Barry Bonds’ appeal to be argued on February 13

13 Comments

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.

Jake Arrieta to return to Cubs’ rotation on Thursday

Jon Durr/Getty Images
Leave a comment

Cubs starter Jake Arrieta has been out over two weeks with a strained right hamstring, but he’s ready to return to action. The right-hander threw a bullpen on Tuesday and it went well, so he will start in Thursday’s series opener against the Brewers in Milwaukee, MLB.com’s Carrie Muskat reports.

Arrieta, 31, returns with a 14-9 record, a 3.48 ERA, and a 157/53 K/BB ratio in 160 1/3 innings. If he stays on schedule, he’ll make three starts through the end of the regular season, including the regular season finale on October 1 against the Reds.

Arrieta is expected to max out at 75-80 pitches on Thursday and will ramp up through the end of the month.

Cardinals activate Adam Wainwright from the disabled list

Justin K. Aller/Getty Images
Leave a comment

The Cardinals announced ahead of Tuesday’s series opener against the Reds that pitcher Adam Wainwright has been activated from the 10-day disabled list.

Wainwright, 36, has been absent since mid-August due to a right elbow impingement. The Cardinals plan to use him out of the bullpen through the end of the season. Prior to the injury, the right-hander posted a disappointing 5.12 ERA with a 96/44 K/BB ratio in 121 1/3 innings.

Wainwright is under contract for one more year at $19.5 million before becoming eligible for free agency.