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Tuesday, March 24, 2009

SPOLITICAL: Perry: The Case Against the Case Against Barry Bonds

The great Dayn Perry with an overview…

Barry Bonds’ terminally looming jury trial has been postponed, perhaps until the fall. At some point, though, he’ll probably be dragged in front of his peers on four counts of perjury and one count of obstruction of justice. All of it, of course, traces back to the many-tentacled BALCO scandal, which has been too much with us for the better part of a decade. But it’s going to end soon, and this will almost certainly be the closing scene: Bonds’ walking out of the federal courthouse in San Francisco a free man.

Here’s why he’s going to do just that …

...The cases of Tammy Thomas and Trevor Graham are not instructive.

Much has been made of the fact that both BALCO defendants who chose not to plea out before trial have been found guilty–cyclist Tammy Thomas of perjury and obstruction and track coach Trevor Graham of lying to federal investigators. In both cases, however, the dealers in question testified that they supplied Thomas and Graham with drugs–something both defendants had previously denied. In Thomas’ case, it was chemist Patrick Arnold, and in Graham’s case it was Angel Heredia, a steroids dealer from Texas.

Again, it comes back to Greg Anderson. Since Anderson, Bonds’ alleged supplier, clearly won’t be testifying at Bonds’ perjury trial, the comparisons to Thomas and Arnold are flawed. In Bonds’ case–uniquely–there will be no dealer leveling a finger at him from the stand.

In the end, the only sensible expectation is that Bonds will be exonerated. Considering the wasted resources and zealous overreach on the part of the feds, it’s fitting that they, and not the target of their obsessions, will be the ones chastened by the verdict.

Repoz Posted: March 24, 2009 at 08:41 AM | 11 comment(s)
  Related News: GeneralSan FranciscoSteroids

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   1. jwb  Posted: March 24, 2009 at 08:36 AM (#3112681)
Following a Novitzky-led raid on Greg Anderson’s home, some cash seized as evidence later turned up missing. Novitzky had no explanation.
So the IRS guy can't keep a record of the chain of custody on a wad of cash.
   2. Joey B.  Posted: March 24, 2009 at 09:32 AM (#3112722)
So the IRS guy can't keep a record of the chain of custody on a wad of cash.

The guy running the agency can't use TurboTax properly, so maybe it's a systemic problem.
   3. David Nieporent (now, with child)  Posted: March 24, 2009 at 09:37 AM (#3112734)
I had known about most of the stuff Dayn mentions, but I had never reviewed the Estalella grand jury testimony. That's pretty damning... of the government's case. He was the one I thought that the Bonds defense team had the most to worry about, because (unlike the Hoskinses and Bell) he had no obvious motive to lie, no obvious skeletons in his closet, and so a jury would likely find him credible. But if his testimony under oath changed, there goes that. (Doesn't mean they still can't believe him, but he's tainted too.)
   4. David Nieporent (now, with child)  Posted: March 24, 2009 at 09:42 AM (#3112740)
That having been said, Dayn's analysis is a little overoptimistic in favor of Bonds; it's a common mistake of lay analysts to look at each piece of evidence individually, note that each piece is flawed, and therefore conclude that the person should/will be acquitted. But a bunch of flawed evidence -- several accusers with questionable credibility, for instance -- can often add up to a conviction; juries often feel that although one person may likely be a liar, it's unlikely they all are.
   5. Best Regards, Larry Mahnken  Posted: March 24, 2009 at 10:42 AM (#3112826)
juries often feel that although one person may likely be a liar, it's unlikely they all are.
In this circumstance, Bonds being a ######### works in his favor. It gives plenty of people reason to lie about him.
   6. Gambling Rent Czar  Posted: March 24, 2009 at 02:25 PM (#3113150)
free Barry Bonds!
   7. SoSH U at work  Posted: March 24, 2009 at 02:28 PM (#3113157)
free Barry Bonds!


Borris tried that sales gimmick last year and got no takers.
   8. sjberke  Posted: March 24, 2009 at 02:56 PM (#3113192)
And I would be hard pressed to agree with Mr. Perry that Barry Bonds will be 'exonerated' and the government 'chastened' if Mr. Bonds wins an acquittal or a dismissal based primarily on Greg Anderson's refusing to testify (which is not the same as Mr. Anderson getting up in court and testifying that he never injected anything illegal). Mr. Bonds may be found not guilty in a court of law, but in such a situation, that would not mean vindication in the court of public opinion, or, more to the point, a triumphant return to baseball (especially since MLB would no doubt start their own proceedings). Not the same situation, but remember that the Chicago Black Sox were also found not guilty in court...
   9. Gambling Rent Czar  Posted: March 24, 2009 at 03:19 PM (#3113217)
Wait, so MLB is going investigate again? Mitchell Report II? ... Awesome.
   10. EddieA  Posted: March 24, 2009 at 03:34 PM (#3113264)
MLB would no doubt start their own proceedings


What would they "proceed" on?
There likely will be a collusion hearing soon after the exoneration becomes official.
   11. rdfc  Posted: March 24, 2009 at 04:32 PM (#3113403)
Indeed, if Bonds is not convicted, MLB will not proceed but be proceeded upon.
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