Closing Arguments Delivered In Barry Bonds Trial

Legal experts weigh in on Barry Bonds’ post-trial strategy

8 Comments

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.

Cespedes has 6 RBIs during Mets’ record 12-run inning vs SF

cespedes
Getty Images
2 Comments

NEW YORK — Yoenis Cespedes and the New York Mets broke loose for a team-record 12 runs in the third inning Friday night, rolling to their seventh straight victory with a 13-1 blowout of the San Francisco Giants.

Cespedes set a club mark with six RBIs in the inning, connecting for a two-run single off starter Jake Peavy (1-2) and a grand slam off reliever Mike Broadway that capped the outburst.

The early barrage made it an easy night for Steven Matz (3-1) in the opener of a three-game series between the last two NL champions. The left-hander tossed six shutout innings to win his third consecutive start.

Michael Conforto had an RBI double and a run-scoring single in the Mets third, which lasted 39 minutes, 47 seconds. He and Cespedes were two of the four players who scored twice. Asdrubal Cabrera greeted Broadway with a two-run double.

Marlins’ Conley pulled in 8th with no-hit bid, Brewers rally

conley
Getty Images
2 Comments

MILWAUKEE — Marlins lefty Adam Conley threw no-hit ball for 7 2/3 innings before being pulled by manager Don Mattingly after 116 pitches, and Miami’s bullpen wound up holding off the Milwaukee Brewers 6-3 Friday night.

Jonathan Lucroy blooped a single with one out in the ninth off reliever Jose Urena to break up the combo no-hit bid. The ball landed in right field just beyond the reach of diving second baseman Derek Dietrich.

Dietrich was playing in place of speedy Gold Glove winner Dee Gordon, who was suspended by Major League Baseball on Thursday night after a positive drug test.

The 25-year-old Conley (1-1) struck out seven and walked four. Urena replaced him.

The Brewers scored three times on four hits in the ninth. They loaded the bases before A.J. Ramos struck out Jonathan Villarfor his seventh save.

Earlier this month, Ross Stripling of the Dodgers threw no-hit ball for 7 1/3 innings against San Francisco in his major league debut and was taken out after 100 pitches.

Warren G just gave the worst performance of “Take me out the ballgame” ever

Warren G performs at the Warren G NYC Takeover album release party at the Highline Ballroom on Sunday, Aug. 9, 2015, in New York. (Photo by Andy Kropa/Invision/AP)
Associated Press
13 Comments

It was just over 22 years ago that “Regulate” was released. Amazing track. One of the best. At least according to me and all of the other 40-something white dudes who liked to act cooler than we really were in the 90s, which is all of us.

A lot has happened since then. Nate Dogg died (RIP). Other major figures of west coast hip hop turned into moguls or family friendly movie stars. Everyone’s older. But part of me wonders if any of them are still on the cutting edge in some way or another, either as performers or artists or just as a matter of their own personal stance. Sometimes I wonder if any of them, like so many other artists who came before them, can have a career renaissance in their 40s and 50s.

Maybe. But not Warren G. Man, seriously not Warren G.

 

Here’s to better times:

The Diamondbacks read mean tweets about their new uniforms

Arizona Diamondbacks starting pitcher Shelby Miller throws in the first inning against the San Diego Padres in a baseball game Saturday, April 16, 2016, in San Diego. Miller left the game in the second inning after he injured his throwing hand when his follow through hit the mound. (AP Photo/Lenny Ignelzi)
6 Comments

I’m on record as not being a big fan of the Diamondbacks’ many, many new uniforms. Not my cup of tea in either color or style, to be honest. I’ve even tweeted some negative things about them.

Thankfully, however, the Dbacks social media folks either didn’t see my tweets or didn’t take too much issue with them. They did with many other people’s, however, including some baseball writers I know. And then they read them and riffed on ’em.

Glad everyone has a sense of humor here.