Closing Arguments Delivered In Barry Bonds Trial

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


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.

Corey Kluber dazzles as Indians blank Cubs 6-0 in Game 1 of the World Series

CLEVELAND, OH - OCTOBER 25:  Corey Kluber #28 of the Cleveland Indians throws a pitch against the Chicago Cubs during the first inning in Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
Jamie Squire/Getty Images

From the moment Kris Bryant struck out looking for the second out of the first inning in Game 1 of the World Series, the Cubs knew Indians starter Corey Kluber brought his A-game and that they were in for a long night. Bryant was Kluber’s second strikeout victim in as many batters and he would go on to strike out eight batters through the first three innings, setting a World Series record.

The Indians, meanwhile, gave Kluber an early cushion, scoring twice in the bottom of the first inning. Francisco Lindor hit a two-out single, then stole second base against starter Jon Lester. Lester proceeded to walk Mike Napoli and Carlos Santana to load the bases. Jose Ramirez brought one run home with an infield single to the left of the pitcher’s mound. The lefty then hit Brandon Guyer with a pitch to force in another run, giving the Indians a 2-0 lead.

The Indians scored one more run in the fourth inning when catcher Roberto Perez snuck a solo home run over the fence in left field, victimizing Lester yet again.

The Cubs struggled to get any kind of momentum going, wasting a leadoff double by Ben Zobrist in the second inning and a two-out double by Kyle Schwarber in the fourth. Through six innings, Kluber yielded only three hits with zero walks and nine strikeouts. He took the mound to start the seventh but departed after Zobrist led off with a single to left field.

Reliever and ALCS MVP Andrew Miller entered the game, but the Cubs seemed to have a better time against him. Schwarber drew a walk and Javier Baez singled to left, loading the bases. At the very least, it seemed, Miller would give up at least one run, if not two. The average team scored two runs with the bases loaded and no outs, according to Baseball Prospectus. But Miller showed why he was named the MVP of the ALCS, getting Willson Contreras to fly out to shallow center. Schwarber thought the ball would drop, so he was way off the second base bag, but center fielder Rajai Davis didn’t notice and fired home to ensure a run didn’t score. Despite the mistake, Miller rebounded by striking out Addison Russell and David Ross to escape the inning with no damage done

Miller returned to the mound for the eighth inning for his second inning of work. After getting Dexter Fowler to fly out, he walked Bryant. Miller got Anthony Rizzo to fly out to shallow center, but Zobrist singled to center to put runners on first and third with two outs. On his 46th pitch of the night, Miller struck out Schwarber to escape the inning.

Perez decided to double the Indians’ lead to 6-0 in the bottom of the eighth. Cubs reliever Justin Grimm walked Guyer and allowed a single to Lonnie Chisenhall, forcing manager Joe Maddon to replace him with Hector Rondon. Rondon hung a 2-2 slider and Perez crushed it, this time clearing the fence by plenty for a three-run homer. He’s the first catcher with two homers in a World Series game since Gary Carter in 1986.

Closer Cody Allen, who thought he was going to be used in a save situation, took over in the top of the ninth. After striking out Baez, Contreras doubled to right field. Allen then struck out Russell as well as pinch-hitter Miguel Montero to end the game in a 6-0 victory for the Indians.

Game 2 of the World Series will start an hour earlier than usual on Wednesday due to forecasted inclement weather late at night. Jake Arrieta will make the start for the Cubs opposite the Indians’ Trevor Bauer.

World Series Game 2 to start an hour earlier due to forecasted rain

CLEVELAND, OH - OCTOBER 25:  The Cleveland Indians and the Chicago Cubs stands during the national anthem prior to Game One of the 2016 World Series at Progressive Field on October 25, 2016 in Cleveland, Ohio.  (Photo by Jason Miller/Getty Images)
Jason Miller/Getty Images

Major League Baseball announced that the starting time of Game 2 of the World Series between the Cubs and Indians at Progressive Field on Wednesday night has been moved up to 7:08 PM EDT due to a forecast that calls for heavy rain late in the night, ESPN’s Jayson Stark reports.

Jake Arrieta will start for the Cubs against the Indians’ Trevor Bauer, assuming his finger injury doesn’t prevent him from doing so.

While an 8 PM start puts the game in a better TV slot, most of the playoff games have been ending around midnight or later. That makes it difficult for kids on the East coast to watch and enjoy the entirety of the games. As we know, baseball has a looming problem in that its viewing audience is getting steadily older. Having playoff games start at 7 PM consistently — or even 6 PM, for that matter — might be good for the future of the game.