Barry Bonds lawyers filed a 60-page brief yesterday, appealing his obstruction of justice conviction. The heart of it is basically something we’ve noted here all along: that it’s pretty weird to convict someone for not answering a question when they actually, you know, answered the question:
“Any competent English speaker would understand Mr. Bonds’s initial statement as answering the question in the negative,” Riordan wrote. “Mr. Bonds was no more guilty of obstruction than he would have been if, having answered one prosecutorial question, he chatted with grand jurors about the weather while the prosecutor was formulating his next one.”
Riordan further argued that the prosecutors questioning Bonds before the grand jury had a “legal obligation to clarify unresponsive testimony.” Riordan contends the prosecutors should have repeated the question until Bonds answered directly.
And he’s absolutely right about that duty-of-prosecutors to clarify thing by the way. But even if he isn’t, it’s worth noting that Bonds did actually answer the question that the prosecutors and the jury somehow concluded (at least temporarily) that he did not answer:
That “no” at the end responds to the very question the indictment against Bonds and the subsequent conviction says he didn’t answer. I tend to think it was a lie, but the jury didn’t, so that’s neither here nor there.
But hey, details. Bonds was a dirty cheater, so we should not expect the evidence in a criminal proceeding against him to matter any.
Nick Piecoro of the Arizona Republic reports that Diamondbacks pitcher Shelby Miller has a tear in his ulnar collateral ligament and is considering undergoing Tommy John surgery. Surgery would end Miller’s 2017 season and would cut into a significant portion — if not all — of his 2018 season as well.
Miller sent his MRI results to Dr. Neal ElAttrache and Dr. James Andrews for second and third opinions, respectively. He could choose to rehab his elbow rather than undergo surgery, but that comes with its own set of positives and negatives.
Miller lasted only four-plus innings in his most recent start on Sunday and carries a 4.09 ERA on the season, his second with the Diamondbacks. His time in Arizona has not gone well.
The Mets lost again on Thursday afternoon, suffering a 7-5 defeat at the hands of the Braves. It’s their sixth consecutive loss and the club is now in last place in the NL East. Not exactly the start the Mets envisioned.
Matt Harvey got the start, but lasted only 4 1/3 innings. He gave up six runs on five hits and five walks with only one strikeout. After the game, Harvey said he was tight and that he threw yesterday expecting to start on Friday instead, per Matt Ehalt of The Record. Sounds like no one communicated to Harvey that he’d be starting this afternoon until it was too late for him to properly prepare.
Harvey started because Noah Syndergaard was scratched due to a “tired arm.” Syndergaard blew reporters off after the game, according to Mike Puma of the New York Post. Puma then added that Syndergaard ripped Mets P.R. guy Jay Horwitz for letting reporters approach him.
By the way, the Mets also lost outfielder Yoenis Cespedes to a hamstring injury. Not much else can go wrong in Queens.