Closing Arguments Delivered In Barry Bonds Trial

Barry Bonds files a motion to have his conviction set aside

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We knew this was coming, and the legal beagles out there will enjoy reading it, so here it is.  Barry Bonds moves to have his conviction set aside on four grounds.

The first: that truthful statements can’t constitute obstruction of justice, referring to that “I was the child of a celebrity” digression which formed the basis of his conviction. That statement was truthful, Bonds argues, and the law that the prosecution cites to say that such truthful statements can form the basis of obstruction is inapplicable to this case.

The second basis is the one that appeals to me the most and which I discussed most thoroughly following the conviction: the argument that the government can’t say Bonds was evasive because he repeatedly answered the question asked anyway. Basically, the government block quoted one instance of Bonds not answering directly and then ignored all of the times he did answer directly.  The jury ignored these other instances too, it seems.  In this second section Bonds argues that the prosecutor has an obligation — as the Supreme Court has stated — to clear up unresponsive answers as well, which is something else I’ve argued repeatedly that the Bonds prosecutors did not do at all. And which, it should be noted, is something that could be just as damaging to the criminal justice system as perjury could be.

The third basis is a general “the weight of the evidence did not support a conviction” argument, which is kind of hard to pull off, but Bonds has to try it anyway.

Finally, Bonds argues that his immunity deal prevented his prosecution.

Since no one is paying me $400 an hour to review the case law and totally slam into the legal arguments here, I won’t, but I will say that as far as these things go, it seems like a pretty strong motion. Mostly because it was a pretty weak conviction.

That said, success on postrial motions such as these is not common and the burden a defendant who has been convicted by a jury is high, so there’s no guarantee of success here.  An appeal may have a better shot.

Video: Jason Kipnis jokes around after Rougned Odor slides hard into second base

DETROIT, MI - JUNE 24:  Jason Kipnis #22 of the Cleveland Indians takes to the field for the ninth inning of a game against the Detroit Tigers at Comerica Park on June 24, 2016 in Detroit, Michigan. Kipnis hit two triples and drove in three runs in a 7-4 win over the Tigers. (Photo by Duane Burleson/Getty Images)
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You may recall that, back in May, Rangers second baseman Rougned Odor got into a fight with Blue Jays outfielder Jose Bautista. Bautista slid late into second base, with which Odor took issue, so he punched Bautista in the face. That earned him a seven-game suspension.

With one out in the fifth inning of Thursday’s game against the Indians, Odor reached on a fielding error by first baseman Mike Napoli. Jonathan Lucroy then hit into an inning-ending 6-4-3 double play. Odor slid hard into Jason Kipnis covering second base.

Kipnis, hearkening back to the Bautista fight, backed up as if he were afraid Odor would punch him. Odor got a good chuckle out of it, but it was the Rangers’ bench which perhaps enjoyed the joke most. The Rangers’ broadcast showing Adrian Beltre cracking up and telling his other teammates what had happened.

Carlos Gomez homered in his first at-bat as a Ranger

Carlos Gomez
AP Photo/Pat Sullivan
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Rangers outfielder Carlos Gomez made his debut with his new team on Thursday night after a brief stint with Triple-A Round Rock. He started in left field and was inserted into the number eight spot in the Rangers’ batting order.

The Rangers made two quick outs in the bottom of the second inning, with Adrian Beltre grounding out and Rougned Odor striking out. But the inning was kept alive as Jonathan Lucroy singled and advanced to second base on a wild pitch, and then Mitch Moreland walked to bring up Gomez.

Gomez took a first-pitch cutter from Josh Tomlin for a ball, then jumped on another cut fastball, drilling it for a no-doubt three-run home run into the seats in left field at Globe Life Park in Arlington (#29 out of 30 in Craig’s ballpark name rankings).

Here’s the video.