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

33 Comments

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.

Jacob deGrom, oft-injured Rangers ace, to have season-ending right elbow surgery

rangers degrom
Charles LeClaire/USA TODAY Sports
2 Comments

ARLINGTON, Texas — The Texas Rangers signed Jacob deGrom to a $185 million, five-year deal in free agency last winter hoping the two-time NL Cy Young Award winner could help them get back to the playoffs for the first time since 2016 and make a push toward winning a World Series.

They also knew the risks, with the pitcher coming off two injury-plagued seasons with the New York Mets.

Even with deGrom sidelined since late April, the AL West-leading Rangers are off to the best start in franchise history – but now will be without their prized acquisition until at least next year. The team said Tuesday that deGrom will have season-ending surgery next week to repair a torn ulnar collateral ligament in his right elbow.

“We’ve got a special group here and to not be able to be out there and help them win, that stinks,” deGrom said, pausing several times with tears in his eyes. “Wanting to be out there and helping the team, it’s a disappointment.”

General manager Chris Young said Tuesday the decision on surgery came after an MRI on deGrom’s ailing right elbow, but the extent of what is required might not be determined until the operation is performed next week.

Tommy John surgery, in which the damaged ligament is replaced, is often needed to fix a torn UCL, but Young and the Rangers didn’t go as far as saying the pitcher would have that particular procedure. After being drafted by the New York Mets in 2010, deGrom made six starts in the minors that summer before needing Tommy John surgery and missing all of 2011, three years before his big league debut.

DeGrom last pitched April 28 against the New York Yankees, when he exited early because of injury concerns for the second time in a span of three starts. The announcement about surgery came a day after deGrom was transferred to the 60-day injured list.

Young said the latest MRI showed more inflammation and significant structural damage in the ligament that wasn’t there on the scan after deGrom left the game against the Yankees.

“The results of that MRI show that we have not made progress. And in fact, we’ve identified some damage to the ligament,” Young said. “It’s obviously a tough blow for Jacob, for certainly the Rangers. But we do feel this is what is right for Jacob in his career. We’re confident he’ll make a full recovery.”

Young and deGrom, who turns 35 later this month, said the goal is for the pitcher to return near the end of next season. Both said they were glad to have clarity on what was wrong with the elbow.

Texas won all six games started by deGrom (2-0), but the right-hander threw only 30 1/3 innings. He has a 2.67 ERA with 45 strikeouts and four walks. He threw 3 2/3 scoreless innings against the Yankees in his last start before leaving because of discomfort in his arm.

The Rangers went into Tuesday night’s game against St. Louis with a 39-20 record, the first time they were 19 games over .500 since the end of 2016, their last winning season.

Before going home to Florida over the weekend for the birth of his third child, deGrom threw his fifth bullpen last Wednesday in Detroit.

“I’d have days where I’d feel really good, days where I didn’t feel great. So I was kind of riding a roller coaster there for a little bit,” deGrom said. “They said originally there, we just saw some inflammation. … Getting an MRI right after you pitch, I feel like anybody would have inflammation. So, you know, I was hoping that that would get out of there and I would be fine. But it just didn’t work out that way.”

DeGrom spent his first nine big league seasons with the Mets, but was limited by injuries to 156 1/3 innings over 26 starts during his last two years in New York.

He had a career-low 1.08 ERA over 92 innings in 2021 before missing the final three months of the season with right forearm tightness and a sprained elbow.

The four-time All-Star didn’t make his first big league start last year until Aug. 2 after being shut down late in spring training because of a stress reaction in his right scapula.

His latest injury almost surely will trigger Texas’ conditional option on deGrom’s contract for 2028.

The option takes effect if deGrom has Tommy John surgery on his right elbow from 2023-26 or has any right elbow or shoulder injury that causes him to be on the IL for any period of 130 consecutive days during any season or 186 days in a row during any service period.

The conditional option would be for $20 million, $30 million or $37 million, depending on deGrom’s performance during the contract and health following the 2027 season.

“I feel bad for Jake. If I know Jake, he’ll have the surgery and come back and finish his career strong,” second-year Mets manager Buck Showalter said. “I know how much it means to him. He enjoys pitching. It’s certainly sad news for all of us.”