Barry Bonds

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


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?

People are paying tens of thousands to get into the World Series

CHICAGO, IL - OCTOBER 24:  Chicago Cubs fans visit Wrigley Field on October 24, 2016 in Chicago, Illinois. The Cubs will face off against the Cleveland Indians in the World Series beginning tomorrow. This will be the Cubs first trip to the series since 1945. The Indians last trip to the series was 1948.  (Photo by Scott Olson/Getty Images)
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Ticket prices for the World Series are always ridiculous, but this year things are heading to a whole new ridiculous level.

Now, to be clear, some of the figures you hear are not what will be paid for tickets. The Associated Press has the de rigueur story of ticket holders asking, like, a million dollars for their tickets and ticket seekers willing to give all kinds of in-kind goods and services for a chance to see the Cubs play in Wrigley. A lot of that noise will never amount to any real transaction and, in some cases, will likely end up with someone getting arrested. It’s crazy time, you know.

But even if those million dollar and sex-for-tickets stories end up being more smoke than fire, people will end up paying astronomical prices to get in. Some already are. ESPN’s Darren Rovell reports that someone paid $32,000 on StubHub for 4 seats in the front row by the Cubs visitors dugout for Game 2 at Progressive Field in Cleveland. The prices in Wrigley Field for Games 3, 4 and, if necessary, 5 will likely go higher. There’s a ton of pent-up demand on the part of both Cubs and Indians fans, after all.

Still: trying to imagine how an in-stadium experience, no matter how long someone has been waiting for it, is worth that kind of scratch. Guess it all depends on whether that kind of money constitutes that kind of scratch for a given person.

World Series Reset: Cubs vs. Indians Game 1

CLEVELAND, OH - OCTOBER 24:  Manager Joe Maddon of the Chicago Cubs speaks with the media during Media Day for the 2016 World Series at Progressive Field on October 24, 2016 in Cleveland, Ohio.  (Photo by Tim Bradbury/Getty Images)
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The Game: Chicago Cubs @ Cleveland Indians, World Series Game 1
The Time: 8:00 PM EDT
The Place: Progressive Field, Cleveland
The Channel: FOX
The Starters: Jon Lester (Cubs) vs. Corey Kluber (Indians)

The Upshot:

After 2,430 (give or take) regular season games and 28 playoff games, we’ve arrived at the World Series. By now the teams should need no introduction, but if you’d like a general overview, by all means, check out or World Series preview from yesterday. The short version: the Cubs may be the best team in baseball this year, but the World Series is a lot more evenly-matched than many believe. Including the gamblers who have caused the Vegas oddsmakers to set this as a 2-1 affair in favor of the Cubs. We don’t think that reflects baseball reality, even if it reflects gambling reality.

On the field in Game 1 is a classic battle of aces. Jon Lester, who has a chance to win the NL Cy Young Award this year, faces off against Corey Kluber, who won the Cy Young Award a couple of years ago and rounded back into Cy Young form in the second half of this season. At the moment manager Terry Francona certainly sees him as an old school ace, with reports that Kluber could get the start in Game 1, Game 4 and, if necessary, Game 7 should things last that long. Somewhere Bob Gibson is smiling.

Lester is 2-0 and has allowed two runs in 21 playoff innings across three starts this year. He threw eight shutout innings in Game 1 of the Division Series against the Giants, gave up one run in six innings in Game 1 of the NLCS against the Dodgers and gave up one run in seven innings in an Game 5 of the NLCS. For his part, Kluber tossed seven shutout innings against the Red Sox in the Division Series, six and a third shutout innings against the Jays in the first game of the ALCS and allowed two runs in five innings in a loss in Game 5 of the ALCS.

The Indians are hoping, of course, that Kluber can leave with a lead, allowing them to go long with relief aces Andrew Miller and Cody Allen. The Cubs will no doubt be looking to strike quickly, knowing that coming from behind against that Cleveland pen is a tall order. Not that the Indians can count on late heroics themselves given that Aroldis Champan looms late for the Cubs. Both lineups are filled with potential game-changing bats, but bullpens loom large here.

The runup to this has been all about 1908 and 1945 and 1948 with a splash of 1995 and 1997 thrown in. None of that matters as of tonight. At that point, the game will be in the hands of men who weren’t even born for most of that and who have only hazy memory of some of it. The 2016 World Series will be decided by 2016 players, not by curses or the weight of history.

It all gets underway just after 8pm.