of surgery on his right foot last winter, but recovered in time for opening day. He also had plantar fasciitis in his left foot during the 2013 season, eventually forcing him out for the year when his fascia snapped.

Pujols has five years and $140 million remaining on the 10-year, $240 million free-agent contract that pried him out of St. Louis, where he won two World Series and became a nine-time NL All-Star.

The Angels haven’t won a playoff game since Pujols’ arrival and Mike Trout‘s concurrent emergence as one of baseball’s best players. They went 74-88 last season, the injury-plagued club’s worst record since 1999.