Sun
Mar 26 2006
07:43 pm

Call me crazy, but if I were Mark Fainaru-Wada and Lance Williams, I wouldn’t be all that anxious to get a judge to dismiss the suit that Barry Bonds had filed trying stop the collection of profits for the book Game of Shadows (web site).

A judge in San Francisco almost did that this week.

The book details the steroid use of the San Francisco Giants superstar. It tells how Bonds began using steroids after the 1998 seasons to pump himself up and to start – at the twilight of what was probably a Hall of Fame career – putting up monster numbers, especially in the home run category.

The book was painstakingly research by Fainaru-Wada and Williams, two reporters for the San Francisco Chronicle. They conducted dozens of interviews, heard audio tapes, and read hundreds of documents. Some of those documents were grand jury testimony that was supposed to remain secret.

Bonds has not denied the allegations specifically. Instead, he has refused to talk about it. Now he has had his lawyers file suit to stop the authors and publishers from collecting any profits on the book. Why? It’s a novel legal argument that the profits are illegal because some of the documents used in the book were obtained illegally (a somewhat questionable assertion in itself).

That argument has the strength of a piece of cellophane in a hurricane.

This week a judge in San Francisco recognized it as such as refused to grant an injunction against the defendants based on it. He even said the suit had little chance of success. But he didn’t dismiss it.

And that may be a victory for the authors.

If they are forced to defend themselves against the suit, they would probably be able to depose Bonds himself. That would be a reporter’s dream – a major source have to answer questions UNDER OATH.

Man, don’t you know they have a question or two for the slugger.

But, unfortunately, it probably won’t happen. Some judge will do the right thing and throw the suit out as a waste of everybody’s time.

That’s too bad. The thought of Barry Bonds having to tell the truth in the presence of a couple of top-ranked reporters comforts the mind as we head toward Opening Day – when all things become new.

Read more about journalism and issues facing the profession at JPROF.com.

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R. Neal's picture

Great analysis. The

Great analysis. The journalistic/legal aspects are a lot more interesting to me than "oh, another baseball player was using steroids?" story.

LCleavelin's picture

Speaking as one who

Speaking as one who malpracticed law for 10 years of his life, the only legal interest in the whole sorry story is the amusement caused by Bonds's "I deserve their profits because their sources illegally leaked grand jury testimony" lawsuit, which caused me to blow my morning coffee all over my new monitor when I read it.

Watching Barry take the Fifth during depositions in the civil case would be great fun, too, save that I know that when push comes to shove the case won't ever get that far.

Personally, I think John Brattain in The Hardball Times said it all:

Let’s look at this objectively. Everybody’s biggest fear is that he’ll keep playing and sourpuss surpass Babe Ruth and Hank Aaron.

So what? If Bonds does that, his legacy will consist of the biggest but[t] since Sid Fernandez; as in “Barry Bonds is the all-time home run leader but …” or, Barry Bonds retired with the second most home runs in baseball history but …” As it is, he’s already “third on the all-time home run list, but …” “Bonds is a seven-time NL MVP, but …” and “Bonds holds the single season record for [insert stat here], but …” Every mention of Bonds career is going to have the verbal asterisk “but” affixed to it.

How does that negatively affect the legacies of Ruth and Aaron? Bonds doesn’t detract from their legacies, he enhances them as in “Hank Aaron is second on the all time home run list, but he did it cleanly/honestly/honorably.” Think about it Barry Bonds was once an all time great player but he needed ‘help’ to get into the rarefied air of Aaron and Ruth.

That’s how great they were.

See the point? The home run record is a number; Ruth and Aaron, however, are legends. Numbers change, legends remain forever.

If Barry Bonds wants to bear that particular cross then he’s free to do so. Instead of eclipsing them, he’ll become a pathetic figure rather than a legendary one.

...

For those who want Bonds to suffer for his misdeeds—don’t worry he will. He’ll never be able to kick the “but”.

I highly recommend Brattain's whole article; it's an excellent read.

JPROF's picture

Good points

Our recovering malpractice friend makes good -- and comforting -- points.

It appears that Bonds is going to make us sit through all the mindless media hype that will occur when he nears and then surpasses the numbers that Babe Ruth and Hank Aaron put up.

 So I will make it a point to remember that no matter what the final numbers are, Bonds will never match what those and other greats have done.

Still, watching Bonds answer questions under oath has more value than simply giving us the pleasure of seeing him squirm. It would so society a lot of good at this moment, I think, to see someone of his celebrity status actually tell the truth. 

But as I said before, Opening Day is approaching, and that may be the best news we can hope for these days. 

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