Did prosecutor's strong close swing Bonds trial?


Did prosecutor's strong close swing Bonds trial?

April 9,2011

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SAN FRANCISCO (AP) -- Prosecutors were down to their last chance, and possibly losing the case.

Several apparent setbacks, culminating with the disastrous testimony of one of their main witnesses, had created a consensus that most if not all of the Barry Bonds perjury case had slipped through the government's fingers after nearly three weeks of trial.

Then Assistant U.S. Attorney Matt Parrella took to the lectern Thursday to deliver the government's final word through his closing argument.

"There's a real irony to this case," Parrella said minutes before the judge turned the case over the jury for deliberations.

His simple pitch: Do you believe that a professional athlete of Bonds' caliber would gullibly take unknown creams and liquids supplied by a sometimes homeless gym rat his personal trainer Greg Anderson?

Bonds faces three charges of lying to a grand jury in 2003 by denying he knowingly took steroids and human growth hormone from Anderson and by saying no one other than his doctors injected him with anything. He also faces an obstruction of justice count.

The jury deliberated all day Friday and will start work again Monday.

If the panel of eight women and four men convict Bonds, legal analysts and courtroom observers said Parrella's closing argument could very well have secured the deal for the government.

"He did a good job of conveying to the jury the evidence it needed to consider," said Golden Gate University law professor Peter Keane. "He gave a very simply explanation."

Keane and others also said Parrella made big strides in containing the considerable damage Dr. Arthur Ting appeared to cause the government's case after prosecutors called him to the witness stand March 31.

Ting, Bonds' orthopedic surgeon, contradicted the key government testimony of Steve Hoskins, Bonds' former business partner and estranged childhood friend. Hoskins spent two days on the witness stand during the first week of the trial.

Hoskins testified that he and Ting had as many as 50 conversations about Bonds and steroids. Ting denied having any such conversations, including telling Hoskins that Bonds' 1999 elbow injury was caused by steroids. That testimony surprised prosecutors, who were derided for calling Ting to the witness stand. The momentum of the trial shifted dramatically in favor of Bonds.

"There's an old law school maxim that you never ask a question that you don't know the answer to," said Stanford University Law School professor William Gould. "I will forever remain perplexed by the calling of Dr. Ting. I don't understand what they were thinking."

Ting did testify that in 1999 he gave Hoskins five pages of a scientific article discussing the effects and dangers of steroids. The section titled "tendon injury" was highlighted in yellow and Hoskins said he showed the article to Bonds.

"Now Dr. Ting was called by the government, OK, and the reason he was called is because the government had nothing to hide," Parrella told the jury Thursday. "We had relevant evidence that we needed from him and we put him on. We weren't afraid to put him on. We have nothing to hide."

Parrella told the jury that prosecutors felt the scientific article was important evidence and that's why they called Ting, who has operated on numerous professional athletes, including former San Francisco 49ers quarterback Joe Montana.

Ting smiled at Bonds' mother and shook the hand of one of the slugger's entourage when he finished testifying.

Parrella speculated before the jury that Ting was "a celebrity doctor trying to soften the blow for a celebrity crime."

Legal observers said Parrella's closing argument helped swing the momentum back toward the government. They also said that Parrella kept his 51-minute closing argument simple and clear, and didn't try to talk around the government's obvious problems with less-than-sympathetic witnesses such as Bonds' former mistress.

"In conclusion," Parrella told the jury, "there's a real irony to this case and it's that these substances that the defendant took to make himself strong, he wasn't strong, he was weak. He went to the grand jury too weak to tell the truth despite all the anabolic steroids."

Bruce Maxwell: Kneeling for anthem not 'disrespecting my country or my flag'

Bruce Maxwell: Kneeling for anthem not 'disrespecting my country or my flag'

OAKLAND — Bruce Maxwell’s gesture to take a knee during the national anthem Saturday night at the Coliseum was no knee-jerk reaction by the A’s catcher.

It was something he’s considered for a long time, balancing his own personal convictions to make a statement with how it might affect his teammates and organization.

Think it was bold of Maxwell to become the first player in baseball to kneel during the anthem, in protest of racial discrimination and the inflammatory remarks of President Trump? It took just as much guts to stand before his teammates, manager Bob Melvin and GM David Forst and explain why he felt he needed to do it.

He did so in a pregame meeting Saturday that made for a degree of discomfort in the room, but also seemed to have played out in a healthy way.

“I didn’t want them to sugarcoat or aid me when it comes to the media and their personal feelings,” Maxwell said, “because the whole point of this is the ability to protest (based on) our personal beliefs and our personal choices.”

Many athletes have been critical of the President, with things intensifying across the sports landscape Saturday after Trump, among other things, withdrew an invitation for the Warriors to visit the White House and harshly criticized athletes who have knelt during the anthem, saying they should be booted off their teams.

After blasting Trump on both Instagram and Twitter, Maxwell took the field for the anthem and took the action that will define him in the eyes of the baseball world. Maxwell had been wanting to make a statement in some way. He said he and his sister dealt with racial discrimination growing up. Watching Trump’s rally play out in his hometown of Huntsville, Ala. on Friday further persuaded Maxwell to finally do so.

“This goes beyond the black community, it goes beyond the Hispanic community, because right now we’re having … a racial divide in all types of people,” said Maxwell, who is African American. “It’s being practiced from the highest power we have in this country and it’s basically saying it’s OK to treat people differently. And my kneeling, the way I did it, was to symbolize the fact that I’m kneeling for a cause. But I’m in no way or form disrespecting my country or my flag.”

A’s outfielder Mark Canha stood next to Maxwell during the anthem with his hand on Maxwell’s shoulder, a show of support. Canha said he’s considered kneeling before in protest himself but had chosen not to. As he listened to Maxwell address the team, Canha wasn’t going to let his teammate make his statement on his own.

“I could tell he was getting kind of choked up and emotional about his beliefs and how he feels about the racial discrimination that’s going on in this country right now,” Canha said. “I felt like every fiber of my being was telling me that he needed a brother today.”

Canha added that he sensed some “discomfort” in the room as Maxwell addressed the team. But he also said there was support.

“It was an open forum to ask him questions. It was as articulate as I’ve seen him,” A’s manager Bob Melvin said. “This wasn’t an emotional thing just today for him. … I think he handled it really well and everybody was comfortable after the session. I’m proud of him for the fact he went about it the way he did.”

Maxwell, who was born in Germany while his father served in the Army over there, said he will continue to kneel for the anthem. He doesn’t expect his teammates to do the same, only to stick to what they believe in.

“I have plenty of family members, including my father, who have bled for this country,” Maxwell said. “At the end of the day, this the best country on the planet. My hand over my heart symbolized that I am, and will forever be, an American citizen. But my kneeling is what’s getting the attention because I’m kneeling for the people that don't have a voice.”

Madison Bumgarner, Gorkys Hernandez make statements in win over Dodgers


Madison Bumgarner, Gorkys Hernandez make statements in win over Dodgers

LOS ANGELES — A 2-1 victory Saturday night at Dodger Stadium all but assured that the Giants will not lose 100 games. They still could, sure, because any sort of downslide is possible in this 2017 season, but they would really have to finish with some sort of ugly stretch. 

Still, it’s been a long season, so it was no surprise when Madison Bumgarner admitted to some sleepless nights since Opening Day. As for Saturday night …

“It’s going to be much easier to go to sleep tonight, because we won,” Bumgarner said.

The big lefty did the heavy lifting, throwing 7 2/3 dominant innings and offering one more reminder that his shoulder is 100 percent fine after a season-halting dirt bike accident. Bumgarner topped out at 93.5 mph, and even though Bruce Bochy thought Dodger Stadium might have had a hot gun on this night, the swings told the story of a good fastball. Bumgarner said this was as good as he has felt in a while. 

“He did look strong,” Bochy said. “He did have really good stuff tonight. It was really crisp.”

It was the kind of night that reminds you that, for all their issues, the Giants will start 2018 with a leg up on many others. They have Madison Bumgarner and you don’t, and that should lead to plenty of good over the course of 32 or 33 starts. 

“I think it’s good for the club to know, hey, he’s back,” Bochy said. “This is the kind of ball we can play.”

It was the brand Bochy appreciates: A strong start, a good bullpen, strong defense, and just enough offense. That’s how the Giants will win in 2018, if they are to do so, which bodes well for the man at the center of Saturday’s offense. The Giants plan to move Denard Span to left field and acquire a new center fielder, but they still lack depth in the organization, and Gorkys Hernandez has made it clear he would like to stick around. He had three hits — including two doubles — and a walk, scoring both Giants runs. 

After a slow start that almost got him released, Hernandez took off over the summer, providing a high average and sparkling defense at three spots. A left wrist tendon issue has slowed him in September, but he surprised the staff by being available for the final two weeks of games, and he said he’ll play through the end of the year before considering any rehab options 

“He certainly has made a statement,” Bochy said. “He’s one of our better athletes. He can play anywhere in the outfield, and what’s impressive is how he’s come on with the bat. A kid like this that plays defense the way he can, and shows he can do some things with the bat, he’s in the mix.”

Hernandez said he loves playing in San Francisco. He intends to spend his offseason getting healthy at his home in Scottsdale before competing for an outfield job. 

“Every time Bochy puts me in the lineup I’m trying to show everyone that I can be here and that I can be part of this team for a long time,” he said.