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.
This is happening, people.
Earlier we heard Joe Maddon being non-committal about Kyle Schwarber joining the Cubs for the World Series. Now it seems pretty clear that the Cubs are committal indeed: Jon Morosi reports that Schwarber is en route to Cleveland from Arizona on a private jet and that he’s expected to DH in Game 1 tomorrow night.
Schwarber hasn’t played in a game that counted since April 7. His potent bat is could be a windfall for a Cubs team that didn’t have a game-changing option at DH in the American League park.
Schwarber lost the whole season due to a knee injury, but he hit .246/.355/.487 with 16 homers and 43 RBI in 69 games as a rookie in 2015. His big coming out party was in the playoffs, however, when he hit three homers in five postseason games while going 7-for-13 with two walks in five games.
Paul Hoynes of the Cleveland Plain Dealer reports that Indians First Baseman/DH Carlos Santana shagged some flyballs in left field during the Indians’ workout today.
Sure, why not? Santana has played one game in the outfield in his major league career and that was over four years ago, but the Indians will have to play in Chicago without the DH, meaning either losing Santana’s bat or that of Mike Napoli.
It would be up to Terry Francona to decide if that happens, but ultimately I don’t think he’ll make it real and, rather, will just forget about it, because Santana’s defense out there would in no way be smooth.
I’m sorry. I’m sick today and I’m on a lot of cold medicine.