Closing Arguments Delivered In Barry Bonds Trial

Legal experts weigh in on Barry Bonds’ post-trial strategy

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A lot of people have been asking in the comments recently about whether the somewhat inexplicable jury verdict against Barry Bonds will be overturned, vacated, appealed, whatever. I’m not a criminal procedure expert so the specific mechanics relating to a trial judge’s ability to set aside a jury verdict are a little amorphous to me, and NBC doesn’t pay me enough to go hit the law library to figure it out. Not that I’d really want to anyway.

My sense, though, is that it’s a really tall order to have a verdict set aside — it’s certainly the case in civil trials, and I would guess that it’s harder in the criminal sphere — but that Bonds’ appeallate avenues are wide open and pretty, um, appealing given the bad jury instructions that were given on obstruction of justice and the unusual and, in my view, incoherent he-didn’t-perjure-himself-but-he-did-obstruct-justice outcome of the trial.

Today the New York Times tracks down people who know more about this stuff than I do and tries to hash it all out.  Worth noting — though they’re obviously biased — is that Bonds’ own attorneys considered the verdict the other day to be pretty good news all things considered. They they think that Judge Illston will vacate the conviction on May 20th and that Bonds will go free (you know what I mean).  Other legal experts believe that such optimism is “reasonable” but that appeal may be a more sure route to success:

Bradley Simon, a former federal prosecutor who specializes in white-collar criminal defense, said the defense might say that Bonds’s evasive statements to the grand jury did not rise to the level of obstruction of justice. He said that it was one of the arguments that make a strong case and that the issue might set off an appeal that would last for years.

“I think there’s a reasonable chance the judge will agree with the defense, but even if she doesn’t dismiss it, they have a really good appellate question,” Simon said. “No matter how you look at it, this is a great result for the defense because they have an issue that calls the conviction into question.”

I don’t think he means “great result” in terms of the conviction being great. I think he means things are set up well for appeal purposes, even if an acquittal would be preferable.  But hey, what do I know?

But even if I don’t know anything, my gut tells me that contrary to what one of the other experts says in the article, this case doesn’t seem likely to settle with a plea.  I am highly skeptical that the prosecution will go through a retrial of the other counts, and barring that as a legitimate threat, they have nothing to offer Bonds (i.e. they’re not going to come off of him admitting to one count). Bonds, in contrast, has to believe that he’s got a great shot on appeal.  As such, my guess is that this either ends with the judge setting this aside in May or after a lengthy appeal.

Orioles re-sign Michael Bourn to a minor league deal

TORONTO, ON - OCTOBER 04:  Michael Bourn #1 of the Baltimore Orioles hits a single in the fifth inning against the Toronto Blue Jays during the American League Wild Card game at Rogers Centre on October 4, 2016 in Toronto, Canada.  (Photo by Tom Szczerbowski/Getty Images)
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The Orioles have re-signed outfielder Michael Bourn to a minor league contract with an invitation to major league camp, MASN’s Roch Kubatko reports.

Bourn, 34, joined the Orioles last year in a trade from the Diamondbacks on August 31. Though he compiled a meager .669 OPS with the Diamondbacks, Bourn hit a solid .283/.358/.435 in 55 plate appearances with the O’s through the end of the season.

Bourn, a non-roster invitee to camp, will try to play his way onto the Orioles’ 25-man roster. If he does make the roster, Bourn will receive a $2 million salary, Jon Heyman of FanRag Sports points out.

Shelby Miller is in the best mental shape of his life

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller had about as bad a season as one can have. He was the headliner in the trade that sent 2015 No. 1 overall pick Dansby Swanson, All-Star outfielder Ender Inciarte, and highly-regarded pitching prospect Aaron Blair to the Braves. It was a trade that was pilloried at the time and continues to be pilloried to this day.

Miller didn’t do then-GM Dave Stewart any favors with his 2016 performance. He went 3-12 with a 6.15 ERA and a 70/42 K/BB ratio over 101 innings. That included a bout with mechanical failure, as he kept hitting the mound with his follow-through. He went on the disabled list. And after that, he was demoted to Triple-A. After getting fired, Stewart expressed remorse over acquiring Miller — or, more accurately, giving up Swanson to do so.

So, the 26-year-old Miller heads into 2017 without any momentum. To his credit, though, he’s going into the new season with a very positive perspective. Via Ken Rosenthal of FOX Sports:

I’m just in a really happy place, away from the field, on the field. […]

Maybe it’s just the way I go about everything, trying to be positive in every single aspect of life. Baseball’s not perfect. I’m not perfect. I know bumps in the road are going to happen. Last year was obviously not just a bump, but a huge mountain. Right now, that’s completely behind me. I’m not worried about any of that.

I’m really ready for this year, ready to redeem myself so much.

Even pitching coach Mike Butcher sees the change in Miller’s mentality. “He’s not a different guy. But you can see there’s a presence in him. That’s what we need. Just be Shelby Miller. You don’t have to live up to anything. Just be yourself.”

Manager Torey Lovullo, too, praised Miller. “I saw a guy who had spent a lot of time taking care of his business in the weight room — he looks fantastic, in fantastic shape,” he said.

It sounds like Miller is not only in great mental shape, but great physical shape, too. Is it the “best shape of his life”? Only time can tell.