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.

Report: Mariners have interest in Reds’ Jay Bruce

ATLANTA, GA - JUNE 14:  Jay Bruce #32 of the Cincinnati Reds waits to bat prior to hitting a three-run homer in the first inning against the Atlanta Braves at Turner Field on June 14, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
Kevin C. Cox/Getty Images
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ESPN’s Jerry Crasnick reports that the Mariners are among the teams that have contacted the Reds about outfielder Jay Bruce. The Mariners enter play Wednesday 51-48, six games out of first place in the AL West and 4.5 games out of the second AL Wild Card slot. Adding an impact bat like Bruce could help in their effort to reach the postseason.

Norichika Aoki and Seth Smith have handled the bulk of the playing time in left field. While Smith has hit well, Aoki has not. Bruce came into Wednesday’s game against the Giants batting .271/.324/.567 with 24 home runs and a league-best 78 RBI.

Bruce can become a free agent after the season if his controlling team declines his $13 million club option for the 2017 season by paying him a $1 million buyout. If he’s traded mid-season, his new team won’t be able to make him a qualifying offer, so the club option may be more enticing than it looks at first glance.

The Padres have homered in 25 consecutive games, tying an NL record

SAN DIEGO, CALIFORNIA - JULY 16:  Adam Rosales #9 of the San Diego Padres hits an RBI single during the tenth inning of a baseball game against the San Francisco Giants at PETCO Park on July 16, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
Denis Poroy/Getty Images
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A third-inning two-run home run by Adam Rosales off of R.A. Dickey put the Padres up 2-0, but it also helped the Padres tie a National League record. The Padres have homered in 25 consecutive games, matching the 1998 Braves, the 1994 Tigers, and the 1941 Yankees. The major league record is 27, set by the 2002 Rangers.

The Padres hit three in total on Wednesday in an 8-4 victory against the Blue Jays. One of those dingers was an eighth-inning solo shot by rookie Alex Dickerson, who has now homered in four consecutive games himself. The one he hit on Monday is worth watching, as it got into the upper deck at the Rogers Centre.

As the Padres recently traded Melvin Upton, Jr. to the Jays, Dickerson is likely going to see regular playing time. That’s especially true if he keeps hitting like this.