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.

Report: Padres trade Matt Kemp to the Braves for Hector Olivera

SAN DIEGO, CA - JUNE 06:  Matt Kemp #27 of the San Diego Padres talks in the dugout prior to the start of the game against the Atlanta Braves at PETCO Park on June 6, 2016 in San Diego, California.  (Photo by Kent Horner/Getty Images)
Kent Horner/Getty Images
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Update (7:01 PM EDT): David O’Brien of the Atlanta Journal-Constitution reports the deal has been completed.

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ESPN’s Keith Law reported on Saturday evening that a bad contract swap involving the Braves’ Hector Olivera and the Padres’ Matt Kemp was “getting close.” Olivera has been pulled off the field, per Bob Nightengale of USA TODAY. Joel Sherman of the New York Post reports that only a last-second medical would kill the deal at this point, and that the Padres will be sending money to the Braves.

Kemp, 31, will have $64.5 million remaining on his contract through 2019 after this season, but the Dodgers will pay $3.5 million annually over those remaining three years, so the $64.5 million is really $54 million. The veteran has compiled a .262/.285/.489 triple-slash line with 23 home runs and 69 RBI in 431 plate appearances for the Padres this season.

Olivera, 31, will have $28.5 million remaining on his contract through 2020 after this season. The outfielder was handed an 82-game suspension, beginning on May 26, for his involvement in a domestic dispute on April 13. The suspension is up on August 2. He has a .501 OPS in 21 major league at-bats this season and a .278 OPS in 37 PA at Triple-A.

Dennis Lin of the San Diego Union-Tribune reports that the Padres will consider designating Olivera for assignment. The trade is all about the salary dump for the Padres, as they’d rather give outfield playing time to prospects Hunter Renfroe and Manuel Margot.

Athletics trade Billy Burns to the Royals for Brett Eibner

ST. PETERSBURG, FL - MAY 13: Billy Burns #1 of the Oakland Athletics waits on deck to bat during the fourth inning of a game against the Tampa Bay Rays on May 13, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
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The Athletics and Royals swapped outfielders on Saturday. The Athletics sent Billy Burns to Kansas City and the Royals sent Brett Eibner to Oakland.

Burns, 26, doesn’t provide much in the way of offense, but he runs the bases well and plays solid defense. He was hitting .234/.270/.303 with 11 doubles, four triples, and 14 stolen bases in 274 plate appearances.

Eibner, 27, was batting .231/.286/.423 with three home runs and 10 RBI in 85 plate appearances. He has spent most of the season with Triple-A Omaha, where he’s put up a .902 OPS in 219 PA. Eibner played the outfield corners in the majors, but racked up a ton of time playing center in the minors, so his versatility will be valuable to the A’s.

Burns will become eligible for arbitration for the first time after the 2017 season while Eibner has hardly accrued any service time, which might explain part of the motivation behind the trade for the small-market Athletics.