Closing Arguments Delivered In Barry Bonds Trial

Barry Bonds’ appeal to be argued on February 13


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.

Matt Harvey missed a mandatory workout today

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Just when Matt Harvey drama seemed to be subsiding, Matt Harvey drama begins anew.

Adam Rubin of ESPN New York reports that the Mets starter missed a mandatory workout today at Citi Field. Sandy Alderson had no information about why Harvey was gone and Harvey was not excused by the team. Alderson gave no comment.

Just a few minutes ago Harvey showed up and upon getting in front of reporters issued a brief statement with little elaboration:


Because this is New York, you know darn well there will be more to this. We’ll update when it comes out.

Dan Jennings asked to return as the Marlins GM

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Dan Jennings‘ tenure as the Marlins manager has not been great and the team is now actively looking for his replacement. But his old job is there waiting for him if he wants it, reports Clark Spencer of the Miami Herald: Jennings has been asked to come back as the team’s general manager.

Or maybe “asked” is not correct. Team President David Samson said “there’s no decision” for Jennings to make and that he’s still “a signed member” of the team’s front office, reporting to baseball operations president Michael Hill.

Reports last month suggested that Jennings would take a wait-and-see approach regarding returning to the Marlins front office, with hopes of possibly landing a GM job in another organization with greater control than he’s had and will have with the multi-headed Marlins management team. The Mariners, for one, were a team Jennings was said to have his eye on. But that job has been filled and it would not seem like such opportunities have presented themselves to him.

So: it would seem a good bet that Jennings is back upstairs with the Marlins soon. Because the Marlins fully expect him to be.