Closing Arguments Delivered In Barry Bonds Trial

Bonds jurors are second-guessing their votes

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It’s not often that you see jurors from high-profile cases tracked down well after the case is over, but the New York Times has tracked down the jurors from the Barry Bonds case.

And guess what? Several of them are following the post-trial aspects of the case quite closely.  And whaddaya know, four of the jurors who voted to convict Bonds on the obstruction charge are uncomfortable with their verdict:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

She said, however, that the jury instructions — which were pretty controversial on the obstruction point and will surely form the basis of an appeal — specifically ordered the jurors to focus only on the part of the testimony highlighted by the prosecution in the indictment, and that she and the others took that to mean that they should ignore the part of the testimony a couple of pages later when Bonds actually answered the question that was asked.

Which is nuts, of course, because the law of obstruction of justice actually cares whether justice was, in fact, obstructed. It’s not about whether a specific question was answered the second it was asked.

Of course, that’s not the only source of juror dissatisfaction. Another juror thinks Bonds is getting off too easy:

“Once the trial was over, I got on the Internet and saw how much incriminating evidence was out there that we weren’t allowed to see as jurors,” Steve Abfalter, a juror from Antioch, Calif., said. “So knowing what I know now, it would be hard to handle if the conviction was thrown out because he was obviously so guilty.”

Understandable, I suppose. But the difference there is that Mr. Abfalter was properly instructed to avoid looking at stuff on the Internet that he feels was incriminating. Because we don’t try people on the Internet, we try them in a court of law. On the other hand, Ms. Wolfram and the other three jurors who were reluctant to convict Bonds on obstruction were improperly instructed to ignore actual grand jury testimony.

In each case, however, what the jurors have to say about it is legally irrelevant. Their job in this case is done and their feelings on the matter have no bearing on what happens next.

So, what happens next? Judge Ilston will have everyone — except the jurors that is — back in court on Friday in order to see what, if anything, should be done with this verdict.  Bonds’ lawyers will ask that it be set aside, but given that the reason for doing so would be rooted in their objection to the jury instructions Ilston herself gave the jury, it’s doubtful she’d actually do it.  That seems to be a matter for the appeals court.

More pressing at the moment will be the decision of the prosecution as to whether to re-try Bonds on the perjury counts on which the jury was unable to reach a verdict.  Also, assuming everything stands as-is, the judge will set a sentencing date for Bonds. A date which will likely be more months into the future than total time Bonds will actually be sentenced to. Which is fun.

Bronson Arroyo is throwing side-arm now

Washington Nationals pitcher Bronson Arroyo catches a pop fly during a drill at a spring training baseball workout, Saturday, Feb. 20, 2016, in Viera, Fla. (AP Photo/John Raoux)
AP Photo/John Raoux
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Nationals pitcher Bronson Arroyo has partial tears of tendons in his rotator cuff in his right shoulder. Considering he’s 39 years old, no one would fault him if he decided to call it quits. But he has one more idea, MASN’s Mark Zuckerman reports: Arroyo is going to throw side-arm, or at least three-quarters.

“It hurts when he gets on top [of the baseball],” manager Dusty Baker said. He continued, “So we’re taking our time. And if not, if nothing else, he’s a good guy to have in your organization.”

Arroyo missed the latter half of the 2014 season and the entire 2015 season after undergoing Tommy John surgery. Prior to that, he was known as a workhorse, racking up at least 199 innings in each of nine seasons between 2005-13.

Robbie Erlin needs Tommy John surgery

San Diego Padres' Robbie Erlin pitches during the first inning of a baseball game against the Philadelphia Phillies, Tuesday, April 12, 2016, in Philadelphia. (AP Photo/Matt Slocum)
AP Photo/Matt Slocum
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Padres pitcher Robbie Erlin has a partial tear of his ulnar collateral ligament and he’ll need Tommy John surgery as a result, Dennis Lin of the San Diego Union-Times reports. Erlin landed on the disabled list on April 21. Now he’ll miss the rest of the season and likely the beginning of the 2017 season as well.

Erlin, 25, posted a 4.02 ERA with a 13/3 K/BB ratio in 15 2/3 innings spanning two starts and one relief appearance to begin the 2016 season.

Cesar Vargas moved into the rotation in Erlin’s absence and has pitched well thus far in two starts, yielding only one earned run with a 9/6 K/BB ratio over 10 1/3 innings.

The Reds’ bullpen set an ignominious record

CINCINNATI, OHIO - APRIL 08: Caleb Cotham #54 of the Cincinnati Reds pitches in the sixth inning of the game against the Pittsburgh Pirates at Great American Ball Park on April 8, 2016 in Cincinnati, Ohio. (Photo by Joe Robbins/Getty Images)
Joe Robbins/Getty Images
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Reds reliever Caleb Cotham allowed a pair of runs in the top of the eighth inning of Tuesday’s game against the Giants, setting a rather ignominious club record. It marks the 21st consecutive game in which the Reds’ bullpen has allowed a run, setting a new major league record, as C. Trent Rosecrans of the Cincinnati Enquirer points out.

Entering Tuesday’s action, the Reds’ bullpen had been by far the worst in the majors with a 6.54 ERA. The Padres’ bullpen, second-worst, is comparatively much better at 5.27.

The last time the Reds’ bullpen had a clean night was April 10 against the Pirates. That afternoon, Dan Straily, Jumbo Diaz, and Ross Ohlendorf combined for five scoreless innings in a 2-1 victory.

Aroldis Chapman will rejoin the Yankees on Monday

New York Yankees relief pitcher Aroldis Chapman goes into his windup against the Toronto Blue Jays during the fifth inning of a spring training baseball game Thursday, March 10, 2016, in Tampa, Fla. (AP Photo/Chris O'Meara)
AP Photo/Chris O'Meara
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Yankees reliever Aroldis Chapman was suspended 30 games by Major League Baseball under its domestic violence policy for an offseason incident in which he allegedly pushed and choked his girlfriend, then discharged a firearm at least eight times in his garage. Monday marks game number 30, and Chapman is set to rejoin the club then, MLB.com’s Bryan Hoch reports. Manager Joe Girardi plans to insert Chapman directly into the closer’s role if a save situation arises against the Royals on Monday.

Chapman will make two appearances in the Gulf Coast League this week to continue warming up. He had been throwing in extended spring training games at the Yankees’ complex in Tampa.

The Yankees acquired Chapman from the Reds at the end of December, sending Caleb Cotham, Rookie Davis, Eric Jagielo, and Tony Renda to Cincinnati in return. While the back end of the bullpen hasn’t been an issue for the Yankees, seemingly everything else has for the 8-15, last place club.