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.
There’s certainly never a bad time to hit a home run, but when you get the opportunity to crush a triple-deck, 493-foot shot off of Tyler Duffey, you should take it. With the Mariners down 2-0 to the Twins in the fourth inning, Cruz hammered a fastball to deep left field for his 39th long ball of the season — and the second-longest home run hit in 2016, to boot.
It doesn’t hurt that the Mariners are 1.5 games back of a playoff spot, although they’ll have to oust the Blue Jays, Orioles, or Tigers to get a wild card. They’ve gone 3-3 in the last week, dropping two consecutive series to the Astros and Blue Jays and taking their series opener against Minnesota 10-1 on Friday night.
Cruz, for his part, entered Saturday’s game with a .299/.337/.610 batting line and six home runs in September. According to ESPN.com’s Home Run Tracker, Cruz sits behind Edwin Encarnacion and Mike Napoli with 13 “no-doubt” home runs in 2016, third-most among major league sluggers. It’s safe to say he can add Saturday’s moonshot to that list.
Marlins’ outfielder and undisputed home run king Giancarlo Stanton remains untouched at the top of the Statcast leaderboard with a 504-ft. home run, and it’s difficult to envision any slugger reaching beyond that before the end of the season. Even so, Cruz won’t need to clear 500 feet to extend an impressive hitting record. One more home run will put the 36-year-old at 40 on the year, making 2016 his third consecutive season with at least 40 homers, and his second such season doing so in Seattle.
It’s been a strange season for Red Sox’ third baseman Pablo Sandoval, who lost his starting role in spring training, went 0-for-6 in three regular season appearances, and underwent season-ending surgery to repair a torn labrum in his left shoulder in May. That was the last the Red Sox were supposed to hear about Sandoval until spring 2017, when he was expected to rejoin the team after a lengthy rehab stint in Florida.
On Saturday, manager John Farrell was telling a different story. Per MLB.com’s Sam Blum, Farrell hinted that Sandoval could return to the team as soon as October, albeit in a very limited capacity.
At the time of the surgery, it was all looking at the start of next Spring Training,” Farrell said. “We’re not getting too far ahead of ourselves here, but at the same time, we compliment him for the work he’s put in, the way he’s responded to the rehab, the way he’s worked himself into better condition. We’re staying open-minded.
If the 30-year-old does return in 2016, don’t expect him to look like the three-home run hitter of the 2012 World Series. Should the Red Sox lose another player to injury, Sandoval might be called on as a backup option, but he’s unlikely to see substantial playing time under any other circumstances. Despite making two appearances at DH in the instructional league, Sandoval has not started at third base since undergoing surgery, though Farrell noted that a return to third base would be the next logical step in his recovery process.
Sandoval has yet to hit his stride within the Red Sox’ organization after hitting career-worst numbers in 2015. According to FanGraphs, his Offensive Runs Above Average (Off) plummeted to -20.2, contributing approximately two wins fewer than the average offensive player in 2015. (The Diamondbacks’ Chris Owings held the lowest Off mark in 2015, with -26.3 runs below average.) Sandoval has not appeared in a postseason race since the Giants’ championship run in 2014.
Heading into Saturday evening, the Red Sox could clinch their spot in the postseason with a win over the Rays and an Orioles’ loss.