Barry Bonds’ appeal to be argued on February 13

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Barry Bonds still hasn’t had his appeal from his obstruction of justice conviction heard. His appellate panel was announced yesterday:

Senior Circuit Judges Mary M. Schroeder and Michael Daly Hawkins along with Judge Mary H. Murguia will hear oral arguments Feb. 13.

If Schroeder’s name seems familiar, that’s because it is:

She wrote an opinion in 2010 upholding U.S. District Judge Susan Illston’s ruling to bar the testimony of former Bay Area Laboratory Co-operative executive James Valente from Bonds’ trial, which led to the exclusion of some BALCO records that the government maintained included positive drug tests.

Which doesn’t mean that her vote is in the bag or anything. Because no matter what people like to think they know about how judges roll, judges roll entirely the way they want to. And because, you know, this appeal is a totally different situation than the evidentiary appeal Bonds won several years ago.

As for that appeal, I stand by what I wrote a couple of years ago: it’s a really, really tall order to have a jury verdict set aside.  It doesn’t happen often.  That said, given what I feel were bad jury instructions with respect to the obstruction of justice charge and the unusual and, in my view, incoherent he-didn’t-perjure-himself-but-he-did-obstruct-justice outcome of the trial, Bonds stands a better chance at winning this longshot than many criminal defendants.

Angel Hernandez ejects Asdrubal Cabrera from a spring training game

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You don’t see many ejections in spring training games. The stakes are virtually non-existent, so it’s not like a player is likely to blow up at a bad call or something. That’s especially true now, as we enter spring training’s final week. Everyone wants to get through it uninjured and without fuss. And it’s getting hot in Florida in Arizona too. No one’s got time for that.

Yesterday Asdrubal Cabrera and Angel Hernandez did, though. Cabrera was batting in a road game against the Nats. He asked for time to step out of the box. Hernandez didn’t give it to him. This annoyed Cabrera who, after hitting a single, jawed at Hernandez as he ran out of the box and then pointed at him once he reached first base. Hernandez ran him.

Cabrera didn’t quickly leave the field. He took a slow, slow walk to the outfield and left via the gate in right, which is where visiting players tend to enter and leave spring parks. Watch:

 

Here’s what Cabrera told reporters after the game:

“‘C’mon, man, you’re better than that,’ ” Cabrera said, recalling what he yelled at Hernandez. “And he threw me out.”

Eh. I have no love for Angel Hernandez, but “you’re better than that” is a weak sauce insult. For one thing, maybe the person isn’t better than that? For another, it’s functionally equivalent to “you know better,” which is a thing a parent says to a kid. It’s fine when your dad says it, but Cabrera isn’t Hernandez’s dad and thus saying so carries with it an implicit belittling intent. It’s an ad hominem, which violates the usual ump-player understanding in which you can say a call was b.s. but don’t say the ump is a jerk personally.

More generally, it’s just cowardly. It’s designed not to deal with the substance of the beef. “You are a fine person all of the time, kind sir, but in this instance you are not up to par.” Well, why? Say so or shut up and quit being passive-aggressive.

Again: Hernandez is generally horrible. He’s not better than that, actually. But Cabrera deserved to get run, if for no other reason, than his insult was lame.

Report: Jung-Ho Kang not granted a visa to enter the United States

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This could be a problem for the Pirates.

Ballwriter Sung Min Kim tweets that, according to a Korean report, which you can read here if you know Korean, Pirates infielder Jung-Ho Kang has been denied a visa to enter the United States. The report just broke this morning and has yet to hit the English language press.

He adds that the report suggests that Kang, who was just convicted of a third DUI in Korea, may have a DUI conviction in a third country, though that part is unconfirmed. It’s also unclear whether that, or the mere fact of his conviction in Korea, has held up his visa.

Either way, Kang has yet to see a day of camp and will almost certainly not be ready to start the season for the Pirates, even if he gets his visa today. It sounds, however, like this could be a more drawn out process. We’ll stay tuned.