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.

The first native Lithuanian in MLB history made his debut last night

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Why yes, it is a slow news day. But let’s not allow that to take away from some MLB history.

Last night a young man named Dovydas Neverauskas pitched in mopup duty for the Pirates, who were getting hammered by the Cubs. Mr. Neverauskas pitched two innings, allowing one run, making him, by default, the most effective pitcher the Pirates sent out there last night.

That’s good, but that’s not what makes it historic. What makes it historic is that Neverauskas is the first person born and raised in Lithuania to make the Majors. Here’s some back story on him from last year’s Futures Game.

Lithuania is known for producing basketball players. Now it has its first major leaguer. Whether he becomes baseball’s Arvydas Sabonis is an open question.

Bumgarner: dirt bike adventure was “definitely not the most responsible decision”

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Madison Bumgarner talked to the press yesterday about his dirt bike injury and its fallout.

While there is some speculation that the Giants may change their approach to Bumgarner’s contract situation at some point as a result of all of this, yesterday Bumgarner noted that the organization has been supportive as have his teammates. He said he apologized to them as well for an act he characterized as “definitely not the most responsible decision.”

As for the wreck itself, Bumgarner was a bit embarrassed to say that it wasn’t the result of doing anything cool or spectacular on the bike. Sounds like he probably just laid the thing down. Guess it makes no real difference given that he’s injured either way, but you’d hope to at least get a cool story out of it. Alas.

Here’s video of him talking to the press. The best and most accurate takeaway from it: when he says “it sucks.” Yep.