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.
Why yes, it is a slow news day. But let’s not allow that to take away from some MLB history.
Last night a young man named Dovydas Neverauskas pitched in mopup duty for the Pirates, who were getting hammered by the Cubs. Mr. Neverauskas pitched two innings, allowing one run, making him, by default, the most effective pitcher the Pirates sent out there last night.
That’s good, but that’s not what makes it historic. What makes it historic is that Neverauskas is the first person born and raised in Lithuania to make the Majors. Here’s some back story on him from last year’s Futures Game.
Lithuania is known for producing basketball players. Now it has its first major leaguer. Whether he becomes baseball’s Arvydas Sabonis is an open question.
Madison Bumgarner talked to the press yesterday about his dirt bike injury and its fallout.
While there is some speculation that the Giants may change their approach to Bumgarner’s contract situation at some point as a result of all of this, yesterday Bumgarner noted that the organization has been supportive as have his teammates. He said he apologized to them as well for an act he characterized as “definitely not the most responsible decision.”
As for the wreck itself, Bumgarner was a bit embarrassed to say that it wasn’t the result of doing anything cool or spectacular on the bike. Sounds like he probably just laid the thing down. Guess it makes no real difference given that he’s injured either way, but you’d hope to at least get a cool story out of it. Alas.
Here’s video of him talking to the press. The best and most accurate takeaway from it: when he says “it sucks.” Yep.