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.

Report: Mets expect Terry Collins to retire at the end of the season

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The Mets expect manager Terry Collins to retire at the end of the season, sources tell Kristie Ackert of the New York Daily News. Collins and the Mets haven’t discussed an extension on his current contract, which expires at season’s end.

Collins, 67, has managed the Mets for the last seven seasons. Overall, he led them to a 546-578 record during the regular season and the team twice made the playoffs. The Mets lost the 2015 World Series to the Royals in five games, and lost the 2016 NL Wild Card Game to the Giants.

Injuries are much more to blame for the Mets’ struggles in 2017. After another loss on Wednesday, the Mets fell to 65-87. They will open the final homestand of the season on Friday with three games against the Nationals and four against the Braves. They could be Collins’ last in New York as manager of the Mets.

Reds to extend protective netting at Great American Ball Park

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The Reds announced on Thursday that the protective netting at Great American Ball Park will be extended to the end of each dugout in time for Opening Day next season. The press release notes that the current netting meets Major League Baseball’s guidelines and the new netting will go beyond those standards.

The netting “debate” came back on Wednesday when a young fan was struck in the face by a foul ball at Yankee Stadium. The Yankees have done about the bare minimum in installing protective netting, which rightly earned them criticism. Brian Dozier, Todd Frazier, and Didi Gregorius each said yesterday that the netting should be extended. Other teams and Major League Baseball in general received criticism. Jeff Passan of Yahoo Sports, for example, said the relative lack of action on MLB’s part is “morally repugnant.”

Zach Buchanan of the Cincinnati Enquirer notes that the Reds had already had this idea prior to Wednesday’s incident at Yankee Stadium.