UPDATE: Judge in Bonds trial calls newly-discovered tape “almost entirely inadmissible or irrelevant”

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UPDATE:  Judge Susan Illston said in court today that the tape prosecutors claim will rebut the damaging (to the prosecution) testimony of Dr. Arthur Ting is “almost entirely inadmissible or irrelevant.” She added that the contents of the tape “were not very substantive,” and that “almost all of this is people’s comments being driven by what is said to be newspaper articles and news reports” from around the time of the BALCO raid, which makes it less evidence than commentary.

There has not yet been a ruling — everyone is waiting for a full transcript — but based on the judge’s comments it seems highly unlikely that the tape will come into evidence. What’s more, given that the revelation of the tape led to a broader argument in court today regarding the prosecution’s seeming failure to turn over various bits of evidence to the defense, the entire affair could end up being worse for the prosecution than if the tape had never turned up to begin with.

1:35 PM:  Remember a couple of hours ago when I said that the testimony of Barry Bonds’ doctor, Arthur Ting, was devastating for the prosecution?  Yeah, well, things could turn the other way quickly: prosecutors revealed today that they have a tape that they believe will contradict his testimony from Thursday in which he said he never talked about Bonds’ steroids use with Steven Hoskins.

We don’t yet know what’s on the tape, but the prosecution certainly wouldn’t bring it up if it was bad for them. Well, at least I think not, because I would have assumed that they wouldn’t have called Ting in the first place unless they knew what he was going to say, and given that they didn’t immediately treat him like a hostile witness and confront him with all of this last week suggests that they were just as surprised as anyone else.

The judge is going to take the tape under advisement and rule on its admissibility. Criminal procedure is not my strong suit — so help me IdahoMariner and others with more crimlaw experience than me — but generally you can’t just trot out new evidence like this so late in the game unless it’s newly discovered (and even then not always), exculpatory for the defendant (thus protecting his due process rights) or so damn important that the injustice of not allowing it would outweigh the injustice of letting it lie. It’s unclear from the reports I’ve seen if this truly is new or merely newly relevant in light of Ting’s testimony, so it’s hard to see how this cuts.

If it shows that Ting lied, however, or even if it showed that his memory about conversations regarding Bonds’ steroids use was faulty, it would seem to snap Steve Hoskins’ credibility back into shape. And could even cause the jury to infer that perhaps Ting was trying too hard to help Bonds, depending on what they think of the cut of his jib. That would be a bad thing indeed for Bonds.

The court is in recess now and will be back later this afternoon. There will be no testimony today, however, because a juror got sick.

Victor Martinez played his final major league game on Saturday

Victor Martinez
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After 16 years in the majors, longtime Tigers DH Victor Martinez capped his career with one final start at Comerica Park. Although there are seven games remaining in the club’s regular season schedule, Martinez said he felt he owed it to the fans to record his final at-bat at home. He’ll still cheer the rest of the team on from the dugout when they hit the road for their last six-game stretch on Monday, though he’s not expected to slot into the lineup at any point during their back-to-back away series against the Twins and Brewers.

In order to commemorate the occasion, the Tigers arranged a pregame ceremony to celebrate the veteran infielder’s seven years with the team, during which they presented him with Topps baseball cards, a recliner, a pair of boots, and a saddle, among other honors. Martinez also put in a special request to play first base, a position he hadn’t manned in over two years.

The 39-year-old didn’t waste a single minute of his final start in the majors. He deftly handled an inning-ending out in the top of the first, then laced a rare infield single to short in his first and final at-bat of the afternoon, beating the throw to first and advancing Nicholas Castellanos to second base in order to set up the Tigers’ first run: a two-out RBI single from Niko Goodrum that brought Castellanos home to score.

“I think that at-bat was the perfect at-bat to describe my career,” Martinez told reporters after the Tigers wrapped a 5-4 win over the Royals. “I had to sweat it out. I had to sweat it out the whole way. I had to grind it. That was my whole career.”

Following the hit — and the standing ovation that greeted it — the switch-hitter was promptly replaced by pinch-runner Ronny Rodriguez, who subbed in at second base in the top of the second while Goodrum shifted from second to first base. Taking Saturday’s performance into account, Martinez polished off his big league career with a lifetime .295/.360/.455 batting line, 423 doubles, 246 home runs, 1,178 RBI, and 28.4 fWAR across 1,973 games and three separate stints for the Indians, Red Sox, and Tigers. His accomplishments at the plate have been decorated with five All-Star nominations, two Silver Slugger Awards, and the designated hitter-exclusive Edgar Martinez Award following a career-best campaign in 2014.