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.

Report: Charlie Sheen has original cast on board for Major League III, looking for financial backing

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TMZ is reporting that actor Charlie Sheen has the original cast on board for Major League III but is still looking for financial backing. TMZ cites Sheen referring to the script as “dynamite.”

The original Major League came out in 1989 and debuted at No. 1 at the box office. That spurred a sequel, Major League II, which was released five years later in 1994. Despite negative reviews, II debuted at No. 1 at the box office as well. Major League: Back to the Minors was released in 1998, but tanked at the box office and received mostly negative reviews.

Given that trend, one might wonder why anyone would attempt Major League III, and one would be correct to raise that question. But it’s been 19 years since the last installment and 27 years since the original. People in their early 30’s and 40’s with nostalgia and disposable income will likely be willing to pay to relive a blast from the past. In my humble opinion, Major League is the finest of the baseball movies, so I’ll at least be curious if Sheen ends up getting financial backing.

Sheen has had, well, an interesting life in the last two decades so it’s no sure thing that people with money will trust him to stay out of trouble.

Jose Bautista is starting at third base for the first time in over four years

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Blue Jays outfielder Jose Bautista is getting a rare start at third base today. How rare is it? Sportsnet’s Hazel Mae notes that he last started at third base on April 14, 2013 against the Royals.

Bautista has played some third base already this year. On April 27 against the Cardinals, Bautista pinch-hit for third baseman Chris Coghlan and stayed in the game at the position. Last Saturday, Bautista moved from right field to third base as part of a handful of defensive switches. Overall, he’s played four defensive innings at the hot corner this season.

The Blue Jays have had to get creative at third base while Josh Donaldson has dealt with a calf injury. Darwin Barney and Chris Coghlan have drawn most of the starts at third base, but catcher Russell Martin started there on Sunday and tonight we’ll see Bautista there.