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?

Matt Holliday wants to return in 2017

ST. LOUIS, MO - SEPTEMBER 30: Manager Mike Matheny #22 of the St. Louis Cardinals congratulates Matt Holliday #7 of the St. Louis Cardinals after he hit a solo home run against the Pittsburgh Pirates in the seventh inning at Busch Stadium on September 30, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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Matt Holliday might not have a landing spot with the Cardinals in 2017, but that doesn’t mean he’s ready to hang his cleats up just yet. Prior to the Cardinals’ afternoon set against the Pirates on Saturday, the 36-year-old expressed his desire to further his career elsewhere, even if staying in St. Louis is not a possibility.

It’s been a down year for the outfielder, who batted .242/.318/.450 through 107 games before landing on the disabled list with a fractured right thumb. His 0.6 fWAR is the lowest mark of his career to date. Notwithstanding two injury-riddled seasons (he was sidelined through most of 2015 with a right quadriceps strain), he’s performed admirably for the Cardinals over the past eight years, putting up a .292/.379/.494 batting line, 156 home runs, and 26.8 fWAR with the club. With a return to full health, he might not be on the market for long.

What’s on Tap: Previewing Saturday’s action

LOS ANGELES, CALIFORNIA - SEPTEMBER 24:  Clayton Kershaw #22 of the Los Angeles Dodgers throws a pitch in the first inning against the Colorado Rockies at Dodger Stadium on September 24, 2016 in Los Angeles, California.  (Photo by Stephen Dunn/Getty Images)
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It’s the last Clayton Kershaw start of the regular season. Prepare yourselves accordingly.

The Dodgers already have the NL West in the bag, but they’re still fighting for home-field advantage against the Nationals. Should the two teams end up with the same regular season record by Monday morning, the edge will go to the Dodgers, who have a better head-to-head record this year. Kershaw has already been announced as the starter for Game 1 of the NLDS, while the Nationals have kept their lineup close to the vest for the time being.

Facing the Dodgers is Giants’ left-hander Ty Blach, who is poised to make the second major league start of his career this afternoon. The Giants are in a precarious position heading into the last two games of the year and have the potential to force a three-way tie among NL wild card contenders. A thorough breakdown of the wild card and home-field advantage possibilities has been outlined here.

You can find more from Saturday’s action below.

New York Mets (Bartolo Colon) @ Philadelphia Phillies (Phil Klein), 1:05 PM EDT

Pittsburgh Pirates (Chad Kuhl) @ St. Louis Cardinals (Michael Wacha), 1:05 PM EDT

Baltimore Orioles (Wade Miley) @ New York Yankees (Luis Severino), 4:05 PM EDT

Los Angeles Dodgers (Clayton Kershaw) @ San Francisco Giants (Ty Blach), 4:05 PM EDT

Miami Marlins (Wei-Yin Chen) @ Washington Nationals (Tanner Roark), 4:05 PM EDT

Chicago Cubs (Jon Lester) @ Cincinnati Reds (Tim Adleman), 4:10 PM EDT

Cleveland Indians (Trevor Bauer) @ Kansas City Royals (Edinson Volquez), 4:15 PM EDT

Detroit Tigers (Jordan Zimmerman) @ Atlanta Braves (Aaron Blair), 7:10 PM EDT

Minnesota Twins (Hector Santiago) @ Chicago White Sox (James Shields), 7:10 PM EDT

Toronto Blue Jays (J.A. Happ) @ Boston Red Sox (Eduardo Rodriguez), 7:10 PM EDT

Tampa Bay Rays (Jake Odorizzi) @ Texas Rangers (Colby Lewis), 8:05 PM EDT

Milwaukee Brewers (Wily Peralta) @ Colorado Rockies (Jeff Hoffman), 8:10 PM EDT

San Diego Padres (Clayton Richard) @ Arizona Diamondbacks (Archie Bradley), 8:10 PM EDT

Houston Astros (Collin McHugh) @ Los Angeles Angels (Tyler Skaggs), 9:05 PM EDT

Oakland Athletics (Jharel Cotton) @ Seattle Mariners (Hisashi Iwakuma), 9:10 PM EDT