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.

What’s on Tap: Previewing Sunday’s action

SEATTLE, WA - SEPTEMBER 19:  Starting pitcher Taijuan Walker #44 of the Seattle Mariners pitches against the Toronto Blue Jays in the fourth inning at Safeco Field on September 19, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
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The last time the Mariners qualified for a postseason berth, I was eleven years old. My lone memory of the Mariners’ historic 116-win season has been reduced to a brief conversation with my father over nachos at our local Mexican restaurant. The details of our conversation are lost to me now; with an upbringing specifically tailored to Seattle Seahawks football, even the best and brightest of the Mariners’ glory days appeared as little more than a blip on my radar.

The Mariners enter Sunday with a 14% chance of securing a ticket to the playoffs. They’ll kick off the series finale at 2:10 PM EDT, during which Seattle’s Taijuan Walker will take on Minnesota lefty Hector Santiago. Neither pitcher looked dominant on the mound last week, with both Walker and Santiago lasting just 5  innings in their previous starts and giving up three runs and six runs in their respective outings.

What should have been an easy sweep for Seattle turned ugly on Saturday night as the Mariners battled their way to a 3-2 loss in Minnesota. Nelson Cruz‘s mammoth two-run homer was the only saving grace for an offense that has produced at a .263/.334/.437 clip in September. With a three-game set against the Astros on Monday and a final homestand against the A’s next weekend, it’ll take a significant push to propel the Mariners into October baseball.

Should they beat the odds and snap a 15-year playoff drought, however, I’ll be following every step of the way this time — whether the postseason goes the way of the Double or a Geronimo Berroa home run. (Just don’t make me give up my nachos.)

You can find more from Sunday’s action below.

New York Yankees (Michael Pineda) @ Toronto Blue Jays (Marco Estrada), 1:07 PM EDT

Boston Red Sox (Eduardo Rodriguez) @ Tampa Bay Rays (Jake Odorizzi), 1:10 PM EDT

Chicago White Sox (Carlos Rodon) @ Cleveland Indians (Josh Tomlin), 1:10 PM EDT

Kansas City Royals (Edinson Volquez) @ Detroit Tigers (Matt Boyd), 1:10 PM EDT

Philadelphia Phillies (Jake Thompson) @ New York Mets (Robert Gsellman), 1:10 PM EDT

Arizona Diamondbacks (Braden Shipley) @ Baltimore Orioles (Dylan Bundy), 1:35 PM EDT

Washington Nationals (A.J. Cole) @ Pittsburgh Pirates (Tyler Glasnow), 1:35 PM EDT

Cincinnati Reds (Brandon Finnegan) @ Milwaukee Brewers (Wily Peralta), 2:10 PM EDT

Los Angeles Angels (Daniel Wright) @ Houston Astros (Joe Musgrove), 2:10 PM EDT

Seattle Mariners (Taijuan Walker) @ Minnesota Twins (Hector Santiago), 2:10 PM EDT

Texas Rangers (Colby Lewis) @ Oakland Athletics (Jharel Cotton), 4:05 PM EDT

Colorado Rockies (Tyler Anderson) @ Los Angeles Dodgers (Brandon McCarthy), 4:10 PM EDT

San Francisco Giants (Ty Blach) @ San Diego Padres (Clayton Richard), 4:40 PM EDT

St. Louis Cardinals (Carlos Martinez) @ Chicago Cubs (Jon Lester), 8:08 PM EDT

Atlanta Braves vs. Miami Marlins: POSTPONED

Settling the Scores: Saturday’s results

SAN DIEGO, CALIFORNIA - SEPTEMBER 24:  Denard Span #2 of the San Francisco Giants, right, is congratulated by Roberto Kelly #39 after hitting a two-run home run during the tenth inning of a baseball game against the San Diego Padres at PETCO Park on September 24, 2016 in San Diego, California.  (Photo by Denis Poroy/Getty Images)
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Amid the clash and clatter of division races, wild card nail-biters, and postseason finishes, the Giants and Padres played a baseball game.

It wasn’t a particularly brilliant game — Madison Bumgarner surrendered five runs and a season-high three homers over six frames, while the bullpen blew a one-run lead in the seventh — but it served its purpose in the end. Denard Span’s 10th inning home run cemented the Giants’ 82nd win of the season, scooting them half a game up in the wild card standings and keeping the Dodgers from clinching the division.

Granted, the Dodgers only need one more win (or, alternatively, a Giants’ loss) to lay claim to the division title, and it’s almost certain that they’ll take the NL West on Sunday. A division title may be out of reach for the Giants, but they’ll still face fierce competition from the Mets and Cardinals for a wild card spot heading into the last week of the season.

Here are the rest of the box scores from Saturday’s games. Keep an eye out for Dustin Pedroia‘s grand slam, Josh Reddick‘s grand slam, and Hunter Renfroe’s first career home run.

Royals 7, Tigers 4

Cardinals 10, Cubs 4

Rangers 5, Athletics 0

Blue Jays 3, Yankees 0

Red Sox 6, Rays 4

Orioles 6, Diamondbacks 1

Nationals 6, Pirates 1

Marlins 6, Braves 4

White Sox 8, Indians 1

Reds 6, Brewers 1

Angels 10, Astros 4

Phillies 10, Mets 8

Twins 3, Mariners 2

Giants 9, Padres 6 (10 innings)

Dodgers 14, Rockies 1