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.

Video: Jaime Garcia hits a 399-foot grand slam

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Jaime Garcia has been at the center of trade talks for several days now, but on Friday night, he commanded center stage for an entirely different reason. The Braves’ southpaw went head-to-head with Dodgers’ lefty Alex Wood and mashed his first career grand slam: a two-out, 399-foot blast that cleared the wall in right field and put the Braves up 9-0 in the fifth inning.

The bases-loaded knock was the third career home run for Garcia, whose contributions at the plate have been few and far between over his nine-year track in the major leagues. Not only did the homer mark an impressive career first for the 30-year-old, but it was just the second pitcher grand slam in Braves’ history and the first since 1966.

Garcia looked almost as impressive on the mound during Friday’s series opener, issuing one run, four hits and three strikeouts through his first six innings. The Braves currently lead the Dodgers 12-1 in the top of the seventh inning.

As for whether the slam will affect negotiations between the Braves and Twins? MLB.com’s Mike Petriello put it best:

Ryon Healy exits game after taking a ground ball to the face

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Athletics’ first baseman Ryon Healy had a scary moment during Friday’s loss to the Mets. Lucas Duda smacked a single to the first base side, where the ball took a high hop and caught Healy in the left temple. He crumpled to the ground after getting struck by the one-hopper, but was eventually able to stand and walk off the field with assistance from a trainer.

Prior to the injury, Healy went 2-for-3 at the plate with an RBI single in the first inning. He was replaced by Yonder Alonso, who finished off the rest of the night’s 7-5 loss with a walk in two plate appearances.

Following the game, manager Bob Melvin told reporters that Healy did not appear to have sustained a concussion as a result of the hit. Healy said he thinks he’ll be good to go for Saturday’s game, though a final decision likely won’t be made until tomorrow.