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The Honolulu Advertiser
Posted on: Sunday, March 1, 2009

Delay in Bonds' trial is just the beginning

Associated Press

Hawaii news photo - The Honolulu Advertiser

Philadelphia's Ryan Howard, right, is greeted by teammate Shane Victorino after hitting a two-run, first-inning home run off Tampa Bay's Mitch Talbot to start a 12-5 spring training rout in Clearwater, Fla.

GENE J. PUSKAR | Associated Press

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SAN FRANCISCO — Baseball's home run king is jobless and apparently unemployable. His once peerless Hall of Fame credentials are tainted. Now, on the eve of resolving criminal charges that he lied under oath about performance-enhancing drug use, the government has thrust Barry Bonds into a legal nether world with no end in sight.

The federal government on Friday put the brakes on Bonds' perjury trial, a brewing media spectacle that was to start tomorrow. Prosecutors had notified the exasperated judge that they would appeal her decision barring them from showing key evidence to the jury.

Now the case has shifted to the 9th U.S. Circuit Court of Appeals where government lawyers and Bonds' team of top-notch Bay Area barristers will fight in the coming months over whether the jury will see the results of three positive steroid tests allegedly linked to Bonds and so-called doping calendars. Also at issue is part of a surreptitious recording in the San Francisco Giants' clubhouse of Bonds' personal trainer apparently discussing getting advanced warning of Major League Baseball drug tests on Bonds.

Unlike California state judges who must rule within 90 days on most matters before them or risk missing their paychecks, federal judges move at their own pace with no time limits placed on their deliberations.

That makes predicting how quickly — or slowly — the appeals court will act on the Bonds case a matter of conjecture. Legal analysts have said the appellate court could take as little as two months to more than a year to send the case back to U.S. District Court Judge Susan Illston, who would then need several more weeks or months to schedule and start another trial.

According to the latest figures available from the Administrative Office of the United States Courts, it took the 9th Circuit an average of 12.7 months in fiscal 2007 to decide criminal cases, slightly longer than the national average of 12.1 months. The 9th Circuit's performance in 2007 was an improvement over the average of 13.8 months in 2006 and 14 months in 2005.

"I know some are talking about this being decided in a few months," University of Richmond professor Carl Tobias said. "But I just don't think this is getting done in less than a year."

Bonds is accused of lying to a grand jury in 2003 when he denied knowingly taking steroids supplied by Anderson. He has pleaded not guilty to 10 counts of making false statements to a grand jury and one count of obstruction of justice.

BREWERS

Milwaukee Brewers pitcher Braden Looper was scratched from his start against the Los Angeles Angels yesterday in Phoenix because of a tight oblique muscle.

The 10-year veteran was warming up in the bullpen yesterday when the muscle tightened.

He said it "felt funny," and even though he felt he still could throw he didn't want to take a chance. He said he first felt a twinge earlier in the week after sneezing.

Looper was signed as a free agent just before the start of spring training. He was 12-14 with a 4.16 ERA in 33 starts last season for the St. Louis Cardinals.

INDIANS

Cleveland Indians pitcher Adam Miller is sidelined with soreness in the same right-hand finger that required surgery last season.

Miller, one of Cleveland's top prospects and a candidate to earn a spot in the bullpen, had surgery on the middle finger on his right hand to repair a tendon last May. He was scratched from a scheduled appearance Friday against San Diego. It's not known when he will throw again.

MARINERS

The Seattle Mariners told Adrian Beltre he can't play for his native Dominican Republic in the World Baseball Classic because he hasn't fully recovered from surgery last fall.

The Gold Glove third baseman said yesterday morning that he had decided he was healthy enough to leave today and join the Dominican Republic team to train for its opening game in the tournament on March 7.

The Mariners disagreed, saying he isn't 100 percent following surgeries in September to repair a ligament in his left thumb and to remove bone spurs from his left, non-throwing shoulder.

"Yes, we took the decision (away)," Mariners general manager Jack Zduriencik said. "We need this player, and we need this player badly, to be competitive this year."

METS

New York Mets ace Johan Santana says that his opening day start could be in jeopardy as he continues to battle tightness in his left elbow.

"We have 162 games," Santana said on yesterday from the Mets camp in Port St. Lucie, Fla. "What we have to accomplish takes 162 games. Everything starts April 6, if it's going to be me or somebody else. It's tough to say right now."

Santana met with Mets general manager Omar Minaya and manager Jerry Manuel for about 40 minutes yesterday morning to discuss a plan of action for his ailing elbow.

The left-hander said doctors have told him an irritated triceps tendon is causing the discomfort in his throwing elbow.

ROCKIES

Colorado outfielder Brad Hawpe will miss the World Baseball Classic because of a left finger injury.

Hawpe had four stitches on his pinkie finger after being spiked in the first inning against the Los Angeles Angels on Friday. He was accidentally stepped on while running back into second base in the first inning against the Angels. There is no damage to ligaments or tendons.

Hawpe, a career .282 hitter with 88 homers and 341 RBI in his four major league seasons, was supposed to join the USA Team this week. He is expected to participate in baseball activities within a week.

ROYALS

The Kansas City Royals shored up their bullpen yesterday, reaching a two-year agreement with right-hander Juan Cruz.

Cruz was 4-0 with a 2.61 ERA in 57 appearances last season with the Arizona Diamondbacks. He averaged 12.37 strikeouts per nine innings, tops among National League relievers.

To make room on the 40-man roster, the Royals designated utility player Esteban German for assignment. German hit .245 in 89 games last season.

Cruz made his major league debut with the Chicago Cubs in 2001, and also has pitched for the Atlanta Braves and Oakland Athletics. He has a 29-31 record with a 4.00 ERA over 297 games, including 38 starts.

YANKEES

New York Yankees catcher Jorge Posada was scratched from the starting lineup for yesterday's game against Minnesota at Tampa, Fla., because of minor soreness and weakness in his surgically repaired right shoulder.

Posada was scheduled to be the designated hitter before being dropped from the lineup about an hour before gametime.

"I'm not concerned at all," said Posada, who had shoulder surgery July 30. "I wanted to play to tell you the truth. I don't feel it hitting."

The catcher felt some soreness when he held the bat over his head while in the on-deck circle during Thursday's game against Toronto. He also played in Friday's contest with Minnesota.

Posada has not yet played behind the plate this spring.