Bonds Trial Update: It’s now in the jury’s hands

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Closing statements were made at the Barry Bonds trial yesterday. And while closings aren’t evidence — and while in my view they aren’t nearly as important as openings — they always feel like a high point.  The final opportunity to pound the theme of the case home. But they also serve as something of a tell in which the lawyers reveal, whether they intend to or not, what the weakest parts of their case are.

I’ve been in a courtroom (as an observer) for one perjury case in my life and in that one, like Bonds’, the first words out of the prosecutor’s mouth were exactly the same: “All he had to do was tell the truth.”  Maybe there’s a trial advocacy book that talks about using that one, but it’s pretty effective even if it’s common. The jury, especially in this case, can get pretty bogged down in some of the details that formed the basis for the alleged lie, but it’s pretty helpful to remind them that at the end of the day they really are deciding something simple and understandable. Something with which every person has experience and a firm set of moral convictions: lying. In putting it this way, the prosecutors are helping them remove doubt from their heads because we all think — or at least like to think — that we know when we’ve been lied to.

At the same time, the prosecution’s closing underscored the fact that, with the exception of the single charge relating to injections, there was no one who got on the stand who could themselves say “Barry lied, and here’s why.” The prosecutor started a lot of questions with “ask yourself …” making it clear that the jury needs to make inferences based on circumstantial evidence in order to conclude that the grand jury had been lied to. Maybe that makes things easier for them. Maybe, however, it makes them wonder why, if Barry Bonds was a rampant steroids user, no one came into court and said it in plain terms.

I can’t say that I was particularly impressed with what I can gather from reports about the defense’s theme. Bonds’ lawyers argued that the prosecution was a vendetta against Bonds by a government that was angry with him for not being intimidated and subservient in front of the grand jury. Because Bonds refused to say, “Yes, sir,” which irked the government. They said that the main witnesses against him were friends or lovers scorned and that, armed with immunity themselves, were out to get Bonds.  As a proponent of Occam’s Razor, any conspiracy theory is dubious to me, and I wonder if the jury feels the same way. I mean, yes, I think Bonds was singled out, but I don’t think it was a personal thing. It was more about careerism and perpetuating a big investigation that served a lot of purposes, be they legitimate and righteous or not (mostly not). But spite? Eh, tough sell for me.

The defense was on firmer ground when they argued — for really the first time in the case — that even if there were lies told by Barry Bonds, they are not worthy of a guilty verdict because they were not, to use the legal term, material. They did not negatively impact the grand jury as it tried to do its job back in 2003, Bonds’ lawyers argued, nor could they have given how inconsequential and ultimately silly his alleged lies were. The defense noted that the prosecution put no one on the stand who said otherwise. This is not quite true — agent Novitzky said the grand jury was negatively impacted — but Novitzky’s own success in going after BALCO may work against him here. They got convictions of everyone they targeted, most without a trial. If Bonds was truly screwing the legal system with his testimony, the jury may very well wonder why there was no seeming injustice done as a result. No criminals who went free.

The defense likewise did a good job highlighting where the government’s evidence was light and where the witnesses testimony was specifically deficient or contradicted. Their toughest task was to poke holes in Kathy Hoskins’ story about seeing Bonds injected. They tried, but observers in the courtroom thought her credible when she testified and weren’t particularly impressed with the defense’s handling of her testimony in closing arguments.  Unless the jury decides that Bonds’ lie about injections was immaterial — and given how small and silly it seems compared to the other charges which themselves seem rather minor in the grand scheme, it’s entirely possible they could decide that — there’s a good chance Bonds gets nailed on that charge. If he doesn’t, it will be because of the jury’s disdain for the prosecution’s case as a whole, not because of the actual evidence at trial.

And with that, it’s in the jury’s hands. They will deliberate today. We’ll certainly have a reaction when they reach a verdict.

Pujols has 2 more RBIs, Cardinals beat Pirates 8-7 in 10

Cincinnati Reds v St. Louis Cardinals
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PITTSBURGH – Albert Pujols drove in two more runs and the St. Louis Cardinals went on to beat the Pittsburgh Pirates 8-7 in 10 innings Tuesday night.

Pujols hit a two-run single in the third inning to push his career total to 2,218 RBIs. That came a night after he broke a tie with Babe Ruth for second place on the career list. Hank Aaron holds the record with 2,287.

Cardinals manager Oliver Marmol then removed the 42-year-old Pujols at the end of the inning. St. Louis opens postseason play Friday when it hosts a best-of-three National League wild-card series.

Juan Yepez gave the Cardinals the win when he hit a tiebreaking single with one in the 10th inning off Chase De Jong (6-3) to score automatic runner Ben Deluzio.

“Tonight was interesting because you’re fairly scripted in who you want to use and who you don’t want to use and what you want tomorrow to look like so you can get ready for Friday,” Cardinals manager Oliver Marmol said. “It was a good one to still figure out a way to come out on top.”

The Cardinals threw out the potential tying run at home in the bottom of the 10th when automatic runner Kevin Newman tried to score from second base on Oneil Cruz‘s line single off the glove of first baseman Alec Burleson. The ball deflected to second baseman Brendon Donovan, who threw home to catcher Andrew Knizner.

The Pirates challenged the call, but it was upheld on video review.

“I thought we were going to get it overturned,” Newman said. “I just thought he didn’t tag me until he got higher up on the body.”

It was the Pirates’ 100th loss, the second year in a row they have reached that mark.

The Cardinals got two hits each from Donovan, Corey Dickerson, Knizner and Paul DeJong.

Cruz had three hits for the Pirates and Bryan Reynolds, Rodolfo Castro, Jack Suwinski, Ke'Bryan Hayes and Ji-Hwan Bae added two apiece. Miguel Andujar drove in two runs.

Chris Stratton (10-4) pitched two scoreless innings for the win.

“They weren’t the prettiest two innings I’ve ever pitched but I got a great play from the defense in the 10th inning to help me out,” Stratton said. “It was a good play all the way around.’

Pujols’ hit put the Cardinals ahead 3-1 but the Pirates answered with six runs in the bottom of the third. Andujar’s run-scoring double highlighted an inning that includes RBI singles by Castro, Suwinski, Ben Gamel and Bae.

The Cardinals then scored four runs in the seventh inning to tie the score at 7-all. Donovan hit an RBI single, Dickerson drove in two runs with a double and the tying run scored on a throwing error by Cruz, the rookie shortstop.

Both starting pitchers lasted just 2 2/3 innings. The Cardinals’ Dakota Hudson was rocked for seven runs and nine hits while the Pirates’ JT Brubaker allowed three runs on four hits.

Brubaker was activated from the injured list before the game. He had been out since Sept. 16 with right lat discomfort.

HELSLEY HURT

Reliever Ryan Helsley, the Cardinals’ closer, left in the eighth inning with a jammed right middle finger. Helsley was injured after catching a line drive by Bae and using his hands to brace himself while dodging a piece of a broken bat.

Helsley said he expects to be ready to pitch Friday.

“I don’t think there was anything super wrong with it,” Helsley said. `Just give it some rest and let it resolve itself.”

ROSTER MOVES

The Pirates optioned right-hander Roansy Contreras to Triple-A Indianapolis to clear a roster spot for Brubaker. They also recalled infielder/outfielder Tucapita Marcano from Indianapolis and optioned catcher Jose Godoy to the same club.

PIRATES AWARDS

Center fielder Bryan Reynolds was voted the winner of the Roberto Clemente Award, emblematic of the Pirates’ MVP, by the Pittsburgh chapter of the Baseball Writers Association of America.

Mitch Keller won the Steve Blass Award for best pitcher. Former infielder Michael Chavis was voted the Chuck Tanner Good Guy Award.

TRAINER’S ROOM

Cardinals: OF Tyler O'Neill (strained right hamstring) has been ruled out for the wild-card series but St. Louis is hopeful he can play in the NLDS round if it advances. . 3B Nolan Arenado (left quadriceps tightness) missed his second straight game but could play Wednesday.

UP NEXT

Cardinals: Have not decided on a starter for Wednesday, though Marmol said LHP Matthew Liberatore (2-1, 5.46) and RHP Jake Woodford (4-0, 2.33) are possibilities.

Pirates: RHP Johan Oviedo (4-3, 3.12), who was acquired from the Cardinals on Aug. 1, gets the start.