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.

Cardinals playoff roster: Wainwright and Molina in, Adams and Choate out

Adam Wainwright

St. Louis announced its roster for the NLDS and the biggest news is the inclusion of Adam Wainwright as a reliever.

Expected to miss the entire season following a torn Achilles’ tendon in April, he instead returned to make three relief appearances in the final week of the season and now may be counted on to get some key late-inning outs against the Cubs.

Right-hander Steve Cishek and left-hander Randy Choate are not on the NLDS roster, losing their bullpen spots to Tyler Lyons and Carlos Villanueva. Outfielders Jon Jay and Tommy Pham both made the roster, which had been a topic of much debate in Cardinals nation.

First baseman Mark Reynolds made the roster, but first baseman Matt Adams did not despite returning from the disabled list for some late-season action. And of course catcher Yadier Molina is on the roster and will give it a go playing through a sprained left thumb that’s sidelined him since September 20.

John Lackey will start Game 1, followed in the rotation by Jaime Garcia in Game 2, Michael Wacha in Game 3, and Lance Lynn in Game 4.

ALDS, Game 1: Rangers vs. Blue Jays lineups

Toronto Blue Jays' starting pitcher David Price works against the Baltimore Orioles during first inning of a baseball game in Toronto, Saturday, Sept. 5, 2015. (Darren Calabrese/The Canadian Press via AP) MANDATORY CREDIT

Here are the Rangers and Blue Jays lineups for Game 1 of the ALDS in Toronto:

CF Delino DeShields
RF Shin-Soo Choo
3B Adrian Beltre
DH Prince Fielder
1B Mike Napoli
LF Josh Hamilton
SS Elvis Andrus
2B Rougned Odor
C Robinson Chirinos

SP Yovani Gallardo

With left-hander David Price on the mound for Toronto the Rangers are going with Mike Napoli at first base over Mitch Moreland. Beyond that it’s a pretty standard lineup for Texas, or at least standard for what manager Jeff Banister used down the stretch once Josh Hamilton was healthy enough to play left field.

LF Ben Revere
3B Josh Donaldson
RF Jose Bautista
DH Edwin Encarnacion
SS Troy Tulowitzki
1B Justin Smoak
C Russell Martin
2B Ryan Goins
CF Kevin Pillar

SP David Price

After returning from the disabled list for the final weekend of the regular season Troy Tulowitzki is in the lineup and batting fifth. That allows Ryan Goins to play second base in place of the injured Devon Travis. Justin Smoak gets the nod over Chris Colabello at first base against a right-hander.

Astros leave Chad Qualls off playoff roster, add Preston Tucker

Chad Qualls Getty
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Houston made one unexpected change to the roster for the ALDS, leaving off veteran reliever Chad Qualls.

Qualls warmed up but never appeared in the Wild Card game win over the Yankees and during the regular season the 36-year-old right-hander logged 49 innings with a 4.38 ERA and 46/9 K/BB ratio. Qualls was on the Astros’ last playoff team in 2005.

Utility man Jonathan Villar has been bumped off the roster in favor of outfielder Preston Tucker, as the Astros opted for a good left-handed bat off the bench versus the Royals rather than Villar’s speed.