Yes, Barry Bonds could very well be convicted

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I probably need to clarify a point regarding my assessment of the prosecution’s case in the whole Barry Bonds.  I’ve said many times that I think it’s a weak case. Recently my comments to this effect have been picked up by various blogs and have been characterized as me saying that Bonds is going to skate and the prosecution is doomed. That’s not exactly what I believe.

  • I believe that, as far as perjury prosecutions go, there is way less evidence here than you usually see and that the lies normally turned into perjury prosecutions are typically far more stark and unequivocal than the ones Barry Bonds is accused of telling. I believe that, in most instances this is case that would never have been brought by responsible prosecutors.
  • Some time ago, when it went up on appeal and the court excluded all of the doping calendars and everyone realized that Anderson wouldn’t testify I believed that the prosecution would drop the case and that Bonds would, at that point skate.  That obviously didn’t happen and I’m still surprised that it didn’t.
  • I still believe that the case to is light on evidence, wasteful, misguided and sets a dangerous precedent that actually harms the grand jury process far more than Bonds’ alleged perjury did.

But I also acknowledge that, once you get a jury in the box anything can happen.  My criticisms of the prosecution’s approach aside, the fact is that Bonds is telling a story that’s hard to believe and it’s not at all a stretch to think that the prosecution could get a jury to rule against him.

That doesn’t justify the prosecution because I don’t believe that the government should be casually bringing “yeah, I bet we can convince some people of this” kind of cases. The standard for pulling the trigger on a prosecution should be way higher simply because (a) as the old saying goes, you can indict a ham sandwich; (b) despite their charge to be impartial, juries tend to believe that if someone was indicted that they probably did it; and (c) because of that conviction rates are really damn high for cases that last this long.

The prosecutor has way more power than most people think in the criminal justice system. Good ones decline to go after ticky-tack cases for a lot of good reasons and this is a ticky tack case.  You can say that “well, if he lied he should be convicted” but prosecutors are given a ton of discretion for a reason.  They typically and responsibly decline to prosecute cases when the costs — not merely financial costs but costs to the justice system — outweigh the benefits of the prosecution.  I believe this is one of those cases where that discretion should have been exercised and the prosecution not pursued.

But given that hasn’t happened here it certainly means that, yeah, the jury that is seated next month could convict Bonds. And I’m not making any predictions that they won’t.

Nationals’ Stephen Strasburg’s status for 2023 ‘a mystery’

Brad Mills-USA TODAY Sports
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NEW YORK — Stephen Strasburg‘s status for 2023 is up in the air after a series of injuries that limited him to one start this season, Washington Nationals general manager Mike Rizzo said.

“It’s still a little bit of a mystery,” Rizzo said about the 2019 World Series MVP before the Nationals were scheduled to play a doubleheader at the New York Mets. “I know that he’s working hard strengthening his core and the other parts of his body. We’re just going to have to see. With the type of surgery and rehab that he’s had, it’s unfamiliar to us. It’s unfamiliar to a lot of people. We’re going to have to take it day by day.”

The 34-year-old right-hander has thrown a total of 31 1/3 innings across just eight starts over the past three seasons combined. He had carpal tunnel surgery in 2020, then needed an operation to correct thoracic outlet syndrome in 2021.

After his only start of 2022, he went back on the injured list with a stress reaction of the ribs.

“We’ll have to see where the rehab process takes us later on in the winter,” Rizzo said. “We’re going to monitor him. He’s local, so we’ll see him all the time and we’ll see where he’s at going into spring training mode.”

Strasburg is a three-time All-Star who signed a $245 million contract after helping Washington win a championship in 2019.

He is 113-62 with a 3.24 ERA for his career.

Meeting with reporters toward the end of a rough season – Washington entered with a majors-worst and Nationals-worst record of 55-104 and shipped away the team’s best player, outfielder Juan Soto, at the trade deadline – Rizzo talked about doing “an autopsy of the organization.”

“I look at the season as a disappointment. I’ve always said that you are what your record says you are, and our record says we’re the worst team in the league right now. It’s hard to argue with that,” Rizzo said. “The flip side of that is we’re in a process.”

Rizzo and manager Dave Martinez were given contract extensions during the season. Martinez said his entire coaching staff will return next year.