Barry Bonds appeals his conviction

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Barry Bonds lawyers filed a 60-page brief yesterday, appealing his obstruction of justice conviction.  The heart of it is basically something we’ve noted here all along: that it’s pretty weird to convict someone for not answering a question when they actually, you know, answered the question:

“Any competent English speaker would understand Mr. Bonds’s initial statement as answering the question in the negative,” Riordan wrote. “Mr. Bonds was no more guilty of obstruction than he would have been if, having answered one prosecutorial question, he chatted with grand jurors about the weather while the prosecutor was formulating his next one.”

Riordan further argued that the prosecutors questioning Bonds before the grand jury had a “legal obligation to clarify unresponsive testimony.” Riordan contends the prosecutors should have repeated the question until Bonds answered directly.

And he’s absolutely right about that duty-of-prosecutors to clarify thing by the way.  But even if he isn’t, it’s worth noting that Bonds did actually answer the question that the prosecutors and the jury somehow concluded (at least temporarily) that he did not answer:

source:

That “no” at the end responds to the very question the indictment against Bonds and the subsequent conviction says he didn’t answer.  I tend to think it was a lie, but the jury didn’t, so that’s neither here nor there.

But hey, details. Bonds was a dirty cheater, so we should not expect the evidence in a criminal proceeding against him to matter any.

Phillies’ Bryce Harper to miss start of season after elbow surgery

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PHILADELPHIA – Phillies slugger Bryce Harper will miss the start of the 2023 season after he had reconstructive right elbow surgery.

The operation was performed by Dr. Neal ElAttrache in Los Angeles.

Harper is expected to return to Philadelphia’s lineup as the designated hitter by the All-Star break. He could be back in right field by the end of the season, according to the team.

The 30-year-old Harper suffered a small ulnar collateral ligament tear in his elbow in April. He last played right field at Miami on April 16. He had a platelet-rich plasma injection in May and shifted to designated hitter.

Harper met Nov. 14 with ElAttrache, who determined the tear did not heal on its own, necessitating surgery.

Even with the elbow injury, Harper led the Phillies to their first World Series since 2009, where they lost in six games to Houston. He hit .349 with six homers and 13 RBIs in 17 postseason games.

In late June, Harper suffered a broken thumb when he was hit by a pitch and was sidelined for two months. The two-time NL MVP still hit .286 with 18 homers and 65 RBIs for the season.

Harper left Washington and signed a 13-year, $330 million contract with the Phillies in 2019. A seven-time All-Star, Harper has 285 career home runs.

With Harper out, the Phillies could use Nick Castellanos and Kyle Schwarber at designated hitter. J.T. Realmuto also could serve as the DH when he needs a break from his catching duties.