Bonds jurors are second-guessing their votes

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It’s not often that you see jurors from high-profile cases tracked down well after the case is over, but the New York Times has tracked down the jurors from the Barry Bonds case.

And guess what? Several of them are following the post-trial aspects of the case quite closely.  And whaddaya know, four of the jurors who voted to convict Bonds on the obstruction charge are uncomfortable with their verdict:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

She said, however, that the jury instructions — which were pretty controversial on the obstruction point and will surely form the basis of an appeal — specifically ordered the jurors to focus only on the part of the testimony highlighted by the prosecution in the indictment, and that she and the others took that to mean that they should ignore the part of the testimony a couple of pages later when Bonds actually answered the question that was asked.

Which is nuts, of course, because the law of obstruction of justice actually cares whether justice was, in fact, obstructed. It’s not about whether a specific question was answered the second it was asked.

Of course, that’s not the only source of juror dissatisfaction. Another juror thinks Bonds is getting off too easy:

“Once the trial was over, I got on the Internet and saw how much incriminating evidence was out there that we weren’t allowed to see as jurors,” Steve Abfalter, a juror from Antioch, Calif., said. “So knowing what I know now, it would be hard to handle if the conviction was thrown out because he was obviously so guilty.”

Understandable, I suppose. But the difference there is that Mr. Abfalter was properly instructed to avoid looking at stuff on the Internet that he feels was incriminating. Because we don’t try people on the Internet, we try them in a court of law. On the other hand, Ms. Wolfram and the other three jurors who were reluctant to convict Bonds on obstruction were improperly instructed to ignore actual grand jury testimony.

In each case, however, what the jurors have to say about it is legally irrelevant. Their job in this case is done and their feelings on the matter have no bearing on what happens next.

So, what happens next? Judge Ilston will have everyone — except the jurors that is — back in court on Friday in order to see what, if anything, should be done with this verdict.  Bonds’ lawyers will ask that it be set aside, but given that the reason for doing so would be rooted in their objection to the jury instructions Ilston herself gave the jury, it’s doubtful she’d actually do it.  That seems to be a matter for the appeals court.

More pressing at the moment will be the decision of the prosecution as to whether to re-try Bonds on the perjury counts on which the jury was unable to reach a verdict.  Also, assuming everything stands as-is, the judge will set a sentencing date for Bonds. A date which will likely be more months into the future than total time Bonds will actually be sentenced to. Which is fun.

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.