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: Braves sign Kurt Suzuki

KANSAS CITY, MO - AUGUST 20: Kurt Suzuki #8 of the Minnesota Twins hits against the Kansas City Royals at Kauffman Stadium on August 20, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
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The Braves reportedly have a deal in place with free agent catcher Kurt Suzuki, per Chris Cotillo of SB Nation. FOX Sports’ Ken Rosenthal adds that the contract is for one year, $1.5 million with up to $2.5 million in additional incentives.

Suzuki, 33, completed a three-year track with the Twins in 2016, slashing .258/.301/.403 with eight home runs in 373 PA. The veteran backstop likely won’t provide an offensive or defensive upgrade over current starter Tyler Flowers, but should give the Braves some depth at a position they’ve been looking to strengthen since the start of the offseason.

The team has yet to confirm the deal.

Jason Kipnis could join Team Israel for 2017 World Baseball Classic

CLEVELAND, OH - NOVEMBER 02:  Jason Kipnis #22 of the Cleveland Indians throws during batting practice prior to Game Seven of the 2016 World Series against the Chicago Cubs at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
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With the 2017 World Baseball Classic around the corner, Team Israel has reportedly reached out to Indians second baseman Jason Kipnis, per MLB Network’s Jon Morosi. Tournament rules stipulate that a player’s roster eligibility can be achieved in one of several ways: they were born in the country in question or hold citizenship/permanent legal residence there (or are simply capable of qualifying for citizenship), or one of their parents was born in the country or holds citizenship/permanent legal residence there.

For Kipnis, it’s the latter. Kipnis’ father, Mark Kipnis, is Jewish. That gives Kipnis the status he needs to suit up for Team Israel, despite the fact that he is a practicing Roman Catholic. He has yet to confirm or deny his participation in the competition.

Fifteen players have confirmed for Team Israel so far, including Mets’ infielder/outfielder Ty Kelly and free agents Sam Fuld, Nate Freiman, Jason Marquis and Jeremy Bleich. Per MLB.com’s Chad Thornburg, eight minor leaguers will also appear for the team. Like Kipnis, at least three other major leaguers are eligible for Team Israel’s roster but have yet to accept or decline involvement in the WBC: Dodgers center fielder Joc Pederson, Mariners infielder/outfielder Danny Valencia and free agent left-hander Craig Breslow.